Original subtitles

I don't like people very much.

I'm just not a very nice person. The world is broken.

You shouldn't watch scary movies so close to bedtime.

We may dislike Mr. Foyle, but we do not have to like him to defend him.

I don't do things for exposure, Maggie. Why do you do it? Because everyone

deserves a defense.

Given the press, this case has already generated that Mr. Foyle cannot be given

a fair trial.

I have no alternative but to discharge the jury and release the defendant.

Well, good man.

Thank you, my friend.

Pleasure. Take care.

Why don't we just see you up there? But hurry up. I want to show you something.

You're defending him. Everyone deserves a defence.

That's right, Maggie.

That's right.

Trevor Harris, anyone?

Plea and case management on Will's case. The whole thing just got moved up.

We'll have to change the date. Good. No, not good at all.

I mean, all the bloody time we can get.

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

Just that we had two witness statements. I mean...

It will take the weight off the DNA if it comes in. This is where we are. This

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

And God help us, a following wind.

No, no, no, that's not what I'm trying to explain to you. Look, my wife does

wear aftershave.

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

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

identity.

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

Well, you can't talk to her.

Yeah, I already identified her. I walked into the mortuary and tipped her face.

Yeah.

Did I scare you?

Sorry.

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

Look, if you want to tell me something, anything about what happened, I'll be

here, OK?

Just come round and say it.

I'll be listening.

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

Do they drown, do you think? Mr. Poe.

I used to love it when it rained, but now I get so sad when it's wet, Al,

because all I can think about is all those little bodies clawing and

at the earth and the mud and the water and drowning in the dark.

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

But it's a shame I get so sad when it's wet, especially after the summer we had.

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

Is there any evidence that puts me in the cottage?

You are charged on the basis of one eyewitness identification.

One?

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

Not yet?

Yet. You think he saw something.

There's only one witness.

That's what we're dealing with.

What's that?

Tea.

What kind of tea?

My tea.

We also need to talk to my child about it, Miss Morris.

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

that evening, and we are confident Miss Morris will support this. Then why do we

need to discuss this?

Because we need to discuss this.

Mr Burton is the only witness in this whole case, so he can't

act for himself.

You're well -versed in criminal procedure.

I did a law course.

Oh, really? Where was that?

Cambridge.

Anglia Polytechnic University. We probably cycled past one another on

Street.

It's a small world.

Indeed.

Yes, you're right. Mr Burton will not be in court. As he's a witness, he cannot

act for the Crown in any way.

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

He's not allowed to be there.

So he just has to watch.

That's very fair.

Besides, it was very dark.

Shame about all those animals.

Isn't it?

You have qualms.

Beg your pardon?

It's your first big defence.

You're working late. You have qualms. He lost his wife.

When the tables returned, he would not hesitate.

This is how it works.

I just know that if I was Will... Ah.

But you're not him, are you?

Not yet, anyway.

Probably only got about five minutes. Bit of a crazy morning.

How's it looking?

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

on the door.

Everyone wants to help, mate.

Who's leader?

Mr Mayfield.

Mr Harris is his junior.

Everyone else was busy.

Any idea what the running was?

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

The forensics found a size 12 boot print in the garden. But all four's footwears

are size 9. Like, no match on the tread.

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

The crime scene blood.

Plus your idea of him.

And?

I think that's it.

What about his alibi?

One of his makers said she had dinner with him. They're looking into possible

angles. What was this woman's name?

Eileen Morris.

Is that Eileen?

Eileen Morris, right?

Did a little rooting around in the old case file.

This is all I can come up with.

He's a bird panseer, if you remember.

She was presenting him with that trophy.

Parrish Council Event Committee Couture Eileen Morris.

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

Somebody else. I'm sure I've seen that name somewhere else.

Thanks Bob You're welcome

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

How do you know that?

Doesn't seem fair.

Biggest legal brain in the building.

Can't even talk to him about your own bloody case.

No, I can't.

Not directly.

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

Do you have any idea where Sandra Mullen's case files are?

I think so, yeah.

Big box. Stomped its arm in it last week.

Do you think it might be near my office?

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

Yes, I caught sight of it as it flew past mid -high velocity on its way to

of the silks. Why don't you take a page out of Tara's book? My nose is brown

enough already, thank you.

She does what she has to. Why don't you do that now and then?

Because then I'd be like Tara, wouldn't I?

You had Nova?

Foyle's making his plea.

Right, so it started.

How's it looking, do you think?

No sign of DNA at the things, single eyewitness, recognition under duress,

lot of wiggle room.

I mean, Will's boy was there, but if he had said something, well, he would have

said something, wouldn't he?

Mr. Harris, don't. I know, I've been thinking. Will, stop. I mean it.

Time to go.

Liam Michael Foyle, you are charged on this indictment with one count of

How do you plead?

Not guilty.

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

application notice.

First I've heard of it, my Lord.

It was served in good time.

I thought I came to... Well, I read it.

Bail granted.

Subject to conditions as per application.

Thank you, my Lord. Also, I have spoken to the list officer this morning who has

informed me there is a slot available for a week -long case on the 31st.

Very well, then. Wait a minute. That's only a few weeks away. It hardly gives

any time to prepare the evidence. What evidence?

Mr. Foyle, you may leave the dock.

I never said thank you.

Oh, you're welcome.

See you soon.

Yeah.

You're in a lot of trouble.

I may just be crumbled.

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

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

It takes half an hour.

That's not what I'm talking about.

Oh, please. I was happy to pay.

Welcome home.

Apple or plum?

Oh, rhubarb. It's in the fridge at parish council.

Waiting for you. You won't be there too long, I promise.

Lots to be getting on with.

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

Good.

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

Post -mortem indicate Kate was strangled before he cut into her.

Any update on the footprints?

Locus is littered with them all the wrong size.

After that, the blade passed through the trachea. No, you don't pass through the

trachea.

It's a sawing motion.

The core strength of a fast bowler. Get it. One hell of a blood spatter. We'll

see.

How the hell did this happen?

He's your wife.

Why, he came through the front door.

Well, go and close the bloody folder, will you? There's pictures of his wife.

You need to call ahead if you're going to just turn up. I work here too.

Everyone's behind you on this.

You get caught trying to influence the case. You're jeopardising the entire

enterprise.

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

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

university. To be quite frank, we'd prefer it if you didn't even come to

No, if I have to stay home one more day, I swear I'm going to kill somebody.

I need to work, please.

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

They didn't call you.

They should have called you.

Talk to me.

Not guilty.

Reminded where? Scrubs?

Actually got bail.

Already in custody. Low risk of absconding. It's conditional. When was

This morning.

You should really be doing this to the proper channel.

Hi,

it's Robert and Jamie's dad. Can you tell them I'll be there to pick him up?

They left with Alfie. They said they were getting the bus together.

All right, thanks.

Come on, have you seen Jamie? No.

OK.

Mum,

anything?

Is he here?

He said he'd already left.

Why didn't you call me?

Hi Pat, it's Jamie there.

I just wanted to look at your mobile outfit. Have you tried the library?

They got off at half a stop.

Okay. All right. No, no, no. Don't worry. Don't worry. Don't worry. Thanks.

All right, that's it. I'm calling the police.

Jamie!

Where the hell have you been?

We went to the shop. Did you talk to anyone?

No. Look, I want you to promise me you will not talk to anyone you don't know,

all right?

Not in the street, not in the playground, not anywhere.

I'm picking you up from school from now on, okay?

Every single day, okay?

Dad! Just give me a minute.

The sea lions of Moscow are horny at this time of year.

Up yours.

Oh, relax.

Right, come on. We've got to stay.

Why? Come on, boy.

Come on.

Couldn't meet in a park.

It's the best place to hide in a crowd. In plain sight.

Plain stupid.

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

What do you want to do?

Let's talk football.

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

Do you know what I think the problem is?

We're missing a star striker.

There's no way he can play. It's against the rules. He can hardly score goals

sitting on the bench, can he? He can't even watch the match. He's forbidden

watching the match.

Absolutely. So I'm thinking that from time to time, maybe, I could get someone

to talk to you about our attacking game.

Danny.

The ball's over there if you're feeling uncomfortable.

Well, I don't. You need a better goal -mode strategy.

Christ, don't do that. What's the matter?

What's the matter?

Trevor. Hi. What's the matter?

You do know what it is you're doing.

What we're doing, don't you?

What is it we're doing? Exactly. We're talking.

About football.

Here we are.

Some man talking about football.

Nothing wrong with that. When footballers talk about football, they

their jobs, do they? I know this is a big ask.

Look. I appreciate you must have been hoping that Mayfield would pick someone

else, someone more suited, perhaps, to something like this, but the fact is

everyone else was gainfully employed.

And... Well, I'm just sorry it had to be me.

You're the hardest -working barrister in the set.

Well, I... Thank you. All the same, I need to think about it.

The foil had a storage unit. He told us about it during the Sandra Mullins

trial. He cleared it out. He stopped paying for it. Six months before the

murder, it played no further part in the proceedings.

Someone took it on after him, and her name is Eileen Morris.

If something's not turning up, it just might mean you need to look for someone

else. Rabatty Winkett pries onto your name.

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

that? Collingwood brief. Mr Spencer's off on holiday.

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

You know, you didn't actually see that man, did you?

It was dark.

What? Am I disturbing you?

What do you want, Peter?

Can you spare an hour tonight?

It's late.

You didn't answer the question.

Tonight's a bit difficult.

Difficult for all of us, my dear.

For at least our client, he's called a meeting.

We have a duty to listen.

He sounds very interested.

Yeah.

Says he's remembered something.

I said yes.

Straight to voicemail.

It's in the clerk round.

Where?

Harrods.

His house.

To his house.

We can't do that.

I'm not staying here all night.

It's me, it's me, it's me.

Jesus.

You were half a second away from an eye patch.

Foil murder, Sandra Mullins. You need to know that.

You said otherwise in court.

Well, if he thinks a little differently now.

If you had reservations about him, you should have acted on those.

He cleaned his innocence and I spoke for him. I lowered him out of it, that's

all.

But I know he killed her.

He is a murderer. There is not a doubt in my mind. You and I differ on this

point. I mean it. You need to be careful.

Because that's him. You do well, can you?

Which is good for me.

Good for you?

I'm truly sorry for what happened to you, but... The job.

Work is work, that's it.

Boyle murdered, Kate.

You let that man in, you're risking everything.

Don't make the same mistake.

I will. I mean it, don't be alone.

It's your, uh, it's your friend for you.

Friend? Yeah, he rang your doorbell.

Who makes you think it was my friend?

You put your pin by it.

King, that was the travel arrangement.

Blood was all caked.

No DNA match to foil whatsoever.

What does that leave, exactly? Will's idea of foiling the locust, going for

alibi, and that's it.

Does that even get you through the door?

All the same, we need to collate some skeleton arguments. They'll have to be

Turnbull direction, should it come.

That's like arguing with a tube train in a tunnel.

I don't see they have much choice.

No. Well, quite. Yes, thank you for all your help.

We said we'd be there for him.

Yes, well, we will be. How exactly?

I think we've missed the trick.

I've been digging in the old files. There was a storage unit. Boyle had one

before the Sandra Mullins murder.

He didn't make it into the evidence because he'd emptied it six months

It was passed on to somebody else.

Want to guess who?

It is Alibar. She cooked him dinner at her home.

Okay. You're sure she was paying for this?

Direct debit ever since.

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

isn't one.

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

Probatio winkit presumptionem.

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

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

The OIC for you.

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

What is it?

They called me again about my statements.

I thought you gave one.

They asked me to clarify it again.

And what did you say?

Well, I told them the truth.

I told them all about our evening.

There you are, then.

But why did they need to check up on me like that?

I don't know.

There's nothing to worry about.

Is there?

No, I suppose there's not.

I'm freezing.

Why don't you come in for a minute?

Oh, I just have to pop home first. No, that's okay.

Okay.

Okay.

You know anything about kettles?

It's switched off at the wall.

These

people,

these lawyers.

They don't see you.

Did you know that?

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

be very manipulative.

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

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

Of yourself.

Yeah, I think I can do that, yes?

You be you.

And I'll be them.

Miss Morris.

Can you tell the court where you were on the evening of the 3rd of December?

I was at home.

And what did you have to eat?

Spaghetti carbonara.

Wrong.

Er, confidently.

Wrong.

No, it's not. No, it's not.

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

Have courage in your conviction.

Don't let them rattle you.

What did you have to eat?

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

Are you confused?

Confused doesn't help us.

Confused makes everything go away.

Am I hurting you?

Am I

hurting you?

What did you make for dinner that night?

Bacchetti carbonara.

Comfortine.

Gavin, can I ask your ex - First opinion on something?

Yes, of course.

A barrister can't coach a witness, correct?

No, gross misconduct. He'd be out in a flash.

What about a witness coaching a barrister?

I have a friend who is displaying a sudden and surprising birth of talent.

I think he's getting help.

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

and the reputation of his chambers. So, for the sake of your chum, I suggest you

find out what's going on.

Thank you.

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

Yes, we will. Well, it's a bit...

This one's mine as well, thanks.

They found a size 12 boot in that storage unit and it's a strong candidate

make a trade in the locusts.

Four of the size nine, of course, doesn't stop them wearing a bigger boot.

Yeah, forget the alibi, focus on the boot. Get her on the stand and make the

connection. But if we go to it our way, we can't cause an examiner on the alibi,

can we?

The whole basis of that alibi is good character. It's a hard sell to undermine

her directly, but you showing core...

They have an undisclosed connection to the storage unit. You're undermining our

credibility. And you may not have to do any of that if you can prove this boot

was at the scene.

Ah, it's a big choice. It's bite the bullet time, ain't it? That's the way

should go.

It's all right, Dave. Walk away.

It's all right, Dave. Walk away.

Prove the link. Undermine it at the same time. Double buck. Oh!

And make sure that warrant was kosher.

Looking a little bit locked there.

Tara, hi.

What are you doing here?

Danny around.

Why?

So we're burned, we're done.

So what happens now?

We cross our bloody fingers.

I'm very sorry.

Crossed the line.

Yes, he did.

So stressed about everything.

I'm sure you are.

See you later.

It's the first day of the trial today.

They'll be arguing about evidence. Jury's not in yet.

You remember the drill.

Why don't you go and take Jamie up to the cottage this weekend? Go through

stuff.

I think it's timely. It'll be good for him, you know.

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

I know what he's done before I have to see it stand.

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

A lot of people really love you.

We'll do our best again.

Relax. Where they found the boot, big deal.

It's not DNA.

We stick with what we agreed. Finalise the evidence.

Eileen will come through for us.

It's a foil.

We had dinner together. She'll confirm that under oath. So the boot's not a

problem?

Not from where I'm sitting.

Just him and what he says he saw.

As it stands, yes.

As it stands.

I'll screw you up for this.

Bye.

There you go.

Time.

Time.

Dad?

Yeah?

Can I sell my books on eBay?

You can do whatever you want with them.

I might do the same myself.

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

Yeah. Me what?

There's no way.

No way.

Can't even turn a computer on.

I mean, I would eat my hat.

And I don't even have a hat.

a surprise.

A nice surprise.

Speed dial five, would you please?

What's going on, Dad? I need to speak to someone and then we'll go back.

Okay? You ready to dial?

Please, we are right now. Give me press five on that phone and hold it down.

Hello? When were you planning on telling me?

When he was in jail? Never?

Were you just going to send me an ultrasound in the post?

I want to meet him with everyone tonight. You, Gavin, the coroner.

Everyone, hang up. Listen to me.

Sorry, Jamie.

Jamie?

I'm

going to

pull him harder.

It's my fault.

I'm sorry.

I should have tried again.

Jimmy, what do you think?

I scratched his head.

You scratched him with your hands?

And then I hid.

You went in a box to the door?

Not the first time.

You moved!

Dad, look out!

I'm sorry.

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

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

Yeah. Maggie, Peter.

Forensic team just found DNA at the cottage.

Foyle. The boy moved. They've had a sample under the sink.

Get on the phone and get Maggie!

Because I want my legal team!

Not you, Simpkins!

You're driving me up the wall!

I can't hear you speak anymore!

DNA it is, Mr. Foyle! It's DNA!

What does DNA mean?

Get Maggie here now!

You've locked him in?

You've locked him in?

Correct.

We were discussing his alibi and the conversation drifted to the new DNA

evidence. And you let it. It's only a lucan sample.

Manifestly unreliable if we do our job properly. Well, he's not going to see it

that way, is he?

No, he's not.

It puts me there.

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

It puts me at the locusts, Margaret.

And now they think it's me.

They might think it says you were in the cottage, but... Is this how it's going

to be?

Here on in?

You think I like spending my entire life sitting in an airless room with hit

coffee breath?

It's like an infernal machine. It chews you up, doesn't speak, doesn't listen,

just keeps moving forward.

There's nothing you can do.

OK.

We need to back up for a moment.

We?

We have a very clear alibi.

We?

You love it, don't you?

We.

We are one and the same.

In terms of this trial, our fates are intertwined.

No, we don't go to prison, do we?

We were not in the cottage.

No, we weren't.

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

But it's science.

And you can't argue with science.

I can, Mr. Foyle.

In fact, I can be very persuasive.

Good.

Be upstanding in court.

Mr. Burton, I know this is going to be hard for you, given the circumstances,

so... Please take your time.

I saw him through the window.

Him being?

Liam Foyle.

He was known to you?

Yes.

I'd just defended him in a criminal trial.

How often would you say you saw him during that period?

Almost daily.

Over the trial period, six months.

Is there any doubt in your mind whatsoever that the man you saw during

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

None whatsoever.

Miss Gardner?

Mr. Burton, you are a practicing criminal defense barrister, are you not?

Yes. If a situation arises where a case against an accused depends to a great

extent on the identification of the accused, is there a warning the judge

give the jury?

Yes. What is that warning called?

It's called a Turnbull direction.

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

the need for caution before convicting anyone in any case that relies so

on eyewitness identification?

Yes. Should the judge, in that situation, ask the jury to closely

circumstance in which the identification was made?

Yes.

Would... I can listen for you, if you like.

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

When you found her body...

Who did you see in the window?

I saw Liam Foyle. You had no doubt whatsoever it was him?

Yes. There was a second individual present at the time Kate Burton was

wasn't there?

Mr Burton?

Yes.

This would be your son James, is that right?

Yes. Well, according to his statement, he was unable to make...

Any identification of the attacker whatsoever.

Is that right? He's nine years old. He was hiding in a box. So, if I might ask

again, is it your understanding that he was not able to identify the attacker?

Yes. So, 50 % of persons present were not able to give a positive

of the attacker.

Mr Burton, when a jury convicts, is it beyond all doubt? Is that the term?

Reasonable doubt.

Beyond reasonable doubt. Now, let's have a think about what might be reasonable

in this situation, shall we?

When you saw the man you are alleging was the accused, Mr. Foyle, was it dark?

Yes. Were you under stress?

Is that a serious question?

She was pregnant. Did you know that?

Mr. Burton. My Lord. Part 7, Code of Conduct.

Please try and remember that you are a witness and not counsel in this case,

Burton.

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

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

have before us, Mr Burton's distress cannot be avoided if my client is to be

given a fair trial.

Very well, then.

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

Yes. What is a bar standards complaint?

A formal letter listing a complaint against a practising barrister.

Have you ever received such a complaint?

I have.

Can you tell us who wrote that complaint?

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

Liam Foyle.

In a dark room.

In the shock and trauma of finding your wife in a pool of blood on the floor,

holding her in your arms, still unclear as to where your son was, you look up at

the window and you see a man.

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

conduct to the Bar Standards Board. A man whose absence from your life would

very useful indeed.

But it wasn't that man.

Was it, Mr Burton?

You just wanted it to be.

You have to stop her. We've got late for that.

You're twisting the facts around to make them wrong.

I've done a good job of it, too.

If defence had a problem, they should have argued it at the appropriate time.

And the issue has only just come to light. There is compelling evidence.

Can I come round to that, please?

Please, I'm freaking out.

How did he know?

There's no way he could have known.

When you killed her, did you die quickly?

How do you live with yourself?

You had us all worried for a minute.

I'm just full of surprises.