All language subtitles for The Escape Artist 2013 S01E02 1080p WEB-DL HEVC x265 BONE

I don't like people very much.

I'm just not a very nice person.

WILL: The world is broken.

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

WILL: We may dislike Mr Foyle,

but we do not have to like him
to defend him.

I don't do things for exposure,
my dear.

- Why do you do it?
- Cos everyone deserves a defence.

WILL: Given the press this case
has already generated,

Mr Foyle cannot be given
a fair trial.

I have no alternative
but to discharge the jury

and release the defendant.

Will, good man.
Thank you, my friend.

Pleasure.

Take care.

KATE: Why don't we just
see you up there?

But hurry up,
I want to show you something.

KATE SCREAMS

Kate?! Jamie!

- Dad!
- Jamie!

- You're defending him.
- Everyone deserves a defence.

That's right, Maggie.

That's right.

OMINOUS MUSIC

JAMIE: No, no. Mum... No, Mum!

Dad, help!

Dad! Dad, help!

Dad!

All right, all right,
all right, all right.

It's OK, it's OK, it's OK.

It's all right, it's all right.
Shh, shh, shh.

JAMIE PANTING

Shh.

Shh.

Harris? Trevor Harris, anyone?

Plea and case management
on Will's case.

Whole thing just got moved up.
We'll have to change the dates.

- Good.
- No, not good at all.

We need all the bloody time
we can get.

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

It's just if we had
two witness statements,

I mean, it would 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, that's not what I'm trying
to explain to you.

Look, my wife
does not 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 gonna happen, is it?

Well, you can't talk to her.

Yeah, I already identified her.

I walked into the mortuary
and kissed her face.

Yeah.

PHONE CLATTERS

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 right out and say it.

I'll be listening.

Yeah?

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

Do they drown, do you think?

- Mr Foyle.
- I used to love it when it rained.

But now I get so sad
when it's wet out,

because all I can think about
is all those little bodies

clawing and squeaking 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 Foyle, we need to be sure
that you understand your plea.

Is there any evidence
that puts me at the cottage?

You were charged on the basis
of one eyewitness identification.

- One?
- Yes, one.

The son hasn't made a statement.

PETER: Not yet.

Yet?

You think he saw something?

There's only one witness.
That's what we're dealing with.

What's that?

Tea.
FOYLE CHUCKLES

What kind of tea?

My tea.

We also need to talk about
your alibi, Ms Morris.

We go into considerable detail
in our defence statement

about our whereabouts that evening

and we are confident
Ms 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.

MAGGIE: 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 Silver 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?

I suppose so.

Besides... it was very dark.

Indeed.

Shame about all those animals...

isn't it?

OMINOUS MUSIC

GEORGE: You have qualms.

I beg your pardon?

It's your first big defence,
you're working late.

- You have qualms.
- He lost his wife.

If the tables were turned,
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.

All right?

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 leading?
- Mr Mayfield.

Mr Harris is his junior.

Everyone else was busy.

Any idea what they're running with?

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

Forensics found a size 12 boot print
in the garden.

But all Foyle's footwear's a size 9.

Got 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 ID of him.

And?

I think that's it.

What about his alibi?

One of his neighbours said
she had dinner with him.

They are looking into
possible angles.

- What's this woman's name?
- Eileen Morris.

Say that again.

Eileen Morris, right?

Did a little rooting around
in the old case file.

This is all I could come up with.

He's a bird fancier,
if you remember.

See who's presenting him
with that trophy?

"Parish Council Events
Committee Co-Chair, Eileen Morris."

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

There was something else. I'm sure
I've seen her 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 them
about your own bloody case.

No, I can't.

Not directly.

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

Do you have any idea where
the Sandra Mullins case files are?

I think so, yeah. Big box.

Stubbed my toe on it last week.

Do you think it might...
be near my office?

I think it could be.

SUSPENSEFUL MUSIC

Mr Harris!

Did you see
the Collingwood arson brief?

The private one?

Yes, I caught sight of it
as it flew past me at high velocity

on its way to one 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 heading over?

- Foyle's making his plea.
- Right, so it's started.

How's it looking, do you think?

No sign of DNA at the scene,

single eyewitness,
recognition under duress.

Not a lot of wiggle room.

I mean, Will's boy was there,
but if he had seen something,

well, he would have said something,
wouldn't he?

Mr Harris.

- Don't.
- No, I've been thinking.

Well, stop. I mean it.

MAN: Time to go.

WOMAN: Hi, Jamie. Welcome back.

- OK?
- See you.

You all right?

Liam Michael Foyle,

you are charged on this indictment
with one count of murder.

- 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 gave it to you.
- Well, I read it.

Bail granted, subject to conditions
as per application.

Thank you, My Lord.

Also, I've spoken to
the List Officer this morning

who's informed me
there is a slot is 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 us any time
to prepare the evidence?

What evidence?

Mr Foyle, you may leave the dock.

WOMAN: All rise.

Never said thank you.

Oh, you're welcome.

See you soon.

Yes.

SUSPENSEFUL MUSIC

You're in a lot of trouble.

I made you some crumble.

I must have left my cage open

cos a little birdie
just bailed me out.

You 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.

It won't be there too long,
I promise.

- Lots to be getting on with.
- Oh, sure.

I fed them every day,
just like you asked.

Good.

SUSPENSEFUL MUSIC

FOYLE WHISTLES

BIRDS CHIRP,
FOYLE WHISTLES

Everybody's hungry.

FOYLE WHISTLES

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

Postmortem indicates Kate was
strangled before he cut into her.

- The knife entered...
- 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.

- Gavin!
- One hell of a blood spatter.

Will's here.

- How the hell did this happen?
- The usual way.

What? He came in the front door.

Go and close the bloody folder,
will you?

There's pictures of his wife!

You need to call ahead
if you're gonna just turn up.

- I work here, too.
- Everyone's behind you on this,

but 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 to be followed.

I know, I actually studied law
in university.

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

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've called you.

- Talk to me!
- Not guilty.

Remanded where, Scrubs?

Actually, he got bail.

Already in custody,
low risk of absconding.

- It's conditional...
- When was this?

- This morning.
- Oh...

You should really be doing this
through the... proper channels.

- It's a bit chilly out here.
- Yeah.

- Did you hear about Dr Foster?
- Oh, yeah.

Hi, it's Will Burton, Jamie's dad.

Will you tell him
I'll be there to pick him up?

WOMAN: 'He left with Alfie.

'They said they were
getting the bus together.'

All right, thanks.

THEY CHATTER

CHILDREN CHATTER

- Connor, have you seen Jamie?
- No.

- OK.
- No, I haven't.

Mum, anything?

- Is he here?
- They said he'd already left.

Why didn't you call me?

Hi, Pat, is Jamie there?

I was wondering
if he came home with Alfie?

Have you tried the library?

ALFIE: Is that a new phone?

Yeah. I got it recently.

Listen to this.

Yeah, I heard it
on the radio yesterday.

SUSPENSEFUL MUSIC

Ah, it's my stop.

- See you.
- See you at school.

Did he get off at Alfie's stop?

OK, all right.

No, don't worry,
don't worry, thanks.

That's it, I'm calling the police.

DOOR THUDS
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'll not talk to anyone
you don't know, all right?

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

I'm picking you up from school
from now on. OK?

Every single day, OK??

- Dad!
- Just give me a minute.

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

- Up yours.
- Oh, relax.

- Right, come on, let's go upstairs.
- Why?

Come on, boy.
HE WHISTLES

Come on.

TREVOR: 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.

D'you know what I think
the problem is?

We're missing our star striker.

There's no way he can play.
It's against the rules.

He can hardly score goals
from the bench, can he?

He can't even watch the match.

He's forbidden
from 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 door's over there
if you're feeling uncomfortable.

Well, I say a door...

You need a better
goalmouth strategy.

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

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 men talking about football.

- Nothing wrong with that.
- Except when footballers talk

about football before the match,
they don't lose 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.

Foyle had a storage unit.

He told us about it
during the Sandra Mullins trial.

He cleared it out
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.

Probatio vincit praesumptionem.

- Thanks for the drink.
- You're very welcome.

- That's for you, by the way.
- What's that?

Collingwood brief.
Mr Spencer's off on holiday.

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

MUSIC ON TV

LAUGHTER AND CHATTER ON TV

I need to ask you something.

In the cottage, you didn't
actually see that man, did you?

It was dark.

Sorry, I shouldn't have asked.

DRAMATIC MUSIC

LAUGHTER AND CHATTERING ON TV

CLATTERING

PHONE RINGS

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.

Foyle is 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.

- Send a clerk round.
- Where?

Harrods.

His house. To his house.

We can't do that.

I'm not staying here all night.

'Hi, it's Kate.

'I'm not here right now,
but leave a message.

'Bye.'

PHONE DIALS

'Hi, it's Kate.

'I'm not here right now,
but leave a message.

'Bye.'

PHONE DIALS

'Hi, it's Kate.

'I'm not here right now,
but leave a message.

'Bye.'

PHONE DIALS

'Hi, it's Kate.

'I'm not here right now,
but leave a message.

'Bye.'

- It's all right.
- No!

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

Jesus.

You were half a second away
from an eye patch.

Foyle murdered Sandra Mullins.
You need to know that.

- You said otherwise in court.
- I see things differently now.

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

He claimed his innocence
and I spoke for him.

I lawyered 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.

You can't stand seeing me do well,
can you?

This is good for me.

Good for you?!

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

this is the job.

- Work is work, that's it.
- Foyle murdered Kate.

You let that man in,
you are risking everything.

Don't make the same mistake.

Good night, Will.

I mean it, don't be alone.

Did your...
Did your friend find you?

- Friend?
- Yeah, he rang your doorbell.

What makes you think
it was my friend?

He put your bin bag out.

SUSPENSEFUL MUSIC

King makes the travel
arrangements...

Blood was all Kate's.

No DNA match to Foyle whatsoever.

What does that leave exactly?

Will's ID of Foyle in the locus,

going for this alibi,
and that's it.

Does that even get you
through the door?

All the same, we need to collate
some skeleton arguments

on how to beat a Turnbull direction,
should it come to it.

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

I don't see they have much choice.

No, well, quite.

MAYFIELD: 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 a trick.

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

Foyle had one before
the Sandra Mullins murder.

It didn't make it into the evidence

because he'd emptied it
six months before.

It was passed on to somebody else.

Want to guess who?

She's his alibi.
She cooked him dinner at her home.

OK.

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 vincit praesumptionem.

Get a call into the OIC for me,
will you?

We need a warrant in motion.

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 statement.

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.

Well, there are you, 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.

You look freezing.

Why don't you come in for a minute?

Oh, I just have to pop home first.

Now, if that's OK.

OK. OK.

BIRDS CHIRPING,
SUSPENSEFUL MUSIC

FOYLE:
You know anything about kettles?

- Oh, it's switched off at the wall.
- Oh.

FOYLE CHUCKLES

These people, these lawyers...

..they don't see you.

- Did you know that?
- Uh-uh.

They don't have
an ounce of mercy in them,

and I'll be honest, Eileen...

..they can be very manipulative.

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

But...

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

- Sure?
- 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 third of December?

I was at home.

And what did you have to eat?

- Spaghetti carbonara.
- Wrong.

- Er, con funghi.
- Wrong.

No, it's not.

MIMICS HER: No, it's not.

Er... 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 fu...
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?

Yes.

Am I hurting you?

No.

And what did you make for dinner
that night?

Spaghetti carbonara.

Cup of tea?

Gavin, can I ask your expert 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
burst 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 dusty...

Sorry, a bit of a squeeze.

Cos this one's mine as well, so...

SUSPENSEFUL MUSIC

They found a size 12 boot
in that storage unit.

It's a strong candidate
to match a tread in the locus.

Foyle's a size 9.

Of course, doesn't stop him
wearing a bigger boot.

Yeah, forget the alibi,
focus on the boot.

Get her on the stand
and make the connection.

But if we call her as our witness,

we can't cross-examine her
on the alibi, can we?

SUSPENSEFUL MUSIC

The whole basis of that alibi
is good character.

It's a hard sell to undermine her.

Show in court they have
an undisclosed connection

through the storage unit,
you're undermining her credibility.

You may not have to do that,

if you can prove
this boot was at the scene.

It's a big choice.
It's bite the bullet time.

That's the way you should go.

HARRIS: Tara's here, walk away.
Tara's here, walk away.

Prove the link, undermine her.
Double bubble.

Oh, and make sure
that warrant was kosher.

TARA: Trev!
Looking a little bit lost there.

Tara, hi. What are you doing here?

- Is Danny around?
- Why, have you seen him?

SUSPENSEFUL MUSIC

How bad?

TREVOR: 'She saw Harris
and she may have seen you too.'

So we're burned, we're done.

TREVOR: 'So what happens now?'

We cross our bloody fingers.

I'm very sorry.

- I crossed a line.
- Yes, you did.

I'm 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.

Probably going to take Jamie
up to the cottage this weekend,

go through your stuff.

Think it's time,
it might be good for him, you know?

You were always better at
that sort of stuff than me,

but we'll see how it goes.

That way, it's done
before I have to take the stand.

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

A lot of people really love you.

We'll do our best, OK?

Promise.

DRAMATIC MUSIC

Relax.

So they found a boot, big deal.
It's not DNA.

We stick with what we agreed,
finalise the evidence.

Eileen will come through for us.

Mr Foyle?

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.

Sure you're up for this?

Right.

Shall we start in here?

There you go.

It's all right. It's all right.

It's OK.

JAMIE: 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.

You can't even turn a computer on.

I mean, I would eat my hat,

and I don't even have a hat.

Dad?

Mum said it was a surprise.

A nice surprise.

WILL: Speed-dial five,
would you, please?

What's going on, Dad?

I need to speak to someone,
then we'll go back, OK?

- You ready to dial?
- Please, can we go right now?

Jamie, press five on that phone
and hold it down.

MAYFIELD: 'Hello?'

When were you planning
on telling me?

'Will?'
When he was in jail?

'No, now listen...'
Never?

Were you just gonna send me
an ultrasound in the post?

'Are you driving?'

I want a meeting
with everyone tonight.

You, Gavin, the coroner... everyone!

Hang up.
'Listen to me.'

PHONE BEEPS

Sorry, Jamie.

Jamie?

I should have fought him harder.

It's my fault, I'm sorry.

- I should've tried again.
- Jamie, what are you saying?

I scratched his head.

You scratched him with your hands?

- And then I hid.
- You were in a box by the door.

Not the first time.

You moved?!

Dad, look out!

I'm sorry.

Me too.

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

And now I want you
to explain to me...

..exactly what happened.

PHONE RINGS

Yeah?
'Maggie, Peter.

'Forensic team just found DNA
at the cottage.'

Foyle's?
'Mm.

'The boy moved,
they found a sample under the sink.'

Get on the phone and get Maggie!

Cos I want my legal team,
not you, Simpkins!

You're driving me up the wall!
I can't hear you speak any more!

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

What does DNA mean?

Get Maggie here now!

ELEVATOR: '15th floor.
Doors opening.'

What kind of DNA
is the DNA that we've got?!

MUFFLED SHOUTING

Where did this DNA come from,
Mr Simpkins?!

"I can't tell you, Mr Foyle."
Is it from hair, Mr Simpkins?

Is it from semen?

- You've locked him in?
- He said he'll only speak with you.

- 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 low count sample.

Manifestly unreliable
if we do our job properly.

Well, he's not gonna see it
that way, is he?

I suppose not.

FOYLE: It puts me there.

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

It puts me at the locus, 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...
hereon in?

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

with his 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 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.

But 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.

AS PETER: But it's science,
and you can't argue with science.

I can, Mr Foyle.

In fact...

I can be very persuasive.

Good.

DRAMATIC MUSIC

WOMAN: Be upstanding in court.

Mr Burton, I know this is
going to be hard for you

given the circumstances,
so please take your time.

WILL: I saw him through the window.
MAYFIELD: 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 those times

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

None whatsoever.

JUDGE: Ms Gardner?

Mr Burton, you are a practicing

criminal defence 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 should 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

of the need for caution
before convicting anyone

in any case that relies so heavily
on eyewitness identification?

Yes.

Should the judge, in that situation,

ask the jury to closely examine
every circumstance

in which the identification
was made?

- Yes.
- Would...

I can list them 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 killed,
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
identification 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 Seven, Code of Conduct.

Please try and remember
that you are a witness...

and not counsel in this case,
Mr 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 we 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?

It's a formal letter
listing a complaint

against a practicing 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 be very useful indeed.

But it wasn't that man,
was it, Mr Burton?

You just wanted it to be.

DRAMATIC MUSIC

- You have to stop her.
- A bit late for that.

She's twisting the facts around
to make them wrong.

Doing a good job of it too.

If defence had a problem,

they should've argued it
at the time.

MAGGIE: The issue's
only just come to light.

WILL: There is compelling evidence!

Can I come round tonight, please?
Please, I'm freaking out.

How did he know?
There's no way he could have known.

WILL: When you killed her,
did she die quickly?

How do you live with yourself?

- You had us worried for a minute.
- I'm just full of surprises.

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