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In the criminal justice system
the people are represented by
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00:00:02,640 --> 00:00:05,200
two separate
yet equally important groups -
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00:00:05,200 --> 00:00:07,400
the police, who investigate crime,
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00:00:07,400 --> 00:00:10,200
and the Crown Prosecutors
who prosecute the offenders.
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These are their stories.
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00:00:14,920 --> 00:00:16,600
Look, just ten minutes.
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Babes, I need you see you.
I'm going out of my mind here.
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Yeah, I know,
and I'm gonna tell her, I swear.
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Please! Your phone!
What are you doing?
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I need your phone! My son...
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He...
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Get the fire... There's a bloody
building burning down!
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Is there anyone else inside?
My son.
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My son's inside.
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Yeah, a boy. Above the newsagents,
Broadwater Estate, Tottenham.
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I don't know how long
it's been going.
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Yeah, OK. All right.
They're on their way.
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I hesitate to use the word "lucky"
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but it could have been
a hell of a lot worse.
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Right. Well, I tell you what, mate,
it looks bad enough to me.
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Yeah. The lad from the flat
didn't make it.
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CO asphyxiation.
That's the lad there.
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Looks like he never woke up.
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00:01:06,280 --> 00:01:07,960
We're talking suspicious origins?
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00:01:07,960 --> 00:01:10,280
Yeah, the guys reckon
an accelerant was used.
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But I can't tell you any more
until we get in there.
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So, anyone else in the flat, mate?
Just the mother.
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There's a daughter,
but she was at a sleepover.
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And what about the mum?
How's she doing?
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Well, about how you'd expect.
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Let me through!
Sorry, sir, you can't park there.
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I'm not moving my car.
Sir, it's a crime scene.
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Let me through! Seriously, man...
What's the problem?
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That's my shop!
OK, just move your car,
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but don't go anywhere -
we need to talk to you.
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Oh, man, I don't believe this!
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Sir, your car is obstructing
the ambulance.
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I lost everything!
There's a woman in that ambulance
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who's just lost her son. So how
about you shut up and move your car?
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Seriously?
Seriously.
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Paint thinner.
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They found the remains
of the container
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just in the entrance
to the flats there.
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Looks like
that's your point of origin.
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00:02:03,000 --> 00:02:06,440
They'll run tests to confirm,
but if it quacks like a duck...
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00:02:06,440 --> 00:02:10,160
Well, whoever did it wasn't worried
about covering their tracks.
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That's the great thing about arson -
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equal opportunity crime.
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Any moron can light a fire.
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00:03:02,120 --> 00:03:05,960
Poor Ian. Terrible what happened
in that fire.
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I'm afraid I can't offer you
any tea,
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only I'm having one of my bad days.
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We're fine. Really.
Are you sure?
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It's beautiful, sweetheart.
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You and your mum can stay here
as long as you need to.
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She's pretty, isn't she, Katie?
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Er... Megan,
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I understand Ian had
learning difficulties.
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Right.
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00:03:37,000 --> 00:03:40,120
And do you mind telling us
what was the matter with him?
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He had developmental problems.
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He had trouble with his breathing.
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And...he was...
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..he was slow with stuff and...
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..he didn't like noise.
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I tried to get him out of there.
I did, I tried.
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The handle was too hot.
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I shouldn't have left him in there.
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00:04:18,040 --> 00:04:20,920
How old was the boy that died?
Just turned 13.
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No chance of prints
off the bottle of paint stripper?
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00:04:23,800 --> 00:04:26,320
No, it was too badly burnt.
The DNA's a no-go as well.
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00:04:26,320 --> 00:04:28,920
And I'm guessing it's available
at all good retailers.
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00:04:28,920 --> 00:04:31,040
Well, you wouldn't want to make it
too easy.
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00:04:31,040 --> 00:04:33,320
Any sign of forced entry?
Doesn't look like it.
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00:04:33,320 --> 00:04:36,040
The mum made her escape
from a fire exit on the first floor,
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but according to her statement, it
was still locked when she got there.
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So she wakes up, she smells smoke...
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She tries to save her son,
then she goes for help.
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00:04:43,720 --> 00:04:45,760
Do we know who owns the building?
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00:04:45,760 --> 00:04:48,880
Well, the flats are owned
by a management company.
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00:04:48,880 --> 00:04:51,160
If it's an insurance scam,
it's a pretty bad one.
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00:04:51,160 --> 00:04:53,320
They should have tried to fake
a forced entry.
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00:04:53,320 --> 00:04:55,880
And as far as I can see,
they've got nothing to gain by it.
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The shop downstairs
is another story, though.
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Owned by one Sanjit Chatterjee,
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00:04:59,720 --> 00:05:02,040
currently under investigation
for unpaid VAT
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00:05:02,040 --> 00:05:04,080
and selling alcohol
without a licence.
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00:05:04,080 --> 00:05:06,480
He's already got one failed business
under his belt,
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00:05:06,480 --> 00:05:09,440
declared bankrupt in 2006
at the tender age of 25.
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00:05:09,440 --> 00:05:12,160
So, not exactly
Young Entrepreneur of the Year.
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And he's got a stupid beard.
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That's enough for me.
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00:05:18,560 --> 00:05:21,520
So I see here you had a flood
six months ago.
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Yeah, a burst pipe.
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Careful, man, uh?
Sorry, boss.
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You claimed ten grand's worth
of damages.
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Yeah, a lot of stock got damaged.
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00:05:32,240 --> 00:05:35,080
And the year before that,
there was an electrical fire.
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Another five grand
claimed on the insurance.
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00:05:37,800 --> 00:05:41,320
So, fire, flood - all you need now
is an act of God.
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So what, you think I did this?
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We know you've got
cash flow problems,
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00:05:45,200 --> 00:05:46,840
as far as the VAT man's concerned,
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and it wouldn't be the first time
you've cut your losses.
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00:05:49,480 --> 00:05:51,040
Oh, here we go.
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00:05:51,040 --> 00:05:53,080
Look, I was young.
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Decided to try my hand
at the music business.
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It didn't work out.
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00:05:57,040 --> 00:06:00,280
As for the VAT, my accountant
stuffed up. That was all.
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00:06:00,280 --> 00:06:02,200
I'm getting it sorted.
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00:06:02,200 --> 00:06:04,600
But a nice big insurance claim
should help a lot.
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00:06:04,600 --> 00:06:07,960
Yeah, it would. Trouble is,
I couldn't afford the premiums.
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00:06:07,960 --> 00:06:10,000
You claim once, it's bad enough.
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00:06:10,000 --> 00:06:12,280
But claim twice, forget about it.
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You're saying you're not insured?
I had to take a payment break.
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Talk about timing
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Devlin.
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Seriously, man,
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my grandparents put their savings
into this place.
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My whole family help out.
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There is no way I'd torch it.
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Yeah, sure, we'll head over there.
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00:06:36,600 --> 00:06:40,040
Megan Parnell,
the woman from the flat,
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she made several complaints
to her Safe Neighbourhood team.
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00:06:42,920 --> 00:06:45,160
Some of the local lads
were giving her a hard time
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over her son having special needs.
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00:06:47,200 --> 00:06:49,240
Right. And how bad did it get?
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Bad enough
to get one of them an ASBO.
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00:06:59,920 --> 00:07:01,640
Yeah, what?
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00:07:01,640 --> 00:07:05,200
Simone Lewis? DS Brooks, DS Devlin.
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00:07:05,200 --> 00:07:07,240
We need talk to you about your sons.
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00:07:07,240 --> 00:07:10,400
Which ones?
Aaron and Lee.
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00:07:10,400 --> 00:07:12,160
Oh, not this again!
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00:07:12,160 --> 00:07:14,480
Leave them alone, can't you?
They're just kids.
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We're investigating a fire
at the home of Megan Parnell.
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00:07:22,280 --> 00:07:23,760
Oh, yeah?
Yeah.
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00:07:23,760 --> 00:07:26,800
And we understand that your boys
have been giving Megan and her kids
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00:07:26,800 --> 00:07:29,360
a bit of a hard time.
Yeah.
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00:07:29,360 --> 00:07:30,680
So what?
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00:07:30,680 --> 00:07:33,560
So perhaps you wouldn't mind
telling us where they were
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at one o'clock this morning.
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Just answer the question, Aaron.
Sorry, did you say something?
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You know what I reckon, Lee?
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00:07:45,920 --> 00:07:48,640
I just think you're playing with us,
I really do.
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I mean, how old are you? Nine? Ten?
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11...wanker.
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00:07:53,880 --> 00:07:56,960
Wanker?! That's a bit harsh.
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00:07:56,960 --> 00:07:59,640
Where were you
at one o'clock this morning?
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00:08:01,480 --> 00:08:04,200
Nah, sorry. I don't speak gay.
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00:08:04,200 --> 00:08:07,360
I'm quite a nice bloke when you get
to know me. Or so I'm told.
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00:08:07,360 --> 00:08:10,400
It's not just your hair that looks
gay. You've even got a gay face.
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00:08:11,960 --> 00:08:14,560
I mean, how old's Aaron? He's 13.
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00:08:14,560 --> 00:08:16,520
I think he reckons he's too cool
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00:08:16,520 --> 00:08:19,040
to be hanging around
with his little brother any more.
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00:08:19,040 --> 00:08:20,400
No, he don't.
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00:08:20,400 --> 00:08:23,160
Did you always know
you was a bender?
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Is that why you became a copper?
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Doesn't he think
you're cramping his style?
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00:08:28,360 --> 00:08:30,800
He's acting the big "I am"
with all his mates,
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00:08:30,800 --> 00:08:34,040
trying to impress them,
meanwhile you're stuck at home,
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cos he wants to be out
with kids his own age.
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He thinks you're a baby.
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He couldn't even get in without me.
The window's too small.
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Right. I see it now.
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So he's the brains
and you're the brawn.
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00:08:48,040 --> 00:08:50,280
How small is this window, then?
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00:08:50,280 --> 00:08:52,760
They were at school
in the middle of the night?!
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00:08:52,760 --> 00:08:54,600
Won't set foot in the place
in daylight,
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00:08:54,600 --> 00:08:57,000
but spend their nights
trashing school property.
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00:08:57,000 --> 00:08:58,440
We believe them?
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00:08:58,440 --> 00:09:00,960
Camera footage has them
near the school gates at 12:10
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00:09:00,960 --> 00:09:02,720
and then again at 3:30 this morning.
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00:09:02,720 --> 00:09:04,520
What were they doing
for three hours?
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00:09:04,520 --> 00:09:07,600
According to the head teacher,
defecating in the Home Ec lab.
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Amongst other things.
For three hours?!
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00:09:10,840 --> 00:09:12,760
We can charge them
with criminal damage,
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00:09:12,760 --> 00:09:14,760
and then we have to let them go.
Why bother?
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00:09:14,760 --> 00:09:16,440
They'll only be back here next week.
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Might be a little bit longer. I put
the frighteners on the little one.
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00:09:19,560 --> 00:09:21,800
Impart some fatherly wisdom,
did you, Ron?
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00:09:21,800 --> 00:09:24,880
Well, it wouldn't be the first
young tearaway I've had to sort out.
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Eh, Matty?
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00:09:26,320 --> 00:09:30,600
OK, so one of the neighbours thinks
she saw a white, middle-aged man,
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00:09:30,600 --> 00:09:33,480
medium height, medium build,
knock on the door late afternoon
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00:09:33,480 --> 00:09:36,080
and then walk away.
Other than that, we've got nothing.
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00:09:36,080 --> 00:09:39,120
According to social services,
the CSA have been after Megan's ex
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00:09:39,120 --> 00:09:41,560
for the past year for non-payment
of maintenance.
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00:09:41,560 --> 00:09:44,120
Apparently,
Parnell's got a bit of a temper.
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There's a note on here and it says
"He is extremely abusive
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00:09:47,640 --> 00:09:50,040
and uncooperative."
Hardly a first.
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00:09:50,040 --> 00:09:53,080
Yeah, but what are the odds he's
white, middle-aged, medium height
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00:09:53,080 --> 00:09:55,120
and medium build?
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00:09:55,120 --> 00:09:58,080
Ian's what, 13?
Yeah.
194
00:09:58,080 --> 00:10:01,840
So that gives Craig
another five years of payments.
195
00:10:01,840 --> 00:10:04,320
For a son he wanted nothing
to do with. Or so we're told.
196
00:10:04,320 --> 00:10:07,200
So he kills his son to save money.
197
00:10:08,880 --> 00:10:10,920
I've known people kill for less.
198
00:10:14,960 --> 00:10:17,080
When did you last see your son?
199
00:10:17,080 --> 00:10:19,120
Oh... I dunno.
200
00:10:19,120 --> 00:10:20,800
A month ago, maybe two.
201
00:10:20,800 --> 00:10:23,040
Really?
202
00:10:24,240 --> 00:10:27,960
Yeah. Me and his mum,
we don't get on.
203
00:10:27,960 --> 00:10:31,520
I understand there's been problems
regarding maintenance payments.
204
00:10:31,520 --> 00:10:34,360
Megan been
bending your ear, has she?
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00:10:34,360 --> 00:10:37,040
It must be an expensive business,
supporting a family
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00:10:37,040 --> 00:10:38,960
and trying to start a new life
yourself.
207
00:10:40,560 --> 00:10:42,160
Look, Ian belonged in a home.
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00:10:42,160 --> 00:10:44,640
Megan wouldn't have it,
wanted to keep him with her.
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00:10:44,640 --> 00:10:46,360
He was her son.
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00:10:46,360 --> 00:10:47,880
And I was the one forking out.
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00:10:47,880 --> 00:10:51,320
He'd have been better off somewhere
they could look after him properly.
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00:10:51,320 --> 00:10:52,960
Seems a bit extreme, doesn't it?
213
00:10:52,960 --> 00:10:55,640
Residential care for a kid
with learning difficulties?
214
00:10:55,640 --> 00:10:57,680
Learning difficulties?!
215
00:10:57,680 --> 00:10:59,560
He was full-on retarded!
216
00:10:59,560 --> 00:11:02,720
He was 13 years old
and still wearing nappies!
217
00:11:02,720 --> 00:11:05,000
Is that why you and Megan split up?
218
00:11:05,960 --> 00:11:08,400
I guess I wasn't cut out
to be a dad.
219
00:11:08,400 --> 00:11:10,440
Not for a kid like that.
220
00:11:11,520 --> 00:11:12,760
So sue me.
221
00:11:12,760 --> 00:11:16,120
So you weren't outside Megan's flat
Monday afternoon?No.
222
00:11:17,320 --> 00:11:18,920
Why, has someone said I was, like?
223
00:11:18,920 --> 00:11:20,720
Would it change your story
if they had?
224
00:11:24,480 --> 00:11:27,480
OK, fine. Yeah, I went round there.
225
00:11:27,480 --> 00:11:30,640
I'm just fed up with the hassle
I'm getting from the CSA.
226
00:11:30,640 --> 00:11:32,400
I wanted to talk to Megan
face to face.
227
00:11:32,400 --> 00:11:34,720
And what happened?
Nothing. She wasn't there.
228
00:11:34,720 --> 00:11:38,120
Why lie about it?
I don't need more...hassle!
229
00:11:38,120 --> 00:11:41,840
Or maybe you went round there later,
say 1:00am.
230
00:11:41,840 --> 00:11:45,520
Just forget it. I was with
my girlfriend. Went out for dinner,
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00:11:45,520 --> 00:11:47,360
afterwards we went back to her place.
232
00:11:48,400 --> 00:11:50,920
Parnell's girlfriend
has confirmed his alibi.
233
00:11:50,920 --> 00:11:55,920
She also said that his son, Ian, had
a thing about playing with matches,
234
00:11:55,920 --> 00:11:59,760
and if anyone was gonna start a fire,
it would probably have been him.
235
00:11:59,760 --> 00:12:02,640
Well, neither Mum nor Dad mentioned
this obsession with fire.
236
00:12:02,640 --> 00:12:04,680
No, funny that.
237
00:12:04,680 --> 00:12:08,080
So, what? This girl's going
the extra mile to stand by her man?
238
00:12:08,080 --> 00:12:10,880
Which probably makes her man
even more of a likely suspect.
239
00:12:10,880 --> 00:12:13,640
Still, it wouldn't hurt
to rule the boy out altogether.
240
00:12:13,640 --> 00:12:16,200
Is there any way he could have
got hold of paint thinner?
241
00:12:16,200 --> 00:12:19,640
We can check, but whether he knew
what it was is another matter.
242
00:12:23,200 --> 00:12:26,720
No, not possible. I keep everything
locked up in the cupboard.
243
00:12:26,720 --> 00:12:29,840
Where do you keep the keys?
On the ledge above the door.
244
00:12:31,560 --> 00:12:34,520
That's not the most original place
to hide it, is it?
245
00:12:34,520 --> 00:12:36,440
Who's gonna be looking?
246
00:12:38,880 --> 00:12:41,400
Did Ian know you kept it up there?
247
00:12:42,560 --> 00:12:44,280
Maybe.
248
00:12:44,280 --> 00:12:47,400
I come here, what,
two, three times a month.
249
00:12:48,360 --> 00:12:50,560
I do all the maintenance
for the building.
250
00:12:50,560 --> 00:12:53,600
Ian - he didn't like noise.
251
00:12:53,600 --> 00:12:56,000
But if it was a quiet job, you know,
252
00:12:56,000 --> 00:12:58,080
like changing light bulbs
or something,
253
00:12:58,080 --> 00:13:01,040
sometimes he'd sit and watch.
It gave his mum a break, you know.
254
00:13:01,040 --> 00:13:04,920
Mm-hm. And where do you normally keep
the paint thinner?
255
00:13:04,920 --> 00:13:06,200
In there with the paint.
256
00:13:08,560 --> 00:13:10,600
Well, I can't see any.
257
00:13:15,320 --> 00:13:17,360
Well, it was there.
258
00:13:21,960 --> 00:13:26,280
Ian had a rare condition known as
Childhood Disintegrative Disorder.
259
00:13:26,280 --> 00:13:28,960
It's sometimes known as
Heller's Syndrome.
260
00:13:28,960 --> 00:13:31,920
Sometimes the condition plateaus.
261
00:13:31,920 --> 00:13:34,800
But sadly, with Ian
he continued to deteriorate.
262
00:13:34,800 --> 00:13:38,000
And when you say deteriorate,
to what extent are we talking about?
263
00:13:38,000 --> 00:13:40,120
He required constant monitoring
264
00:13:40,120 --> 00:13:42,840
for his respiratory
and digestive functions.
265
00:13:42,840 --> 00:13:47,560
He also became increasingly
aggressive and violent.
266
00:13:47,560 --> 00:13:50,760
And there was a marked deterioration
in his motor skills.
267
00:13:50,760 --> 00:13:54,240
Would he have been able
to unlock a door?
268
00:13:55,320 --> 00:13:57,360
What about
climbing up onto something,
269
00:13:57,360 --> 00:14:00,440
getting a key off a ledge?
No. Not Ian.
270
00:14:01,480 --> 00:14:03,520
By the time he left here,
271
00:14:03,520 --> 00:14:06,040
he couldn't get a spoon
to his mouth.
272
00:14:07,720 --> 00:14:10,120
Right, well, thanks very much
for your time.
273
00:14:11,000 --> 00:14:14,840
You know, Ian used to be
a sweet, happy boy.
274
00:14:14,840 --> 00:14:18,240
His mother wanted so badly
to believe he would get better.
275
00:14:18,240 --> 00:14:21,600
When she finally understood
he was only going to get worse,
276
00:14:21,600 --> 00:14:24,320
I watched it sink in.
277
00:14:24,320 --> 00:14:26,000
And to be honest...
278
00:14:27,240 --> 00:14:29,280
..I thought it would kill her.
279
00:14:30,480 --> 00:14:33,000
She wouldn't be the first.
I know.
280
00:14:34,120 --> 00:14:37,000
She was at the scene,
she had access to the accelerant.
281
00:14:37,000 --> 00:14:39,040
I know.
282
00:14:41,280 --> 00:14:43,440
Why do people ever decide
to have kids
283
00:14:43,520 --> 00:14:47,080
when you've got no idea of what
you're letting yourself in for?
284
00:14:47,080 --> 00:14:50,240
Well, you've just got to love them
and hope for the best.
285
00:14:51,840 --> 00:14:53,440
What if there is no hope?
286
00:14:54,440 --> 00:14:56,480
OK, this is Megan's bedroom.
287
00:14:57,640 --> 00:15:00,560
What am I looking at?
According to her statement,
288
00:15:00,560 --> 00:15:03,520
Megan said she woke up, smelt smoke
and then ran out of the room.
289
00:15:03,520 --> 00:15:05,560
Does that bed look slept in to you?
290
00:15:05,560 --> 00:15:09,200
Plus, the bedroom door was shut.
291
00:15:09,200 --> 00:15:11,600
That's why there's so little
fire damage in there.
292
00:15:11,600 --> 00:15:13,640
And then there's this.
293
00:15:13,640 --> 00:15:16,840
She told us that she tried
to get Ian out, but she couldn't
294
00:15:16,840 --> 00:15:18,920
because the door handle was too hot
to touch.
295
00:15:18,920 --> 00:15:21,920
Except Ian's door was already open.
296
00:15:21,920 --> 00:15:24,320
She wouldn't have had to touch
the handle.
297
00:15:24,320 --> 00:15:27,240
Look, it was dark, she was
surrounded by flames and smoke,
298
00:15:27,240 --> 00:15:29,440
she was disorientated.
Guv, it's not...
299
00:15:29,440 --> 00:15:33,000
I'm serious. Before I accuse a
mother of killing her child...Guv,
300
00:15:33,000 --> 00:15:35,920
I'm sorry, that's the lab.
301
00:15:35,920 --> 00:15:38,800
They've finished testing items
from the scene.
302
00:15:40,040 --> 00:15:41,880
Megan Parnell's sweatshirt.
303
00:15:41,880 --> 00:15:44,320
It's got paint thinner on it.
304
00:15:47,440 --> 00:15:49,480
Bring her in.
305
00:15:49,480 --> 00:15:51,520
I don't understand.
306
00:15:51,520 --> 00:15:54,840
Well, Megan, you told us
that you woke up
307
00:15:54,840 --> 00:15:57,160
and then you went to save Ian.
308
00:15:57,160 --> 00:15:59,200
That's right.
309
00:15:59,200 --> 00:16:01,240
I tried to get him out.
310
00:16:01,240 --> 00:16:04,680
Well, we think that you never
went to bed in the first place.
311
00:16:04,680 --> 00:16:07,680
What?
Your bed was still made.
312
00:16:10,600 --> 00:16:13,120
And the door to your bedroom
was shut tight.
313
00:16:15,040 --> 00:16:17,080
That's what slowed the fire down.
314
00:16:18,920 --> 00:16:21,240
I don't know what
you're talking about.
315
00:16:22,160 --> 00:16:24,200
Well, you see, Megan...
316
00:16:26,960 --> 00:16:31,840
..we think you waited
till Ian fell asleep...
317
00:16:32,840 --> 00:16:36,000
..then you went down
and got the paint thinner,
318
00:16:36,000 --> 00:16:38,080
you poured it on the stairs,
319
00:16:38,080 --> 00:16:39,720
you lit it,
320
00:16:39,720 --> 00:16:42,680
and then you made your escape
through the fire exit.
321
00:16:42,680 --> 00:16:46,000
No. That's not what happened.
322
00:16:46,000 --> 00:16:48,400
Well, you see, Megan,
323
00:16:48,400 --> 00:16:51,520
we know that things got
really desperate for you.
324
00:16:52,600 --> 00:16:57,200
Maybe...maybe you didn't mean
for Ian to die,
325
00:16:57,200 --> 00:16:59,520
maybe you were just trying
to let someone know
326
00:16:59,520 --> 00:17:01,560
that you really needed help.
327
00:17:01,560 --> 00:17:04,600
No, it...it wasn't like that,
I swear.
328
00:17:08,040 --> 00:17:10,080
You see, all this evidence...
329
00:17:11,040 --> 00:17:13,080
..it leads to one conclusion, Megan.
330
00:17:14,680 --> 00:17:16,840
That you started that fire,
331
00:17:16,840 --> 00:17:19,040
and you left your son to die.
332
00:17:23,640 --> 00:17:27,080
My lady, my client has already
had to endure
333
00:17:27,080 --> 00:17:29,080
the untimely death of one child.
334
00:17:29,080 --> 00:17:32,160
I would ask that she not be
separated from her remaining child
335
00:17:32,160 --> 00:17:34,160
pending the resolution
of this matter.
336
00:17:35,320 --> 00:17:37,400
Miss Phillips.
We believe the defendant
337
00:17:37,400 --> 00:17:40,400
to be responsible for
the untimely death of her child.
338
00:17:40,400 --> 00:17:43,440
Given the nature of the crime,
we maintain bail should be refused.
339
00:17:43,440 --> 00:17:47,840
My Lady, this will only compound
a grieving mother's suffering.
340
00:17:47,840 --> 00:17:49,400
And based on what?
341
00:17:49,400 --> 00:17:51,280
The defendant
is charged with murder.
342
00:17:51,280 --> 00:17:54,960
The Crown would not have undertaken
this prosecution without evidence.
343
00:17:54,960 --> 00:17:57,040
I believe
that is yet to be demonstrated.
344
00:17:57,040 --> 00:17:59,760
That is why we have trials, Mr Peck.
345
00:18:03,720 --> 00:18:05,760
Hey.
346
00:18:05,760 --> 00:18:08,400
I hope you didn't take that
personally.Sorry?
347
00:18:08,400 --> 00:18:10,360
I thought I should bring out
the big guns,
348
00:18:10,360 --> 00:18:13,320
seeing as the poor woman's innocent.
Are you sure about that?
349
00:18:13,320 --> 00:18:16,040
Absolutely. As long as she doesn't
tell me any different.
350
00:18:16,040 --> 00:18:18,520
It's Alesha, right? Dominic.
351
00:18:18,520 --> 00:18:20,960
I'm glad to have an excuse
to get to know you at last.
352
00:18:20,960 --> 00:18:24,720
Your average female barrister
looks like a pig in a wig.
353
00:18:24,720 --> 00:18:27,440
Excuse me?
Come on, you know it's true.
354
00:18:27,440 --> 00:18:30,480
I think we're gonna have
a lot of fun, you and I.
355
00:18:30,480 --> 00:18:33,120
I mean, I'm not saying
it won't be a challenge,
356
00:18:33,120 --> 00:18:36,200
selling the lovely Mrs Parnell
to a jury.
357
00:18:36,200 --> 00:18:38,360
But hey,
it's all in the presentation.
358
00:18:38,360 --> 00:18:41,920
And as far as I can remember,
being fat and stupid isn't a crime.
359
00:18:41,920 --> 00:18:43,360
More's the pity.
360
00:18:44,760 --> 00:18:46,800
Now, Mrs Parnell, where were we?
361
00:18:46,800 --> 00:18:48,840
I thought the evidence
was conclusive?
362
00:18:48,840 --> 00:18:51,880
Yeah, it is.
So why plead not guilty?
363
00:18:51,880 --> 00:18:54,520
Does her lawyer know something
that we don't?
364
00:18:54,520 --> 00:18:56,200
Doubt it. The guy's an idiot.
365
00:18:56,200 --> 00:19:00,760
He's just hoping that the jury will
find her too sympathetic to convict.
366
00:19:00,760 --> 00:19:02,800
And is she?
Hardly.
367
00:19:02,800 --> 00:19:05,960
This wasn't some kind of
compassionate mercy killing.
368
00:19:05,960 --> 00:19:09,360
She set fire to a building
with her disabled son trapped inside
369
00:19:09,360 --> 00:19:11,960
and she didn't care how many
other lives she put in danger.
370
00:19:11,960 --> 00:19:13,960
Still, it's a highly emotive
situation.
371
00:19:13,960 --> 00:19:16,440
She'd cared for a severely disabled
child for years
372
00:19:16,440 --> 00:19:18,400
with little or no support.
373
00:19:18,400 --> 00:19:20,400
They're bound to use his condition
374
00:19:20,400 --> 00:19:22,680
to cultivate sympathy
for the defendant.
375
00:19:22,680 --> 00:19:25,200
Fair enough, we're not saying
she wasn't struggling,
376
00:19:25,200 --> 00:19:27,000
but it's no justification for murder.
377
00:19:27,000 --> 00:19:30,160
They could go down the route
of diminished responsibility.
378
00:19:30,160 --> 00:19:33,240
You said she was on antidepressants
for the last couple of years.
379
00:19:33,240 --> 00:19:36,120
No, they don't have grounds
for diminished responsibility.
380
00:19:36,120 --> 00:19:38,640
She had a full psych assessment
when she was in custody
381
00:19:38,640 --> 00:19:40,280
and nothing was flagged up?
Mm-mm.
382
00:19:40,280 --> 00:19:44,000
It would be good to establish
state of mind before the event.
383
00:19:44,000 --> 00:19:47,560
You said that Megan visited
the emergency department with Ian
384
00:19:47,560 --> 00:19:49,640
two days prior to the fire.
Mm-hm.
385
00:19:49,640 --> 00:19:53,240
OK, so we talk to the doctor
that saw them -
386
00:19:53,240 --> 00:19:56,760
get a professional opinion.
Very good. Good.
387
00:19:56,760 --> 00:19:59,120
Go forth and prosecute.
388
00:20:01,080 --> 00:20:03,120
No, there was no abuse involved.
389
00:20:03,120 --> 00:20:06,720
The skull fracture came from
autistic type head-banging.
390
00:20:06,720 --> 00:20:10,120
The broken wrist was sustained
during epileptic seizure,
391
00:20:10,120 --> 00:20:12,360
and the broken ribs
came from a fall.
392
00:20:12,360 --> 00:20:14,680
We also treated his mother
on several occasions.
393
00:20:14,680 --> 00:20:15,880
What for?
394
00:20:15,880 --> 00:20:18,160
The last time was when
she tried to hold him down
395
00:20:18,160 --> 00:20:20,440
to protect him during a seizure.
He threw her off
396
00:20:20,440 --> 00:20:22,040
and she chipped a bone in her elbow.
397
00:20:22,040 --> 00:20:23,720
Was it deliberate?
No.
398
00:20:23,720 --> 00:20:25,840
No, he wouldn't have known
what he was doing,
399
00:20:25,840 --> 00:20:29,000
but the situation was obviously
becoming impossible.
400
00:20:29,000 --> 00:20:32,000
The last time we spoke, I...
401
00:20:32,960 --> 00:20:35,720
..suggested she rethink the idea
of residential care.
402
00:20:35,720 --> 00:20:37,160
And what did she say?
403
00:20:37,160 --> 00:20:40,320
She said if it came to that,
he'd be better off dead.
404
00:20:46,120 --> 00:20:48,000
It is also the contention
of the defence
405
00:20:48,000 --> 00:20:50,720
that the evidence given by
Dr Schreiber should be excluded
406
00:20:50,720 --> 00:20:52,280
under Section 78 of PACE.
407
00:20:52,280 --> 00:20:54,320
11.
Not to mention the fact that
408
00:20:54,320 --> 00:20:58,080
it falls squarely under the heading
of patient-doctor privilege.
409
00:20:58,080 --> 00:21:00,120
Er... My Lady,
410
00:21:00,120 --> 00:21:04,360
it was, in fact, Mrs Parnell's son
who was the patient
411
00:21:04,360 --> 00:21:07,440
at the time she made the statement.
Then privilege is irrelevant -
412
00:21:07,440 --> 00:21:09,960
as are your other objections,
Mr Peck.
413
00:21:09,960 --> 00:21:13,160
In that case, I also wish to apply
to exclude the sweatshirt
414
00:21:13,160 --> 00:21:16,480
worn by Mrs Parnell on the night of
the fire, under Section 78 of PACE.
415
00:21:16,480 --> 00:21:17,880
12.
416
00:21:17,880 --> 00:21:22,440
How can the prosecution claim that
it is the exact same paint thinner
417
00:21:22,440 --> 00:21:24,240
that was used to start the fire?
418
00:21:24,240 --> 00:21:28,320
I believe that's a question
for our expert witness, My Lady.
419
00:21:28,320 --> 00:21:31,320
But there's also the manner in which
the sweatshirt was obtained.
420
00:21:31,320 --> 00:21:33,240
Mr Peck, please stop!
421
00:21:33,240 --> 00:21:36,360
The sweatshirt stays in.
422
00:21:36,360 --> 00:21:38,920
I suggest you quit while you're...
423
00:21:39,800 --> 00:21:41,760
Well, I suggest you quit anyway.
424
00:21:41,760 --> 00:21:44,480
Trial is listed
for 10:00am tomorrow.
425
00:21:44,480 --> 00:21:46,920
I see no reason to delay
any further.
426
00:21:49,600 --> 00:21:53,200
Do you think he's read anything other
than Section 78 of PACE?
427
00:21:53,200 --> 00:21:55,240
I doubt he's even read that.
428
00:21:57,040 --> 00:22:00,080
Dominic Peck, OK?
429
00:22:01,240 --> 00:22:03,680
No, I won't be able to do it
within the hour.
430
00:22:03,680 --> 00:22:05,720
Well, I'll try.
431
00:22:05,720 --> 00:22:08,200
Excuse me,
432
00:22:08,200 --> 00:22:10,840
do you know what time
we're meant to go back in?
433
00:22:10,840 --> 00:22:13,440
We'll be starting again at 2:00.
434
00:22:14,560 --> 00:22:18,760
Oh. It's just they said I could see
my little girl today.
435
00:22:18,760 --> 00:22:20,440
Really? Who told you that?
436
00:22:20,440 --> 00:22:24,320
Now, now, Mrs Parnell,
no fraternising with the enemy.
437
00:22:24,320 --> 00:22:26,600
Come on.
438
00:22:32,320 --> 00:22:35,880
Have you ever come across someone
waking up with their home on fire
439
00:22:35,880 --> 00:22:38,840
taking time to make the bed
before leaving the building?
440
00:22:38,840 --> 00:22:41,000
Not in my experience.
441
00:22:41,000 --> 00:22:43,360
Thank you. No further questions.
442
00:22:46,440 --> 00:22:50,680
Mr Harris, in warm weather
I'm sure most of us tend to sleep
443
00:22:50,680 --> 00:22:52,160
on top of the covers.
444
00:22:52,160 --> 00:22:54,720
The night of the fire,
it was below freezing.
445
00:22:55,840 --> 00:22:58,440
But still, if someone were reading
a book or a magazine,
446
00:22:58,440 --> 00:23:00,560
they might fall asleep
on top of the covers,
447
00:23:00,560 --> 00:23:03,040
regardless of the temperature,
mightn't they?
448
00:23:03,040 --> 00:23:04,640
Well, they might.
449
00:23:05,880 --> 00:23:09,000
Thank you.
But no books or magazines
450
00:23:09,000 --> 00:23:11,200
were found by the defendant's bed.
451
00:23:15,120 --> 00:23:19,520
I told her she should consider
placing him in residential care.
452
00:23:19,520 --> 00:23:20,960
And what was her response?
453
00:23:22,080 --> 00:23:25,640
She was worried that other people
wouldn't look after him properly.
454
00:23:25,640 --> 00:23:29,520
I know there had been difficulties
when they had tried respite care.
455
00:23:29,520 --> 00:23:32,520
But I told her it would be different
if he was found a permanent place
456
00:23:32,520 --> 00:23:34,040
in a suitable institution.
457
00:23:34,040 --> 00:23:36,360
But she was still unconvinced?
458
00:23:36,360 --> 00:23:38,400
She became very upset.
459
00:23:40,200 --> 00:23:42,640
She said
if it came to putting him in a home,
460
00:23:42,640 --> 00:23:45,120
he'd be better off dead.
461
00:23:47,640 --> 00:23:49,680
Thank you, Doctor.
462
00:23:51,480 --> 00:23:53,920
Dr Schreiber,
463
00:23:53,920 --> 00:23:57,880
I'm sure you're aware that people
exaggerate sometimes for effect.
464
00:23:57,880 --> 00:23:59,000
Of course.
465
00:23:59,000 --> 00:24:01,560
Did you think he wanted him dead?
My Lady...
466
00:24:01,560 --> 00:24:05,160
Let's avoid speculation, Mr Peck.
My Lady.
467
00:24:05,160 --> 00:24:08,120
Did she say she wanted him dead?
No.
468
00:24:08,120 --> 00:24:11,680
In fact, did she not ask you about
alternative treatments for her son?
469
00:24:11,680 --> 00:24:12,800
Yes, she did.
470
00:24:12,800 --> 00:24:15,880
She told you that she'd try
anything, anything at all,
471
00:24:15,880 --> 00:24:18,200
if it meant
getting her little boy back.
472
00:24:18,200 --> 00:24:22,200
Yes, she did. She desperately wanted
to improve his quality of life.
473
00:24:22,200 --> 00:24:25,840
Quite the opposite to wanting
to end his life, wouldn't you say?
474
00:24:26,680 --> 00:24:29,920
Thank you, Doctor.
I have nothing further.
475
00:24:32,720 --> 00:24:35,080
Did you see the look
on the jury's faces?
476
00:24:35,080 --> 00:24:37,520
He has them seeing it
as an act of mercy.
477
00:24:37,520 --> 00:24:39,640
There's a risk of a "not guilty"
here,
478
00:24:39,640 --> 00:24:41,640
even with an idiot like Peck.
479
00:24:41,640 --> 00:24:45,880
Simply because they're feeling
that poor woman's pain.
480
00:24:47,080 --> 00:24:49,120
I think George could be right.
481
00:24:49,920 --> 00:24:52,960
I know that, given the facts,
the charge had to be murder
482
00:24:52,960 --> 00:24:54,640
but it just doesn't feel right.
483
00:24:54,640 --> 00:24:57,560
I just don't understand why Peck
didn't go for manslaughter,
484
00:24:57,560 --> 00:24:59,680
using the doctor's statement
as evidence
485
00:24:59,680 --> 00:25:01,280
of severe emotional distress.
486
00:25:01,280 --> 00:25:03,640
It's what any other defence lawyer
would have done.
487
00:25:03,640 --> 00:25:06,800
Well, sadly, we can't guarantee
the quality of opposing counsel.
488
00:25:07,960 --> 00:25:09,400
Maybe...
489
00:25:10,360 --> 00:25:13,640
..we can force this particular
counsel to do the right thing.
490
00:25:13,640 --> 00:25:15,920
And what do you have in mind?
491
00:25:15,920 --> 00:25:17,960
I'll talk to him.
492
00:25:17,960 --> 00:25:20,520
Tell him we'll accept
a plea to manslaughter
493
00:25:20,520 --> 00:25:23,720
and hope he's got sense enough
to agree.
494
00:25:25,320 --> 00:25:26,920
Interesting.
495
00:25:26,920 --> 00:25:30,400
I think you'll agree it's in
the best interests of your client.
496
00:25:30,400 --> 00:25:32,800
Well,
I think that's for me to decide.
497
00:25:32,800 --> 00:25:34,600
No, it's for Megan to decide.
498
00:25:34,600 --> 00:25:36,560
You know,
the woman you're representing?
499
00:25:36,560 --> 00:25:38,600
Manslaughter.
500
00:25:39,680 --> 00:25:43,360
That'd mean a definite prison
sentence, though, wouldn't it?
501
00:25:43,360 --> 00:25:45,400
Yup. Usually does.
502
00:25:45,400 --> 00:25:48,000
All Megan wants to do
is stay with little Kayleigh.
503
00:25:48,000 --> 00:25:50,040
It's Katie.
Exactly.
504
00:25:50,040 --> 00:25:53,280
And I promised her I'd do
my damndest to make that happen.
505
00:25:53,280 --> 00:25:55,240
You shouldn't have promised her
anything.
506
00:25:55,240 --> 00:25:58,440
Hey, it's always good
to give the ladies hope.
507
00:26:02,720 --> 00:26:04,280
As predicted,
508
00:26:04,280 --> 00:26:07,720
my client wishes to proceed
with the "not guilty" plea.
509
00:26:07,720 --> 00:26:09,920
You have explained
that a murder conviction
510
00:26:09,920 --> 00:26:12,000
carries a mandatory life sentence?
511
00:26:12,480 --> 00:26:14,520
That's not really the issue here.
512
00:26:16,560 --> 00:26:18,280
I disagree.
513
00:26:18,280 --> 00:26:21,080
Mrs Parnell, I must stress
that if you are found guilty,
514
00:26:21,080 --> 00:26:23,120
you could be sentenced
to 25 years in...
515
00:26:23,120 --> 00:26:26,640
Yes, thank you, Mr Steel!
And given the evidence against you,
516
00:26:26,640 --> 00:26:30,640
you should know that
that is a very real possibility.
517
00:26:31,880 --> 00:26:35,160
But I thought you said if I pleaded
"not guilty"...That's enough!
518
00:26:35,160 --> 00:26:37,200
OK, I think we're done here.
519
00:26:37,200 --> 00:26:39,120
Megan,
is there anything YOU want to say?
520
00:26:39,120 --> 00:26:42,080
I don't appreciate
the scare tactics, Mr Steel!
521
00:26:42,080 --> 00:26:44,280
It's OK,
he's just trying to confuse you.
522
00:26:44,280 --> 00:26:47,200
Your client has the right to know
what she's risking.
523
00:26:47,200 --> 00:26:49,920
I assure you,
my client is fully informed.
524
00:26:53,840 --> 00:26:55,880
Well, at least she is now.
525
00:26:55,880 --> 00:26:57,920
Makes you wonder
what he's gonna do next.
526
00:26:57,920 --> 00:27:01,360
I know, but I bet Megan Parnell
is as in the dark as we are.
527
00:27:03,800 --> 00:27:06,160
Absolutely. Why wouldn't you?
James!
528
00:27:06,160 --> 00:27:08,200
Peck's entered a new plea.
529
00:27:08,200 --> 00:27:09,880
Diminished responsibility?
530
00:27:09,880 --> 00:27:12,960
Not guilty by reason of insanity.
Based on what?!
531
00:27:12,960 --> 00:27:16,320
He's found an expert who will say
Megan Parnell was legally insane
532
00:27:16,320 --> 00:27:18,640
when she set the fire.
So first she didn't do it,
533
00:27:18,640 --> 00:27:21,760
and now she did it but she didn't
know what she was doing.
534
00:27:21,760 --> 00:27:23,520
He's lost the plot.
He must realise
535
00:27:23,520 --> 00:27:25,160
what this could mean. If it works,
536
00:27:25,160 --> 00:27:28,080
Megan could end up institutionalised
for the rest of her life.
537
00:27:28,080 --> 00:27:30,920
She wouldn't just lose her daughter,
she'd lose everything.
538
00:27:34,880 --> 00:27:38,600
You know the jury will see this
for the cynical ploy that it is
539
00:27:38,600 --> 00:27:40,960
and all you'll have done
is discredit your client.
540
00:27:40,960 --> 00:27:45,280
Perhaps. Or perhaps they'll be
too busy crying into their hankies
541
00:27:45,280 --> 00:27:47,920
over poor, misunderstood Megan.
542
00:27:47,920 --> 00:27:51,640
You shouldn't overestimate
your average prole, James.
543
00:27:52,640 --> 00:27:56,160
It's all about emotion,
not the truth.
544
00:28:01,920 --> 00:28:05,480
They told us about win-at-any-cost
barristers at law school.
545
00:28:05,480 --> 00:28:07,520
First time I've seen one in action,
though.
546
00:28:07,520 --> 00:28:08,960
Yeah, Peck's a prime example -
547
00:28:08,960 --> 00:28:12,120
raging ego, limited ability
and absolutely no ethics.
548
00:28:12,120 --> 00:28:14,320
He really doesn't care
what happens to Megan.
549
00:28:14,320 --> 00:28:16,560
It's like she's just a pawn
in his game.
550
00:28:16,560 --> 00:28:18,600
Maybe, maybe not.
551
00:28:18,600 --> 00:28:20,920
She's still the one
who chose to please not guilty.
552
00:28:20,920 --> 00:28:23,360
If Peck's playing a game,
she's going along with it.
553
00:28:23,360 --> 00:28:26,000
Don't think of her
as the innocent victim here.
554
00:28:30,160 --> 00:28:32,200
Megan,
555
00:28:32,200 --> 00:28:34,240
by pleading insanity
556
00:28:34,240 --> 00:28:37,960
you understand that you're saying
that when you started the fire
557
00:28:37,960 --> 00:28:40,000
you didn't know it was wrong?
558
00:28:41,680 --> 00:28:45,320
Yeah.
I didn't know what I was doing.
559
00:28:45,320 --> 00:28:47,720
You were upset about Ian?
560
00:28:47,720 --> 00:28:51,320
Yeah.
But I wasn't thinking properly.
561
00:28:51,320 --> 00:28:53,800
I-I was upset and confused.
562
00:28:55,320 --> 00:28:59,120
Can you tell me what it was like
when your son first got ill?
563
00:28:59,120 --> 00:29:01,480
I mean,
it must have been very difficult.
564
00:29:05,280 --> 00:29:07,320
Yeah, it was really hard.
565
00:29:08,280 --> 00:29:10,560
I understand that Ian changed
quite quickly.
566
00:29:16,240 --> 00:29:18,800
It was around the time
of his fourth birthday.
567
00:29:20,960 --> 00:29:23,000
His favourite song
was Old MacDonald.
568
00:29:23,000 --> 00:29:25,040
He was always singing it.
569
00:29:27,040 --> 00:29:29,240
Then he forgot that pigs go "oink."
570
00:29:33,120 --> 00:29:37,280
He started saying there was a...
a bad mouse in his head.
571
00:29:40,840 --> 00:29:44,280
A few months later, he...
he stopped talking,
572
00:29:44,280 --> 00:29:46,520
and using the toilet.
573
00:29:52,440 --> 00:29:54,480
He wouldn't even let me hold him.
574
00:29:56,000 --> 00:29:58,040
He couldn't bear to be touched.
575
00:30:01,800 --> 00:30:04,520
she's not insane.
576
00:30:04,520 --> 00:30:06,960
Not now, and not the night
she started the fire.
577
00:30:06,960 --> 00:30:08,640
But there's a long version?
578
00:30:08,640 --> 00:30:10,960
She has significant
mental health problems.
579
00:30:10,960 --> 00:30:14,400
Depression, acute anxiety,
chronic sleep deprivation.
580
00:30:14,400 --> 00:30:17,800
Her son rarely let her sleep
more than two hours at a time.
581
00:30:17,800 --> 00:30:20,680
And that's every night for 13 years.
582
00:30:20,680 --> 00:30:22,720
You could argue that was her choice.
583
00:30:22,720 --> 00:30:25,680
She repeatedly refused
to have him placed in a home.
584
00:30:25,680 --> 00:30:28,120
Has anyone bothered to ask her why?
585
00:30:28,120 --> 00:30:30,160
Probably not the defence.
586
00:30:30,160 --> 00:30:32,440
Megan's mother
had recurring health problems.
587
00:30:32,440 --> 00:30:33,960
Her father was an alcoholic.
588
00:30:33,960 --> 00:30:36,880
Her only other relative
was an aunt in a wheelchair.
589
00:30:38,320 --> 00:30:41,480
So Megan spent several long periods
in children's homes.
590
00:30:41,480 --> 00:30:43,160
Not happy times?
591
00:30:43,160 --> 00:30:46,320
The standard of care in the early
'80s was variable, to say the least.
592
00:30:46,320 --> 00:30:50,600
Megan was an awkward, unattractive
child with zero confidence.
593
00:30:50,600 --> 00:30:53,400
We all know how cruel
children can be.
594
00:30:53,400 --> 00:30:55,960
But she wasn't insane?
595
00:30:55,960 --> 00:30:58,680
No, she wasn't.
596
00:30:58,680 --> 00:31:00,800
So who's he found
to say that she was?
597
00:31:03,680 --> 00:31:05,640
In your opinion, Doctor,
598
00:31:05,640 --> 00:31:09,080
was the defendant severely stressed
at the time of the fire?
599
00:31:09,080 --> 00:31:11,560
Based on my interviews with Megan,
600
00:31:11,560 --> 00:31:13,040
I believe that her stress level
601
00:31:13,040 --> 00:31:16,520
had risen to the clinical
designation ACSS.
602
00:31:16,520 --> 00:31:18,640
And what is that?
603
00:31:18,640 --> 00:31:20,680
Acute Caretaker Stress Syndrome.
604
00:31:20,680 --> 00:31:23,760
ACSS is characterised
by irrational behaviour,
605
00:31:23,760 --> 00:31:27,520
radical emotional dissonance,
and cognitive malfunction.
606
00:31:27,520 --> 00:31:30,280
Was she able to tell the difference
between right and wrong?
607
00:31:30,280 --> 00:31:34,080
In my opinion, no.
Thank you, Doctor.
608
00:31:38,520 --> 00:31:41,280
Which medical school did you attend,
Dr Arlberg?
609
00:31:41,280 --> 00:31:44,160
My doctorate
is in psychoanalytic studies.
610
00:31:44,160 --> 00:31:45,760
I didn't go to medical school.
611
00:31:45,760 --> 00:31:48,160
So you're not
a qualified psychiatrist?
612
00:31:48,160 --> 00:31:49,920
No, I'm not.
613
00:31:49,920 --> 00:31:53,280
Then are you affiliated with
any particular hospital or clinic?
614
00:31:53,280 --> 00:31:55,400
Not currently.
For the past few years,
615
00:31:55,400 --> 00:31:57,440
I've been lecturing extensively,
616
00:31:57,440 --> 00:32:01,040
mainly in the States, where I also
have a syndicated radio programme.
617
00:32:02,200 --> 00:32:04,200
In other words,
you're not a psychologist
618
00:32:04,200 --> 00:32:07,480
but you play one on the radio.
My Lady! He's mocking the witness!
619
00:32:07,480 --> 00:32:09,280
My Lady.
620
00:32:10,840 --> 00:32:16,600
This...disorder you've been
talking about, Dr Arlberg, um...
621
00:32:16,600 --> 00:32:20,000
Ah, yes, ACSS.
622
00:32:20,000 --> 00:32:22,600
You see, I am really confused.
623
00:32:22,600 --> 00:32:25,480
I have been looking through
a large number of reference books
624
00:32:25,480 --> 00:32:27,480
and I can't find
a single mention of it.
625
00:32:27,480 --> 00:32:29,760
It's a relatively new diagnosis.
626
00:32:29,760 --> 00:32:33,280
That explains it. Invented by whom?
627
00:32:33,280 --> 00:32:36,360
It was first identified by myself.
Oh, I see.
628
00:32:36,360 --> 00:32:40,160
And has it been recognised by
The Royal College of Psychiatrists?
629
00:32:40,160 --> 00:32:41,400
Not yet.
630
00:32:41,400 --> 00:32:44,200
My, my, we really are out there
on the cutting edge, aren't we?
631
00:32:44,200 --> 00:32:46,280
My Lady!My Lady,
the evidence of this witness
632
00:32:46,280 --> 00:32:49,680
could be instrumental in placing
the defendant in a mental institution
633
00:32:49,680 --> 00:32:51,840
possibly for the rest of her life!
634
00:32:54,240 --> 00:32:57,720
I think the jury need to understand
the extent of her expertise -
635
00:32:57,720 --> 00:32:59,800
or the lack of it.
636
00:33:01,360 --> 00:33:02,800
No further questions.
637
00:33:06,840 --> 00:33:08,360
OK, here's the thing.
638
00:33:08,360 --> 00:33:10,800
My client has dropped
a bit of a bombshell.
639
00:33:11,760 --> 00:33:15,000
Well, to be honest, I'm not
entirely sure how to proceed.
640
00:33:15,000 --> 00:33:18,640
Well, discussing defence strategy
with the prosecution
641
00:33:18,640 --> 00:33:21,400
probably isn't the best way to go.
Fair point.
642
00:33:21,400 --> 00:33:23,600
But we're not really talking defence
any more,
643
00:33:23,600 --> 00:33:25,760
because Mrs Parnell has confessed.
644
00:33:27,440 --> 00:33:30,160
She admits to starting the fire
that killed her son?
645
00:33:30,160 --> 00:33:33,280
Yes. And no.
She admits to starting the fire,
646
00:33:33,280 --> 00:33:36,720
and she certainly feels
responsibility for her son's death,
647
00:33:36,720 --> 00:33:40,200
but he didn't actually die
in the fire.
648
00:33:40,200 --> 00:33:43,600
He didn't?
649
00:33:43,600 --> 00:33:46,000
Apparently not. Um...
650
00:33:46,000 --> 00:33:48,520
As I understand it, my client...
I'm sorry -
651
00:33:48,520 --> 00:33:53,520
Megan, perhaps if you just tell us
what happened?
652
00:33:55,600 --> 00:33:57,640
Ian was having a seizure,
653
00:33:57,640 --> 00:34:00,200
and he started having convulsions.
654
00:34:02,640 --> 00:34:05,280
I had the syringe for his injection
in my hand.
655
00:34:09,160 --> 00:34:11,200
But I couldn't do it.
656
00:34:13,880 --> 00:34:18,280
I was watching him and his...face
was all twisted up in pain.
657
00:34:20,200 --> 00:34:22,360
I just wanted it to stop.
658
00:34:25,240 --> 00:34:28,400
So I...held him and I waited.
659
00:34:31,320 --> 00:34:33,360
When the convulsions ended,
660
00:34:33,360 --> 00:34:35,400
I knew he'd gone.
661
00:34:42,040 --> 00:34:44,920
As you can imagine, she was
distraught, racked with guilt.
662
00:34:44,920 --> 00:34:48,040
And in the emotion of the moment,
decided to end it all.
663
00:34:48,040 --> 00:34:49,480
Hence the fire.
664
00:34:49,480 --> 00:34:52,800
And your client didn't think
to mention this before?
665
00:34:52,800 --> 00:34:54,840
Unfortunately not.
666
00:34:54,840 --> 00:34:57,840
It would have made life a lot easier
all around if she had.
667
00:34:58,920 --> 00:35:01,800
But, well, as you can see,
this changes everything.
668
00:35:01,800 --> 00:35:04,680
Right. So...
669
00:35:04,680 --> 00:35:06,720
you're thinking what?
670
00:35:06,720 --> 00:35:08,800
We abandon the charges,
671
00:35:08,800 --> 00:35:12,240
the judge discharges the jury,
and we start again?
672
00:35:12,240 --> 00:35:14,280
Well, ideally, yes.
673
00:35:14,280 --> 00:35:16,280
I mean,
you could charge her with arson,
674
00:35:16,280 --> 00:35:21,600
but failing to give an injection?
I wouldn't fancy your chances.
675
00:35:21,600 --> 00:35:24,120
I've heard enough.
Now, look!
676
00:35:24,120 --> 00:35:28,040
I didn't have to come here. I could
have just blindsided you in court.
677
00:35:28,040 --> 00:35:30,040
I felt,
in the interest of justice...
678
00:35:30,040 --> 00:35:32,000
You can see yourselves out.
679
00:35:32,000 --> 00:35:34,680
Fine. We'll leave it to the jury.
680
00:35:34,680 --> 00:35:36,720
Just don't say I didn't warn you.
681
00:35:40,600 --> 00:35:43,560
You didn't believe that, did you?
I don't know.
682
00:35:44,520 --> 00:35:46,880
It sounds like she's finally
telling the truth.
683
00:35:46,880 --> 00:35:49,680
The post-mortem report
categorically states
684
00:35:49,680 --> 00:35:52,000
smoke inhalation as cause of death.
685
00:35:52,000 --> 00:35:54,640
The medical evidence means that
she's lying,
686
00:35:54,640 --> 00:35:57,560
or, more likely,
he's told her what to say.
687
00:35:58,520 --> 00:36:02,200
But why would Peck even try this?
He must have seen the post-mortem.
688
00:36:02,200 --> 00:36:05,360
Why bother about truth
when you can go with emotion?
689
00:36:13,640 --> 00:36:17,320
It was CO asphyxiation.
Absolutely, no doubt about it.
690
00:36:17,320 --> 00:36:19,360
Why the renewed interest?
691
00:36:19,360 --> 00:36:23,240
Well, his mother's claiming that
he died from an epileptic seizure.
692
00:36:23,240 --> 00:36:25,520
That he was already dead
when the fire started.
693
00:36:25,520 --> 00:36:28,600
You've got to be breathing
to get smoke in your lungs,
694
00:36:28,600 --> 00:36:31,320
there's no two ways about it.
Thanks, Heather.
695
00:36:32,400 --> 00:36:36,520
Of course it is possible that
a particularly violent seizure
696
00:36:36,520 --> 00:36:38,560
could result in a coma.
697
00:36:38,560 --> 00:36:41,800
In which case, the victim
would be breathing just enough
698
00:36:41,800 --> 00:36:45,360
to get smoke in his lungs, but to
a lay person he might appear dead.
699
00:36:47,560 --> 00:36:49,600
She said it was a possibility,
that's all.
700
00:36:49,600 --> 00:36:51,680
It means Megan must have believed
Ian was dead
701
00:36:51,680 --> 00:36:53,120
when she started the fire.
702
00:36:53,120 --> 00:36:55,520
Then why didn't she plead guilty
from the start?
703
00:36:55,520 --> 00:36:58,040
All Megan cares about
is staying with her daughter.
704
00:36:58,040 --> 00:37:00,000
Peck's promised
he can make that happen.
705
00:37:00,000 --> 00:37:03,000
This is a woman who's been at the
mercy of the system her whole life.
706
00:37:03,000 --> 00:37:06,040
Her barrister tells her what to say,
she's not gonna argue with him.
707
00:37:06,040 --> 00:37:08,880
Chances are he wouldn't have listened
to her anyway.Exactly.
708
00:37:08,880 --> 00:37:11,200
For all we know,
she tried to tell him, he panicked
709
00:37:11,200 --> 00:37:12,840
and changed the plea to insanity.
710
00:37:12,840 --> 00:37:17,160
If she really did think Ian was dead,
then there's no intention to kill.
711
00:37:17,160 --> 00:37:19,920
She should never have been charged
with murder.
712
00:37:24,360 --> 00:37:27,200
So, just to clarify for the jury,
713
00:37:27,200 --> 00:37:29,840
you didn't put Ian
in a residential home, did you,
714
00:37:29,840 --> 00:37:33,040
because you're his mother
and you cared for him?
715
00:37:33,040 --> 00:37:34,640
I couldn't.
716
00:37:36,400 --> 00:37:39,160
He was my baby, I loved him so much.
717
00:37:40,760 --> 00:37:42,800
No further questions, My Lady.
718
00:37:49,200 --> 00:37:50,640
Mrs Parnell,
719
00:37:50,640 --> 00:37:54,440
you described to the court how
after Ian died,
720
00:37:54,440 --> 00:37:56,560
you took his pills
and you started the fire
721
00:37:56,560 --> 00:37:58,600
so that you could go together.
722
00:37:58,600 --> 00:38:00,720
Yeah, that's right.
723
00:38:00,720 --> 00:38:04,720
The trouble is, it's very difficult
for us to believe you
724
00:38:04,720 --> 00:38:08,520
when you've lied over and over again
about the events of that night.
725
00:38:08,520 --> 00:38:10,960
I didn't mean to lie.
But the fact is you did.
726
00:38:11,960 --> 00:38:14,920
The only thing we know for certain
is that you went downstairs,
727
00:38:14,920 --> 00:38:17,040
you unlocked
the maintenance cupboard,
728
00:38:17,040 --> 00:38:19,840
you poured paint thinner over
the stairs and you set it alight -
729
00:38:19,840 --> 00:38:22,040
leaving your young son to die
in that fire.
730
00:38:22,040 --> 00:38:25,920
No, I wouldn't do that.
But that's exactly what you did.
731
00:38:25,920 --> 00:38:27,960
No, I didn't.
732
00:38:27,960 --> 00:38:30,920
Because he was already dead.
I told you.
733
00:38:30,920 --> 00:38:33,160
I know you'd like us
to believe that...
734
00:38:34,120 --> 00:38:36,800
..but I'm afraid
it's simply not true.
735
00:38:39,680 --> 00:38:44,000
I refer the court to the
post-mortem report on Ian Parnell,
736
00:38:44,000 --> 00:38:46,040
dated March 19th.
737
00:38:49,080 --> 00:38:52,800
It clearly states the cause of death
738
00:38:52,800 --> 00:38:55,320
was smoke inhalation.
739
00:38:55,320 --> 00:38:57,360
Well, that's not right.
740
00:38:57,360 --> 00:39:00,800
Megan, the pathologist found smoke
in Ian's lungs.
741
00:39:01,960 --> 00:39:04,600
It could have only got there
if he was still breathing
742
00:39:04,600 --> 00:39:06,800
when you started the fire.
They've got it wrong.
743
00:39:06,800 --> 00:39:11,120
I was there. He stopped breathing.
Megan, it is physically impossible.
744
00:39:11,120 --> 00:39:13,480
It can't be.
745
00:39:15,640 --> 00:39:17,080
It can't be.
746
00:39:18,440 --> 00:39:20,480
I-I-I thought it was a mistake.
747
00:39:22,080 --> 00:39:24,200
Megan, I'm so sorry
but it wasn't a mistake.
748
00:39:26,000 --> 00:39:29,560
Ian didn't die
as a result of the seizure.No.
749
00:39:29,560 --> 00:39:32,400
It may have looked like
he had stopped breathing -
750
00:39:32,400 --> 00:39:34,920
in fact,
he could have slipped into a coma
751
00:39:34,920 --> 00:39:36,920
and you couldn't tell the difference.
No.
752
00:39:36,920 --> 00:39:39,440
But I'm afraid the fact is
Ian was still alive
753
00:39:39,440 --> 00:39:41,160
when you started the fire.
754
00:39:43,200 --> 00:39:47,200
No.
755
00:39:48,520 --> 00:39:51,400
I...I would never have done that.
756
00:39:52,720 --> 00:39:54,760
I would never have left him to...
757
00:39:56,000 --> 00:39:58,040
Oh, my God, no.
758
00:39:59,880 --> 00:40:01,920
Not my little boy!
759
00:40:03,480 --> 00:40:05,520
I...I wouldn't have...
760
00:40:07,520 --> 00:40:09,240
Not my Ian.
761
00:40:10,760 --> 00:40:13,120
No...
762
00:40:20,800 --> 00:40:23,240
Peck should be struck off.
763
00:40:23,240 --> 00:40:26,200
To put her up there without
explaining the post-mortem results -
764
00:40:26,200 --> 00:40:27,600
that is unforgivable.
765
00:40:27,600 --> 00:40:30,680
I take it that we all believe
she was telling the truth.
766
00:40:33,120 --> 00:40:34,880
Then now what?
767
00:40:34,880 --> 00:40:36,920
Judge Hall's called us in.
768
00:40:36,920 --> 00:40:40,760
I presume she'll want to
discharge the jury, start again.
769
00:40:40,760 --> 00:40:42,800
With what charge?
770
00:40:42,800 --> 00:40:44,840
It'll still be manslaughter.
771
00:40:46,520 --> 00:40:49,560
She started the fire
that ultimately killed her son.
772
00:40:49,560 --> 00:40:52,320
And she withheld an injection
773
00:40:52,320 --> 00:40:56,280
that could have prevented him from
going into a coma in the first place.
774
00:40:58,720 --> 00:41:00,760
Mercy killing is still killing.
775
00:41:00,760 --> 00:41:02,680
And it's still illegal.
776
00:41:03,600 --> 00:41:07,480
So Megan Parnell has to spend
the next six months in limbo,
777
00:41:07,480 --> 00:41:10,840
then go through this all over again
because her lawyer let her down.
778
00:41:10,840 --> 00:41:13,880
But we can hardly continue
the current trial.
779
00:41:13,880 --> 00:41:15,920
Even if the judge and defence agree,
780
00:41:15,920 --> 00:41:18,200
then Megan could appeal
any conviction
781
00:41:18,200 --> 00:41:20,760
on the grounds
that she was wrongly advised.
782
00:41:22,960 --> 00:41:27,960
Which means...her barrister
would be accused of negligence.
783
00:41:27,960 --> 00:41:32,600
So with decent representation,
she could be out within six months.
784
00:41:34,280 --> 00:41:37,200
We take defence out of Peck's hands.
785
00:41:40,720 --> 00:41:42,560
I don't understand.
786
00:41:42,560 --> 00:41:45,200
You want to just carry on?
787
00:41:45,200 --> 00:41:47,120
Having weighed up the options,
788
00:41:47,120 --> 00:41:49,480
the prosecution
would still be prepared
789
00:41:49,480 --> 00:41:51,200
to accept a plea to manslaughter.
790
00:41:51,200 --> 00:41:53,960
I'm sure you realise
the implications of continuing.
791
00:41:55,320 --> 00:41:58,160
It would spare Megan
the trauma of a second trial.
792
00:41:58,160 --> 00:42:01,560
And whatever sentence
you choose to pass
793
00:42:01,560 --> 00:42:03,360
could take into account
794
00:42:03,360 --> 00:42:06,680
the circumstances
surrounding Ian's death.
795
00:42:11,160 --> 00:42:13,200
That's certainly true.
796
00:42:15,360 --> 00:42:17,400
All right,
797
00:42:17,400 --> 00:42:19,720
I am prepared to continue.
798
00:42:20,640 --> 00:42:24,280
Provided we all understand each other.
799
00:42:24,280 --> 00:42:26,320
OK, great.
800
00:42:27,920 --> 00:42:29,960
So what do we do now?
801
00:42:35,120 --> 00:42:37,880
Megan Parnell,
you have pleaded guilty
802
00:42:37,880 --> 00:42:39,480
to the charge of manslaughter
803
00:42:39,480 --> 00:42:43,360
and admitted to causing
the death of your son, Ian Parnell,
804
00:42:43,360 --> 00:42:45,400
in a fire at your home.
805
00:42:45,400 --> 00:42:48,080
The seriousness of this crime
806
00:42:48,080 --> 00:42:52,840
leaves me no option but to impose
a custodial sentence.
807
00:42:54,360 --> 00:42:58,800
However,
given your previous good character
808
00:42:58,800 --> 00:43:03,720
and your sadly mistaken belief
that your son was already dead
809
00:43:03,720 --> 00:43:05,560
when you started the fire,
810
00:43:05,560 --> 00:43:08,200
the court wishes to show
a degree of leniency.
811
00:43:10,160 --> 00:43:13,560
I hereby sentence you
to three years in prison.
812
00:43:14,920 --> 00:43:18,840
With the recommendation that you be
fully psychologically assessed
813
00:43:18,840 --> 00:43:21,480
prior to the commencement
of the sentence.
814
00:43:23,520 --> 00:43:26,200
You may take the prisoner down.
815
00:44:40,960 --> 00:44:43,400
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