Original subtitles

Just before the crash happened, Callum decided he was thirsty and he wanted a

refreshment trolley. So he set off walking to the front of the train.

And I remember thinking how beautiful he was.

He just shot up that year. He was nearly six foot.

And then he was gone.

Do you want to go on?

Brakes came on really hard.

And the train began to shake.

And there was this horrible grinding sound.

Sorry.

The judge wants us in now.

Got a verdict.

No. Why not?

Corporate plans in order. Bit of history in the making.

It's casual, eh?

There's no point in proceeding. Doesn't look like a happy fella, does he?

Let's hope it's the nine deaths on his corporate conscience.

I have decided that the prosecution for manslaughter of Mr. Robin Caslett and

the other directors of Traxco Rail as a result of the rail disaster is simply

not tenable.

In Icarus, the whole cheapskate operation is designed to make money for

shareholders and the passengers can go to hell.

So who's to blame for the clash?

I'll give you four to five and have the train driver up on a mantle to charge

within the month.

Can I help?

Yeah.

Hello. Oh, hello, Henry.

You look a bit grumpy.

Yeah, I am.

You're back. Come in.

Henry's father is late with his chamber's rent again.

Not five weeks in the road. Hello, miss.

Welcome.

This is Minnie Marsh, our new tenant.

She was briefly a pupil with us under Henry, I think.

Not literally, I hope, miss.

Mo, go and make us awesome tea, would you?

Hello, Mo.

Make yourself at home. I've put your desk in with the rabble.

Don't worry, miss. I'll soon set you up with a nice little something.

Yeah, as soon as possible, by the look of that shopping.

I'll go and help Mo.

Henry, are you in any real difficulty? I keep hearing things.

No, I'll be fine.

Henry and Mo are an odd couple.

They could be.

Henry had a little falling out with his landlord.

Probably because he'd like to be paid.

He'd be homeless if it wasn't for Mo.

Just a minute.

Just have cereal.

Is it completely over between you and Polly?

Afraid so.

She didn't like the gambling or the antisocial hours.

Only my wayward daughter might be coming today.

She's the one who dumped the rabbit on me.

She's going off to court to see if that train driver's going to be committed to

trial. Oh!

Changed my mind.

Nothing much you can do about the driver, is there? Maybe.

Maybe not.

Not your case, Henry.

There's the train driver and truckster's lawyer.

Small world.

And Mr Cazalet.

Looks like they're paying for his defence.

Got away with it. The shareholders are breathing a sigh of relief.

At barely 200 yards from impact, the data recorder in the cab shows the

applied full emergency braking, which was then locked full until impact.

The passenger train was hit by the goods train.

and the front carriage took the full force before bursting into flames.

Thank you.

The Crown submits that this driver's reckless disregard for even the most

health and safety regulations, let alone the rule book, was responsible for the

victim's death.

Michael Ian Westlake.

We are of the opinion that there is a case to answer.

You will therefore be committed to trial on a charge of manslaughter.

Jezebel. I couldn't say no. She found out I'm a railway nut.

Isn't this a bit beneath you?

An elephant to crush a flea? I take it you're just an observer, Henry. Suddenly

it's the driver's fault. Just ask yourself, if you were the government,

would you want to take the rat?

If he didn't want to spend billions putting the railways right... He went

through a red.

Feels strange.

Occupying the moral high ground.

I'm talking to a lot of bereaved and damaged people, Henry, and they know who

they want to see punished.

That's Kathleen Michael Westlake.

I'm Henry Farmer.

I know.

You tried to put away my employers.

Why are you letting them run your defence?

Because they pay my wages and I'm not in the unit.

Cazalet should be in the dock, not you.

You said you were tired.

Why were you tired?

Because I'd worked a seven -day week continuum, switched to mornings halfway

through, and then a ten -hour day plus travelling and breaks.

I was knackered.

There's your defence.

Look.

Look, mate. We all signed up for it. More pay, work your bollocks off.

That's why the union hates people like me.

So you think you're guilty, then?

Well, it's natural to feel guilty, isn't it? But I know deep down in my heart

that it wasn't my fault.

Traxco are trying to shift the blame onto the network, aren't they?

So the last thing they want is an employee of theirs standing up in court

he was dog -tired.

Yeah, I was knackered, but that won't get me off, will it?

If you made a mistake because you were stressed and overworked, then they've

allowed it to happen.

I'm on my own here.

It's absolutely terrifying.

I mean, there's rumours going around that I wasn't concentrating.

I mean, what do you say to lies like that?

Papers say you were using your phone. You weren't, were you?

I'm not that stupid.

Talk to Traxco's lawyers again.

Insist on tiredness as a defence.

What shall they react?

Seriously, I've all rung him.

Boneslip.

You're a gambling mum.

If you change your mind, call me any time.

I had to bring our meeting forward.

I know this is hard for you, but, um... Well, it helps me to know what you've

been through.

Losing your son.

And if we win, it might help you find some sort of closure.

Closure's hard.

I brought him up on my own, protecting him against everything.

But in the end, I was with him on that train and...

I couldn't save him.

Well, perhaps we can get you justice.

At least he still looked like my son.

Some of the others, though.

And hopefully some sort of peace of mind will follow.

As a new clerk, you should understand this is a chamber's outing.

So no loose talk.

What's the chamber's outing?

It means we've got barristers in this chamber on opposite sides in the same

trial. Plenty of opportunity for a bit of spying. Oh, no, it's very civilised.

You just don't talk to the other side about the case. What about the signal

sighting? It's so poor the driver didn't see it. Don't do this to me. I think

he's had a good chance with that, don't you?

Don't be tight -ass. Oh,

lens of tenor.

Mr Palmer.

And there's a gentleman to see you.

Looks like an undertaker.

Mr Tabbert. Sorry.

Malcolm.

I think we had a meeting yesterday.

I forgot.

It was in court.

Missing a meeting with your trustee in bankruptcy.

It's a bit like skipping bail.

Not the B word yet, am I? I thought that's what you were helping me to

Sooner or later we do have to look at the tricky problem of your spending.

I thought the idea is we fix upon a sum that I can pay my creditors and then I

try and stick to it.

You've been teasing me all along, haven't you?

You do understand.

First we work out your basic needs.

Basic needs? Food, laundry, rent, and then we can distribute the rest to your

creditors. We have to fix a sum you can survive on.

It'll include the odd pint, don't worry.

Maybe a curry occasionally.

If you don't eat in the West End.

I see that the contract on your mobile's expired.

Perhaps you can change to pay as you go.

You say you're staying with a friend?

Anyway, I want to do that forever.

Hopefully you'll be able to find yourself a nice bedsit for a reasonable

Somewhere in the suburbs.

Mr Farmer?

Hello, mate. Nice to see you.

Train driver. Any new solicitors?

Hello. I had a think.

Decided that you were the first person who'd spoken sense, Mr Farmer.

I knew about him on tape.

Don't take any tips from me, you'll lose your shirt.

I'm so sorry, this should never have happened. The defence team comes from

chambers too.

Come on, let's go.

That's the driver.

He's sorry.

What were you doing? What were you doing? Will you play computer games?

They were all lies.

Take it easy now.

Do you have a diary in this place, Ray?

I saw her climbing into a burning couch.

They dragged the lad out. He was still alive.

I wanted to help, but my legs, they won't work.

Ray. I don't know who caught this up, Miss, but it wasn't me, I swear it. I

everything that's in that diary.

Did you set this up? Oh, don't be silly. No, it was probably that new clerk. My

new clerk would not make this sort of mistake.

I wouldn't put it past you.

I think you should withdraw that stupid remark.

Well, I really don't feel like it. How did you muscle in on this case? The

defendant's changed his solicitor.

Oh, yes, we all believe that.

You did say civilised, didn't you?

I wanted to pick your brains, Dad, not get pneumonia.

So, what defence is your train driver using? Divine intervention?

Everybody knows that Traxco are the shoddiest train operators around.

Oh, I see.

You chair a public inquiry into safety on the railways, you write a report, and

you don't even mention Traxco.

Privatisation is evil, and it's all the government's fault.

So we can just forget corporate manslaughter is a crime now, then, can

our lordships find it all too fretful?

Who do you blame?

I understand Robin Caslow's doing a fine job turning that company around.

The government have renewed their franchise. They must be doing something

Why so little in the report about the long hours that train drivers work?

Plenty of evidence at the inquiry.

The government put pressure on you.

They can't and don't.

Change your newspaper.

Working men aren't all saints.

I blame your mother for taking you away from a decent school and sending you to

a comprehensive.

Still, I suppose Jod is like the common touch.

I'm Robin Casaleb.

Chief Executive of Traxco Trains.

Today marks the anniversary of a tragic accident that has changed the lives of

many people.

But first I would ask you to remember the nine who died on that day.

Lily Caldwell.

It's rather brave of Casale to face the survivors.

Paulette Caldwell. After all the stuff that's been thrown at him.

How many more dirty tricks can I expect from you after that little confrontation

in Chambers?

I don't know what you're talking about. You knew my client was vulnerable.

So?

Shake him up a bit. Maybe he'll plead guilty. He can get himself a lucrative

little appeal.

He seems to be holding up.

You all right here, Henry?

Could be thought a little insensitive in the circumstances.

Dear Lord, help us in our darkest hour.

Hear the prayers of those who have been left behind and help us to grieve.

Grant those we have loved eternal peace and a home in heaven.

Amen.

I can still smell the burning oil on his clothes.

So how long have you been working for Traxco?

I'd only been qualified a short while.

I was good.

I thought about safety all the time.

You do?

I never put a foot wrong.

I'd have been happy driving trains for the rest of my life.

Do you remember cancelling the warning in the cab, on the yellow?

Of course I do.

It's like a reflex, you know, standard practice.

Then you knew the next signal could have been read. But you didn't slow down.

What happened in between?

What did you see and what didn't you see?

I never saw the signal.

You know, if the sun's low, the sign's bad.

But you'd done that journey 14 times before.

Did any other driver report that he couldn't read the signal?

I don't know.

This was your third journey of the day. You've been driving just before six.

Medical A1, no blackout.

You know, I was lying by the track and this bloke, a passenger, he came near

he said to someone, there's no justice, the driver's surprised.

Sorry, can I borrow your phone, please?

Yeah.

Cheers.

I have one of these.

Your pair should go.

Yeah, she's changed.

You're our credit.

Superficially, it's a good defence.

The sighting's not great.

The red was on a bend at the bridge and the sun was directly behind.

That's what I thought.

But the health and safety inspector said that the signal was readable for 20

seconds. They're on a train on there later the same week.

The thumb was behind.

They repeated it twice.

It was readable.

And we're going to call them.

And Traxco would know that?

They must do.

It just doesn't stand up.

I bet you kids have fun in here.

I don't let them play with it.

Well, thanks for the meal.

If Cleo finds out I spoke to you, she'll kill me.

It's all in the name of justice.

See you tomorrow in court.

All

right.

Hi.

Best friends for Traxco now, are we?

Just being civil.

This is a first. Us on opposite sides.

All ready to get the government's transport policies off the hook.

Oh, Ferris. Why would I want to do that?

I don't know. It must be something for you. A seat on the bench or a place in

the Lords.

You're a very balanced person, Henry.

A chip on both shoulders.

You commute to London every day, Mr Hunter.

Is that right?

Yes. And what did you see when you got off your train?

The train on the other side of the platform was just coming in. I suppose I

50 feet from the buffers when the cab went past me.

And what did you see inside the cab as it passed you?

Well, the driver had his feet up.

and he had a book beside him, face down but near the controls.

And why did you remember this?

Well, because obviously I thought it was appalling.

And when I heard about the crash later, I wondered if it was the same person, so

I rang the newspapers because I really wanted to know. It was very shocking.

And the newspapers rang back later that day and they said it was the shuttle and

that they could prove it was the same driver and would I give them an

And do you recognise the book -reading driver in this court?

Yes.

You probably know it's the habit of some papers to make allegations about

serious accidents.

Book -reading drivers recklessly texting on mobile telephones has a strong

effect on sales.

Is that a question, Mr Farmer?

The witness says he saw the defendant reading a book.

It's not the Daily Mail giving evidence.

Do you get paid for your story?

Certainly not.

Not? Some expenses?

Well, a small amount.

It goes with some trouble.

I don't doubt that you were genuinely alarmed by what you saw.

When you say it was a book, what colour was it?

Not a very definite colour.

Pale -ish.

Was it anything like this?

Could have been.

Do you know what this is?

No.

This is the driver's rule book.

Do you object to him having that face down beside him? I object to him having

his feet up.

There are no rules in the rule book about where the driver puts his feet.

Brakes are hand -operated, Mr Hunter.

It looks sloppy.

May have done, but it wasn't dangerous, was it?

Is this the right little place for you, miss?

It's a death row job.

Death row?

Perfect gentleman, by all accounts.

Then I imagine the solicitor succumbed to his charms as he hopes the judge will

succumb to yours.

Dangerous Dogs Amendment Act, 1997.

Hope you like dogs, miss.

Excuse me.

I'm defending a dog.

Why did you sleep in chambers last night?

How did you know?

It's your aftershave.

It was filed under R .B. Snedder. Yeah, I was going to stay in a little hotel

around the corner, but they were full for the night.

I remembered the mattress that you'd...

Left here, sir.

I think my wife's having an affair.

Why? Well, she's been spending nights with her sisters in Southend.

Things go on in Southend.

So you think your wife's having an affair so you sleep rough?

Well, it was just the one night.

Nothing like this has ever happened to me before.

Don't say anything about this.

Hello, Denzel.

I'm a bit nervous with dogs.

Is he really OK?

Oh, he's lovely. My youngest dotes on him.

And what stands between you and a lethal injection?

Oh, you're all right.

They got it wrong about you, didn't they?

What you did wrong was you moved too quickly.

Denzel doesn't like strangers to move too fast.

Unless you've got a treat.

What are you looking at?

The wig. Very retro.

It's been fixed.

You can tell from behind.

Go away.

What was your role in the company at the time of the accident?

Before I took over as chief executive, I was an executive director in charge of

health and safety.

And can you tell me a little about what you did?

When Traxco took over the region, we decided to make safety a priority.

After the very stringent Gillespie report, we commissioned a risk

Would you say there was any reason for a driver to be fatigued at work?

Well, not unless he was tired for some other reason.

If he'd been out partying or turned up for work without sleep for any reason,

would be very much on his own.

Mr. Cazalet, this accident happened in summer and the defendant had worked

days in a row.

11 hours a day, and the air conditioning in his cab wasn't working.

He'd reported it to the company the week before, but it obviously hadn't been

fixed. Is that looking after the health and safety of your employees?

Our records say that it had been repaired the week before. The defendant

his statement that it hadn't, and he was in the cab, wasn't he?

It was a good excuse.

And since it was badly damaged in the accident... We only have our service

records to give her. The records show it had been reported faulty four times in

the previous year and had failed again four times. Isn't that right? The

show it was not only fixed, but completely overhauled in the previous

You mentioned the Gillespie inquiry into the state of the railways two years

ago. That was a whitewash, wasn't it?

No, I feel the report made a significant contribution to rail safety.

It was a green light for unscrupulous companies like yourselves to work

longer hours, wasn't it? On the contrary.

We follow the legal requirements to the letter. But you're known as a company

that actively encourages drivers to work long hours of overtime, aren't you?

It's about common sense.

We look after our drivers.

But they must look after themselves.

What do you mean exactly?

Well, I understand from the disciplinary records that the defendant was

reprimanded for his habit of travelling to work in London from his girlfriends

in Reading because it was feared he was depriving himself of sleep.

Unfortunately, the court hasn't seen these records.

Can they be provided?

I understand they can, milady.

Do you have proof he did this before the accident?

I understand we don't have proof in this case.

But my managers feel it a very strong probability.

What is this?

You told me you were single.

Nicola. Why, it's very on -off, on -off.

We had a kid together, Melanie.

She wasn't planned.

So here I am basing the case on you being worked into the ground and you're

going without sleep to be with your girlfriend.

I didn't come from her that morning.

I'm not lying to you.

I'd like to go up to Reading as much as I could to see them, but I couldn't do

it that week. You saw the hours they had me working.

The prosecution are trying to drag up other stuff from your past as well.

When you first applied to work for Traxco, you were asked if you had any

or drug -related convictions. Remember?

You said none.

I really wanted that job.

You had a conviction in 1998 for drunken disorderly. You were expelled from

school for possession of cannabis, plus two convictions for joyriding.

I lost my mum.

I had a dodgy time. I got through it.

I've got to think of the matter.

That's what the other side would like them to think, but we won't let the jury

hear it.

You tested negative for everything after the crash, so that's all that's

relevant. But it's a warning.

You have to tell us everything.

I put the boat out for you, Mick. You've got to be straight with me.

OK, OK.

Now we need a statement from Nicola saying you weren't there the night

Yeah, she'll do that.

Red Rage, 2 .30.

Yeah, looks good to me.

Scrub that, then.

You're a rabbit.

I don't understand it. You don't like him. I haven't got time for a fitting.

It's held together with tape.

I'm a laughing stock.

He only eats organic.

It's genuine horse hair.

Do you know how much these cost?

Of course I do.

We shouldn't have left it lying around.

They've summoned about your size. I'm sending them for you to try.

What do I do? Scanlon's given me a dangerous dog case.

Wonderful. Did the dog get bail?

He wasn't a very nice dog.

He didn't confess, did he?

According to his owner, he gets panic attacks.

So?

I've got a clash. Bow Street.

Let's hassle more money.

You'd better borrow my roller skates.

You need the money, don't you?

Poor little doggie. Gets a counsel that would melt the heart of Judge Jeffries

and she deserves him. Oh, please.

I'll do anything for you.

Within reason.

All right.

Get on the internet.

If Traxco can dig up dirt, I want some on them.

You're an inspector in the British Transport Police, and you were the first

person to interview the defendant at the scene. Is that right?

Yes.

Can you tell me the possibilities you considered to explain why the defendant

was distracted and didn't see the red light?

I considered the possibility he might have been using his mobile phone.

What is the rule about mobile phones?

Drivers are forbidden to have personal mobile phones in their cabs. It's so.

One of the most important rules in the book.

Did the defendant have his phone?

No, but the records show there was a call made from it only two minutes

the train departed.

And in his interviews, what did he say about that?

At first he said he thought he'd lost it that morning.

And what did that suggest to you?

Well, he would have had much time to lose it two minutes before departure.

Having made further investigations into the defendant's phone, did you examine

Selmarth's records?

Yes, I traced 20 calls from the defendant's mobile before his period of

the day of the accident.

That's a lot of calls.

Who was he phoning?

They were all to his girlfriend's mobile.

Thank you.

I said tell me everything.

I never used the phone on the train, so I never heard it ring.

So what are you saying? It was in your bag, in breach of the rules.

Why wasn't it found? Was it destroyed in the fire?

20 calls to Nicola, Mick, before the journey started. What was that all

It was all at my break times.

Bastards. They are.

And at the moment, they are winning.

Resuming that this phone was inadvertently brought on by the

have any evidence that he used it in the cab?

I don't personally have that evidence, but we considered it a possibility that

it may have been destroyed by the fire in the cab. The phone was never found in

the cab.

And the defendant didn't have it after the crash.

That's true.

I ask you again, what makes you think the mobile phone was in any way related

the accident?

The defendant clearly couldn't leave his phone alone.

He was negligent.

His old demeanour was... How can you have a negligent demeanour?

You didn't like him because he was young and confused and may have made a

mistake carrying his phone on. He broke a rule.

And in my book, if you break that rule and a tragedy ensues, you are grossly

negligent. Only if you can prove that it led directly to the accident.

No further questions.

The injured driver was sat near me after the crash. He was trying to make a

call. But why didn't you tell anybody before?

Well, I suppose I took it in without registering it. I was in a daze. I was

holding my son's body.

But why remember now?

I made the connection in court when they started talking about mobile phones.

Are you sure that's what you saw?

I'm absolutely certain. You may be cross -examined.

That's what I saw.

We need your help, Nicola.

I want to talk about Michael Westlake, thank you very much. Come on.

Right. Just wanted to know if Nick was at your place the night before the

He's very interested in that.

Would you be willing to appear as a witness?

No.

OK, maybe you could confirm he wasn't at yours in a statement.

What else has he told you? Sheree Blair's his sister? He told me he didn't

any calls from you on the train, is that right?

He told me he'd move in with us five years ago. I'm still waiting. Look,

I can't make you come to court, but I would like to know if he was with you

night.

Tell him he's on his own.

Come on, babe.

Perhaps I'll understand what it feels like.

Right.

Still taking interest then, Dan? How dare you slander me in court.

Is it August the 12th? Open season on me now.

Nothing personal.

Of course. Nobody wants these train companies to fail.

They've got billions of pounds that have come off Granny's pension and the NHS.

Row up.

Is this about accountants?

For real live people.

Do you know what a thousand ton railway train does when it smashes into a human

body? You must have seen a lot of forensic photographs of other crashes

wrote that report. Didn't you look at them?

Didn't they have any effect on you?

Why did you go into the law?

If you wanted to use the course as a soapbox, you couldn't have wanted to

emulate me. No, I wanted to annoy you.

You've bloody well succeeded.

Well, I might be about to annoy you again, because I'm going to call you as

witness.

You can't call me. I think I can.

I'm a bloody Lord Justice of Appeal. And that's just what I'm looking for.

I know this will be extremely painful for you.

Can you tell the court what happened after the accident?

When they brought my son out, he was still alive.

And I stayed with him and I comforted him until he died.

And there was another person lying nearby.

He'd injured his leg and he was waiting for a stretcher. Why did you notice him?

Well, it was absurd, really, because I was just numb and I was staring at him

and I noticed that he had a mobile phone and he was trying to use it.

I thought perhaps he might be trying to call his wife.

Can you explain why it seemed absurd?

Well, he obviously couldn't get through because he just threw the phone away.

Into a field by the track.

Do you know who the man was?

I didn't at the time.

I thought he was just another passenger like me.

But it was that man there.

The defendant?

Yes.

Mrs Nicholson.

You say you saw the defendant throw a mobile phone into the long grass by the

crash site.

You do realise that no phone belonging to the defendant was ever recovered.

Do you think you might have been mistaken?

No, that's what I thought.

Nobody can underestimate the horror and the grief you must have felt at that

time.

Surely you can't have been aware of what was going on around you, can you?

I'm even more sure now. He threw his phone away.

Would it be fair to say that the grief has hardly diminished in the months

your son's death?

Yes, that's true.

It must be hard to accept that he died and you lived only a few feet away.

It is very.

You feel guilty and raw.

Yes.

If anybody could take that burden away, it would be a huge relief to you,

wouldn't it?

I don't honestly think that's possible.

But if it was found that your son's death had been caused by negligence or

kind of failing on anyone's part, that would be very hard for you to forgive,

wouldn't it?

At this time, yes.

No more questions.

Did you know there's a bug in Australia that actually has two names?

Some people call it the Spine -Maked Citrus Weevil, others the Key Rice

Bet you didn't know that either.

Oh, yeah.

Dad, I miss you and I'm very proud of you.

My Lord, whilst we don't dispute the defendant's hand was wedged quite

in the till, we intend to bring medical evidence that showed the defendant

suffers from convulsive metacarpal syndrome.

where the arm spasmodically jerks forward, particularly when near metal

So what's between you and Nicola?

I thought she loved me.

Well, in that case, why is she threatening to be a hostile witness?

Because she doesn't want me to see Melanie because I'm supposed to be

irresponsible.

I want to see them.

Why do they get like that?

Listen, my kid's mum was so angry with me, she took him to Australia.

If you think she cares about you at all, why don't you try and find out what's

winding her up?

OK, this isn't what you expected, but I was looking through some background

trying to find you something editing, and I discovered that Traxco trains were

set up with capital from a number of places, but the principal one was

Investment. Loads of people threw money around when the railways were

privatised. It was a feeding frenzy. One of the directors is Cleo's husband,

Baron Rupert Bergdorf -Dean.

I got this from old Guildford. It's about your size.

You don't mind me imposing upon you about my, um, marital difficulties, do

sir?

Has anyone said that Ray Scanlon's behaving odd?

No. Well, I don't see why you have to spend the night away. You're not the one

having the affair.

Is she having an affair?

You know this?

Sorry, the alleged affair.

Oh.

Well, I just thought...

If I stayed away one night, she'd miss me.

How did she react?

Well, she didn't mention it.

Nothing. Just in a world of her own.

But you still think that when she goes away, she's not with her sister?

Well, if she was up to anything, her sister would cover for her anyway.

No worries.

Is she unhappy?

Why would she be unhappy?

What brings you here, Henry?

You want to make a deal already?

You haven't declared an interest.

Your husband put money into Traxco.

Now, maybe you told the judge, and for some reason or other, she decided it

wasn't relevant.

I didn't know anything about it.

Anyway, it's not relevant.

I'm going to declare your interest if you don't. Oh, this is ridiculous.

I don't know a tenth of what he does.

Spare yourself the trouble of making a fool of yourself, because you are just

about to lose this case.

We found the driver's phone.

My learned friend's husband has raised venture capital for Traxco, and the

company's interests clearly align with the prosecution.

If the driver has committed a crime, it gets them off the hook.

My learned friend has a clear political agenda.

The last thing I want is a retrial.

How did this come to light?

Just came across it by accident.

Did you?

It's irrelevant.

Why is it irrelevant, Mrs. Dean?

It's a private matter.

I'm afraid not now I know about it.

I really didn't want to have to talk about this. Come on.

My husband and I are living apart.

I expect very soon we'll be divorced.

I can safely say that our interests don't coincide.

I'm sorry to hear it.

I don't believe that this will prejudice the defendant getting a fair trial.

If you have any objections, make them now, Mr. Farmer.

I defer to your judgment.

I had no idea you were actually divorced. I can go higher than you.

Well, Daddy's hurt his leg, so... Well, put your scarf on. Come on, babe. Come

on, sweetheart.

Slow down, sweetie. Come on.

You're all over me now. I can get you out of a mess.

A mess? I'm on trial for months, Laura Nicola.

You told me you was going to be all right. No.

They want someone to blame and I'm the easiest.

I've not been following it on the news.

I hear what's being said.

I've got to get Melanie to her aunt some late.

I'll just get involved all over and then you'll let me down again.

How can you be so bitter?

I'm Mel's dad. I could go down for a long time.

You'll still be acting like a kid when you're 40.

I don't like being hard. I've just got to think of her.

What were you up to that night?

I was exhausted. I was sleeping in my bed.

So there's nothing to come out?

No, no, no. Look, they're just trying to wind the jury up.

And all about being wound up from you? Look, I'm just asking you to tell the

truth.

Don't send me down because you're angry.

Mick, I told the police a long time ago you weren't in Reading that night.

Being a supposed girlfriend, they've obviously chosen not to believe me.

I'll give your lawyer a statement as long as there's nothing else to come

No, there's nothing.

Look, whether I get off or not, I'm going to make you up to your mouth.

I swear.

I swear, all right?

Come on, babe. We've got to go.

Come on, sweetie.

I love you.

See you soon.

Superintendent, can you tell the court how you eventually found the defendant's

cell phone?

In the light of the new evidence, I decided to look at any of the unclaimed

property from the accident.

And what did you discover?

We examined a mobile phone which had been found in long grass a few yards

from the accident site. It had been improperly logged in and wasn't in the

original inventory because it was thought to belong to a rescue worker.

It has turned out to belong to the defendant.

Were there any calls made during the journey?

In the period leading up to the accident?

There was one incoming call during the journey.

Can you be specific?

The call began two minutes before the accident.

And when did it finish?

About 20 seconds before impact.

Thank you.

What are you saying?

Why did you throw your phone away?

Look, I'm sorry, I panicked. When everybody said it had been destroyed in

fire, I kept stunned.

Were you on the phone in the cab? Is that why you went through the signal?

Henry, whatever anybody says, I never heard the call, so it never distracted

eh?

Come on.

That's three pounds.

My Uncle Ted's got an empty flat in Hoban. Now, I can't get the keys yet,

it's got a jacuzzi and a fantastic view of the spaghetti house.

Is this Uncle Ted the dodgy share dealer?

Could be a real fine. There's no rent. It's convenient for the courts.

There'll be a catch.

Thanks anyway.

Oh, dear, oh, dear.

We forgot our date again, didn't we?

I'm in the middle of a very big case.

Keep that money coming in.

I'm sorry to be the bearer of bad news.

I'm afraid your creditors have decided not to accept the voluntary agreement.

Not very nice people, bookmakers.

What does that mean?

How big is the big case?

Any chance of a windfall in the order of 100 ,000?

It's legal aid.

Bankruptcy is what it means.

If you need full cooperation and further disclosure of your financial affairs, I

would advise you to steer clear of forfeited animals.

Quite right.

I really am sorry. I feel completely humiliated. Why didn't you tell me

we got to the judge? Because I was sure she'd throw it out.

Look, do you know what it feels like being a single woman after 26 years of

marriage? It's not something you want to advertise.

You feel like a failure no matter whose fault it is. I know. I've been there,

too. I had managed to keep it out of the press.

And excluding people in this office who've been very kind and discreet,

knew.

We close ranks.

Which is why nobody's gossiping about your financial problems.

Well, now, apart from the odd solicitor's clerk in Burnley, the entire

profession is going to know my life's in a mess.

Here's another week, sir.

Dandruff? Not the best time to talk to you about Denzel, Ed.

Denzel? Denzel the dog. I've done all the hard work. I just want you to plead.

Why did I dare do this? Because you're the nicest man in Chambers. I want to be

paid for digging that dirt, too.

I'm bankrupt.

I'm heartless.

I'm just in the middle of a big case.

Sorry. You promised.

I've just said yes to this other case and I'm getting a ton of money.

Please.

I don't know how to say this.

My wigs poison your rabbit. You're going to sue me.

No.

I just couldn't say no.

Your wayward daughter's coming to visit.

She was going to stay in the hotel, but she hasn't got a bean.

It's not right away.

You will have time.

Oh, don't worry. I'm looking around.

And Ben's come up with somewhere.

I thought I might take you for a curry.

No, I'm sorted tonight.

Thanks. And don't worry.

It's back at 100.

No, I'm out.

How much you got?

220.

220.

Oh.

Oh.

I hope you never defend me, Henry.

Don't gamble in court.

Have a good morning, Henry.

See you next week.

Hello, Denzel.

You've got to let him kill him.

My youngest has stopped eating.

Well, it's a silver tongue job, because unfortunately Mr Justice Campion is

president of the Persian Cat Breeders Association.

It's tough luck when these things happen.

Sorry about the crown jewels, Denzel.

Better safe than dead.

See, the thing was, you moved too quickly.

I draw your attention to paragraph 1A of the 1997 Act that

states that nothing shall require the destruction of a dog if the court is

satisfied that the dog would not constitute a danger to public safety.

If what, Mr Farmer? If it were neutered.

I draw the court's attention to the veterinary surgeon's report of the

operation, which was carried out last week.

Would you hand it up, please?

Do you mind taking your hand out of your pocket, Mr. Farmer?

Oh, I... I see you have a wound.

Cut myself in the canteen.

Yes, we'll stay the destruction order for six months and reassess.

And, Mr. Farmer, your wig is a disgrace.

At the back.

I'll do you a deal.

No deal. If you call me, I'll be forced to tell the court that Traxco are a

company beyond reproach. And being who I am, I'll get away with it. And you'll

look like a prat.

And you'll look like a liar.

However, you could do worse than contact the chronobiology department of York

University. A bit of a long shot, now that your client appears to be so

with his mobile.

What have you done with your hand?

Never make jokes about a dog when it had its paw cut off.

Deal, then?

There's a disgruntled ex -board member at Trafico, too, who might give some

interesting papers.

Are you trying to help me?

To not make you look like a fool?

Thank you.

But I'm still going to call you.

I do not approve of distinguished High Court judges being dragged in like this.

You can't refuse a witness like this.

I'm very tempted to. I mean, he's your father, for heaven's sake.

I don't like doing this.

Well, don't do it again.

And don't take on important cases like this. Not until you're in silk. You may

be swimming out of your depths.

Can you tell the court who you are?

Yes.

I'm Sir Marshall Gillespie, Lord Justice of Appeal.

Did you chair a public inquiry and write a report two years ago that dealt with

safety on the railways?

I did.

Do you remember examining a study on driver fatigue by the chronobiology

department of York University?

If you say I did, I must have done.

May I remind you the defendant is accused of killing nine people.

Are you cross -examining me?

The study is called Driver Fatigue and Working Hours, Risk Assessment for

Rail, January 2003.

Did you call the writers of this report to give evidence at your inquiry?

No, I did not.

Can you tell the court why?

The report was written for Traxco, who were not one of the companies involved

the two previous accidents.

And was that why you didn't call the authors?

It was felt that Traxco were a rogue company who wouldn't get a franchise

time round. Did they get a franchise?

I believe they did.

What did you feel about the study on driver fatigue?

It made some telling points about the stress train drivers were under, but in

the event, the government wanted to limit the scope of the inquiry, and time

short, and that was why I didn't call the authors of the report.

Do you know what happened to the report?

No. I hope Traxco implemented its findings.

Why do you say that you hope Traxco implemented the findings of the study?

The report clearly said, if I remember correctly, that Traxco was a more

aggressive management than others in the industry.

Their drivers worked too hard and this compromised safety.

What would it mean if the report wasn't implemented?

Given the tenor of the report, in the event of loss of life in an accident due

to driver fatigue, anyone in Traxco who made an executive decision to ignore the

study would, to my mind, risk committing crime.

Thank you.

Thank you.

Your month's over, Ed.

He'd tell him tracks go over.

Yeah.

But the jury still think you could have been messing with your phone.

Well, you tell them I wasn't.

Look, I know you like playing Jack the Lad most of the time just to keep your

spirits up. But there are other people's lives that have taken accidents that

haven't even happened yet. It isn't just about you.

Yes, it is about me.

And you're supposed to give me the best defence possible. Yeah, and I'm trying

to, but you're not helping.

Oh, you don't give a toss about me.

Otherwise you'd get behind me.

You just said it.

You're after trucks, Carl, and the people who run it.

No, I'd like to get the people who ruin the railways.

But you can't have everything. Are you going to believe me or not?

Okay, read my lips.

I did not hear that phone.

Okay.

How the hell am I going to prove it?

Still can't believe you said all that.

Thanks. Honestly.

I hope you're satisfied.

I presume this means the government don't mind seeing Truxco swing?

Do you think I'm some kind of judicial puppet?

Had it ever crossed your mind that I might have gone back to look at the

to try to put right or wrong?

Good evening, Lord Justice.

How's your pussy?

Oh, she's a fine cat. My cleaner complains about the hair.

I had young Farmer in court.

He had me in court.

Look, to complete shambles, I have to tell him off about keeping his hands in

his pockets.

Who the hell do you think you are, Campion? Why shouldn't he put his hands

his pockets? No problem. He did a good job for his client.

Of course he did.

You started work at six.

When did you get up?

About three -ish. I travelled from my flat in Walthamstow to the depot.

So how were you feeling on that morning?

Of course, you don't want to say that you're tired, but you don't get off to

sleep before you have to wake up again.

I'd done seven days of that.

I wouldn't do it to a pilot.

If Traxco Trains wanted you to work certain hours, legally, And you object?

Yes. But in practice, you don't. What happens if you ask for relief?

They mark your cards.

Useful to a person who often says you're tired? No.

I never want to say I'm tired.

Work's supposed to be good for everybody, isn't it? You bring money

family, the shareholders get rich, the companies put on more trains than the

public happy, aren't they? That's the theory.

But people like me are stupid and we work too hard.

So when you undertook that journey, how did you feel about driving the train?

I felt fine when I started out.

Only when you started out?

After about 20 minutes or so, I started to struggle.

The aircon wasn't coping.

It was cloudy and windy, but in the summer, with no aircon, the cab still

like an oven.

Did you consciously do anything to put your passengers' lives at risk?

No.

I never saw the red.

Then you end up seeing things that you shouldn't ever see.

People saying that it's your fault.

Why didn't you see the red?

I was tired.

I was tired.

I must have nodded off.

Were you aware of anything at all?

No.

I wouldn't have heard a phone if it was ringing.

Have you admitted to anyone before at nodding off?

No.

I hadn't even admitted it to myself.

You made 20 calls to your girlfriend in the hour before you went on duty.

20 called in an hour without a reply from her.

Do you honestly expect the jury to believe that when she replied, you

it? I didn't hear it. The phone was on.

You were desperate to speak to her.

Why were you desperate to speak to her?

Because my little girl had suspected meningitis.

Yes.

Let me play the court the message she left on your phone.

It's a virus.

It's scarlet fever and all she needs is antibiotics.

Okay?

It's not a message that's easy to ignore, is it?

That's why I broke the rules and took it with me.

I only found out that morning.

I hadn't seen her for a week. I was frantic.

How could you have ignored it?

I would have answered it.

Like a shot.

It's only human.

What have I done?

I never heard the phone.

Didn't you think about phoning Nicola after the crash to say you were all

I tried. I couldn't get a signal.

But there is a false signal there.

I don't know. I thought it was something to do with the crash.

Could you hear mobiles ringing?

Yeah. How could I forget?

There was so many not being answered.

Do you remember when Mick asked to borrow my phone at that memorial?

He said I had no credit left.

Well, actually, I did have some left. When I got back to the chambers, I

remember thinking... Pathetic, really, but I remember thinking, great, I've got

two quid left.

I hope you don't think this sounds too cheeky, but I heard you were looking for

somewhere till you find a new place.

Well, I'm not at home most of the time, cos I'm at my boyfriend's, so you're

kind of doing me a favour.

What, like a kind of guard dog?

Yeah.

Well, it's a big spare room, clean towels, nice view.

Well, it sounds like just what I'm looking for.

How much?

We've already paid the first three months' rent.

Denzel.

Oh.

Well, I know someone who'll approve of that.

No.

I've unearthed some large regular payments to Australia.

Internet betting firm in Sydney. They're for my boy, Zach.

You're supposed to tell us about any court orders.

It's not a court order. It's voluntary.

Oh, well, good.

Quick way to reduce the burden?

I'm not stopping my son's money.

Is your ex -wife single?

No. It's not the point. In Zach's money, it goes into a trust.

Did his mother ask you to? No.

I'm not ripping off my son.

I don't comply.

I'm trying to report you to the court and to the Professional Conduct

of the Bar Council.

Small favour. Could I possibly borrow a phone? I have to tell my wife I've been

left in it.

What's wrong with yours?

It doesn't like wind.

You don't get a service if there's no hour on a Monday. They're bloody cheap

phones. You recommended this to me to save money.

In the light of my highly expert witness's remarks about working

drivers, I would like to recall and cross -examine Robin Kazan. My

friend has already had the chance to cross -examine him thoroughly and didn't

take it. In the light of Sir Marshal Gillespie's evidence, I can't refuse,

Stein. But I am doubtful, Mr. Farmer.

Henry!

It's a present from me.

Your size.

Thanks. Oh, it's nothing. Thanks for giving me a bed, your darling. Oh, any

time. Sorry I had to throw you out.

That's all right, I'm sorted.

Who is it?

It's a friend.

What's the weather like?

Depressing. I'll be in touch.

Your client's going to jail.

You're a railway man, Mr. Casley.

Of course. I love the railways.

You've just accepted a new job as chief executive of cost structure of the

supermarket chain, right?

That is right.

While you were at Traxco, you commissioned a risk assessment into the

working hours on driver fatigue.

Yes, we did.

Which was upbeat and positive, and which replaced the risk assessment you

commissioned two years before and rejected.

It was based on inadequate data.

We have heard it was a highly detailed academic report.

Well, I'm sorry, but I felt it was very inaccurate and unfair.

Was that why you recommended to the Traxco board that by implementing the

findings of the first report, thereby reducing driver fatigue, they would

destroy Traxco's profits?

I'm sure I didn't put it like that.

I have the minutes here.

Did you further recommend to the board that cutbacks could be made by reducing

the turnaround time for minor technical problems?

Like air conditioning.

I have the minutes here.

I think it's outrageous I have to be subjected to this. I'm afraid you must

answer the question.

I did recommend we make savings. Yes, who doesn't these days? You made two

recommendations that last year led to the death of nine people.

You had a driver who was in many ways the perfect employee.

Never late.

Worked all the hours he could. And finally, was too frightened of the

to report that he couldn't go on anymore.

and was then asked to drive a train in temperatures that were estimated at 100

degrees.

What do you say to that?

How many people die on the roads because there's an accident at Black Spot?

Or because the council can't afford a bypass?

Do they sack the councillors?

Do they get vilified in public, their children spat at at school?

But people can take responsibility for their own safety on the roads, can't

they? On the trains, they're helpless.

They rely on you to look out for them, don't they?

Because you're the top man, aren't you? The only 100 % safe railway is one that

doesn't run.

Will somebody switch that phone off?

Who does it belong to?

Mine, my lady.

Then you can pay £25 for the barrister's benevolent fund and switch it off.

I will do. I apologise, my lady. I've received a text message.

The court isn't interested in what you've just received.

In fact, I might be able to clear up the matter of the mobile phone signal once

and for all, if the court would be prepared to indulge me.

The documents show research commissioned by the makers of the defendant's

mobile, Margetson Limited, which, as it happens, is the same make as my own.

You will note all the relevant passages which relate to their phone's poor

reception when certain exposed...

phone masts are affected by high winds.

At the time and in the area of the accident, the wind was blowing

Force 7, gusting Force 8.

Gale force conditions, similar to this afternoon, when our tests with a mobile

phone expert were done.

His report confirmed there is a strong likelihood there was no reception on the

defendant's phone within five miles of the accident site.

on the day of the accident.

And his phone was, to all intents and purposes, switched off.

On the count of manslaughter, guilty or not guilty?

Not guilty.

And is that the verdict of you all?

It is.

In my opinion, Mr. Westlake, I am satisfied that no reasonable person

blame you as an individual for this accident.

You can walk away from this court with your head held up high.

There are others.

who may feel they were extremely lucky not to have been tried in your place.

It is my strong personal feeling that it is in the public interest that the law

of corporate manslaughter is reformed.

I must compliment those people who are trying to do something about it.

I just heard you won.

Fantastic.

Bear keys.

Oh, fancy a drink?

Already booked. The bloke's birthday. I'll see you later at the flat.

Some people have all the luck.

Thank you.

Thanks for having me.

Daddy!

I had to direct my anger at someone.

Seems I got the wrong person.

All right.

Not too great.

Fancy a drink?

That'd be nice.

I'm sorry about you and the Baron.

Oh, well, it gets worse.

My children have decided to take their father's side.

Why?

My career.

Didn't pay Daddy enough attention.

And they don't want him to disinherit.

What are you going to do?

I'm going to divorce him to within an inch of his life.

I can't buy a drink because I don't have any money.

Oh, it's on me.

Never let it be said you're a bad loser.

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