0:00:02 > 0:00:04Thank you, my friend. Pleasure. Take care.
0:00:06 > 0:00:09You shouldn't watch scary movies so close to bedtime.
0:00:09 > 0:00:11Kate? Jamie!
0:00:11 > 0:00:14Dad!
0:00:15 > 0:00:17You're defending him. You know as well as I do,
0:00:17 > 0:00:19for good or bad, everyone deserves a defence.
0:00:19 > 0:00:21Mr Burton will not be in court.
0:00:21 > 0:00:23As he's a witness, he cannot act for the Crown in any way.
0:00:23 > 0:00:25So he just has to watch.
0:00:25 > 0:00:28Foyle had a storage unit. Someone took it on after him.
0:00:28 > 0:00:30If something's not turning up, look somewhere else.
0:00:30 > 0:00:33And what did you make for dinner that night?
0:00:33 > 0:00:34Spaghetti carbonara!
0:00:34 > 0:00:37I should've fought him harder. What are you saying?
0:00:37 > 0:00:39I scratched his head. With your hands?
0:00:39 > 0:00:41And then I hid. You moved?!
0:00:41 > 0:00:44"The forensic team just found DNA at the cottage." Foyle's?
0:00:44 > 0:00:46"They want to meet."
0:00:46 > 0:00:49In the trauma of finding your wife, you look up and see a man
0:00:49 > 0:00:52whose absence from your life would be very useful indeed,
0:00:52 > 0:00:55but it wasn't that man, was it, Mr Burton?
0:00:55 > 0:00:57You just wanted it to be.
0:00:57 > 0:01:00SUSPENSEFUL, JUDDERY MUSIC
0:01:02 > 0:01:05BIRDS CHIRRUP
0:01:33 > 0:01:36BIRDS CHIRRUP LOUDLY
0:01:40 > 0:01:43MUSIC BUILDS TO CLIMAX
0:01:45 > 0:01:48SOMBRE MUSIC
0:02:13 > 0:02:16CLOCK TICKS
0:02:22 > 0:02:24BACKGROUND CHATTER
0:02:24 > 0:02:27Thanks. Morning! Good morning, Doctor Lambert.
0:02:27 > 0:02:29Sorry I'm late. Remind me...
0:02:29 > 0:02:32Low-count DNA. Kate Burton. Oh, yeah.
0:02:32 > 0:02:36They'll try and trip you on the low count. Keep your answers simple.
0:02:36 > 0:02:40Thanks for the tip. I've only done this three or 400 times.
0:02:40 > 0:02:43Did this analysis prove conclusively
0:02:43 > 0:02:46that the DNA discovered in the cottage
0:02:46 > 0:02:48matches that of a particular individual?
0:02:48 > 0:02:51It did. Whose DNA did the sample match?
0:02:51 > 0:02:55We matched the sample to the DNA of Mr Liam Foyle.
0:02:55 > 0:02:57HE SCOFFS
0:02:57 > 0:03:02We are very stringent about our quality controls. We take our job extremely seriously.
0:03:02 > 0:03:03That is very reassuring.
0:03:03 > 0:03:09Were you responsible for analysing DNA samples in connection with Crown vs Foyle last year?
0:03:09 > 0:03:10I believe so.
0:03:10 > 0:03:13You believe so?
0:03:13 > 0:03:15Yes, we were.
0:03:15 > 0:03:17And in order to do that, samples of my client's DNA
0:03:17 > 0:03:21would've been sent to and processed by your lab, is that correct?
0:03:21 > 0:03:23Well, yes, there's a - Thank you.
0:03:23 > 0:03:26So my client's DNA, at that time,
0:03:26 > 0:03:31would've been effectively distributed throughout that lab like dust through an old house?
0:03:31 > 0:03:34My Lord! I take it this is leading somewhere?
0:03:34 > 0:03:35I'm just arriving now, My Lord.
0:03:35 > 0:03:38Dr Lambert, I have a sworn statement from your laboratory
0:03:38 > 0:03:43that confirms a deep clean was performed in all clean-room areas on the 12th of this month.
0:03:43 > 0:03:46You brought the schedule forward. Why was that? Oh, come on!
0:03:46 > 0:03:47Mr Mayfield...
0:03:47 > 0:03:50Dr Lambert, if you please...
0:03:50 > 0:03:52We conduct regular cleaning.
0:03:52 > 0:03:57We recently decided to increase the number of cleans - Why was it brought forward?
0:03:57 > 0:04:02Your cleaning schedule is normally enacted on a regulated basis, so something must've happened.
0:04:02 > 0:04:06It was necessary. Are you or are you not in the process of an internal investigation
0:04:06 > 0:04:10into the viability of contaminants within the laboratory?
0:04:10 > 0:04:13Please answer yes or no.
0:04:13 > 0:04:16But you can't answer... HE SIGHS
0:04:18 > 0:04:19Yes.
0:04:19 > 0:04:21Are you concerned about your failure rate?
0:04:21 > 0:04:24Am I...? Everyone's concerned about their failure rate!
0:04:24 > 0:04:26It's an industry-wide concern! Thank you.
0:04:26 > 0:04:30My Lord, this is new information. It should've been disclosed, certainly.
0:04:30 > 0:04:34What's clear beyond doubt is, this evidence is utterly compromised.
0:04:37 > 0:04:40You have to stop her. It's a wee bit late for that.
0:04:40 > 0:04:45She's twisting the facts around to make them wrong. Doing a good job of it, too.
0:04:45 > 0:04:48If we don't have this DNA, then what do we have?
0:04:49 > 0:04:52A problem. HE SIGHS
0:04:53 > 0:04:55Spaghetti carbonara
0:04:55 > 0:04:58and an Arctic roll for afters.
0:04:58 > 0:05:01Miss Morris, that's a matter for defence counsel.
0:05:01 > 0:05:04All I want to ask you about is the search of your storage unit,
0:05:04 > 0:05:06not the defence alibi, such as it is.
0:05:06 > 0:05:09Please stick to the matter at hand. My Lord!
0:05:09 > 0:05:11Get on with it, Mr Mayfield.
0:05:11 > 0:05:15Miss Morris, you maintain a contract with this storage facility?
0:05:15 > 0:05:16I do, yes.
0:05:16 > 0:05:19And when these premises were searched by the police a few days ago,
0:05:19 > 0:05:23a pair of size-12 boots was recovered from your unit,
0:05:23 > 0:05:26isn't that right? Yes, er, the other unit.
0:05:26 > 0:05:29Are these your boots? They seem rather large for you!
0:05:29 > 0:05:30What other unit?
0:05:30 > 0:05:34My Lord, this is new information! Which was given to my learned friend yesterday.
0:05:34 > 0:05:37Chain of continuity, My Lord...
0:05:37 > 0:05:40Usher. TENSE MUSIC
0:05:41 > 0:05:45The warrant was for Eileen Morris's possessions in the storage unit.
0:05:45 > 0:05:48They had no authority to search F38. If... Only F37.
0:05:48 > 0:05:51The search of F38 was unlawful.
0:05:51 > 0:05:55If defence had a problem with the evidence, they should've argued it at the appropriate time.
0:05:55 > 0:05:57The issue has only just come to light.
0:05:57 > 0:06:01Foyle's previous use of F37 connects him to it. It falls within the chain of continuity.
0:06:01 > 0:06:03F38 was entirely separate!
0:06:03 > 0:06:06Judge, obviously I ask you to exclude this evidence under Section 78.
0:06:06 > 0:06:09It was the unit next door! It...
0:06:15 > 0:06:19And should you request, I will no doubt accede.
0:06:20 > 0:06:23Then, I respectfully submit, My Lord,
0:06:23 > 0:06:26there is no case to answer.
0:06:26 > 0:06:31In the absence of any viable evidence - There is compelling evidence!
0:06:35 > 0:06:40The eyewitness evidence of a broken man,
0:06:40 > 0:06:44alone and devastated in the dark...
0:06:47 > 0:06:50Having heard arguments from counsel
0:06:50 > 0:06:54as to the strength of the evidence at this stage of the trial,
0:06:54 > 0:06:57I have concluded the following...
0:06:58 > 0:07:01There is insufficient evidence
0:07:01 > 0:07:05for the case to continue for your consideration.
0:07:05 > 0:07:08For that reason, on my direction,
0:07:08 > 0:07:12you will return a verdict of not guilty.
0:07:12 > 0:07:14On His Lordship's direction,
0:07:14 > 0:07:18do you find the defendant not guilty?
0:07:18 > 0:07:19FOREWOMAN: Not guilty.
0:07:19 > 0:07:23And is that the verdict of you all? Yes.
0:07:23 > 0:07:26SPECTATORS MURMUR All rise.
0:07:27 > 0:07:29MR MAYFIELD SIGHS
0:07:30 > 0:07:33Mr Foyle, you may leave the dock.
0:07:39 > 0:07:42Congratulations. Oh, thanks.
0:07:42 > 0:07:44Margaret...
0:07:44 > 0:07:47Thank you, my friend.
0:07:47 > 0:07:49Pleasure. Take care.
0:08:07 > 0:08:11MUSIC BUILDS TO CLIMAX
0:08:13 > 0:08:15Are you all right there, mate? Sorry, my foot slipped.
0:08:15 > 0:08:18Are you all right? Yeah?
0:08:21 > 0:08:24HE BREATHES HEAVILY
0:08:33 > 0:08:36CHILDREN SHOUT
0:08:42 > 0:08:45Jamie...
0:08:49 > 0:08:52SOMBRE MUSIC
0:09:05 > 0:09:07APPLAUSE
0:09:08 > 0:09:11Ah, she blows! Pull! CORK POPS
0:09:11 > 0:09:15A consummate performance. First class.
0:09:15 > 0:09:18This is for you.
0:09:18 > 0:09:20I believe you've earned it.
0:09:21 > 0:09:23Pretty juicy, too!
0:09:23 > 0:09:26Ooh! Thank you.
0:09:31 > 0:09:34SOMBRE MUSIC CONTINUES
0:09:57 > 0:09:59TENSE MUSIC
0:10:15 > 0:10:18SIRENS WAIL IN DISTANCE
0:10:27 > 0:10:30Vadim! Excuse me.
0:10:30 > 0:10:32Mr Will.
0:10:32 > 0:10:34You're looking well.
0:10:34 > 0:10:36I'm sorry to hear about your wife.
0:10:36 > 0:10:40Thank you. If there is anything I can do for you...
0:10:40 > 0:10:43What time do you finish work?
0:10:49 > 0:10:51EERIE MUSIC
0:11:06 > 0:11:08MUSIC BUILDS
0:12:20 > 0:12:22I clone it fast.
0:12:43 > 0:12:46The name you wanted - Beinn Alligin.
0:12:46 > 0:12:49ENGINE STARTS
0:13:02 > 0:13:05Hi. Look, sorry, I just wanted to come and...
0:13:05 > 0:13:08SHE SIGHS
0:13:08 > 0:13:11I'm not sure why I came, actually.
0:13:12 > 0:13:15Was that who I think it was?
0:13:17 > 0:13:19I thought you'd be out celebrating.
0:13:19 > 0:13:21No, just...
0:13:25 > 0:13:27I'm sorry.
0:13:27 > 0:13:29It's just... Your job.
0:13:31 > 0:13:33Look, no hard feelings.
0:13:33 > 0:13:36By which I mean - Watch yourself, Maggie.
0:13:39 > 0:13:42SHE SIGHS
0:13:56 > 0:13:58TENSE MUSIC
0:14:27 > 0:14:29MUSIC BUILDS
0:14:37 > 0:14:40Can I...
0:14:40 > 0:14:43Can I come round tonight, please?
0:14:43 > 0:14:45I'm freaking out!
0:14:45 > 0:14:47JOHANN: "I think this is most inappropriate."
0:14:47 > 0:14:50Oh, come on, think...!
0:14:50 > 0:14:53How did he know? There's no way he could've known!
0:14:53 > 0:14:58"If you're that concerned, I suggest you call the police." Oh, God!
0:14:58 > 0:15:02Oh, God, I've just completely...
0:15:02 > 0:15:04DRAMATIC MUSIC
0:15:17 > 0:15:20BACKGROUND CHATTER PHONES RING
0:15:22 > 0:15:23We have a window for appeal.
0:15:23 > 0:15:27Ohh! Maybe not now, but... Come on!
0:15:30 > 0:15:34No, optimism was never... Forget it. We lost.
0:15:36 > 0:15:38It's over.
0:15:40 > 0:15:43SOMBRE PIANO-LED MUSIC
0:15:54 > 0:15:56WILL SNIFFS
0:16:13 > 0:16:15BIRDS CAW WAVES LAP
0:16:31 > 0:16:33Will!
0:16:49 > 0:16:51Are you coming?
0:17:09 > 0:17:14I never knew about this place. Yeah, Kate's cousin lets us use it every now and again.
0:17:14 > 0:17:18Cracking bottle of wine inside, if you're interested?
0:17:24 > 0:17:27It took some real sleuthing to find you. You know my methods, Watson.
0:17:27 > 0:17:30Red or white? Er... You chose.
0:17:30 > 0:17:32Huhh! How are you, Danny?!
0:17:32 > 0:17:34All the better for seeing you, mate!
0:17:34 > 0:17:37Pop those in the pot, would you? That's alive, alive-O.
0:17:37 > 0:17:40Now you're talking.
0:17:40 > 0:17:43Ah, here! You pasta, me sauce.
0:17:46 > 0:17:52Don't you need a permit for those? Public right to fish in tidal waters - Malcomson v O'Dea, 1863,
0:17:52 > 0:17:53before that, the Magna Carta.
0:17:53 > 0:17:57To be fair, it's not mentioned at all in the Magna Carta, everyone just thinks it was.
0:17:57 > 0:18:00So strictly speaking, right now, we just broke the law.
0:18:00 > 0:18:03Well, to be precise, you did! Except now, you're an accessory.
0:18:03 > 0:18:05What about me?
0:18:05 > 0:18:08Probably just a caution. Thanks! You're very welcome!
0:18:08 > 0:18:10Stop crying and pour some wine.
0:18:12 > 0:18:14Not even a civil suit!
0:18:14 > 0:18:17We're not going in that direction.
0:18:17 > 0:18:20Even if we get him, no-one wins. HE SIGHS
0:18:20 > 0:18:24It's not going to bring her back. So, we're just going to sit here, then?
0:18:31 > 0:18:33Are you keeping busy?
0:18:33 > 0:18:37I've been offered Chambers Manager at Citadel.
0:18:39 > 0:18:40Manchester.
0:18:40 > 0:18:44You do know what they do to QPR supporters there, don't you?!
0:18:44 > 0:18:46HE SIGHS
0:18:46 > 0:18:49I'm sorry you had to take that fall, Danny.
0:18:53 > 0:18:57You had us all worried for a minute, disappearing like that.
0:18:57 > 0:18:58Why's that?
0:18:58 > 0:19:01You always seem so planned.
0:19:01 > 0:19:03You haven't seen the school run.
0:19:03 > 0:19:06I mean, it's not like you to do anything on the fly.
0:19:06 > 0:19:10HE SIGHS Well, that's me all over, Danny.
0:19:10 > 0:19:13I'm just full of surprises.
0:19:28 > 0:19:31ANNOUCEMENT ON TANNOY
0:19:33 > 0:19:37How long does it take to get to Edinburgh? Ten minutes, the way you drive.
0:19:41 > 0:19:44Try not to take off, OK.
0:19:45 > 0:19:50I'll be back as soon as I can. Look after Granny for me.
0:19:51 > 0:19:53Dad... Yeah?
0:19:53 > 0:19:55You're shaking.
0:20:29 > 0:20:32Look, I mean, if you really were thinking of coming here,
0:20:32 > 0:20:38we'd, obviously, be very interested in having you join the set.
0:20:38 > 0:20:42No, I'm actively looking. My family needs a change of scene so...
0:20:42 > 0:20:46Oh, well, for families, it's a lovely place!
0:20:46 > 0:20:49You should rent a car and drive around a bit while you're here,
0:20:49 > 0:20:53see the scenery. I might just do that.
0:20:56 > 0:20:59SOMBRE MUSIC
0:21:49 > 0:21:51CHEERFUL CHATTER
0:22:00 > 0:22:03What would you like? Hi. Do you mind if I use your loo?
0:22:03 > 0:22:05Thanks.
0:22:15 > 0:22:17TOILET FLUSHES
0:22:26 > 0:22:28CUBICLE DOOR OPENS
0:22:29 > 0:22:31MAN WHISTLES
0:22:32 > 0:22:35TENSE MUSIC THROUGHOUT
0:23:01 > 0:23:03DOOR SLAMS
0:24:31 > 0:24:34HORN BEEPS
0:25:56 > 0:25:58TENSE MUSIC
0:26:09 > 0:26:12MUSIC BUILDS
0:26:41 > 0:26:43LIAM MUMBLES
0:27:01 > 0:27:04DOOR CLOSES
0:27:21 > 0:27:26What's the law on home invasion these days? I'm a little cloudy.
0:27:26 > 0:27:32What's a proportionate response to someone surprised in their home by a stranger?
0:27:40 > 0:27:42I need to ask you something.
0:27:42 > 0:27:45DOOR OPENS I'm on Facebook.
0:27:45 > 0:27:47I know.
0:27:48 > 0:27:50Well,
0:27:50 > 0:27:52you're here now,
0:27:52 > 0:27:56so you can ask me whatever you like.
0:28:00 > 0:28:03WILL TREMBLES
0:28:07 > 0:28:10When did you decide to kill my wife?
0:28:17 > 0:28:20Please, I need to know.
0:28:20 > 0:28:22When you killed her,
0:28:22 > 0:28:25did she die quickly?
0:28:27 > 0:28:31Are you playing a character? Are you?
0:28:31 > 0:28:36Are you all the way up there, looking all the way down here?
0:28:36 > 0:28:40And do you think I'm a little bit stupid?
0:28:42 > 0:28:45WILL TREMBLES
0:28:45 > 0:28:47DRAMATIC MUSIC
0:28:54 > 0:28:58You're going about this all wrong.
0:29:00 > 0:29:04Well, you're the expert.
0:29:04 > 0:29:06"When did you decide to kill my wife?"
0:29:06 > 0:29:08You and your brain!
0:29:08 > 0:29:11Have you ever seen a brain up close? It looks like a cauliflower.
0:29:11 > 0:29:15The neural cortex looks like icing.
0:29:15 > 0:29:18They say it's what separates us from the animals.
0:29:18 > 0:29:22But we are animals. We're mammals. Like a lion.
0:29:22 > 0:29:26You wouldn't blame a lion for being a lion, would you, Will?
0:29:26 > 0:29:29Especially if you were the one who let him out.
0:29:30 > 0:29:33How do you live with yourself?
0:29:34 > 0:29:38I forgive myself. HE COUGHS
0:29:38 > 0:29:41How do you live with yourself?
0:29:41 > 0:29:44HE CLEARS THROAT
0:29:44 > 0:29:46HE COUGHS
0:29:53 > 0:29:55HE COUGHS SPLUTTERS
0:30:09 > 0:30:11You're very clever!
0:30:13 > 0:30:15HE COUGHS GROANS
0:30:18 > 0:30:20ITEMS CLATTER SMASH
0:30:20 > 0:30:22My pen...
0:30:22 > 0:30:25Get the pen! HE COUGHS
0:30:25 > 0:30:28HE TAKES RAPID, SHARP BREATHS
0:30:54 > 0:30:57OUTSIDE LINE RINGS
0:30:59 > 0:31:02Ambulance.
0:31:02 > 0:31:05WOMAN: "It's an oval tube." Oval tube! Yes! Yes!
0:31:05 > 0:31:08It's sort of grey with an orange end. "That's it."
0:31:08 > 0:31:10I'm putting you on speaker.
0:31:10 > 0:31:14Can you still hear me? "Yes. Are you holding the tube?" Yeah.
0:31:14 > 0:31:16"Now put your fist around the tube."
0:31:16 > 0:31:19OK. "Hold the orange tip near the thigh."
0:31:19 > 0:31:22He has his trousers on! "The needle will go through.
0:31:22 > 0:31:24"Hold the orange tip near his thigh,
0:31:24 > 0:31:27"with your other hand, pull off the blue safety release." Done it.
0:31:27 > 0:31:32"Now, swing and firmly push the tip against the thigh until it clicks.
0:31:32 > 0:31:35"Hold it there for ten seconds. Did you get that?"
0:31:35 > 0:31:37Swing, click, wait. OK. Here goes.
0:31:37 > 0:31:39HISSING What was that?
0:31:39 > 0:31:43"You probably heard the needle mechanism. It's spring-loaded."
0:31:43 > 0:31:48OK. "The drug in the EpiPen should keep him steady till the ambulance gets to you.
0:31:48 > 0:31:52"Are you still with me?" Yeah. I'm here. "You're doing great."
0:31:52 > 0:31:54What now? "OK, you can take it out.
0:31:54 > 0:31:58"Look at the barrel. Is there a red strip visible on the barrel?
0:31:58 > 0:32:02"That will tell you that the drug went in." Er, hang on.
0:32:02 > 0:32:03Hang on. LIAM GRUNTS
0:32:03 > 0:32:05I can't see it!
0:32:05 > 0:32:08"Just above the writing, there's a window."
0:32:08 > 0:32:10Oh, yes! Yes, yes, yes, it's there!
0:32:10 > 0:32:13"Is the patient responding?"
0:32:13 > 0:32:15MUSIC BUILDS
0:32:18 > 0:32:20"Sir? Sir? Hello?
0:32:20 > 0:32:21"Anybody hear me?
0:32:21 > 0:32:23"Hello?
0:32:23 > 0:32:25"Anybody there?
0:32:25 > 0:32:27"Hello, sir?
0:32:27 > 0:32:29"Can you hear me?"
0:32:29 > 0:32:31WILL COUGHS
0:32:38 > 0:32:40GLASS SHATTERS
0:32:40 > 0:32:42WILL GRUNTS
0:32:48 > 0:32:51SIRENS WAIL
0:32:52 > 0:32:54WILL COUGHS
0:33:01 > 0:33:03Are you all right? Yeah, just a bit of smoke.
0:33:03 > 0:33:05Just the two of you up there? Yeah.
0:33:05 > 0:33:08Showing vasodilation. Capillary leak.
0:33:08 > 0:33:10Is he going to be OK? Bad shoulder bleed here.
0:33:10 > 0:33:13Let's concentrate on his breathing. Here we go.
0:33:13 > 0:33:15You're going to be all right. We're the paramedics.
0:33:15 > 0:33:17You'd better come with us. No, my car's -
0:33:17 > 0:33:21No, mate, we can't leave you. You're going to come with us.
0:33:21 > 0:33:23Bring that green bag, please.
0:33:23 > 0:33:26One, two, three, lift!
0:33:26 > 0:33:29OK, let's go. Let's go.
0:33:30 > 0:33:32TENSE MUSIC
0:33:37 > 0:33:39SIRENS WAIL
0:33:45 > 0:33:49Lucky your friend was there. He used your EpiPen. We've got some more adrenalin ready.
0:33:49 > 0:33:53Everything is OK. I know your breathing's not that easy,
0:33:53 > 0:33:57but we'll be in the hospital in five minutes. Hang on there. Just open your eyes.
0:33:57 > 0:33:59MONITOR BEEPS MONOTONOUSLY Chest compressions!
0:33:59 > 0:34:03OK, we've got one milligram of adrenalin.
0:34:03 > 0:34:07MACHINE BEEPS NORMALLY OK, well done. All right, mate...
0:34:07 > 0:34:10Mind if I open a window? I think I'm going to be sick. He's arrested in the back!
0:34:10 > 0:34:13HE TAKES SHALLOW, RAPID BREATHES
0:34:34 > 0:34:36MEDICS SPEAK IN BACKGROUND
0:34:36 > 0:34:38Arrested!
0:34:47 > 0:34:50OVERLAPPING SPEECH
0:34:55 > 0:34:58INDISTINCT INSTRUCTIONS
0:35:11 > 0:35:13MACHINE BEEPS
0:35:17 > 0:35:20MACHINE FLATLINES
0:35:30 > 0:35:33William Burton?
0:35:33 > 0:35:35Will you come with me, please?
0:35:39 > 0:35:42Did you and Mr Foyle have any interactions?
0:35:42 > 0:35:43Yes.
0:35:43 > 0:35:47He attacked me and I stabbed him.
0:35:50 > 0:35:52With this...
0:36:06 > 0:36:08DOOR OPENS
0:36:14 > 0:36:16Quite a shock, don't you think?
0:36:16 > 0:36:18What is?
0:36:21 > 0:36:23He's dead?
0:36:23 > 0:36:25Keep reading.
0:36:35 > 0:36:37SOMBRE MUSIC
0:36:56 > 0:36:58SHOUTING IN BACKGROUND
0:37:34 > 0:37:38Excuse me. Erm, does Vadim Kumarin still work here?
0:37:40 > 0:37:44Do you know where he might be? Do you know...
0:37:44 > 0:37:46OK.
0:38:00 > 0:38:02Thank you.
0:38:03 > 0:38:05SHE SIGHS Welcome to Scotland.
0:38:05 > 0:38:08Oh, is that where I am?! I wondered why everyone was Scottish.
0:38:08 > 0:38:10Some good news from the Fiscal.
0:38:10 > 0:38:15They'd recommend acceptance if you offered a Section 76 plea of culpable homicide.
0:38:15 > 0:38:18Probably a 30 percent discount on sentence.
0:38:18 > 0:38:22That's nine years at most. Out in six.
0:38:22 > 0:38:25And that's good news because...?
0:38:25 > 0:38:29Because you're in serious trouble.
0:38:29 > 0:38:32If you're thinking of going not guilty, that's a murder trial!
0:38:32 > 0:38:35The Crown's going to be all out for your blood.
0:38:35 > 0:38:39Look, I typed up a draft plea offer for you.
0:38:40 > 0:38:42This is a choice.
0:38:42 > 0:38:45You've got life, with a minimum of 20 years for murder,
0:38:45 > 0:38:50or sign the offer, do six years and see your son finish school,
0:38:50 > 0:38:52instead of missing the whole thing.
0:38:52 > 0:38:55I'm not missing a single second!
0:38:55 > 0:38:58Don't be like this. Come on.
0:38:58 > 0:39:00You need to seriously consider this.
0:39:00 > 0:39:03Do you think I did it? No!
0:39:03 > 0:39:05No.
0:39:05 > 0:39:08Of course I don't.
0:39:11 > 0:39:13Make sure you recycle that.
0:39:13 > 0:39:16I appreciate you coming down, Jen, but I think I'll do it myself.
0:39:16 > 0:39:19You can't. I can. In fact, I can do all of it myself.
0:39:19 > 0:39:22No, you can't! This is Scots law, idiot.
0:39:22 > 0:39:25There's a thousand differences. Renton Brown, right?
0:39:25 > 0:39:27That's a punchy read.
0:39:31 > 0:39:36You've always been there for me, and I'm sorry, but this isn't going to work out.
0:39:36 > 0:39:39What do you think you are doing? Eh?
0:39:39 > 0:39:41I'm trying to help you here! I know.
0:39:41 > 0:39:43Thank you,
0:39:43 > 0:39:46but I'll take it from here.
0:39:52 > 0:39:54TENSE MUSIC
0:40:27 > 0:40:29DOOR OPENS
0:40:29 > 0:40:31Court!
0:40:48 > 0:40:51Ladies and gentlemen,
0:40:51 > 0:40:55the charge on the indictment is that, on the 23rd of March,
0:40:55 > 0:40:59at a house near Kielder Forest in Scotland,
0:40:59 > 0:41:03William Burton did assault Liam Michael Foyle
0:41:03 > 0:41:08and did stab on the body with a knife containing thereon a substance,
0:41:08 > 0:41:12knowing that this would cause severe injury, anaphylaxis
0:41:12 > 0:41:14and death to the recipient,
0:41:14 > 0:41:17and he did murder him.
0:41:17 > 0:41:20Call the diet of Her Majesty's advocate
0:41:20 > 0:41:22against William Burton.
0:41:22 > 0:41:26We have no opening speeches in Scottish courts, Mr Burton,
0:41:26 > 0:41:30just in case you were planning on making one at this stage.
0:41:30 > 0:41:32Oh. Really?
0:41:32 > 0:41:37Mr Burton, you know you have been strongly advised against representing yourself.
0:41:37 > 0:41:39It's been made very clear, My Lord.
0:41:39 > 0:41:41Very well.
0:41:41 > 0:41:44Er, can I move my papers to the table?
0:41:44 > 0:41:46No.
0:41:46 > 0:41:49I can't very well run my case from the dock, can I?
0:41:49 > 0:41:53That, Mr Burton, is exactly what you are going to do.
0:41:54 > 0:41:57What are you doing?
0:41:57 > 0:41:59Is this a common allergy? Not really.
0:41:59 > 0:42:04It's an allergy to a particular gastropod. Specifically, limpets.
0:42:04 > 0:42:07He was deathly allergic to limpets?
0:42:07 > 0:42:11More specifically, an active protein known as tropomyosin.
0:42:11 > 0:42:13And where was this allergen?
0:42:13 > 0:42:16How did Mr Foyle come into contact with it?
0:42:16 > 0:42:18Localised swelling at the wound site
0:42:18 > 0:42:22suggest it may have been present on the weapon used to injure him before he died.
0:42:22 > 0:42:25Thank you, Doctor.
0:42:26 > 0:42:28Mr Burton?
0:42:30 > 0:42:32No, thank you, My Lord.
0:42:33 > 0:42:36Mr Burton, you are aware, of course,
0:42:36 > 0:42:39that once you give evidence on your own behalf,
0:42:39 > 0:42:44you are opening yourself up to cross-examination by the Crown?
0:42:44 > 0:42:47Very well aware, My Lord.
0:42:47 > 0:42:49"What now?" "OK, you can take it out.
0:42:49 > 0:42:53"Look at the barrel. Is there a red strip visible on the barrel?
0:42:53 > 0:42:56"That will tell you that the drug went in."
0:42:56 > 0:42:58"Er, hang on. Hang on.
0:42:58 > 0:43:00"I can't see it!"
0:43:00 > 0:43:03"Just above the writing, there's a window."
0:43:03 > 0:43:05"Oh, yes! Yes, yes, yes, it's there!"
0:43:05 > 0:43:07"Is the patient responding?"
0:43:07 > 0:43:09GRUNTING ON TAPE
0:43:09 > 0:43:12"Sir? Sir? Hello? Anybody hear me?"
0:43:12 > 0:43:14INTERFERENCE ON TAPE
0:43:14 > 0:43:16SILENCE ON TAPE
0:43:17 > 0:43:20You appear to be very calm during this interaction.
0:43:20 > 0:43:23Were you? I was trying to be.
0:43:24 > 0:43:26What were you doing in Kielder Forest, Mr Burton?
0:43:26 > 0:43:29I had a job interview in Carlisle.
0:43:29 > 0:43:31The person I spoke to suggested I tour around a bit.
0:43:31 > 0:43:35Do you normally conduct job interviews with a knife?
0:43:35 > 0:43:37I got married with a knife.
0:43:37 > 0:43:41Every Scotsman worth his kilt gets married with a knife.
0:43:41 > 0:43:43You bumped into Mr Foyle by pure chance?
0:43:43 > 0:43:47Yes. I saw him in a pub and I felt compelled to confront him.
0:43:47 > 0:43:50You sought him out to force a confession.
0:43:50 > 0:43:52Isn't that correct?
0:43:52 > 0:43:54Yes.
0:43:54 > 0:43:57Yes? Yes, that's right.
0:43:57 > 0:43:59Double jeopardy law, pertaining to new evidence.
0:43:59 > 0:44:02I believe Mr Burton has answered the question.
0:44:02 > 0:44:05My Lord.
0:44:05 > 0:44:06A confession -
0:44:06 > 0:44:09something that you would've desired very much.
0:44:09 > 0:44:10Yes.
0:44:10 > 0:44:12And yet when he denied you this request,
0:44:12 > 0:44:14you took his life.
0:44:14 > 0:44:19No. You flew into a rage and attacked him with a knife, didn't you?
0:44:19 > 0:44:21When was this, sorry? When you slashed him with the knife,
0:44:21 > 0:44:24as you've said clearly in your statement!
0:44:24 > 0:44:27Oh, yes, before I carried him out of a burning building.
0:44:27 > 0:44:31Mr Burton! Just being clear on chronology.
0:44:31 > 0:44:34Flying close to the sun.
0:44:35 > 0:44:38A gastropod allergy,
0:44:38 > 0:44:42a specific kind of shellfish -
0:44:42 > 0:44:46not exactly easy information to find out.
0:44:46 > 0:44:47No, I'd imagine not.
0:44:47 > 0:44:51Have you ever had cause to access a client's medical records?
0:44:51 > 0:44:54Yes, though only if pertinent to the case.
0:44:54 > 0:44:57In the case of Sandra Mullins,
0:44:57 > 0:45:00you were lead counsel for Mr Foyle's defence. I was.
0:45:00 > 0:45:05Did you ever request any medical information regarding Mr Foyle?
0:45:05 > 0:45:09No. You did not?
0:45:09 > 0:45:11No, I did not access his files.
0:45:11 > 0:45:13I believe his "no" was sufficient.
0:45:13 > 0:45:17My Lord. You cannot prove this, of course.
0:45:17 > 0:45:18He was your client.
0:45:18 > 0:45:22You were intimately acquainted with his information.
0:45:22 > 0:45:23No. Erm...
0:45:23 > 0:45:27Confidential medical files are all digitised and kept securely at the solicitors,
0:45:27 > 0:45:31or, presumably, equally securely at his doctors or hospital.
0:45:31 > 0:45:34Which is a long-winded way of saying no, I did not access his files,
0:45:34 > 0:45:38and, yes, I can prove it.
0:45:46 > 0:45:48TENSE MUSIC
0:45:55 > 0:46:00What Mr Burton is asking of you is very simple, ladies and gentlemen.
0:46:00 > 0:46:03He wants you to believe his little story.
0:46:03 > 0:46:07He wants you to believe that, through an ironic twist of fate,
0:46:07 > 0:46:09this was the wrong knife,
0:46:09 > 0:46:13in the wrong hand, at the wrong time.
0:46:13 > 0:46:16I respectfully submit to you
0:46:16 > 0:46:19that this is pure fabrication.
0:46:19 > 0:46:21This was foreknowledge,
0:46:21 > 0:46:23with malicious intent.
0:46:23 > 0:46:27He will tell you otherwise, but I ask only this question -
0:46:27 > 0:46:29he tells a good story,
0:46:29 > 0:46:33but do we really believe him?
0:46:33 > 0:46:36I'm a lawyer.
0:46:37 > 0:46:42I have lived and believed in the law all my life.
0:46:44 > 0:46:47But until the law happens to you,
0:46:47 > 0:46:50believe me, you don't know which way you're going to go.
0:46:52 > 0:46:55The man I faced in that cabin
0:46:55 > 0:47:00is the man I know, beyond all doubt, murdered my wife.
0:47:02 > 0:47:05I could've done a lot of things to him.
0:47:06 > 0:47:08Instead,
0:47:08 > 0:47:11I saw him suffer and I called an ambulance.
0:47:12 > 0:47:15I removed him from danger.
0:47:16 > 0:47:20I did what any decent human being should do.
0:47:20 > 0:47:23But make no mistake, I did those things
0:47:23 > 0:47:27out of nothing more than a sincere duty to our common decency.
0:47:28 > 0:47:33I did so because that's what's expected when you're a person in the world.
0:47:36 > 0:47:41I risked my life to save the man who took away my heart...
0:47:44 > 0:47:46..my compass,
0:47:46 > 0:47:48my anchor,
0:47:48 > 0:47:50my best friend.
0:47:53 > 0:47:58I faced him down with a knife in my hand, I could've let him burn!
0:47:59 > 0:48:05In the circumstances, I believe I exerted an extraordinary amount of restraint.
0:48:11 > 0:48:13Liam Foyle is dead.
0:48:14 > 0:48:17I rejoice in his passing.
0:48:20 > 0:48:24But you should not convict me of his murder.
0:48:24 > 0:48:26SOMBRE MUSIC
0:48:37 > 0:48:39Will! That's your one.
0:48:39 > 0:48:40Will.
0:48:40 > 0:48:43Oh, hi!
0:48:43 > 0:48:45OK, interesting...
0:48:45 > 0:48:49I wanted to talk to you. I'd hurry up if I were you, you know what juries can be like.
0:48:49 > 0:48:51They can't deliberate forever.
0:48:51 > 0:48:53How are you feeling?
0:48:53 > 0:48:56How am I feeling? When you heard what happened.
0:48:56 > 0:48:58Come on, you weren't just a wee bit relieved?
0:48:58 > 0:49:00I need to talk to you.
0:49:00 > 0:49:04Moral support? Legal advice.
0:49:04 > 0:49:09I've been grappling with a case that's been bothering me, and wondered if you could help.
0:49:11 > 0:49:13Be right back.
0:49:13 > 0:49:15Shoot.
0:49:18 > 0:49:20Something occurred to me the other day...
0:49:20 > 0:49:25If you wanted to break into a safe, the first person you'd call is a locksmith, and, um,
0:49:25 > 0:49:29if you wanted to commit murder and get away with it,
0:49:29 > 0:49:33you might just want to talk to a criminal barrister.
0:49:33 > 0:49:35That's an interesting idea.
0:49:35 > 0:49:39I see enough cases turn on discovery to know that a perfect crime only stays perfect
0:49:39 > 0:49:42if it's done in plain sight, wouldn't you say?
0:49:42 > 0:49:44Could be.
0:49:44 > 0:49:50Everyone would have all the facts and still have no idea how he really did it.
0:49:50 > 0:49:51CLOCK CHIMES
0:49:51 > 0:49:55Step one - he'd find the Achilles heel.
0:49:55 > 0:49:58A deathly allergy, say. A rare one.
0:49:58 > 0:50:00How did this person find out something like that?
0:50:00 > 0:50:02What does a criminal barrister do all day long?
0:50:02 > 0:50:05Chase invoices. Talk to criminals.
0:50:05 > 0:50:08Wouldn't that give him an address book, full of potential contacts?
0:50:08 > 0:50:10For example, on the case that I'm working on,
0:50:10 > 0:50:12the man was seen talking to a known criminal.
0:50:12 > 0:50:17How would the person be sure it was him? The criminal, I mean.
0:50:17 > 0:50:19Presuming it was a he, of course...
0:50:19 > 0:50:23He was well-known to the eyewitness. Yeah, but was it day or night? Was he on foot, in a vehicle?
0:50:23 > 0:50:27Was the observer under any stress at all?
0:50:27 > 0:50:30Step two -
0:50:30 > 0:50:36what if he found a natural-occurring source for the allergen, somewhere innocent and every day?
0:50:36 > 0:50:40If they argue self-defence, they might load up a weapon with that allergen
0:50:40 > 0:50:42to administer the dose.
0:50:42 > 0:50:44I'm with you so far.
0:50:44 > 0:50:49But to put so much weight on one dose of allergen might not be enough, don't you think?
0:50:49 > 0:50:52I wouldn't know the first thing about it.
0:50:52 > 0:50:53Step three -
0:50:53 > 0:50:58these people with allergies of such severity that they cause anaphylaxis,
0:50:58 > 0:51:03they carry these little life-saving pens with them, don't they, called EpiPens?
0:51:03 > 0:51:07Do you think it might be possible to repurpose a pen as a poison pen?
0:51:07 > 0:51:11By replacing the carrier solution with a solution of allergen,
0:51:11 > 0:51:15a person might sabotage the very thing that would save a person's life.
0:51:15 > 0:51:18That sounds diabolical. It does, doesn't it?
0:51:19 > 0:51:23You mentioned a legal question. And if that person called 999,
0:51:23 > 0:51:27and they talked them through administering that pen to the victim,
0:51:27 > 0:51:29it's almost collusion in the crime.
0:51:29 > 0:51:32They'd be walking that person, step by step, through the murder.
0:51:32 > 0:51:37Oh, you mean they'd have a public record of the conversation.
0:51:37 > 0:51:39Yes. Ah, that might fly.
0:51:39 > 0:51:43But I really don't think anyone would seriously attempt it.
0:51:43 > 0:51:45Why not? I think murder's against the law!
0:51:45 > 0:51:47I mean, last time I looked...
0:51:47 > 0:51:49Will... You're drawing a line. A big red one.
0:51:49 > 0:51:53There's a huge difference between knowing where that line is and stepping over it.
0:51:53 > 0:51:55I know I couldn't.
0:51:55 > 0:51:57Why not?
0:51:57 > 0:51:59I'd be scared of getting caught.
0:51:59 > 0:52:03You just said it was the perfect crime. Oh, it is!
0:52:03 > 0:52:06It is.
0:52:08 > 0:52:10Except for three things...
0:52:12 > 0:52:13Three?
0:52:13 > 0:52:15Really?
0:52:17 > 0:52:19One -
0:52:19 > 0:52:21disposing the weapon.
0:52:21 > 0:52:24There'd be two EpiPens, the innocent one and the murder weapon.
0:52:24 > 0:52:28The killer would have to discharge the innocent EpiPen at the locus
0:52:28 > 0:52:33so it looked like he'd done what he talked to the emergency services about.
0:52:33 > 0:52:37Then I imagine he'd have to chuck the poisoned EpiPen into the sharps disposal bags.
0:52:37 > 0:52:42But there's a chance it could be found before being incinerated if the police do a search.
0:52:42 > 0:52:44Ah! Very clever.
0:52:44 > 0:52:48Two - obtaining the pen in the first place.
0:52:48 > 0:52:52He'd have to know someone with a... with a prescription already.
0:52:52 > 0:52:54Hm... Good point.
0:52:54 > 0:52:57Oh, and then there's number three...
0:52:57 > 0:52:59SHE SHUFFLES PAPERS
0:52:59 > 0:53:01"Patient suffered IgE phylum Mollusca allergy,
0:53:01 > 0:53:04"severe bronchospasm and anaphylaxis and..."
0:53:04 > 0:53:09under 'Additional Observations', hidden away in the footnotes,
0:53:09 > 0:53:13"..some local swelling at wound...
0:53:14 > 0:53:16"..and injection site".
0:53:17 > 0:53:21But, you know, they don't test for epinephrine after death,
0:53:21 > 0:53:25so there's no way of knowing if the EpiPen had been used or not,
0:53:25 > 0:53:28except for the puncture wound.
0:53:29 > 0:53:32So my number three is this -
0:53:32 > 0:53:36risk of a follow-up histology on local puncture site.
0:53:37 > 0:53:40You have a very creative mind.
0:53:40 > 0:53:43But would that person be able to sleep soundly,
0:53:43 > 0:53:47knowing that at any moment, there might be another post-mortem
0:53:47 > 0:53:49that identified allergen
0:53:49 > 0:53:51at the EpiPen site?
0:53:59 > 0:54:01Well, I guess that depends...
0:54:01 > 0:54:03On what?
0:54:04 > 0:54:09On whether the body's been cremated...
0:54:09 > 0:54:12EERIE MUSIC
0:54:23 > 0:54:27Can the foreman stand, please?
0:54:27 > 0:54:31Have you reached a verdict? FOREWOMAN: We have.
0:54:32 > 0:54:37In the case of Her Majesty's Advocate against William Burton,
0:54:37 > 0:54:42how do you find the accused on the charge of murder?
0:54:47 > 0:54:49Not proven. SPECTATORS MURMUR
0:54:49 > 0:54:50Yes!
0:54:50 > 0:54:52Silence, please!
0:54:52 > 0:54:56ONE PERSON APPLAUDS Silence, please!
0:54:56 > 0:54:59UPLIFTING MUSIC
0:55:04 > 0:55:08REPORTERS: Mr Burton! Mr Burton! Any comments, Mr Burton?
0:55:08 > 0:55:11Not proven, of course, the third verdict available in Scottish law.
0:55:11 > 0:55:16Effectively an acquittal, but one which suggests a suspicion of guilt...
0:55:16 > 0:55:20Do you think you would've got away with it in an English court of law? Mr Burton!
0:55:20 > 0:55:24MAGGIE: Take care. What have you got to say, Mr Burton?
0:55:24 > 0:55:28REPORTERS CONTINUE TO SHOUT
0:55:28 > 0:55:31Maybe some comment?
0:55:31 > 0:55:34Do you think you'll sleep at night, Mr Burton?
0:55:39 > 0:55:41GENTLE PIANO-LED MUSIC
0:55:46 > 0:55:48OK...
0:55:49 > 0:55:52..hold it down.
0:55:52 > 0:55:54BIRDS CAW WAVES LAP
0:56:35 > 0:56:38Subtitles by Red Bee Media Ltd