Original subtitles

Thank you, my friend.

Pleasure. Take care.

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

WILL: Kate? Jamie!

JAMIE: Dad!

WILL: You're defending him?

You know as well as I do, for good or bad,

everyone deserves a defence.

Mr Burton will not be in court.

As he's a witness, he cannot act for the Crown in any way.

So he just has to watch.

Foyle had a storage unit. Someone took it on after him.

If something's not turning up, we need to look for someone else.

And what did you make for dinner that night?

Spaghetti carbonara.

JAMIE: I should've fought him harder.

- WILL: What are you saying? - I scratched his head.

- You scratched him with your hands? - And then I hid.

You moved?!

MAN: 'Forensic team just found DNA at the cottage.'

Foyle's?

MAN: 'They want to meet.'

In the shock and trauma of finding your wife,

you look up at the window and you see 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.

BIRDS CHIRPING

CLOCK TICKING

Thanks. Morning.

- Good morning, Dr Lambert. - Sorry I'm late.

Remind me?

- Low-count DNA. Kate Burton. - Oh, yeah.

Straight shot this morning.

They'll try and trip you on the low count.

Keep your answers simple and to the point.

Thanks for the tip. I've only done this 400 times.

MAYFIELD: Did this analysis prove conclusively

that the DNA discovered in the cottage

matches that of a particular individual?

LAMBERT: It did.

MAYFIELD: Whose DNA did the sample match?

We matched the sample to the DNA of Mr Liam Foyle.

FOYLE SCOFFS

We are very stringent about our quality controls.

We take our job extremely seriously.

Oh, that is very reassuring.

Were you responsible for analysing DNA samples

in connection with Crown vs Foyle last year?

I believe so.

You believe so?

Yes, we were.

And in order to do that, samples of my client's DNA

would've been sent to and processed by your lab.

- Is that correct? - Well, yes, there's a...

Thank you. So my client's DNA, at that time,

would've been effectively distributed throughout that lab

like dust through an old house?

My Lord...

JUDGE: I take it this is leading somewhere?

I'm just arriving now, My Lord.

Dr Lambert, I have a sworn statement from your laboratory

that confirms a deep clean was recently performed

in all cleanroom areas on the 12th of this month.

You brought the schedule forward. Why was that?

Oh, come on!

JUDGE: Mr Mayfield.

GARDNER: Dr Lambert, if you please.

We conduct regular cleaning.

We recently decided to increase the number of cleans.

GARDNER: Why was the schedule brought forward?

I noticed that your cleaning schedule is normally enacted

on a clear and regulated basis, so something must've happened.

LAMBERT: It was necessary.

Are you or are you not in the process

of an internal investigation into the viability

of contaminants within the laboratory?

Please answer yes or no.

But you can't answer...

Yes.

GARDNER: Are you concerned about your failure rate?

Am I? Everyone's concerned about their failure rate!

It's an industrywide concern!

GARDNER: Thank you.

MAYFIELD: My Lord, this is new information.

JUDGE: It should've been disclosed.

GARDNER: What's clear beyond doubt is this DNA evidence

is utterly compromised.

You have to stop her.

It's a wee bit late for that.

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

Doing a good job of it, too.

If we don't have this DNA, then what do we have?

A problem. HE SIGHS

Spaghetti carbonara and an Arctic roll for afters.

MAYFIELD: Miss Morris, that's a matter for defence counsel.

All I want to ask you about is the search of your storage unit,

not the defence alibi, such as it is.

Please stick to the matter at hand.

My Lord!

Get on with it, Mr Mayfield.

MAYFIELD: Miss Morris, you maintain a contract

with this storage facility?

I do, yes.

And when these premises were searched by the police

a few days ago,

a pair of size 12 boots was recovered from your unit.

- Isn't that right? - Yes, the other unit.

MAYFIELD: Are these your boots? They seem rather large for you.

What other unit? My Lord, this is new information.

MAYFIELD: All new information was given

to my learned friend yesterday. - Chain of continuity, My Lord.

Usher.

MAYFIELD: The warrant was for Eileen Morris's possessions

in the storage unit.

They had no authority to search F38.

Only F37. The search of F38 was unlawful.

If defence had a problem with the evidence,

they should've argued it at the appropriate time.

Er, the issue has only just come to light.

Foyle's previous use of F37 connects him to it.

It falls within the chain of continuity.

F38 was entirely separate!

Judge, obviously I will ask you to exclude this evidence

under Section 78. - It was the unit next door!

And should you request, I will no doubt accede.

Then, I respectfully submit, My Lord,

there is no case to answer.

In the absence of any viable evidence...

There is compelling evidence!

The... eyewitness evidence of a broken man,

alone and devastated in the dark...

JUDGE: 'Having heard arguments from counsel

'as to the strength of the evidence at this stage of the trial,

'I have concluded the following.

'There is insufficient evidence

'for the case to continue for your consideration.'

For that reason, on my direction,

you will return a verdict of not guilty.

On His Lordship's direction,

do you find the defendant not guilty?

FOREWOMAN: Not guilty.

GARDNER: And is that the verdict of you all?

FOREWOMAN: Yes.

USHER: All rise.

JUDGE: Mr Foyle, you may leave the dock.

Congratulations.

Oh, thanks.

Margaret...

Thank you, my friend.

GARDNER: Pleasure. Take care.

- Ugh! - Are you all right there, mate?

Sorry, my foot slipped.

Are you all right? Yeah?

Jamie.

APPLAUSE

Ah, she blows! Pull! CORK POPS

A consummate performance.

First class.

This is for you.

I believe you've earned it.

Pretty juicy, too!

Ooh! Thank you.

SIRENS WAIL IN DISTANCE

WILL: Vadim!

Excuse me. Mr Will.

You're looking well.

I'm sorry to hear about your wife.

Thank you.

If there is anything I can do for you...

What time do you finish work?

MAN: I clone it fast.

The name you wanted, Beinn Alligin.

CAR ENGINE STARTS

Hi.

Look, sorry, I just wanted to come and...

I'm not sure why I came, actually.

Was that who I think it was?

I thought you'd be out celebrating.

No, just...

I'm sorry.

- It's just... - Your job.

Look, no hard feelings. By which I mean...

Watch yourself, Maggie.

SHE GASPS

Can I...

Can I come round tonight, please?

Please. I'm freaking out!

JOHANN: 'I think this is most inappropriate.'

Oh, come on, think!

How did he know? There's no way he could've known!

JOHANN: 'If you're that concerned, I suggest you call the police.'

Oh, God!

Oh, God, I've just completely...

We have a window for appeal.

Och!

- Maybe not now, but... - Come on!

- No, optimism was never... - Forget it. We lost.

It's over.

SEAGULLS CALL

DANNY: Will!

Are you coming?

I never knew about this place.

Yeah, Kate's cousin lets us use it every now and again.

Cracking bottle of wine inside, if you're interested?

I tell you what, it took some real sleuthing to find you.

You know my methods, Watson. Red or white?

Er, you choose.

- Oh! - How are you, Danny?

All the better for seeing you, mate!

Pop those in the pot, would you?

- That's alive, alive-o. - Now you're talking.

Oh, here! You pasta, me sauce.

Don't you need a permit for those?

Public right to fish in tidal waters.

Malcolmson v O'Dea, 1863.

Then before that, the Magna Carta, though to be fair,

it's not actually mentioned in the Magna Carta,

everyone just thinks it was.

So, strictly speaking, right now, we just broke the law.

Well, to be precise, you did.

Yeah, except now, you're an accessory.

- What about me? - Probably just a caution.

- Thanks (!) - You're very welcome.

Stop crying and pour some wine.

Not even a civil suit.

We're not going in that direction.

Even if we get him, no-one wins.

It's not gonna bring her back.

So we're just gonna sit here, then?

Are you keeping busy?

I've been offered Chambers Manager at Citadel.

Manchester.

You do know what they do to QPR supporters there, don't you?

I'm sorry you had to take that fall, Danny.

You had us all worried for a minute, disappearing like that.

Why's that?

- You always seem so planned. - You haven't seen the school run.

I mean, it's not like you to do anything on the fly.

Well, that's me all over, Danny. I'm just full of surprises.

How long does it take to get to Edinburgh?

Ten minutes, the way you drive.

Try not to take off, OK?

Oi, I'll be back as soon as I can.

Look after Granny for me.

- Dad. - Yeah?

You're shaking.

Look, I mean, if you really were thinking of coming here,

we'd... obviously be very interested

in having you join the set.

Well, no, I'm actively looking.

My family needs a change of scene, so...

Oh, well, for families, it's a lovely place!

You should rent a car and drive around a bit

while you're here, see the scenery.

I might just do that.

INDISTINCT CHATTER

LAUGHTER

- What would you like? - Hi. Do you mind if I use your loo?

Thanks.

TOILET FLUSHING

TUNEFUL WHISTLING

HORNS BEEP

FOYLE: What's the law on home invasion these days?

I'm a little cloudy.

What's a proportionate response

to someone surprised in their home by a stranger?

I need to ask you something.

FOYLE: I'm on Facebook.

I know.

Well... you're here now...

..so you can ask me whatever you like.

When did you decide to kill my wife?

Please, I need to know.

When you killed her... did she die quickly?

Are you playing a character?

Are you?

Are you all the way up there, looking all the way down here?

And do you think I'm a little bit stupid?

You're going about this all wrong.

Well, you're the expert.

RECORDING: 'When did you decide to kill my wife?'

You and your brain.

You ever seen a brain up close? It looks like a cauliflower.

The neural cortex looks like icing.

They say it's what separates us from the animals.

But we are animals.

We're mammals. Like a lion.

You wouldn't blame a lion for being a lion, would you, Will?

Especially if you were the one who let him out.

How do you live with yourself?

I forgive myself.

HE COUGHS

How do you live with yourself? HE COUGHING

HEAVIER COUGHING

HACKING COUGH

HE GARGLES LOUDLY

PAINED GARGLING

HE GRUNTS

HOARSELY: You're very clever!

HEAVY COUGHING

My pen...

Get the pen!

SHALLOW GASPING

GASPING CONTINUES

GASPING CONTINUES

GASPING CONTINUES

DIAL TONE

Ambulance.

OPERATOR: 'It's an oval tube.'

Oval tube. Yes, yes!

It's sort of grey, with an orange end.

'Yeah, that's it.'

I'm putting you on speaker. Can you still hear me?

'Yes, I can hear you.

- 'Are you holding the tube?' - Yeah.

'Now, put your fist around the tube.'

OK.

'Hold the orange tip near the thigh.'

He has his trousers on.

'The needle will go through the clothing.

'Hold the orange tip near his thigh.

'With your other hand, pull off the blue safety release.'

OK. Done it.

'Now, swing and firmly push the tip against the thigh until it clicks,

'and hold it there for ten seconds. Did you get that?'

Swing, click, wait, OK. Here goes.

NEEDLE HISSING What was that?

'You probably heard the needle mechanism.

'It's spring-loaded.'

- OK. - 'The drug in the EpiPen

'should keep him steady till the ambulance gets to you.'

- 'Are you still with me?' - Yeah, I'm here.

- 'You're doing great.' - What now?

'OK, you can take it out. Now, look at the barrel.

'Is there a red strip visible on the barrel?

'That will tell you that the drug went in.'

Er, hang on. Hang on.

I can't see it.

'Just above the writing, there's a window.'

Oh, yes! Yes, yes, yes, it's there!

'Is the patient responding?'

Argh!

'Sir?

'Sir, hello? Anybody hear me?

'Hello?' FOYLE GASPS

'Anybody there?

'Hello, sir?

'Can you hear me?'

WILL COUGHS

GLASS SHATTERS

WILL GROANS

WILL PANTS

SIREN WAILS

RADIO CHATTER, WILL COUGHS

- PARAMEDIC: Are you all right? - Yeah, just a bit of smoke.

- Just the two of you up there? - Yeah.

Showing vasodilation. Capillary leak.

- Is he gonna be OK? - Bad shoulder bleed here.

Let's concentrate on his breathing.

Here you are, mate. You're gonna be all right.

We're just the paramedics.

PARAMEDIC: You'd better come with us.

- No, my car's... - No, mate, we can't leave you.

You're gonna come with us. Bring that green bag, please.

One, two, three. Lift!

PARAMEDIC: OK, let's go.

SIRENS WAIL

Your friend was there, used your EpiPen.

We've got some more adrenalin ready if you need it, all right?

Everything is OK.

I know your breathing's not that easy at the moment

but we'll be in the hospital in five minutes, OK?

So you just hang on there.

Just open your eyes. MONITOR BEEPING

Chest compressions!

OK, we've got one milligram of adrenalin.

OK, well done. All right, mate.

Mind if I open a window? I think I'm gonna be sick.

PARAMEDIC: He's arrested in the back.

DISTANT SIRENS

VENTILATOR HISSES

INDISTINCT CHATTER

NURSES: One, two, three. slide.

FLATLINE TONE

OFFICER: William Burton?

Will you come with me, please?

Did you and Mr Foyle have any interactions?

Yes.

He attacked me, and I stabbed him.

With this.

Quite a shock, don't you think?

What is?

He's dead?

Keep reading.

Excuse me. Does Vadim Kumarin still work here?

Do you know where he might be? Do you know...

OK.

Thank you.

SHE SIGHS Welcome to Scotland.

Oh, is that where I am?

I wondered why everyone here was Scottish.

Some good news from the Fiscal.

They're saying they'd recommend acceptance

if you offered a Section 76 plea of culpable homicide.

Probably a 30% discount on sentence.

That's nine years at most. Out in six.

That's good news because...

Because you're in serious trouble.

If you're thinking of going not guilty,

that's a murder trial, and the Crown's gonna be all out

for your blood.

Look, I typed up a draft plea offer for you.

This is a choice.

You've got life, with a minimum of 20 years for murder,

or sign the offer, do six years and see your son finish school,

instead of missing the whole thing.

I'm not missing a single second!

Don't be like this. Come on.

You need to seriously consider this.

- Do you think I did it? - No!

No.

Of course I don't.

Make sure you recycle that.

I appreciate you coming down, Jen, but I think I'll do it myself.

- You can't. - I can.

In fact, I can do all of it myself.

No, you can't! This is Scots law, idiot.

There's a thousand differences.

Renton and Brown, right? That's a punchy read.

You've always been there for me, and I'm sorry,

but this isn't gonna work out.

What do you think you're doing? Eh?

- I'm trying to help you here! - I know.

Thank you...

..but I'll take it from here.

SHE SIGHS

Court!

Ladies and gentlemen,

the charge on the indictment is that, on the 23rd of March,

at a house near Overton in Kielder Forest, Scotland,

William Burton did assault Liam Michael Foyle

and did stab him on the body with a knife

containing thereon a substance,

knowing that this would cause severe injury,

anaphylaxis and death to the recipient,

and he did murder him.

Call the diet of Her Majesty's advocate

against William Burton.

We have no opening speeches in Scottish courts, Mr Burton,

just in case you were planning on making one at this stage.

Oh. Really?

Mr Burton, you know you have been strongly advised

against representing yourself.

It's been made very clear, My Lord.

Very well.

WILL: Can I move my papers to the table?

No.

I can't very well run my case from the dock, can I?

JUDGE: That, Mr Burton, is exactly what you are going to do.

What are you doing?

BALFOUR: Is this a common allergy?

Not really. It's an allergy to a particular gastropod.

Specifically, limpets.

He was deathly allergic to limpets?

PATHOLOGIST: Well, more specifically,

an active protein known as tropomyosin.

BALFOUR: And where was this allergen?

How did Mr Foyle come into contact with it?

Localised swelling at the wound site suggests it may have been present

on the weapon used to injure him before he died.

BALFOUR: Thank you, Doctor.

Mr Burton?

No, thank you, My Lord.

Mr Burton, you are aware, of course,

that once you give evidence on your own behalf,

you are opening yourself up to cross-examination by the Crown?

Very well aware, My Lord.

WILL ON RECORDING: 'What now?'

OPERATOR: 'OK, you can take it out. Now, look at the barrel.

'Is there a red strip visible on the barrel?

'That will tell you that the drug went in.'

WILL: 'Er, hang on. Hang on.

'I can't see it!'

OPERATOR: 'Just above the writing, there's a window.'

WILL: 'Oh, yes! Yes, yes, yes, it's there!'

OPERATOR: 'Is the patient responding?'

THUD AND GROAN

OPERATOR: 'Sir? Sir? Hello?

'Anybody hear me?' WHITE NOISE

RECORDING STOPS

BALFOUR: You appear to be very calm during this interaction.

- Were you? - I was trying to be.

What were you doing in Kielder Forest, Mr Burton?

I had a job interview in Carlisle,

and the person I spoke to suggested that I tour around a bit.

Do you normally conduct job interviews with a knife?

I got married with a knife.

Every Scotsman worth his kilt gets married with a knife.

You bumped into Mr Foyle by pure chance?

Yes. I saw him in a pub,

and I felt compelled to confront him.

You sought him out to force a confession.

Isn't that correct?

Yes.

Yes?

Yes, that's right.

Double jeopardy law, pertaining to compelling new evidence.

JUDGE: I believe Mr Burton has answered the question.

My Lord.

A confession - something that you would have desired very much.

Yes.

BALFOUR: And yet when he denied you this request, you took his life.

- No. - You flew into a rage

and attacked him with a knife, didn't you?

When was this, sorry?

When you slashed him with the knife, as you've said clearly

in your statement.

Oh, yes, before I carried him out of a burning building.

JUDGE: Mr Burton!

Just being clear on chronology.

Flying close to the sun.

A gastropod allergy.

A specific kind of shellfish.

Not exactly easy information to find out.

No, I'd imagine not.

BALFOUR: Have you ever had cause

to access a client's medical records?

Yes, though only if pertinent to the case.

BALFOUR: In the case of Sandra Mullins,

you were lead counsel for Mr Foyle's defence.

WILL: I was.

Did you ever request any medical information

regarding Mr Foyle?

No.

BALFOUR: You did not?

No, I did not access his files.

I believe his "no" was sufficient.

My Lord. You cannot prove this, of course.

He was your client.

You were intimately acquainted with his information.

No.

Erm, confidential medical files are all digitised

and kept securely at the solicitor's,

or, presumably, equally securely at his doctor's or hospital.

Which is a longwinded way of saying no,

I did not access his files, and, yes, I can prove it.

What Mr Burton is asking of you is very simple,

ladies and gentlemen.

He wants you to believe his little story.

He wants you to believe that, through an ironic twist of fate,

this was the wrong knife, in the wrong hand,

at the wrong time.

I respectfully submit to you

that this is pure fabrication.

This was foreknowledge, with malicious intent.

He will tell you otherwise, but I ask only this question.

He tells a good story, but do we really believe him?

WILL: I'm a lawyer.

I have lived and believed in the law all my life.

But until the law happens to you...

..believe me, you don't know which way you're gonna go.

The man I faced in that cabin...

..is the man I know, beyond all doubt, murdered my wife.

I could've done a lot of things to him.

Instead, I saw him suffer,

and I called an ambulance.

I removed him from danger.

I did what any decent human being should do.

But make no mistake, I did those things

out of nothing more than a sincere duty

to our common decency.

I did so because that's what's expected

when you're a person in the world.

I risked my life to save the man who took away my heart...

..my compass, my anchor...

..and my best friend.

I faced him down with a knife in my hand.

I could've let him burn.

In the circumstances, I believe I exerted

an extraordinary amount of restraint.

Liam Foyle is dead.

I rejoice in his passing.

But you should not convict me of his murder.

- Will! - That's your one.

Will.

Oh, hi!

OK, interesting.

I wanted to talk to you.

Well, I'd hurry up if I were you. You know what juries can be like.

They can't deliberate forever.

How are you feeling?

How am I feeling?

When you heard what happened.

Come on, you weren't just a wee bit relieved?

I need to talk to you.

Moral support?

Legal advice.

I've been grappling with a case that's been bothering me,

and wondered if you could help.

Be right back.

Shoot.

Something occurred to me the other day.

That if you wanted to break into a safe,

the first person you'd call is a locksmith,

and... if you wanted to commit murder

and get away with it,

you might just wanna talk to a criminal barrister.

That's an interesting idea.

Well, I see enough cases turn on discovery

to know that a perfect crime only stays perfect

if it's done in plain sight, wouldn't you say?

Could be.

Everyone would have all the facts in front of them

and they'd still have no idea how he really did it.

Step one. He'd find the Achilles' heel.

A deathly allergy, say. A rare one.

How did this person find out something like that?

What does a criminal barrister do all day long?

- Chase invoices. - Talk to criminals.

'Wouldn't that give him an address book,

'full of potential contacts?

'For example, on the case that I'm working on,

'the man was seen talking to a known criminal.'

WILL: 'How would the person be sure it was him?

'The criminal, I mean.

'Presuming it was a he, of course.'

GARDNER: 'He was well known to the eyewitness.'

'WILL: But was it day or night? Was he on foot, in a vehicle?'

Was the observer under any stress at all?

Step two.

What if he found a natural-occurring source

for the allergen, somewhere innocent and everyday?

'If they argue self-defence,

'they might load up a weapon with that allergen

'to administer the dose.'

WILL: 'With you so far.'

But to put so much weight on one dose of allergen

might not be enough, don't you think?

Well, I wouldn't know the first thing about it.

Step three.

These people with allergies of such severity

that they cause anaphylaxis,

they carry these little life-saving pens with them,

don't they, called EpiPens?

'Do you think it's possible to repurpose a pen as a poison pen?

'By replacing the carrier solution with a solution of the allergen,'

a person might sabotage the very thing

that would save a person's life.

That sounds diabolical.

It does, doesn't it?

You mentioned a legal question.

And if that person called 999, and the emergency services

talked them through administering that pen to the victim,

it's almost like collusion in the crime

with the emergency services. They'd be walking that person,

step by step, through the murder.

Oh, you mean they'd have a public record of the conversation?

- Yes. - That might fly.

But I really don't think anyone would seriously attempt it.

- Why not? - I think murder's against the law!

I mean, last time I looked.

- Will... - You're drawing a line.

A big red one. There's a huge difference

between knowing where the line is and stepping over it.

I know I couldn't.

Why not?

I'd be scared of getting caught.

You just said it was the perfect crime.

Oh, it is. SHE CHUCKLES

It is.

Except for three things.

Three?

Really?

One, disposing the weapon.

There'd be two EpiPens, of course - the innocent one

and the murder weapon.

'The killer would have to discharge the innocent EpiPen,

'the one belonging to the victim, left at the locus,

'so it looked like he'd done what he talked to emergency services about.'

Then I imagine he'd have to chuck the poisoned EpiPen

into the sharps disposal bags at the hospital.

'But there's a chance it could be found before being incinerated

'if the police do a full-scale search.'

Ah! Very clever.

Two.

Obtaining the pen in the first place.

He'd have to know someone with a... with a prescription already.

Hmm. Good point.

Oh, and then there's number three.

Patient suffered IgE phylum mollusca allergy,

severe bronchospasm and anaphylaxis, and,

under "Additional Observations",

hidden away in the footnotes... some local swelling at wound...

..and injection site.

But, you know, they don't test for epinephrine after death,

so there's no way of knowing if the EpiPen had been used or not,

except for the puncture wound.

So my number three is this:

risk of a follow-up histology on local puncture site.

You have a very creative mind.

But would that person be able to sleep soundly...

..knowing that, at any moment, there might be another postmortem

that identifies allergen at the EpiPen site?

SHE INHALES SHARPLY

Well, I guess that depends.

On what?

On whether the body's been cremated.

SHE SOBS

USHER: 'Can the foreman stand, please?'

Have you reached a verdict?

FOREWOMAN: We have.

USHER: In the case of Her Majesty's Advocate

against William Burton,

how do you find the accused on the charge of murder?

FOREWOMAN: Not proven.

Yes! COURTROOM MUTTERING

JUDGE: Silence, please.

MUTED CLAPPING

Silence, please.

REPORTER: Mr Burton! Mr Burton! Any comments, Mr Burton?

Not proven, of course,

the third verdict available in Scottish law.

Effectively an acquittal, but one which suggests

a suspicion of guilt...

REPORTER: Do you think you would've got away with it

in an English court of law, Mr Burton?

Take care.

REPORTERS TALK OVER EACH OTHER

OK.

Hold it down.

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