1
00:00:00,000 --> 00:00:04,000
I don't like people very much. I'm
just not a very nice person.
2
00:00:04,173 --> 00:00:09,673
The world is broken. You shouldn't
watch scary movies close to bedtime.
We may dislike Mr Foyle.
3
00:00:09,752 --> 00:00:11,752
We do not have to like him
to defend him.
4
00:00:11,793 --> 00:00:14,793
I don't do things for exposure. Why
then? Everyone deserves a defence.
5
00:00:15,737 --> 00:00:20,137
Given the press this case has generated,
Mr Foyle cannot be given a fair trial.
6
00:00:20,140 --> 00:00:23,040
I have no alternative but to
discharge the jury
7
00:00:23,076 --> 00:00:25,176
and release the defendant.
8
00:00:25,194 --> 00:00:27,194
Will, good man. Thank you, my
friend.
9
00:00:28,194 --> 00:00:30,194
Pleasure. Take care.
10
00:00:32,194 --> 00:00:36,194
We'll see you up there. But hurry
up, I want to show you something.
11
00:00:36,770 --> 00:00:38,769
Aaargh!
12
00:00:38,770 --> 00:00:40,769
Kate?! Jamie!
13
00:00:40,770 --> 00:00:42,769
Dad! Jamie!
14
00:00:42,770 --> 00:00:48,470
You're defending him. Everyone
deserves a defence. That's right.
15
00:00:48,475 --> 00:00:50,005
That's right.
16
00:00:55,848 --> 00:01:01,848
Subtitles by MemoryOnSmells
http://UKsubtitles.ru.
17
00:01:40,770 --> 00:01:43,769
Mum! Mum! Dad!
18
00:01:43,770 --> 00:01:50,769
Help! Dad! Dad! No! DAD!!
19
00:01:50,770 --> 00:01:53,769
Dad!! No! All right... All right...
20
00:01:53,770 --> 00:01:56,770
It's all right, all right. It's OK.
21
00:01:57,770 --> 00:02:02,769
It's all right, it's all right. Shh.
Ssshhhh...
22
00:02:02,770 --> 00:02:05,770
Ssshhhh...
23
00:02:07,770 --> 00:02:10,770
Sssshhhh...
24
00:02:16,770 --> 00:02:19,769
Harris? Trevor Harris. Anyone?
25
00:02:19,770 --> 00:02:23,769
Plea and case management
on Will's case.
26
00:02:23,770 --> 00:02:27,769
Whole thing just got moved up. We'll
have to change the dates. Good.
27
00:02:27,770 --> 00:02:29,770
No, not good at all.
28
00:02:30,770 --> 00:02:32,770
We need all the bloody time we can
get.
29
00:02:39,770 --> 00:02:42,769
We're absolutely sure Will's son
didn't see anything.
30
00:02:42,770 --> 00:02:45,769
It's just if we had two witness
statements. I mean,
31
00:02:45,770 --> 00:02:47,769
it would take the weight off the
DNA.
32
00:02:47,770 --> 00:02:49,769
If it comes in. This is where we
are.
33
00:02:49,770 --> 00:02:53,770
This is what we've have to work
with. Blood, ID, alibi.
34
00:02:54,770 --> 00:02:56,770
And God help us, a following wind.
35
00:02:58,770 --> 00:03:01,769
No, that's what I'm trying to explain
to you.
36
00:03:01,770 --> 00:03:03,769
Look, my wife does not wear
aftershave
37
00:03:03,770 --> 00:03:07,769
and I am not the least bit interested
in Peter Rabbit collectibles.
38
00:03:07,770 --> 00:03:13,769
So if you want me to join the dots
for you, someone has stolen my wife's
identity.
39
00:03:13,770 --> 00:03:15,769
Yeah, well, that's not going to
happen, is it?
40
00:03:15,770 --> 00:03:18,769
Well, you can't talk to her.
41
00:03:18,770 --> 00:03:20,769
Yeah, I already identified her.
42
00:03:20,770 --> 00:03:22,770
I walked into the mortuary and kissed
her face.
43
00:03:23,770 --> 00:03:25,770
Yeah.
44
00:03:32,770 --> 00:03:34,770
Did I scare you?
45
00:03:35,770 --> 00:03:37,770
I'm sorry.
46
00:03:43,770 --> 00:03:46,770
I wish things could be different,
but they're not.
47
00:03:49,770 --> 00:03:52,769
Look, if you ever want to tell me
something, anything,
48
00:03:52,770 --> 00:03:55,769
about what happened, I'll be here.
OK?
49
00:03:55,770 --> 00:03:57,770
Just come right out and say it.
50
00:03:58,770 --> 00:04:00,769
I'll be listening.
51
00:04:00,770 --> 00:04:03,770
Yeah?
52
00:04:21,770 --> 00:04:24,769
When it rains, what happens to all
the little animals?
53
00:04:24,770 --> 00:04:26,769
Do they drown, do you think?
Mr Foyle.
54
00:04:26,770 --> 00:04:28,769
I used to love it when it rained.
55
00:04:28,770 --> 00:04:31,769
But now I get so sad when it's wet
out cos all I can think about is
56
00:04:31,770 --> 00:04:35,769
all these little bodies clawing and
squeaking at the earth and the mud
57
00:04:35,770 --> 00:04:37,770
and the water and drowning in the
dark.
58
00:04:38,770 --> 00:04:41,770
It's a shame the plants have to
drink. I know they do,
59
00:04:42,770 --> 00:04:44,769
but it's a shame. I get so sad when
it's wet.
60
00:04:44,770 --> 00:04:47,769
Especially after the summer we had.
61
00:04:47,770 --> 00:04:51,769
Mr Foyle, we need to be sure that you
understand your plea.
62
00:04:51,770 --> 00:04:54,769
Is there any evidence that puts me
at the cottage?
63
00:04:54,770 --> 00:04:58,769
You were charged on the basis of
one eyewitness identification.
64
00:04:58,770 --> 00:05:03,770
One. Yes, one. The son hasn't made
a statement. Not yet.
65
00:05:04,770 --> 00:05:05,769
Yet.
66
00:05:05,770 --> 00:05:08,769
You think he saw something?
67
00:05:08,770 --> 00:05:11,770
There's only one witness. That's
what we're dealing with.
68
00:05:12,770 --> 00:05:13,769
What's that?
69
00:05:13,770 --> 00:05:16,769
Tea.
70
00:05:16,770 --> 00:05:18,770
What kind of tea? My tea.
71
00:05:19,770 --> 00:05:23,769
We also need to talk about your
alibi, Ms Morris.
72
00:05:23,770 --> 00:05:28,769
We go into considerable detail in
our defence statement about our
whereabouts that evening
73
00:05:28,770 --> 00:05:30,769
and we are confident she will
support this.
74
00:05:30,770 --> 00:05:34,770
Then why do we need to discuss this?
Because we need to discuss this.
75
00:05:36,770 --> 00:05:40,770
Mr Burton is the only witness in
this whole case.
76
00:05:41,770 --> 00:05:44,769
So he can't act for himself.
77
00:05:44,770 --> 00:05:48,769
You're well-versed in criminal
procedure. I did a law course.
78
00:05:48,770 --> 00:05:51,770
Oh, really, where was that?
Cambridge.
79
00:05:52,770 --> 00:05:54,769
Anglia Polytechnic University.
80
00:05:54,770 --> 00:05:58,770
We probably cycled past one another
on Silver Street.
81
00:06:01,770 --> 00:06:04,769
It's a small world. Indeed.
82
00:06:04,770 --> 00:06:07,769
Yes, you're right, Mr Burton will
not be in court.
83
00:06:07,770 --> 00:06:10,769
As he's a witness, he cannot act for
the Crown in any way.
84
00:06:10,770 --> 00:06:14,769
It's just that, you know, he kept
beating you, is all.
85
00:06:14,770 --> 00:06:16,770
He's not allowed to be there.
86
00:06:19,770 --> 00:06:21,770
So he just has to watch.
87
00:06:22,770 --> 00:06:24,770
I suppose so.
88
00:06:26,770 --> 00:06:29,770
Besides, it was very dark.
89
00:06:33,770 --> 00:06:35,770
Indeed.
90
00:06:39,770 --> 00:06:41,770
Shame about all those animals,
91
00:06:42,770 --> 00:06:44,770
isn't it?
92
00:06:49,770 --> 00:06:51,770
You have qualms.
93
00:06:53,770 --> 00:06:57,769
I beg your pardon? It's your first
big defence. You're working late.
94
00:06:57,770 --> 00:06:59,769
You have qualms. He lost his wife.
95
00:06:59,770 --> 00:07:02,769
If the tables were turned, he would
not hesitate.
96
00:07:02,770 --> 00:07:04,770
This is how it works.
97
00:07:05,770 --> 00:07:07,769
I just know that if I was Will...
98
00:07:07,770 --> 00:07:10,770
Ah. But you're not him, are you?
99
00:07:12,770 --> 00:07:14,770
Not yet, anyway.
100
00:07:42,770 --> 00:07:48,769
All right? I've probably only got
about five minutes. It's a bit of a
crazy morning. How's it looking?
101
00:07:48,770 --> 00:07:51,769
Every time I pass the conference
room there's a huge queue of people
102
00:07:51,770 --> 00:07:55,769
knocking on the door.
Everyone wants to help, mate.
103
00:07:55,770 --> 00:07:57,770
Who's leading? Mr Mayfield.
104
00:07:59,770 --> 00:08:02,770
Mr Harris is his junior. Everyone
else was busy.
105
00:08:04,770 --> 00:08:06,770
Any idea what they are running with?
106
00:08:08,770 --> 00:08:10,770
You don't have to say a thing if you
don't want to.
107
00:08:12,770 --> 00:08:16,769
Forensics found a size 12 boot
print in the garden.
108
00:08:16,770 --> 00:08:19,769
But all Foyle's footwear is a size
nine. No match on the tread.
109
00:08:19,770 --> 00:08:23,769
So as far as I can tell they are all
waiting for the forensics' report.
110
00:08:23,770 --> 00:08:27,770
The crime scene blood. Plus, your ID
of him.
111
00:08:29,770 --> 00:08:32,770
And? I think that's it.
112
00:08:35,770 --> 00:08:41,769
What about his alibi? His neighbour
said she had dinner with him. They
are looking into possible angles.
113
00:08:41,770 --> 00:08:43,770
What's this woman's name? Eileen
Morris.
114
00:08:44,770 --> 00:08:47,769
Say that again.
115
00:08:47,770 --> 00:08:50,770
Eileen Morris, right? Did a little
rooting around in the old case file.
116
00:08:53,770 --> 00:08:55,769
This is all I could come up with.
117
00:08:55,770 --> 00:08:57,770
He's a bird fancier, if you
remember.
118
00:08:58,770 --> 00:09:01,769
See who's presenting him with that
trophy?
119
00:09:01,770 --> 00:09:05,769
"Parish Council Events Committee
Co-Chair Eileen Morris."
120
00:09:05,770 --> 00:09:07,770
That's all I've got for you I'm
afraid.
121
00:09:08,770 --> 00:09:12,769
There was something else. I'm sure
I've seen her name somewhere else.
122
00:09:12,770 --> 00:09:14,769
Thanks, Bob.
123
00:09:14,770 --> 00:09:17,770
You're welcome.
124
00:10:30,770 --> 00:10:33,769
Foyle's alibi might not be as solid
as they're making out.
125
00:10:33,770 --> 00:10:35,770
How do you know that?
126
00:10:39,770 --> 00:10:41,769
Doesn't seem fair.
127
00:10:41,770 --> 00:10:43,769
Biggest legal brain in the building,
128
00:10:43,770 --> 00:10:46,769
can't even talk to them about your
own bloody case.
129
00:10:46,770 --> 00:10:48,769
No, I can't.
130
00:10:48,770 --> 00:10:50,769
Not directly.
131
00:10:50,770 --> 00:10:53,769
It's not like I am defending him
anymore, is it?
132
00:10:53,770 --> 00:10:56,769
Do you have any idea where the Sandra
Mullins case files are?
133
00:10:56,770 --> 00:11:00,770
I think so, yeah. Big box. Stubbed
my toe on it last week.
134
00:11:02,770 --> 00:11:05,770
Do you think it might be near my
office?
135
00:11:08,770 --> 00:11:11,770
I think it could be.
136
00:11:47,770 --> 00:11:49,769
Mr Harris!
137
00:11:49,770 --> 00:11:53,769
Did you see the Collingwood arson
brief? The private one?
138
00:11:53,770 --> 00:11:56,769
Yes, I caught sight of it as it flew
past me at high velocity
139
00:11:56,770 --> 00:12:00,769
on its way to one of the silks. Why
don't you take a page out of Tara's book?
140
00:12:00,770 --> 00:12:03,769
My nose is brown enough already,
thank you.
141
00:12:03,770 --> 00:12:09,769
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?
142
00:12:09,770 --> 00:12:13,769
You heading over? Foyle's making his
plea. Right.
143
00:12:13,770 --> 00:12:17,769
So it's started. How's it looking,
do you think? No sign of DNA at the scene,
144
00:12:17,770 --> 00:12:21,769
single eyewitness, recognition under
duress. Not a lot of wiggle room.
145
00:12:21,770 --> 00:12:24,769
Will's boy was there - but if he had
seen something, well,
146
00:12:24,770 --> 00:12:27,770
he would have said something,
wouldn't he?
147
00:12:29,770 --> 00:12:31,769
Mr Harris.
148
00:12:31,770 --> 00:12:33,769
Don't. No, I've been thinking. Well,
stop.
149
00:12:33,770 --> 00:12:35,770
I mean it.
150
00:12:48,770 --> 00:12:50,770
Time to go.
151
00:13:02,770 --> 00:13:04,770
Hi, Jamie, welcome back.
152
00:13:05,770 --> 00:13:09,770
Are you OK? See you. Are you all
right? All right.
153
00:13:32,770 --> 00:13:36,769
Liam Michael Foyle, you are charged
on this indictment
154
00:13:36,770 --> 00:13:40,769
with one count of murder. How do you
plead? Not guilty.
155
00:13:40,770 --> 00:13:45,769
My Lord, given the lack of evidence
at this time we are serving a bail
application notice.
156
00:13:45,770 --> 00:13:48,769
First I've heard of it. It was served
in good time.
157
00:13:48,770 --> 00:13:50,769
I thought I gave it to you. Well, I
read it.
158
00:13:50,770 --> 00:13:54,769
Bail granted, subject to conditions
as per application.
159
00:13:54,770 --> 00:13:57,769
Thank you. Also, I've spoken to the
List Officer who's informed me
160
00:13:57,770 --> 00:14:01,769
a slot is available for a week-long
case on the 31st. Very well. Wait.
161
00:14:01,770 --> 00:14:07,769
That's only a few weeks away. It
hardly gives us any time to prepare
the evidence? What evidence?
162
00:14:07,770 --> 00:14:09,769
Mr Foyle, you may leave the dock.
163
00:14:09,770 --> 00:14:11,770
All rise.
164
00:14:36,770 --> 00:14:39,770
Never said thank you. Oh, you're
welcome.
165
00:14:44,770 --> 00:14:46,770
See you soon. Yes.
166
00:15:21,770 --> 00:15:23,770
You're in a lot of trouble.
167
00:15:24,770 --> 00:15:26,769
I made you some crumble.
168
00:15:26,770 --> 00:15:30,769
I must have left my cage open cos
a little birdie just bailed me out.
169
00:15:30,770 --> 00:15:33,769
You shouldn't have done that,
Eileen, really.
170
00:15:33,770 --> 00:15:35,769
It takes half an hour.
171
00:15:35,770 --> 00:15:39,770
That's not what I am talking about.
Oh, please. I was happy to pay.
172
00:15:41,770 --> 00:15:43,770
Welcome home.
173
00:15:45,770 --> 00:15:49,769
Apple or plum? Rhubarb. It's in
the fridge at the parish council,
174
00:15:49,770 --> 00:15:52,770
waiting for you. It won't be there
too long, I promise.
175
00:15:56,770 --> 00:15:58,769
Lots to be getting on with. Oh,
sure.
176
00:15:58,770 --> 00:16:01,770
I fed them every day, just like you
asked. Good.
177
00:16:29,770 --> 00:16:31,770
Everybody's hungry.
178
00:16:48,770 --> 00:16:50,769
All right, let's run it again, shall
we?
179
00:16:50,770 --> 00:16:54,769
Post mortem indicates Kate was
strangled before he cut into her.
180
00:16:54,770 --> 00:16:57,769
The knife entered... Any update on
the footprints?
181
00:16:57,770 --> 00:17:00,769
Locus is littered with them, all the
wrong size.
182
00:17:00,770 --> 00:17:06,769
After that, the blade passed through
the trachea... You don't "pass
through" the trachea.
183
00:17:06,770 --> 00:17:09,769
It's a sawing motion. The core
strength of a fast bowler.
184
00:17:09,770 --> 00:17:11,769
Gavin! One hell of a blood spatter.
185
00:17:11,770 --> 00:17:13,770
Will's here.
186
00:17:17,770 --> 00:17:19,769
How the hell did this happen? The
usual way.
187
00:17:19,770 --> 00:17:23,769
What? He came in the front door.
Close the bloody folder, will you?
188
00:17:23,770 --> 00:17:25,769
There's pictures of his wife!
189
00:17:25,770 --> 00:17:28,769
Call ahead if you're going to just
turn up. I work here, too.
190
00:17:28,770 --> 00:17:34,769
Everyone's behind you, but get
caught trying to influence the case,
you're jeopardising the enterprise.
191
00:17:34,770 --> 00:17:38,769
You're the only witness. So hands
off. Protocol doesn't just need to
be followed,
192
00:17:38,770 --> 00:17:41,769
it needs to be seen to be followed.
I know. I actually studied law.
193
00:17:41,770 --> 00:17:46,769
We'd prefer it if you didn't even
come into chambers. If I have to
stay home one more day,
194
00:17:46,770 --> 00:17:48,770
I swear I'm going to kill somebody.
195
00:17:50,770 --> 00:17:51,770
I need to work. Please?
196
00:17:55,770 --> 00:17:57,769
It was today, wasn't it? The plea?
197
00:17:57,770 --> 00:18:00,770
They didn't call you? They should've
called you.
198
00:18:01,770 --> 00:18:04,770
Talk to me! Not guilty.
199
00:18:06,770 --> 00:18:08,770
Remanded where? The Scrubs?
200
00:18:09,770 --> 00:18:11,769
Actually he got bail.
201
00:18:11,770 --> 00:18:13,769
Already in custody, low risk of
absconding.
202
00:18:13,770 --> 00:18:16,769
It's conditional. When was this?
This morning. Ohh!
203
00:18:16,770 --> 00:18:21,770
You should really be doing this
through the... proper channels.
204
00:18:27,770 --> 00:18:31,769
Lend us chewing gum. Yeah.
Did you hear about Dr Foster? Yeah.
205
00:18:31,770 --> 00:18:33,770
Dr Foster.
206
00:18:43,770 --> 00:18:46,769
It's Will Burton, Jamie's Dad. Tell
him I'll be there to pick him up?
207
00:18:46,770 --> 00:18:50,769
"He left with Alfie, they said they
were getting the bus together."
208
00:18:50,770 --> 00:18:52,770
All right, thanks.
209
00:19:22,770 --> 00:19:25,770
Connor, have you seen Jamie? No. OK.
No, I haven't.
210
00:19:43,770 --> 00:19:48,769
Mum, anything? Is he here? They said
he'd already left.
211
00:19:48,770 --> 00:19:50,770
Why didn't you call me?!
212
00:20:04,770 --> 00:20:09,770
Hi, Pat, is Jamie there? I was
wondering if he came home with Alfie?
Have you tried the library?
213
00:20:12,770 --> 00:20:16,769
Is that a new phone? I got it
recently.
214
00:20:16,770 --> 00:20:18,770
Listen to this.
215
00:20:22,770 --> 00:20:26,770
Yeah, I heard it on the radio
yesterday.
216
00:20:27,770 --> 00:20:29,770
Ah, it's my stop. See you. See you
at school.
217
00:20:53,770 --> 00:20:55,770
Did he get off at Alfie's stop?
218
00:20:56,770 --> 00:20:58,769
OK. All right.
219
00:20:58,770 --> 00:21:00,769
No, don't worry. Don't worry. Thanks.
220
00:21:00,770 --> 00:21:03,769
That's it, I'm calling the police.
221
00:21:03,770 --> 00:21:05,770
Jamie?!
222
00:21:06,770 --> 00:21:10,769
Where have you been?! We went to the
shop. Did you talk to anyone? No.
223
00:21:10,770 --> 00:21:16,769
Promise me you'll not talk to anyone
you don't know, OK? Not on the
street, the playground, not anywhere.
224
00:21:16,770 --> 00:21:21,769
I'm picking you up from school from
now on. OK? Every single day. OK?
225
00:21:21,770 --> 00:21:23,770
Dad! Just give me a minute.
226
00:21:40,770 --> 00:21:44,769
The sea lions of Moscow are horny
this time of year. Up yours.
227
00:21:44,770 --> 00:21:46,769
Oh, relax.
228
00:21:46,770 --> 00:21:49,769
Right, come on. Let's go upstairs.
Why?
229
00:21:49,770 --> 00:21:51,769
Come on, boy.
230
00:21:51,770 --> 00:21:53,770
Come on.
231
00:21:59,770 --> 00:22:03,769
Couldn't meet in a park? It's the
best place to hide, in a crowd.
232
00:22:03,770 --> 00:22:05,769
In plain sight. Plain stupid.
233
00:22:05,770 --> 00:22:08,770
We're just chatting. Two blokes
having a chat.
234
00:22:09,770 --> 00:22:12,769
What do you want to do?
235
00:22:12,770 --> 00:22:14,769
Let's talk football.
236
00:22:14,770 --> 00:22:17,769
I used to love our team. I still
love our team.
237
00:22:17,770 --> 00:22:21,769
D'you know what I think the problem
is? We're missing our star striker.
238
00:22:21,770 --> 00:22:24,769
No way can he can play. It's against
the rules.
239
00:22:24,770 --> 00:22:27,769
He can hardly score goals from the
bench. He can't even watch the
match.
240
00:22:27,770 --> 00:22:30,769
He's forbidden from watching the
match. Absolutely.
241
00:22:30,770 --> 00:22:33,769
So I am thinking that, from time to
time,
242
00:22:33,770 --> 00:22:37,769
maybe I could get someone to talk to
you about our attacking game. Danny.
243
00:22:37,770 --> 00:22:41,769
The door's over there if you're
feeling uncomfortable. I say a door.
244
00:22:41,770 --> 00:22:46,769
You need a better goalmouth strategy.
Christ, don't do that. What's the
matter?
245
00:22:46,770 --> 00:22:50,769
What's the matter? What's the
matter? Trevor. Hi. What's the matter?
246
00:22:50,770 --> 00:22:54,769
You do know what it is you're
doing, what we're doing, don't you?
247
00:22:54,770 --> 00:22:57,769
What is it we're doing exactly?
We're talking. About football.
248
00:22:57,770 --> 00:23:01,769
Here we are, men talking about
football. Nothing wrong with that.
249
00:23:01,770 --> 00:23:04,769
Except when footballers talk about
football before a match
250
00:23:04,770 --> 00:23:07,769
they don't lose their jobs. I know
this is a big ask.
251
00:23:07,770 --> 00:23:10,769
I appreciate you must have been
hoping that Mayfield would pick
252
00:23:10,770 --> 00:23:15,769
someone else, someone more suited,
perhaps, to something like this,
253
00:23:15,770 --> 00:23:20,769
but the fact is, everyone else was
gainfully employed and, well,
254
00:23:20,770 --> 00:23:22,769
I'm just sorry it had to be me.
255
00:23:22,770 --> 00:23:27,770
You're the hardest-working barrister
in the set. Well, I...
256
00:23:28,770 --> 00:23:30,769
Thank you. All the same,
257
00:23:30,770 --> 00:23:33,769
I need to think about it. Foyle had
a storage unit.
258
00:23:33,770 --> 00:23:36,769
He told us about it during the Sandra
Mullins trial.
259
00:23:36,770 --> 00:23:39,769
He cleared it out six months before
the murder.
260
00:23:39,770 --> 00:23:43,769
It played no further part in the
proceedings. Someone took it on after
him. Eileen Morris.
261
00:23:43,770 --> 00:23:48,769
If something's not turning up it just
might mean you need to look for it
somewhere else.
262
00:23:48,770 --> 00:23:50,770
Probatio vincit praesumptionem.
263
00:23:55,770 --> 00:23:59,769
Thanks for the drink. You're
welcome. That's for you, by the way.
264
00:23:59,770 --> 00:24:02,769
What's that? Colinwood brief.
Mr Spencer's off on holiday.
265
00:24:02,770 --> 00:24:05,770
Where's he going? I haven't decided
yet.
266
00:24:46,770 --> 00:24:49,770
I need to ask you something.
267
00:24:50,770 --> 00:24:54,770
In the cottage, you didn't actually
see that man, did you?
268
00:25:00,770 --> 00:25:03,770
It was dark.
269
00:25:05,770 --> 00:25:07,770
Sorry, I shouldn't have asked.
270
00:25:35,770 --> 00:25:37,770
"Yeah! Whoo!"
271
00:26:15,770 --> 00:26:17,770
What? "Am I disturbing you?"
272
00:26:18,770 --> 00:26:21,769
What do you want, Peter? "Can you
spare an hour tonight?"
273
00:26:21,770 --> 00:26:24,770
It's late. "You didn't answer the
question."
274
00:26:25,770 --> 00:26:30,769
Tonight's a bit difficult. Difficult
for all of us, my dear.
275
00:26:30,770 --> 00:26:32,769
Foyle is our client. He's called a
meeting.
276
00:26:32,770 --> 00:26:34,770
"We have a duty to listen."
277
00:26:36,770 --> 00:26:40,770
"He sounds very interested." Yeah.
"Says he's remembered something."
278
00:26:41,770 --> 00:26:43,770
I said yes.
279
00:26:56,770 --> 00:26:58,770
Straight to voicemail.
280
00:27:00,770 --> 00:27:02,770
Send a clerk round. Where? Harrods.
281
00:27:04,770 --> 00:27:06,770
His house. To his house.
282
00:27:07,770 --> 00:27:09,769
We can't do that.
283
00:27:09,770 --> 00:27:11,770
I'm not staying here all night.
284
00:27:18,770 --> 00:27:24,769
"Hi, it's Kate. I'm not here right
now, but leave a message. Bye."
285
00:27:24,770 --> 00:27:29,770
"Hi, it's Kate. I'm not here right
now, but leave a message. Bye!"
286
00:27:32,770 --> 00:27:37,770
"Hi, it's Kate. I'm not here right
now, but leave a message. Bye!"
287
00:27:38,770 --> 00:27:44,770
"Hi, it's Kate. I'm not here right
now, but leave a message. Bye!"
288
00:28:04,770 --> 00:28:07,770
It's all right. No! It's me, it's me,
it's me.
289
00:28:09,770 --> 00:28:12,769
Jesus. You were half a second away
from an eye patch.
290
00:28:12,770 --> 00:28:17,769
Foyle murdered Sandra Mullins. You
need to know that. You said otherwise
in court.
291
00:28:17,770 --> 00:28:21,769
I see things differently now. If you
had reservations you should have
acted on those.
292
00:28:21,770 --> 00:28:26,769
He claimed his innocence and I spoke
for him. I lawyered him out of it,
that's all.
293
00:28:26,770 --> 00:28:30,769
But I know he killed her. He is a
murderer, there is no doubt. We
differ on this point.
294
00:28:30,770 --> 00:28:35,769
I mean it. You need to be careful.
You can't stand seeing me do well,
can you?
295
00:28:35,770 --> 00:28:38,769
This is good for me. Good for you?
296
00:28:38,770 --> 00:28:42,770
I am truly sorry for what happened
to you, but this is a job.
297
00:28:43,770 --> 00:28:46,770
Work is work. That's it. Foyle
murdered Kate.
298
00:28:47,770 --> 00:28:50,769
You let that man in, you are risking
everything.
299
00:28:50,770 --> 00:28:52,770
Don't make the same mistake.
300
00:28:53,770 --> 00:28:56,770
Goodnight, Will. I mean it. Don't be
alone.
301
00:29:13,770 --> 00:29:15,770
Did your... Did your friend find
you?
302
00:29:16,770 --> 00:29:18,770
Friend? Yeah, he rang your doorbell.
303
00:29:19,770 --> 00:29:23,770
What makes you think it was my
friend? He put your bin bag out.
304
00:30:34,770 --> 00:30:36,769
She...
305
00:30:36,770 --> 00:30:40,769
King makes the travel arrangements -
Blood was all Kate's.
306
00:30:40,770 --> 00:30:44,769
No DNA match to Foyle whatsoever.
What does that leave exactly?
307
00:30:44,770 --> 00:30:47,769
Will's ID of Foyle in the locus,
going for this alibi,
308
00:30:47,770 --> 00:30:50,769
and that's it. Does that even get you
through the door?
309
00:30:50,770 --> 00:30:54,769
All the same we need to collate some
skeleton arguments on how to beat
310
00:30:54,770 --> 00:30:59,769
a Turnbull Direction should it come
to it. That's like arguing with a
tube train in a tunnel.
311
00:30:59,770 --> 00:31:02,769
I don't see they have much choice.
No, well, quite.
312
00:31:02,770 --> 00:31:06,769
Yes, thank you for all your help.
We said we'd be there for him.
313
00:31:06,770 --> 00:31:08,769
Yes, well we will be. How, exactly?
314
00:31:08,770 --> 00:31:11,769
I think we've missed a trick. I've
been digging in the old files.
315
00:31:11,770 --> 00:31:13,769
There was a storage unit.
316
00:31:13,770 --> 00:31:15,769
Foyle had one before the Sandra
Mullins murder.
317
00:31:15,770 --> 00:31:20,769
It didn't make it into the evidence
because he'd emptied it six months before.
318
00:31:20,770 --> 00:31:23,770
It was passed on to somebody else.
Want to guess who?
319
00:31:26,770 --> 00:31:29,770
She's his alibi. She cooked him
dinner at her home.
320
00:31:31,770 --> 00:31:33,769
OK...
321
00:31:33,770 --> 00:31:37,770
You're sure she was paying for this?
Direct debit ever since.
322
00:31:39,770 --> 00:31:43,769
If we're drawing a blank on the link to
the locus it doesn't mean there isn't one,
323
00:31:43,770 --> 00:31:46,769
it might just mean we're looking in
the wrong place.
324
00:31:46,770 --> 00:31:48,769
Probatio vincit praesumptionem.
325
00:31:48,770 --> 00:31:53,769
Get a call into the OIC for me, will
you? We need a warrant in motion.
326
00:31:53,770 --> 00:31:56,770
In the meantime, let's revisit all we
know about Eileen Murray.
327
00:31:57,770 --> 00:31:59,770
The IOC for you.
328
00:32:06,770 --> 00:32:10,770
It's like he's finally worked out
how to switch on his brain.
329
00:32:23,770 --> 00:32:27,770
What is it? They called me again,
about my statement.
330
00:32:29,770 --> 00:32:31,769
I thought you gave one?
331
00:32:31,770 --> 00:32:33,770
They asked me to clarify it. Again.
332
00:32:35,770 --> 00:32:39,770
And what did you say? Well, I told
them the truth.
333
00:32:40,770 --> 00:32:43,770
I told them all about our evening.
334
00:32:45,770 --> 00:32:47,770
Well, there are you, then.
335
00:32:49,770 --> 00:32:52,770
But why did they need to check up on
me like that? I don't know.
336
00:32:53,770 --> 00:32:56,770
But there's nothing more to worry
about,... is there?
337
00:32:58,770 --> 00:33:00,770
No, I suppose there's not.
338
00:33:03,770 --> 00:33:05,770
You look freezing.
339
00:33:07,770 --> 00:33:10,769
Why don't you come in for a minute?
340
00:33:10,770 --> 00:33:13,770
Oh, I just have to pop home first.
Now, if that's OK.
341
00:33:15,770 --> 00:33:18,770
OK. OK.
342
00:33:45,770 --> 00:33:47,770
You know anything about kettles?
343
00:33:58,770 --> 00:34:00,770
Oh, it's switched off at the wall.
Oh.
344
00:34:07,770 --> 00:34:10,770
These people, these lawyers,
345
00:34:13,770 --> 00:34:15,769
they don't see you.
346
00:34:15,770 --> 00:34:18,769
Did you know that? Uh-uh.
347
00:34:18,770 --> 00:34:23,769
They don't have an ounce of mercy
in them. And I'll be honest, Eileen.
348
00:34:23,770 --> 00:34:25,770
They can be very manipulative.
349
00:34:27,770 --> 00:34:31,770
Eileen, I want to protect you as
best as I can, I really do,
350
00:34:33,770 --> 00:34:35,769
but...
351
00:34:35,770 --> 00:34:38,770
I need you to be a little more
sure of yourself.
352
00:34:42,770 --> 00:34:44,770
Sure? Of yourself.
353
00:34:45,770 --> 00:34:47,770
Yeah, I think I can do that, yes.
354
00:34:48,770 --> 00:34:52,770
You be you... and I'll be them.
355
00:34:55,770 --> 00:35:00,769
Miss Morris, can you tell the court
where you were
356
00:35:00,770 --> 00:35:02,770
on the evening of the 3rd of
December?
357
00:35:04,770 --> 00:35:06,769
I was at home.
358
00:35:06,770 --> 00:35:09,769
And what did you have to eat?
359
00:35:09,770 --> 00:35:11,770
Spaghetti carbonara. Wrong.
360
00:35:13,770 --> 00:35:15,770
Er... Con funghi. Wrong.
361
00:35:18,770 --> 00:35:22,770
No, it's not.
No, it's not.
362
00:35:23,770 --> 00:35:25,769
Er... I don't... I don't understand.
363
00:35:25,770 --> 00:35:28,770
Have courage in your conviction.
364
00:35:29,770 --> 00:35:31,770
Don't let them rattle you.
365
00:35:34,770 --> 00:35:35,770
What did you have to eat?
366
00:35:37,770 --> 00:35:40,769
Spaghetti con... fu... um...
367
00:35:40,770 --> 00:35:43,770
I'm all confused now. Are you,
Eileen? Are you confused?
368
00:35:44,770 --> 00:35:47,769
Confused doesn't help us.
369
00:35:47,770 --> 00:35:49,770
Confused makes everything go away.
370
00:35:54,770 --> 00:35:56,770
Am I hurting you?
371
00:35:58,770 --> 00:36:00,770
Yes.
372
00:36:01,770 --> 00:36:05,770
Am... I... hurting... you?
373
00:36:19,770 --> 00:36:21,770
And what did you make for dinner
that night?
374
00:36:24,770 --> 00:36:28,770
S... Spaghetti Carbonara...
375
00:36:35,770 --> 00:36:37,770
Cup of tea?
376
00:36:46,770 --> 00:36:49,770
Gavin, can I ask your expert opinion
on something.
377
00:36:51,770 --> 00:36:55,769
Yes, of course. A barrister can't
coach a witness, correct?
378
00:36:55,770 --> 00:36:58,769
Gross misconduct. He'd be out in a
flash.
379
00:36:58,770 --> 00:37:01,770
What about a witness coaching a
barrister?
380
00:37:03,770 --> 00:37:05,769
I have a friend who is displaying
381
00:37:05,770 --> 00:37:09,770
a sudden and surprising burst of
talent.
382
00:37:10,770 --> 00:37:12,770
I think he's getting help.
383
00:37:13,770 --> 00:37:16,769
Well, he's not just risking his own
neck.
384
00:37:16,770 --> 00:37:20,769
He's risking his case, his client,
and the reputation of his Chambers.
385
00:37:20,770 --> 00:37:23,769
So, for the sake of your chum,
386
00:37:23,770 --> 00:37:25,770
I suggest you find out what's going
on.
387
00:37:27,770 --> 00:37:29,770
Thank you.
388
00:37:40,770 --> 00:37:43,770
Did you need to go in the other one?
They're both mine.
389
00:37:45,770 --> 00:37:49,770
Yes, we will. Well, it's a bit of a,
sorry, a bit of a squeeze.
390
00:37:51,770 --> 00:37:53,770
Cos this one's mine as well, so...
391
00:38:23,770 --> 00:38:27,769
They found a size 12 boot in the
storage unit. It's a strong candidate
392
00:38:27,770 --> 00:38:32,769
to match a tread in the locus.
Foyle's a size nine. Doesn't stop him
wearing a bigger boot.
393
00:38:32,770 --> 00:38:36,769
Forget the alibi, focus on the boot.
Get her on stand and make the connection.
394
00:38:36,770 --> 00:38:40,770
But if we call her as our witness we can't
cross examine her on the alibi, can we?
395
00:38:46,770 --> 00:38:51,769
Her alibi's based on good
character. It's a hard sell to
undermine her. Show in court
396
00:38:51,770 --> 00:38:56,769
they have an undisclosed connection
through the storage unit, her
credibility's undermined.
397
00:38:56,770 --> 00:38:59,769
You may not have to do that if you
prove this boot was at the scene.
398
00:38:59,770 --> 00:39:04,769
A big choice. It's bite the bullet
time. That's the way you should go.
Tara's here. Walk away.
399
00:39:04,770 --> 00:39:07,769
Walk away. Prove the link, undermine
her. Double bubble.
400
00:39:07,770 --> 00:39:10,770
Oh, and make sure that warrant was
kosher.
401
00:39:24,770 --> 00:39:28,769
Trev! Looking a little bit lost
there. Tara. Hi.
402
00:39:28,770 --> 00:39:32,770
What are you doing here? Is Danny
around? Why, have you seen him? Huh!
403
00:39:58,770 --> 00:40:01,770
How bad? "She saw Harris. And she may
have seen you too."
404
00:40:03,770 --> 00:40:06,769
So we're burned. We're done. "So what
happens now?"
405
00:40:06,770 --> 00:40:08,770
We cross our bloody fingers.
406
00:40:26,770 --> 00:40:28,770
I'm very sorry.
407
00:40:35,770 --> 00:40:37,770
I crossed a line. Yes, you did.
408
00:40:41,770 --> 00:40:43,770
I've been so stressed about
everything.
409
00:40:44,770 --> 00:40:46,770
I'm sure you are.
410
00:41:00,770 --> 00:41:02,770
See you later.
411
00:41:26,770 --> 00:41:28,770
It's the first day of trial today.
412
00:41:30,770 --> 00:41:32,769
They'll be arguing about evidence.
413
00:41:32,770 --> 00:41:34,770
Jury's not in yet. You remember the
drill.
414
00:41:39,770 --> 00:41:42,769
Probably going to take Jamie up to
the cottage this weekend,
415
00:41:42,770 --> 00:41:46,770
go through your stuff. It's time. It
might be good for him, you know?
416
00:41:49,770 --> 00:41:54,770
You were always better at that sort of
stuff than me, but we'll see how it goes.
417
00:41:57,770 --> 00:41:59,770
That way it's done before I have to
take the stand.
418
00:42:05,770 --> 00:42:08,770
Everyone's done what they can.
Everyone's been great.
419
00:42:10,770 --> 00:42:12,770
A lot of people really love you.
420
00:42:18,770 --> 00:42:20,770
We'll do our best, OK?
421
00:42:23,770 --> 00:42:25,770
I promise.
422
00:42:44,770 --> 00:42:47,769
Relax. So they found a boot. Big
deal.
423
00:42:47,770 --> 00:42:51,770
It's not DNA. We stick with what we
agreed. Finalise the evidence.
424
00:42:53,770 --> 00:42:57,769
Eileen will come through for us,...
Mr Foyle?
425
00:42:57,770 --> 00:43:00,769
We had dinner together. She'll
confirm that under oath.
426
00:43:00,770 --> 00:43:05,769
So the boot's not a problem? Not
from where I'm sitting.
427
00:43:05,770 --> 00:43:07,770
Just him and what he says he saw.
428
00:43:08,770 --> 00:43:11,769
As it stands, yes.
429
00:43:11,770 --> 00:43:13,770
As it stands.
430
00:43:40,770 --> 00:43:42,770
You sure you're up for this?
431
00:43:44,770 --> 00:43:46,770
Right.
432
00:44:11,770 --> 00:44:13,770
Shall we start in here?
433
00:44:21,770 --> 00:44:22,770
Mwah.
434
00:44:34,770 --> 00:44:36,770
Hey, come here.
435
00:44:37,770 --> 00:44:39,770
It's all right. It's all right.
436
00:44:42,770 --> 00:44:44,770
It's OK.
437
00:44:56,770 --> 00:44:58,770
Dad?
Yeah.
438
00:44:59,770 --> 00:45:01,769
Can I sell my books on eBay?
439
00:45:01,770 --> 00:45:05,769
You can do whatever you want with
them. I might do the same myself.
440
00:45:05,770 --> 00:45:09,769
You? On eBay? You're rubbish with
computers.
441
00:45:09,770 --> 00:45:11,769
Yes. Me. What?
442
00:45:11,770 --> 00:45:14,770
There's no way. No way.
443
00:45:16,770 --> 00:45:18,770
You can't even turn a computer on.
444
00:45:20,770 --> 00:45:22,770
I mean, I would eat my hat.
445
00:45:23,770 --> 00:45:25,770
And I don't even have a hat.
446
00:45:30,770 --> 00:45:32,770
Dad?
447
00:45:40,770 --> 00:45:42,770
Mum said it was a surprise.
448
00:45:44,770 --> 00:45:46,770
A nice surprise.
449
00:45:49,770 --> 00:45:52,769
Speed-dial five, would you, please?
What's going on?
450
00:45:52,770 --> 00:45:56,769
I need to speak to someone, then
we'll come back. Ready to dial?
451
00:45:56,770 --> 00:46:00,769
Can we go back now? Press five on
that phone and hold it down.
452
00:46:00,770 --> 00:46:03,769
"Hello." When were you planning on
telling me?! "Will?"
453
00:46:03,770 --> 00:46:08,769
When he was in jail? "Listen..."
Never? Were you just going to send
me an ultrasound in the post?
454
00:46:08,770 --> 00:46:14,769
"Are you driving?" I want a meeting
with everyone tonight. You, Gavin,
the coroner. Everyone!
455
00:46:14,770 --> 00:46:16,770
Hang up. "Listen to me."
456
00:46:20,770 --> 00:46:22,770
Sorry, Jamie.
457
00:46:23,770 --> 00:46:25,770
Jamie?
458
00:46:37,770 --> 00:46:39,770
I should have fought him harder.
459
00:46:40,770 --> 00:46:45,769
It's my fault. I'm sorry. I
should've tried again.
460
00:46:45,770 --> 00:46:47,770
Jamie, what are you saying?
461
00:46:48,770 --> 00:46:50,770
I scratched his head.
462
00:46:51,770 --> 00:46:53,769
You scratched him with your hands?!
463
00:46:53,770 --> 00:46:56,769
And then I hid. You were in a box by
the door.
464
00:46:56,770 --> 00:46:58,770
Not the first time.
465
00:46:59,770 --> 00:47:01,770
You moved?! Dad, look out!
466
00:47:17,770 --> 00:47:19,770
I'm sorry.
467
00:47:20,770 --> 00:47:22,770
Me too.
468
00:47:25,770 --> 00:47:28,770
I just need you to take a nice deep
breath, OK?
469
00:47:30,770 --> 00:47:34,770
And now I want you to explain to me
exactly what happened.
470
00:47:49,770 --> 00:47:50,769
Yep.
471
00:47:50,770 --> 00:47:54,769
"Maggie, Peter. Forensic team just
found DNA at the cottage."
472
00:47:54,770 --> 00:47:58,770
Foyle's? "Mmm. The boy moved, they
found a sample under the sink."
473
00:48:00,770 --> 00:48:02,769
Get on the phone and get Maggie!
474
00:48:02,770 --> 00:48:05,769
I want my legal team, not you,
Simpkins!
475
00:48:05,770 --> 00:48:08,769
You're driving me up the wall. I
can't hear you speak anymore!
476
00:48:08,770 --> 00:48:12,770
"DNA it is, Mr Foyle. It's DNA!"
What does DNA mean?!
477
00:48:13,770 --> 00:48:15,770
Get Maggie here now!
478
00:48:16,770 --> 00:48:19,770
"15th Floor. Doors opening."
479
00:48:21,770 --> 00:48:24,770
What kind of DNA is the DNA that
we've got?!
480
00:48:34,770 --> 00:48:37,769
Where did this DNA come from,
Mr Simpkins!
481
00:48:37,770 --> 00:48:39,769
"I can't tell you, Mr Foyle."
482
00:48:39,770 --> 00:48:42,770
Is it from hair, Mr Simpkins? Is it
from semen?!
483
00:48:43,770 --> 00:48:46,769
You've locked him in? He said he'll
only speak with you.
484
00:48:46,770 --> 00:48:48,769
You've locked him in? Correct.
485
00:48:48,770 --> 00:48:54,769
We were discussing his alibi. Then
the conversation drifted to the new
DNA evidence. And you let it?
486
00:48:54,770 --> 00:48:57,769
It's only a low sample. Manifestly
unreliable if we do our job properly.
487
00:48:57,770 --> 00:49:00,770
He's not going to see it that way,
is he? I suppose not.
488
00:49:05,770 --> 00:49:07,770
It puts me there.
489
00:49:08,770 --> 00:49:12,769
You're concerned about the DNA.
It puts me in that cottage.
490
00:49:12,770 --> 00:49:15,769
It puts me "at the locus", Margaret.
491
00:49:15,770 --> 00:49:17,769
And now they think it's me.
492
00:49:17,770 --> 00:49:22,769
They might think it says you were in
the cottage... Is this how it's
going to be? Here on in.
493
00:49:22,770 --> 00:49:27,769
Do you think I enjoy spending my
life sitting in an airless room
with his coffee breath?
494
00:49:27,770 --> 00:49:29,769
It's like an infernal machine.
It chews you up.
495
00:49:29,770 --> 00:49:33,769
Doesn't speak. Doesn't listen.
Just keeps moving forward.
496
00:49:33,770 --> 00:49:35,770
There's nothing you can do!
497
00:49:37,770 --> 00:49:39,770
OK,
498
00:49:42,770 --> 00:49:46,769
we need to back up for moment. We?
499
00:49:46,770 --> 00:49:48,770
We have a very clear alibi.
500
00:49:50,770 --> 00:49:52,769
We?
501
00:49:52,770 --> 00:49:55,769
You love it, don't you. "We".
502
00:49:55,770 --> 00:49:58,769
We are one and the same.
503
00:49:58,770 --> 00:50:02,769
In terms of this trial, our fates
are intertwined.
504
00:50:02,770 --> 00:50:04,770
But "we" don't go to prison. Do we?
505
00:50:07,770 --> 00:50:08,769
We were not in the cottage.
506
00:50:08,770 --> 00:50:11,769
No,... we... weren't.
507
00:50:11,770 --> 00:50:15,770
So, we need to work out why the DNA
would say that.
508
00:50:17,770 --> 00:50:21,770
But it's science. And you can't
argue with science.
509
00:50:22,770 --> 00:50:24,769
I can, Mr Foyle.
510
00:50:24,770 --> 00:50:27,769
In fact,
511
00:50:27,770 --> 00:50:29,770
I can be very persuasive.
512
00:50:34,770 --> 00:50:36,770
Good.
513
00:51:21,770 --> 00:51:23,770
Be upstanding in court.
514
00:51:43,770 --> 00:51:47,769
Mr Burton, I know this is going to
be hard for you
515
00:51:47,770 --> 00:51:49,769
given the circumstances,
516
00:51:49,770 --> 00:51:51,770
so please take your time.
517
00:51:52,770 --> 00:51:54,769
I saw him through the window. Him
being?
518
00:51:54,770 --> 00:51:58,769
Liam Foyle. He was known to you?
519
00:51:58,770 --> 00:52:02,769
Yes. I'd just defended him in a
criminal trial.
520
00:52:02,770 --> 00:52:06,769
How often would you say you saw him
during that period? Almost daily.
521
00:52:06,770 --> 00:52:08,769
Over the trial period, six months.
522
00:52:08,770 --> 00:52:11,769
Is there any doubt in your mind
whatsoever
523
00:52:11,770 --> 00:52:14,769
that the man you saw during those
times
524
00:52:14,770 --> 00:52:18,769
was the same man you saw staring at
you through the kitchen window?
525
00:52:18,770 --> 00:52:20,770
None whatsoever.
526
00:52:27,770 --> 00:52:29,770
Ms Gardiner?
527
00:52:34,770 --> 00:52:39,769
Mr Burton, you are a practising criminal
defence barrister, are you not? Yes.
528
00:52:39,770 --> 00:52:43,769
If a situation arises where a case
against an accused
529
00:52:43,770 --> 00:52:47,769
depends to a great extent on the
identification of the accused,
530
00:52:47,770 --> 00:52:52,769
is there a warning the judge should
give the jury? Yes.
531
00:52:52,770 --> 00:52:55,769
What is that warning called? It's
called a Turnbull Direction.
532
00:52:55,770 --> 00:53:00,769
In your professional opinion, is it
important for the judge to warn the
jury of the need for caution
533
00:53:00,770 --> 00:53:04,769
before convicting anyone in any case
that relies so heavily
534
00:53:04,770 --> 00:53:06,769
on eyewitness identification? Yes.
535
00:53:06,770 --> 00:53:11,769
Should the judge, in that situation,
ask the jury to closely examine
536
00:53:11,770 --> 00:53:14,769
every circumstance in which the
identification was made?
537
00:53:14,770 --> 00:53:19,769
Yes. Would... I can list them for you
if you like.
538
00:53:19,770 --> 00:53:22,770
No, thank you, I'm more than capable
of recalling them on my own.
539
00:53:23,770 --> 00:53:26,769
When you found her body, who did you
see in the window?
540
00:53:26,770 --> 00:53:29,769
I saw Liam Foyle.
541
00:53:29,770 --> 00:53:32,769
You had "no doubt whatsoever" it was
him. Yes.
542
00:53:32,770 --> 00:53:35,769
There was a second individual
present
543
00:53:35,770 --> 00:53:37,770
at the time Kate Burton was killed,
wasn't there?
544
00:53:39,770 --> 00:53:41,770
Mr Burton?
545
00:53:42,770 --> 00:53:44,769
Yes.
546
00:53:44,770 --> 00:53:48,769
This would be your son James, is
that right? Yes.
547
00:53:48,770 --> 00:53:54,769
According to his statement, he was
unable to make "any identification
548
00:53:54,770 --> 00:53:57,769
of the attacker whatsoever." Is that
right?
549
00:53:57,770 --> 00:54:00,769
He's nine years old. He was hiding in
a box. So if I might ask again.
550
00:54:00,770 --> 00:54:04,770
Is it your understanding that he was
not able to identify the attacker?
551
00:54:06,770 --> 00:54:08,769
Yes.
552
00:54:08,770 --> 00:54:10,769
So 50 percent of persons present
553
00:54:10,770 --> 00:54:14,770
were not able to give a positive
identification of the attacker.
554
00:54:15,770 --> 00:54:19,769
Mr Burton, when a jury convicts, is
it beyond all doubt?
555
00:54:19,770 --> 00:54:21,770
Is... Is that the term?
556
00:54:25,770 --> 00:54:28,769
Reasonable doubt. Beyond reasonable
doubt.
557
00:54:28,770 --> 00:54:31,769
Now let's have a think about what
might be reasonable
558
00:54:31,770 --> 00:54:33,769
in this situation, shall we?
559
00:54:33,770 --> 00:54:36,769
When you saw the man you are
alleging was the accused,
560
00:54:36,770 --> 00:54:40,769
Mr Foyle, was it dark? Yes.
561
00:54:40,770 --> 00:54:43,769
Were you under stress? Is that a
serious question?
562
00:54:43,770 --> 00:54:46,769
She was pregnant, did you know that?
Mr Burton.
563
00:54:46,770 --> 00:54:48,769
My Lord. Part Seven, Code of
Conduct.
564
00:54:48,770 --> 00:54:51,769
Please try and remember that you are
a witness
565
00:54:51,770 --> 00:54:55,769
and not counsel in this case,
Mr Burton.
566
00:54:55,770 --> 00:54:58,769
I am fully aware of the tragic
circumstances we have surrounding us
567
00:54:58,770 --> 00:55:04,769
and I am keenly aware of Mr Burton's
incomprehensible loss, but in the
case we have before us,
568
00:55:04,770 --> 00:55:08,769
Mr Burton's distress cannot be avoided
if my client is to be givena fair trial.
569
00:55:08,770 --> 00:55:10,769
Very well then.
570
00:55:10,770 --> 00:55:14,770
When you saw the man in the garden,
were you under stress in any way?
571
00:55:17,770 --> 00:55:20,770
Yes. What is a Bar Standards
complaint?
572
00:55:24,770 --> 00:55:27,769
It's a formal letter listing a
complaint
573
00:55:27,770 --> 00:55:30,769
against a practising barrister.
574
00:55:30,770 --> 00:55:32,770
Have you ever received such a
complaint?
575
00:55:34,770 --> 00:55:35,769
I have.
576
00:55:35,770 --> 00:55:38,770
Can you tell us who wrote that
complaint?
577
00:55:42,770 --> 00:55:45,770
A former client of mine wrote it.
His name, please?
578
00:55:50,770 --> 00:55:52,770
Liam Foyle.
579
00:55:53,770 --> 00:55:57,769
In a dark room, in the shock and
trauma of finding your wife
580
00:55:57,770 --> 00:55:59,769
in a pool of blood on the floor,
581
00:55:59,770 --> 00:56:02,769
holding her in your arms, still
unclear as to where your son was,
582
00:56:02,770 --> 00:56:05,769
you look up at the window and you
see a man,
583
00:56:05,770 --> 00:56:10,769
a man who recently had been given
cause to make a serious complaint
584
00:56:10,770 --> 00:56:13,769
against your conduct to the Bar
Standards Board,
585
00:56:13,770 --> 00:56:17,769
a man whose absence from your life
would be very useful indeed.
586
00:56:17,770 --> 00:56:20,770
But it wasn't that man, was it,
Mr Burton?
587
00:56:21,770 --> 00:56:23,770
You just wanted it to be.
588
00:57:05,770 --> 00:57:10,769
Stop her. A bit late for that. She's
twisting the facts to make them
wrong. Doing a good job of it too.
589
00:57:10,770 --> 00:57:15,769
If Defence had a problem, they
should've argued it at the time. The
issue has just come to light.
590
00:57:15,770 --> 00:57:17,769
There's compelling evidence!
591
00:57:17,770 --> 00:57:20,769
Can I come round tonight, please?
I'm freaking out.
592
00:57:20,770 --> 00:57:23,769
How did he know? There's no way he
could have known.
593
00:57:23,770 --> 00:57:26,769
When you killed her, did she die
quickly?
594
00:57:26,770 --> 00:57:28,769
How do you live with yourself?
595
00:57:28,770 --> 00:57:32,770
You had us all worried for a minute.
I'm just full of surprises.
596
00:57:32,829 --> 00:58:01,962
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