1 00:00:04,000 --> 00:00:05,680 Thank you, my friend. 2 00:00:05,680 --> 00:00:08,280 Pleasure. Take care. 3 00:00:09,800 --> 00:00:13,240 You shouldn't watch scary movies so close to bedtime. 4 00:00:13,240 --> 00:00:14,840 WILL: Kate? Jamie! 5 00:00:14,840 --> 00:00:16,200 JAMIE: Dad! 6 00:00:18,680 --> 00:00:20,320 WILL: You're defending him? 7 00:00:20,320 --> 00:00:22,520 You know as well as I do, for good or bad, 8 00:00:22,520 --> 00:00:24,240 everyone deserves a defence. 9 00:00:24,240 --> 00:00:25,600 Mr Burton will not be in court. 10 00:00:25,600 --> 00:00:28,080 As he's a witness, he cannot act for the Crown in any way. 11 00:00:28,080 --> 00:00:30,320 So he just has to watch. 12 00:00:30,320 --> 00:00:32,600 Foyle had a storage unit. Someone took it on after him. 13 00:00:32,600 --> 00:00:35,240 If something's not turning up, we need to look for someone else. 14 00:00:35,240 --> 00:00:37,680 And what did you make for dinner that night? 15 00:00:37,680 --> 00:00:39,280 Spaghetti carbonara. 16 00:00:39,280 --> 00:00:40,880 JAMIE: I should've fought him harder. 17 00:00:40,880 --> 00:00:42,920 - WILL: What are you saying? - I scratched his head. 18 00:00:42,920 --> 00:00:45,080 - You scratched him with your hands? - And then I hid. 19 00:00:45,080 --> 00:00:46,240 You moved?! 20 00:00:46,240 --> 00:00:48,320 MAN: 'Forensic team just found DNA at the cottage.' 21 00:00:48,320 --> 00:00:49,560 Foyle's? 22 00:00:49,560 --> 00:00:51,360 MAN: 'They want to meet.' 23 00:00:51,360 --> 00:00:53,480 In the shock and trauma of finding your wife, 24 00:00:53,480 --> 00:00:55,080 you look up at the window and you see a man 25 00:00:55,080 --> 00:00:58,240 whose absence from your life would be very useful indeed, 26 00:00:58,240 --> 00:01:00,800 but it wasn't that man, was it, Mr Burton? 27 00:01:00,800 --> 00:01:03,000 You just wanted it to be. 28 00:01:39,600 --> 00:01:43,000 BIRDS CHIRPING 29 00:02:22,680 --> 00:02:25,760 CLOCK TICKING 30 00:02:34,120 --> 00:02:35,880 Thanks. Morning. 31 00:02:35,880 --> 00:02:38,040 - Good morning, Dr Lambert. - Sorry I'm late. 32 00:02:38,040 --> 00:02:39,200 Remind me? 33 00:02:39,200 --> 00:02:41,760 - Low-count DNA. Kate Burton. - Oh, yeah. 34 00:02:41,760 --> 00:02:43,000 Straight shot this morning. 35 00:02:43,000 --> 00:02:44,680 They'll try and trip you on the low count. 36 00:02:44,680 --> 00:02:46,400 Keep your answers simple and to the point. 37 00:02:46,400 --> 00:02:49,120 Thanks for the tip. I've only done this 400 times. 38 00:02:50,720 --> 00:02:52,960 MAYFIELD: Did this analysis prove conclusively 39 00:02:52,960 --> 00:02:56,240 that the DNA discovered in the cottage 40 00:02:56,240 --> 00:02:58,440 matches that of a particular individual? 41 00:02:58,440 --> 00:02:59,520 LAMBERT: It did. 42 00:02:59,520 --> 00:03:02,080 MAYFIELD: Whose DNA did the sample match? 43 00:03:02,080 --> 00:03:06,320 We matched the sample to the DNA of Mr Liam Foyle. 44 00:03:06,320 --> 00:03:08,080 FOYLE SCOFFS 45 00:03:08,080 --> 00:03:10,640 We are very stringent about our quality controls. 46 00:03:10,640 --> 00:03:13,160 We take our job extremely seriously. 47 00:03:13,160 --> 00:03:14,480 Oh, that is very reassuring. 48 00:03:14,480 --> 00:03:17,280 Were you responsible for analysing DNA samples 49 00:03:17,280 --> 00:03:20,400 in connection with Crown vs Foyle last year? 50 00:03:20,400 --> 00:03:22,080 I believe so. 51 00:03:22,080 --> 00:03:24,000 You believe so? 52 00:03:25,320 --> 00:03:26,640 Yes, we were. 53 00:03:26,640 --> 00:03:29,240 And in order to do that, samples of my client's DNA 54 00:03:29,240 --> 00:03:31,960 would've been sent to and processed by your lab. 55 00:03:31,960 --> 00:03:34,200 - Is that correct? - Well, yes, there's a... 56 00:03:34,200 --> 00:03:38,400 Thank you. So my client's DNA, at that time, 57 00:03:38,400 --> 00:03:41,160 would've been effectively distributed throughout that lab 58 00:03:41,160 --> 00:03:43,720 like dust through an old house? 59 00:03:43,720 --> 00:03:44,760 My Lord... 60 00:03:44,760 --> 00:03:46,720 JUDGE: I take it this is leading somewhere? 61 00:03:46,720 --> 00:03:48,480 I'm just arriving now, My Lord. 62 00:03:48,480 --> 00:03:50,960 Dr Lambert, I have a sworn statement from your laboratory 63 00:03:50,960 --> 00:03:53,520 that confirms a deep clean was recently performed 64 00:03:53,520 --> 00:03:56,240 in all cleanroom areas on the 12th of this month. 65 00:03:56,240 --> 00:03:58,280 You brought the schedule forward. Why was that? 66 00:03:58,280 --> 00:03:59,440 Oh, come on! 67 00:03:59,440 --> 00:04:00,640 JUDGE: Mr Mayfield. 68 00:04:00,640 --> 00:04:03,360 GARDNER: Dr Lambert, if you please. 69 00:04:03,360 --> 00:04:05,440 We conduct regular cleaning. 70 00:04:05,440 --> 00:04:07,680 We recently decided to increase the number of cleans. 71 00:04:07,680 --> 00:04:09,640 GARDNER: Why was the schedule brought forward? 72 00:04:09,640 --> 00:04:12,000 I noticed that your cleaning schedule is normally enacted 73 00:04:12,000 --> 00:04:15,720 on a clear and regulated basis, so something must've happened. 74 00:04:15,720 --> 00:04:17,040 LAMBERT: It was necessary. 75 00:04:17,040 --> 00:04:18,760 Are you or are you not in the process 76 00:04:18,760 --> 00:04:21,200 of an internal investigation into the viability 77 00:04:21,200 --> 00:04:23,040 of contaminants within the laboratory? 78 00:04:24,640 --> 00:04:26,960 Please answer yes or no. 79 00:04:28,080 --> 00:04:29,640 But you can't answer... 80 00:04:32,040 --> 00:04:33,440 Yes. 81 00:04:33,440 --> 00:04:35,560 GARDNER: Are you concerned about your failure rate? 82 00:04:35,560 --> 00:04:38,680 Am I? Everyone's concerned about their failure rate! 83 00:04:38,680 --> 00:04:40,360 It's an industrywide concern! 84 00:04:40,360 --> 00:04:41,400 GARDNER: Thank you. 85 00:04:41,400 --> 00:04:43,840 MAYFIELD: My Lord, this is new information. 86 00:04:43,840 --> 00:04:45,360 JUDGE: It should've been disclosed. 87 00:04:45,360 --> 00:04:47,680 GARDNER: What's clear beyond doubt is this DNA evidence 88 00:04:47,680 --> 00:04:49,200 is utterly compromised. 89 00:04:52,560 --> 00:04:54,160 You have to stop her. 90 00:04:54,160 --> 00:04:55,880 It's a wee bit late for that. 91 00:04:55,880 --> 00:04:58,120 She's twisting the facts around to make them wrong. 92 00:04:58,120 --> 00:04:59,520 Doing a good job of it, too. 93 00:05:00,560 --> 00:05:03,000 If we don't have this DNA, then what do we have? 94 00:05:05,000 --> 00:05:07,360 A problem. HE SIGHS 95 00:05:09,200 --> 00:05:14,280 Spaghetti carbonara and an Arctic roll for afters. 96 00:05:14,280 --> 00:05:17,000 MAYFIELD: Miss Morris, that's a matter for defence counsel. 97 00:05:17,000 --> 00:05:20,360 All I want to ask you about is the search of your storage unit, 98 00:05:20,360 --> 00:05:22,880 not the defence alibi, such as it is. 99 00:05:22,880 --> 00:05:24,880 Please stick to the matter at hand. 100 00:05:24,880 --> 00:05:26,160 My Lord! 101 00:05:26,160 --> 00:05:27,800 Get on with it, Mr Mayfield. 102 00:05:27,800 --> 00:05:30,040 MAYFIELD: Miss Morris, you maintain a contract 103 00:05:30,040 --> 00:05:31,920 with this storage facility? 104 00:05:31,920 --> 00:05:33,640 I do, yes. 105 00:05:33,640 --> 00:05:35,720 And when these premises were searched by the police 106 00:05:35,720 --> 00:05:36,760 a few days ago, 107 00:05:36,760 --> 00:05:40,800 a pair of size 12 boots was recovered from your unit. 108 00:05:40,800 --> 00:05:43,440 - Isn't that right? - Yes, the other unit. 109 00:05:43,440 --> 00:05:47,000 MAYFIELD: Are these your boots? They seem rather large for you. 110 00:05:47,000 --> 00:05:49,680 What other unit? My Lord, this is new information. 111 00:05:49,680 --> 00:05:51,880 MAYFIELD: All new information was given 112 00:05:51,880 --> 00:05:54,520 to my learned friend yesterday. - Chain of continuity, My Lord. 113 00:05:54,520 --> 00:05:55,560 Usher. 114 00:05:59,320 --> 00:06:02,240 MAYFIELD: The warrant was for Eileen Morris's possessions 115 00:06:02,240 --> 00:06:03,400 in the storage unit. 116 00:06:03,400 --> 00:06:05,360 They had no authority to search F38. 117 00:06:05,360 --> 00:06:08,840 Only F37. The search of F38 was unlawful. 118 00:06:08,840 --> 00:06:10,680 If defence had a problem with the evidence, 119 00:06:10,680 --> 00:06:13,360 they should've argued it at the appropriate time. 120 00:06:13,360 --> 00:06:15,640 Er, the issue has only just come to light. 121 00:06:15,640 --> 00:06:18,280 Foyle's previous use of F37 connects him to it. 122 00:06:18,280 --> 00:06:20,080 It falls within the chain of continuity. 123 00:06:20,080 --> 00:06:22,160 F38 was entirely separate! 124 00:06:22,160 --> 00:06:24,840 Judge, obviously I will ask you to exclude this evidence 125 00:06:24,840 --> 00:06:27,400 under Section 78. - It was the unit next door! 126 00:06:34,600 --> 00:06:37,520 And should you request, I will no doubt accede. 127 00:06:39,960 --> 00:06:43,160 Then, I respectfully submit, My Lord, 128 00:06:43,160 --> 00:06:44,920 there is no case to answer. 129 00:06:46,280 --> 00:06:48,440 In the absence of any viable evidence... 130 00:06:48,440 --> 00:06:50,080 There is compelling evidence! 131 00:06:56,840 --> 00:07:00,760 The... eyewitness evidence of a broken man, 132 00:07:00,760 --> 00:07:03,400 alone and devastated in the dark... 133 00:07:08,560 --> 00:07:11,000 JUDGE: 'Having heard arguments from counsel 134 00:07:11,000 --> 00:07:15,360 'as to the strength of the evidence at this stage of the trial, 135 00:07:15,360 --> 00:07:17,360 'I have concluded the following. 136 00:07:19,680 --> 00:07:23,040 'There is insufficient evidence 137 00:07:23,040 --> 00:07:26,520 'for the case to continue for your consideration.' 138 00:07:26,520 --> 00:07:29,520 For that reason, on my direction, 139 00:07:29,520 --> 00:07:34,360 you will return a verdict of not guilty. 140 00:07:34,360 --> 00:07:36,320 On His Lordship's direction, 141 00:07:36,320 --> 00:07:39,840 do you find the defendant not guilty? 142 00:07:39,840 --> 00:07:41,240 FOREWOMAN: Not guilty. 143 00:07:41,240 --> 00:07:43,960 GARDNER: And is that the verdict of you all? 144 00:07:43,960 --> 00:07:45,520 FOREWOMAN: Yes. 145 00:07:46,800 --> 00:07:48,400 USHER: All rise. 146 00:07:53,160 --> 00:07:54,840 JUDGE: Mr Foyle, you may leave the dock. 147 00:08:02,120 --> 00:08:04,000 Congratulations. 148 00:08:04,000 --> 00:08:05,520 Oh, thanks. 149 00:08:05,520 --> 00:08:07,080 Margaret... 150 00:08:07,080 --> 00:08:08,680 Thank you, my friend. 151 00:08:10,000 --> 00:08:11,800 GARDNER: Pleasure. Take care. 152 00:08:36,240 --> 00:08:38,520 - Ugh! - Are you all right there, mate? 153 00:08:38,520 --> 00:08:40,040 Sorry, my foot slipped. 154 00:08:40,040 --> 00:08:41,720 Are you all right? Yeah? 155 00:09:08,120 --> 00:09:09,600 Jamie. 156 00:09:31,520 --> 00:09:33,680 APPLAUSE 157 00:09:35,400 --> 00:09:38,560 Ah, she blows! Pull! CORK POPS 158 00:09:38,560 --> 00:09:41,280 A consummate performance. 159 00:09:41,280 --> 00:09:42,920 First class. 160 00:09:42,920 --> 00:09:45,000 This is for you. 161 00:09:45,000 --> 00:09:46,880 I believe you've earned it. 162 00:09:48,800 --> 00:09:50,920 Pretty juicy, too! 163 00:09:50,920 --> 00:09:52,400 Ooh! Thank you. 164 00:10:45,600 --> 00:10:47,680 SIRENS WAIL IN DISTANCE 165 00:10:57,400 --> 00:10:59,080 WILL: Vadim! 166 00:10:59,080 --> 00:11:01,720 Excuse me. Mr Will. 167 00:11:02,880 --> 00:11:04,120 You're looking well. 168 00:11:04,120 --> 00:11:07,080 I'm sorry to hear about your wife. 169 00:11:07,080 --> 00:11:08,280 Thank you. 170 00:11:08,280 --> 00:11:10,520 If there is anything I can do for you... 171 00:11:10,520 --> 00:11:12,440 What time do you finish work? 172 00:12:55,440 --> 00:12:57,600 MAN: I clone it fast. 173 00:13:18,920 --> 00:13:21,440 The name you wanted, Beinn Alligin. 174 00:13:22,800 --> 00:13:24,960 CAR ENGINE STARTS 175 00:13:38,560 --> 00:13:40,120 Hi. 176 00:13:40,120 --> 00:13:42,040 Look, sorry, I just wanted to come and... 177 00:13:45,560 --> 00:13:47,400 I'm not sure why I came, actually. 178 00:13:49,960 --> 00:13:51,800 Was that who I think it was? 179 00:13:53,840 --> 00:13:56,000 I thought you'd be out celebrating. 180 00:13:57,120 --> 00:13:58,640 No, just... 181 00:14:03,000 --> 00:14:04,760 I'm sorry. 182 00:14:04,760 --> 00:14:06,440 - It's just... - Your job. 183 00:14:09,240 --> 00:14:11,320 Look, no hard feelings. By which I mean... 184 00:14:11,320 --> 00:14:12,840 Watch yourself, Maggie. 185 00:15:06,280 --> 00:15:08,120 SHE GASPS 186 00:15:18,200 --> 00:15:19,600 Can I... 187 00:15:21,000 --> 00:15:22,800 Can I come round tonight, please? 188 00:15:24,400 --> 00:15:26,120 Please. I'm freaking out! 189 00:15:26,120 --> 00:15:28,360 JOHANN: 'I think this is most inappropriate.' 190 00:15:28,360 --> 00:15:30,680 Oh, come on, think! 191 00:15:32,400 --> 00:15:34,920 How did he know? There's no way he could've known! 192 00:15:34,920 --> 00:15:37,640 JOHANN: 'If you're that concerned, I suggest you call the police.' 193 00:15:37,640 --> 00:15:39,440 Oh, God! 194 00:15:39,440 --> 00:15:42,200 Oh, God, I've just completely... 195 00:16:04,800 --> 00:16:06,480 We have a window for appeal. 196 00:16:06,480 --> 00:16:07,520 Och! 197 00:16:07,520 --> 00:16:09,080 - Maybe not now, but... - Come on! 198 00:16:12,880 --> 00:16:16,320 - No, optimism was never... - Forget it. We lost. 199 00:16:19,360 --> 00:16:20,600 It's over. 200 00:16:58,240 --> 00:17:00,520 SEAGULLS CALL 201 00:17:17,640 --> 00:17:18,800 DANNY: Will! 202 00:17:35,800 --> 00:17:37,400 Are you coming? 203 00:17:57,200 --> 00:17:58,720 I never knew about this place. 204 00:17:58,720 --> 00:18:01,880 Yeah, Kate's cousin lets us use it every now and again. 205 00:18:01,880 --> 00:18:04,600 Cracking bottle of wine inside, if you're interested? 206 00:18:12,280 --> 00:18:14,680 I tell you what, it took some real sleuthing to find you. 207 00:18:14,680 --> 00:18:17,320 You know my methods, Watson. Red or white? 208 00:18:17,320 --> 00:18:18,800 Er, you choose. 209 00:18:18,800 --> 00:18:20,920 - Oh! - How are you, Danny? 210 00:18:20,920 --> 00:18:22,920 All the better for seeing you, mate! 211 00:18:22,920 --> 00:18:24,200 Pop those in the pot, would you? 212 00:18:24,200 --> 00:18:27,120 - That's alive, alive-o. - Now you're talking. 213 00:18:28,440 --> 00:18:31,080 Oh, here! You pasta, me sauce. 214 00:18:35,480 --> 00:18:37,240 Don't you need a permit for those? 215 00:18:37,240 --> 00:18:38,840 Public right to fish in tidal waters. 216 00:18:38,840 --> 00:18:41,280 Malcolmson v O'Dea, 1863. 217 00:18:41,280 --> 00:18:43,760 Then before that, the Magna Carta, though to be fair, 218 00:18:43,760 --> 00:18:45,800 it's not actually mentioned in the Magna Carta, 219 00:18:45,800 --> 00:18:47,000 everyone just thinks it was. 220 00:18:47,000 --> 00:18:49,560 So, strictly speaking, right now, we just broke the law. 221 00:18:49,560 --> 00:18:51,480 Well, to be precise, you did. 222 00:18:51,480 --> 00:18:53,600 Yeah, except now, you're an accessory. 223 00:18:53,600 --> 00:18:56,040 - What about me? - Probably just a caution. 224 00:18:56,040 --> 00:18:57,840 - Thanks (!) - You're very welcome. 225 00:18:57,840 --> 00:18:59,320 Stop crying and pour some wine. 226 00:19:02,880 --> 00:19:04,720 Not even a civil suit. 227 00:19:04,720 --> 00:19:06,400 We're not going in that direction. 228 00:19:07,800 --> 00:19:09,200 Even if we get him, no-one wins. 229 00:19:10,520 --> 00:19:11,920 It's not gonna bring her back. 230 00:19:11,920 --> 00:19:13,480 So we're just gonna sit here, then? 231 00:19:21,480 --> 00:19:23,360 Are you keeping busy? 232 00:19:24,680 --> 00:19:27,200 I've been offered Chambers Manager at Citadel. 233 00:19:30,080 --> 00:19:31,680 Manchester. 234 00:19:31,680 --> 00:19:34,800 You do know what they do to QPR supporters there, don't you? 235 00:19:37,360 --> 00:19:39,960 I'm sorry you had to take that fall, Danny. 236 00:19:44,840 --> 00:19:48,960 You had us all worried for a minute, disappearing like that. 237 00:19:48,960 --> 00:19:50,800 Why's that? 238 00:19:50,800 --> 00:19:54,880 - You always seem so planned. - You haven't seen the school run. 239 00:19:54,880 --> 00:19:58,080 I mean, it's not like you to do anything on the fly. 240 00:20:00,080 --> 00:20:04,800 Well, that's me all over, Danny. I'm just full of surprises. 241 00:20:26,600 --> 00:20:28,520 How long does it take to get to Edinburgh? 242 00:20:28,520 --> 00:20:30,240 Ten minutes, the way you drive. 243 00:20:35,240 --> 00:20:37,240 Try not to take off, OK? 244 00:20:39,600 --> 00:20:42,000 Oi, I'll be back as soon as I can. 245 00:20:42,000 --> 00:20:43,520 Look after Granny for me. 246 00:20:45,360 --> 00:20:47,000 - Dad. - Yeah? 247 00:20:48,000 --> 00:20:49,520 You're shaking. 248 00:21:24,880 --> 00:21:28,840 Look, I mean, if you really were thinking of coming here, 249 00:21:28,840 --> 00:21:33,440 we'd... obviously be very interested 250 00:21:33,440 --> 00:21:35,000 in having you join the set. 251 00:21:35,000 --> 00:21:36,560 Well, no, I'm actively looking. 252 00:21:36,560 --> 00:21:38,520 My family needs a change of scene, so... 253 00:21:38,520 --> 00:21:42,480 Oh, well, for families, it's a lovely place! 254 00:21:42,480 --> 00:21:44,440 You should rent a car and drive around a bit 255 00:21:44,440 --> 00:21:47,720 while you're here, see the scenery. 256 00:21:47,720 --> 00:21:49,040 I might just do that. 257 00:22:48,560 --> 00:22:51,080 INDISTINCT CHATTER 258 00:22:52,600 --> 00:22:54,480 LAUGHTER 259 00:23:00,320 --> 00:23:03,280 - What would you like? - Hi. Do you mind if I use your loo? 260 00:23:03,280 --> 00:23:04,840 Thanks. 261 00:23:15,600 --> 00:23:18,240 TOILET FLUSHING 262 00:23:30,360 --> 00:23:33,200 TUNEFUL WHISTLING 263 00:25:37,600 --> 00:25:39,680 HORNS BEEP 264 00:28:35,040 --> 00:28:37,480 FOYLE: What's the law on home invasion these days? 265 00:28:37,480 --> 00:28:38,560 I'm a little cloudy. 266 00:28:39,600 --> 00:28:41,320 What's a proportionate response 267 00:28:41,320 --> 00:28:45,080 to someone surprised in their home by a stranger? 268 00:28:54,200 --> 00:28:56,200 I need to ask you something. 269 00:28:57,280 --> 00:28:59,040 FOYLE: I'm on Facebook. 270 00:29:00,080 --> 00:29:01,240 I know. 271 00:29:03,200 --> 00:29:06,040 Well... you're here now... 272 00:29:07,400 --> 00:29:09,760 ..so you can ask me whatever you like. 273 00:29:22,680 --> 00:29:24,960 When did you decide to kill my wife? 274 00:29:32,800 --> 00:29:34,640 Please, I need to know. 275 00:29:36,080 --> 00:29:39,720 When you killed her... did she die quickly? 276 00:29:44,080 --> 00:29:45,440 Are you playing a character? 277 00:29:46,440 --> 00:29:47,840 Are you? 278 00:29:47,840 --> 00:29:51,760 Are you all the way up there, looking all the way down here? 279 00:29:53,080 --> 00:29:56,000 And do you think I'm a little bit stupid? 280 00:30:12,160 --> 00:30:14,080 You're going about this all wrong. 281 00:30:18,480 --> 00:30:20,200 Well, you're the expert. 282 00:30:21,720 --> 00:30:23,960 RECORDING: 'When did you decide to kill my wife?' 283 00:30:23,960 --> 00:30:26,160 You and your brain. 284 00:30:26,160 --> 00:30:29,960 You ever seen a brain up close? It looks like a cauliflower. 285 00:30:29,960 --> 00:30:33,040 The neural cortex looks like icing. 286 00:30:33,040 --> 00:30:36,400 They say it's what separates us from the animals. 287 00:30:36,400 --> 00:30:38,080 But we are animals. 288 00:30:38,080 --> 00:30:40,520 We're mammals. Like a lion. 289 00:30:40,520 --> 00:30:44,680 You wouldn't blame a lion for being a lion, would you, Will? 290 00:30:44,680 --> 00:30:46,760 Especially if you were the one who let him out. 291 00:30:49,560 --> 00:30:51,720 How do you live with yourself? 292 00:30:53,800 --> 00:30:55,520 I forgive myself. 293 00:30:55,520 --> 00:30:57,720 HE COUGHS 294 00:30:57,720 --> 00:31:00,800 How do you live with yourself? HE COUGHING 295 00:31:04,120 --> 00:31:07,400 HEAVIER COUGHING 296 00:31:09,400 --> 00:31:13,160 HACKING COUGH 297 00:31:15,920 --> 00:31:18,360 HE GARGLES LOUDLY 298 00:31:24,000 --> 00:31:27,160 PAINED GARGLING 299 00:31:28,560 --> 00:31:29,960 HE GRUNTS 300 00:31:29,960 --> 00:31:32,280 HOARSELY: You're very clever! 301 00:31:35,200 --> 00:31:38,840 HEAVY COUGHING 302 00:31:41,120 --> 00:31:42,520 My pen... 303 00:31:43,760 --> 00:31:45,120 Get the pen! 304 00:31:47,160 --> 00:31:49,640 SHALLOW GASPING 305 00:31:58,120 --> 00:32:01,320 GASPING CONTINUES 306 00:32:03,960 --> 00:32:07,440 GASPING CONTINUES 307 00:32:11,400 --> 00:32:14,120 GASPING CONTINUES 308 00:32:17,360 --> 00:32:19,920 DIAL TONE 309 00:32:22,080 --> 00:32:23,600 Ambulance. 310 00:32:24,920 --> 00:32:26,720 OPERATOR: 'It's an oval tube.' 311 00:32:26,720 --> 00:32:28,120 Oval tube. Yes, yes! 312 00:32:28,120 --> 00:32:30,000 It's sort of grey, with an orange end. 313 00:32:30,000 --> 00:32:31,200 'Yeah, that's it.' 314 00:32:31,200 --> 00:32:34,320 I'm putting you on speaker. Can you still hear me? 315 00:32:34,320 --> 00:32:35,560 'Yes, I can hear you. 316 00:32:35,560 --> 00:32:37,600 - 'Are you holding the tube?' - Yeah. 317 00:32:37,600 --> 00:32:39,760 'Now, put your fist around the tube.' 318 00:32:39,760 --> 00:32:40,920 OK. 319 00:32:40,920 --> 00:32:42,880 'Hold the orange tip near the thigh.' 320 00:32:42,880 --> 00:32:44,000 He has his trousers on. 321 00:32:44,000 --> 00:32:45,720 'The needle will go through the clothing. 322 00:32:45,720 --> 00:32:47,800 'Hold the orange tip near his thigh. 323 00:32:47,800 --> 00:32:50,400 'With your other hand, pull off the blue safety release.' 324 00:32:50,400 --> 00:32:51,520 OK. Done it. 325 00:32:51,520 --> 00:32:56,280 'Now, swing and firmly push the tip against the thigh until it clicks, 326 00:32:56,280 --> 00:32:59,560 'and hold it there for ten seconds. Did you get that?' 327 00:32:59,560 --> 00:33:01,800 Swing, click, wait, OK. Here goes. 328 00:33:01,800 --> 00:33:03,920 NEEDLE HISSING What was that? 329 00:33:03,920 --> 00:33:05,840 'You probably heard the needle mechanism. 330 00:33:05,840 --> 00:33:07,640 'It's spring-loaded.' 331 00:33:07,640 --> 00:33:10,000 - OK. - 'The drug in the EpiPen 332 00:33:10,000 --> 00:33:12,400 'should keep him steady till the ambulance gets to you.' 333 00:33:13,720 --> 00:33:15,800 - 'Are you still with me?' - Yeah, I'm here. 334 00:33:15,800 --> 00:33:18,160 - 'You're doing great.' - What now? 335 00:33:18,160 --> 00:33:21,200 'OK, you can take it out. Now, look at the barrel. 336 00:33:21,200 --> 00:33:23,880 'Is there a red strip visible on the barrel? 337 00:33:23,880 --> 00:33:26,200 'That will tell you that the drug went in.' 338 00:33:26,200 --> 00:33:29,120 Er, hang on. Hang on. 339 00:33:29,120 --> 00:33:30,560 I can't see it. 340 00:33:30,560 --> 00:33:33,080 'Just above the writing, there's a window.' 341 00:33:34,320 --> 00:33:36,080 Oh, yes! Yes, yes, yes, it's there! 342 00:33:36,080 --> 00:33:37,920 'Is the patient responding?' 343 00:33:41,320 --> 00:33:42,720 Argh! 344 00:33:43,880 --> 00:33:45,240 'Sir? 345 00:33:45,240 --> 00:33:48,000 'Sir, hello? Anybody hear me? 346 00:33:48,000 --> 00:33:49,480 'Hello?' FOYLE GASPS 347 00:33:49,480 --> 00:33:51,120 'Anybody there? 348 00:33:52,320 --> 00:33:53,880 'Hello, sir? 349 00:33:53,880 --> 00:33:55,760 'Can you hear me?' 350 00:33:55,760 --> 00:33:58,520 WILL COUGHS 351 00:34:05,560 --> 00:34:07,400 GLASS SHATTERS 352 00:34:07,400 --> 00:34:09,680 WILL GROANS 353 00:34:13,240 --> 00:34:16,120 WILL PANTS 354 00:34:16,120 --> 00:34:19,960 SIREN WAILS 355 00:34:19,960 --> 00:34:22,440 RADIO CHATTER, WILL COUGHS 356 00:34:29,440 --> 00:34:31,840 - PARAMEDIC: Are you all right? - Yeah, just a bit of smoke. 357 00:34:31,840 --> 00:34:33,400 - Just the two of you up there? - Yeah. 358 00:34:33,400 --> 00:34:36,120 Showing vasodilation. Capillary leak. 359 00:34:36,120 --> 00:34:38,480 - Is he gonna be OK? - Bad shoulder bleed here. 360 00:34:38,480 --> 00:34:40,200 Let's concentrate on his breathing. 361 00:34:40,200 --> 00:34:42,800 Here you are, mate. You're gonna be all right. 362 00:34:42,800 --> 00:34:44,040 We're just the paramedics. 363 00:34:44,040 --> 00:34:45,720 PARAMEDIC: You'd better come with us. 364 00:34:45,720 --> 00:34:47,760 - No, my car's... - No, mate, we can't leave you. 365 00:34:47,760 --> 00:34:51,640 You're gonna come with us. Bring that green bag, please. 366 00:34:51,640 --> 00:34:54,480 One, two, three. Lift! 367 00:34:55,680 --> 00:34:57,320 PARAMEDIC: OK, let's go. 368 00:35:06,840 --> 00:35:09,400 SIRENS WAIL 369 00:35:15,160 --> 00:35:16,920 Your friend was there, used your EpiPen. 370 00:35:16,920 --> 00:35:19,680 We've got some more adrenalin ready if you need it, all right? 371 00:35:19,680 --> 00:35:20,800 Everything is OK. 372 00:35:20,800 --> 00:35:23,200 I know your breathing's not that easy at the moment 373 00:35:23,200 --> 00:35:25,560 but we'll be in the hospital in five minutes, OK? 374 00:35:25,560 --> 00:35:26,720 So you just hang on there. 375 00:35:26,720 --> 00:35:28,600 Just open your eyes. MONITOR BEEPING 376 00:35:28,600 --> 00:35:29,840 Chest compressions! 377 00:35:29,840 --> 00:35:32,960 OK, we've got one milligram of adrenalin. 378 00:35:35,720 --> 00:35:38,040 OK, well done. All right, mate. 379 00:35:38,040 --> 00:35:40,160 Mind if I open a window? I think I'm gonna be sick. 380 00:35:40,160 --> 00:35:42,320 PARAMEDIC: He's arrested in the back. 381 00:35:45,760 --> 00:35:48,520 DISTANT SIRENS 382 00:35:55,440 --> 00:35:57,480 VENTILATOR HISSES 383 00:36:05,040 --> 00:36:07,320 INDISTINCT CHATTER 384 00:36:27,880 --> 00:36:30,080 NURSES: One, two, three. slide. 385 00:36:50,880 --> 00:36:54,880 FLATLINE TONE 386 00:37:04,800 --> 00:37:06,800 OFFICER: William Burton? 387 00:37:08,160 --> 00:37:10,040 Will you come with me, please? 388 00:37:14,320 --> 00:37:16,920 Did you and Mr Foyle have any interactions? 389 00:37:16,920 --> 00:37:18,680 Yes. 390 00:37:18,680 --> 00:37:21,200 He attacked me, and I stabbed him. 391 00:37:25,640 --> 00:37:27,320 With this. 392 00:37:50,400 --> 00:37:52,480 Quite a shock, don't you think? 393 00:37:52,480 --> 00:37:53,920 What is? 394 00:37:58,400 --> 00:37:59,960 He's dead? 395 00:37:59,960 --> 00:38:01,320 Keep reading. 396 00:39:14,280 --> 00:39:17,600 Excuse me. Does Vadim Kumarin still work here? 397 00:39:20,360 --> 00:39:23,400 Do you know where he might be? Do you know... 398 00:39:24,560 --> 00:39:25,840 OK. 399 00:39:40,760 --> 00:39:42,120 Thank you. 400 00:39:44,000 --> 00:39:46,360 SHE SIGHS Welcome to Scotland. 401 00:39:46,360 --> 00:39:47,840 Oh, is that where I am? 402 00:39:47,840 --> 00:39:49,640 I wondered why everyone here was Scottish. 403 00:39:49,640 --> 00:39:51,880 Some good news from the Fiscal. 404 00:39:51,880 --> 00:39:53,760 They're saying they'd recommend acceptance 405 00:39:53,760 --> 00:39:57,000 if you offered a Section 76 plea of culpable homicide. 406 00:39:57,000 --> 00:40:00,120 Probably a 30% discount on sentence. 407 00:40:00,120 --> 00:40:03,000 That's nine years at most. Out in six. 408 00:40:04,600 --> 00:40:06,440 That's good news because... 409 00:40:07,960 --> 00:40:10,000 Because you're in serious trouble. 410 00:40:11,320 --> 00:40:12,960 If you're thinking of going not guilty, 411 00:40:12,960 --> 00:40:15,480 that's a murder trial, and the Crown's gonna be all out 412 00:40:15,480 --> 00:40:16,840 for your blood. 413 00:40:16,840 --> 00:40:21,160 Look, I typed up a draft plea offer for you. 414 00:40:23,560 --> 00:40:25,160 This is a choice. 415 00:40:25,160 --> 00:40:28,280 You've got life, with a minimum of 20 years for murder, 416 00:40:28,280 --> 00:40:33,000 or sign the offer, do six years and see your son finish school, 417 00:40:33,000 --> 00:40:35,240 instead of missing the whole thing. 418 00:40:35,240 --> 00:40:38,320 I'm not missing a single second! 419 00:40:38,320 --> 00:40:40,320 Don't be like this. Come on. 420 00:40:41,520 --> 00:40:43,840 You need to seriously consider this. 421 00:40:43,840 --> 00:40:46,560 - Do you think I did it? - No! 422 00:40:46,560 --> 00:40:48,800 No. 423 00:40:48,800 --> 00:40:50,480 Of course I don't. 424 00:40:54,800 --> 00:40:56,560 Make sure you recycle that. 425 00:40:56,560 --> 00:40:59,160 I appreciate you coming down, Jen, but I think I'll do it myself. 426 00:41:00,200 --> 00:41:01,560 - You can't. - I can. 427 00:41:01,560 --> 00:41:03,080 In fact, I can do all of it myself. 428 00:41:03,080 --> 00:41:06,120 No, you can't! This is Scots law, idiot. 429 00:41:06,120 --> 00:41:08,040 There's a thousand differences. 430 00:41:08,040 --> 00:41:10,760 Renton and Brown, right? That's a punchy read. 431 00:41:16,360 --> 00:41:18,720 You've always been there for me, and I'm sorry, 432 00:41:18,720 --> 00:41:20,480 but this isn't gonna work out. 433 00:41:21,840 --> 00:41:24,280 What do you think you're doing? Eh? 434 00:41:24,280 --> 00:41:26,640 - I'm trying to help you here! - I know. 435 00:41:26,640 --> 00:41:28,040 Thank you... 436 00:41:29,280 --> 00:41:31,040 ..but I'll take it from here. 437 00:41:32,040 --> 00:41:33,800 SHE SIGHS 438 00:42:16,920 --> 00:42:18,280 Court! 439 00:42:36,440 --> 00:42:38,960 Ladies and gentlemen, 440 00:42:38,960 --> 00:42:43,880 the charge on the indictment is that, on the 23rd of March, 441 00:42:43,880 --> 00:42:47,680 at a house near Overton in Kielder Forest, Scotland, 442 00:42:47,680 --> 00:42:51,920 William Burton did assault Liam Michael Foyle 443 00:42:51,920 --> 00:42:54,640 and did stab him on the body with a knife 444 00:42:54,640 --> 00:42:56,840 containing thereon a substance, 445 00:42:56,840 --> 00:43:00,000 knowing that this would cause severe injury, 446 00:43:00,000 --> 00:43:03,840 anaphylaxis and death to the recipient, 447 00:43:03,840 --> 00:43:06,000 and he did murder him. 448 00:43:06,000 --> 00:43:09,240 Call the diet of Her Majesty's advocate 449 00:43:09,240 --> 00:43:11,760 against William Burton. 450 00:43:11,760 --> 00:43:15,600 We have no opening speeches in Scottish courts, Mr Burton, 451 00:43:15,600 --> 00:43:18,680 just in case you were planning on making one at this stage. 452 00:43:19,880 --> 00:43:22,040 Oh. Really? 453 00:43:22,040 --> 00:43:25,040 Mr Burton, you know you have been strongly advised 454 00:43:25,040 --> 00:43:26,800 against representing yourself. 455 00:43:26,800 --> 00:43:28,320 It's been made very clear, My Lord. 456 00:43:29,920 --> 00:43:31,280 Very well. 457 00:43:32,320 --> 00:43:34,440 WILL: Can I move my papers to the table? 458 00:43:34,440 --> 00:43:35,680 No. 459 00:43:36,840 --> 00:43:39,560 I can't very well run my case from the dock, can I? 460 00:43:39,560 --> 00:43:42,520 JUDGE: That, Mr Burton, is exactly what you are going to do. 461 00:43:45,560 --> 00:43:47,440 What are you doing? 462 00:43:48,440 --> 00:43:49,960 BALFOUR: Is this a common allergy? 463 00:43:49,960 --> 00:43:53,520 Not really. It's an allergy to a particular gastropod. 464 00:43:53,520 --> 00:43:55,480 Specifically, limpets. 465 00:43:55,480 --> 00:43:58,560 He was deathly allergic to limpets? 466 00:43:58,560 --> 00:44:00,480 PATHOLOGIST: Well, more specifically, 467 00:44:00,480 --> 00:44:02,840 an active protein known as tropomyosin. 468 00:44:02,840 --> 00:44:05,320 BALFOUR: And where was this allergen? 469 00:44:05,320 --> 00:44:08,200 How did Mr Foyle come into contact with it? 470 00:44:08,200 --> 00:44:12,280 Localised swelling at the wound site suggests it may have been present 471 00:44:12,280 --> 00:44:14,560 on the weapon used to injure him before he died. 472 00:44:14,560 --> 00:44:15,960 BALFOUR: Thank you, Doctor. 473 00:44:18,080 --> 00:44:19,320 Mr Burton? 474 00:44:22,040 --> 00:44:23,600 No, thank you, My Lord. 475 00:44:26,280 --> 00:44:29,280 Mr Burton, you are aware, of course, 476 00:44:29,280 --> 00:44:31,960 that once you give evidence on your own behalf, 477 00:44:31,960 --> 00:44:36,080 you are opening yourself up to cross-examination by the Crown? 478 00:44:37,480 --> 00:44:39,880 Very well aware, My Lord. 479 00:44:39,880 --> 00:44:41,320 WILL ON RECORDING: 'What now?' 480 00:44:41,320 --> 00:44:44,200 OPERATOR: 'OK, you can take it out. Now, look at the barrel. 481 00:44:44,200 --> 00:44:46,440 'Is there a red strip visible on the barrel? 482 00:44:46,440 --> 00:44:49,120 'That will tell you that the drug went in.' 483 00:44:49,120 --> 00:44:51,920 WILL: 'Er, hang on. Hang on. 484 00:44:51,920 --> 00:44:53,560 'I can't see it!' 485 00:44:53,560 --> 00:44:56,600 OPERATOR: 'Just above the writing, there's a window.' 486 00:44:56,600 --> 00:44:58,960 WILL: 'Oh, yes! Yes, yes, yes, it's there!' 487 00:44:58,960 --> 00:45:01,440 OPERATOR: 'Is the patient responding?' 488 00:45:01,440 --> 00:45:03,680 THUD AND GROAN 489 00:45:03,680 --> 00:45:06,800 OPERATOR: 'Sir? Sir? Hello? 490 00:45:06,800 --> 00:45:08,920 'Anybody hear me?' WHITE NOISE 491 00:45:08,920 --> 00:45:10,960 RECORDING STOPS 492 00:45:10,960 --> 00:45:14,720 BALFOUR: You appear to be very calm during this interaction. 493 00:45:14,720 --> 00:45:16,720 - Were you? - I was trying to be. 494 00:45:18,800 --> 00:45:21,440 What were you doing in Kielder Forest, Mr Burton? 495 00:45:21,440 --> 00:45:23,720 I had a job interview in Carlisle, 496 00:45:23,720 --> 00:45:26,560 and the person I spoke to suggested that I tour around a bit. 497 00:45:26,560 --> 00:45:29,600 Do you normally conduct job interviews with a knife? 498 00:45:30,880 --> 00:45:32,440 I got married with a knife. 499 00:45:32,440 --> 00:45:35,280 Every Scotsman worth his kilt gets married with a knife. 500 00:45:36,480 --> 00:45:39,080 You bumped into Mr Foyle by pure chance? 501 00:45:39,080 --> 00:45:41,200 Yes. I saw him in a pub, 502 00:45:41,200 --> 00:45:43,280 and I felt compelled to confront him. 503 00:45:43,280 --> 00:45:45,720 You sought him out to force a confession. 504 00:45:45,720 --> 00:45:47,200 Isn't that correct? 505 00:45:48,400 --> 00:45:49,880 Yes. 506 00:45:49,880 --> 00:45:51,120 Yes? 507 00:45:51,120 --> 00:45:52,920 Yes, that's right. 508 00:45:52,920 --> 00:45:55,960 Double jeopardy law, pertaining to compelling new evidence. 509 00:45:55,960 --> 00:45:59,040 JUDGE: I believe Mr Burton has answered the question. 510 00:45:59,040 --> 00:46:01,040 My Lord. 511 00:46:01,040 --> 00:46:05,680 A confession - something that you would have desired very much. 512 00:46:05,680 --> 00:46:06,880 Yes. 513 00:46:06,880 --> 00:46:11,240 BALFOUR: And yet when he denied you this request, you took his life. 514 00:46:11,240 --> 00:46:13,440 - No. - You flew into a rage 515 00:46:13,440 --> 00:46:15,240 and attacked him with a knife, didn't you? 516 00:46:15,240 --> 00:46:17,280 When was this, sorry? 517 00:46:17,280 --> 00:46:20,240 When you slashed him with the knife, as you've said clearly 518 00:46:20,240 --> 00:46:21,400 in your statement. 519 00:46:21,400 --> 00:46:24,200 Oh, yes, before I carried him out of a burning building. 520 00:46:24,200 --> 00:46:25,680 JUDGE: Mr Burton! 521 00:46:25,680 --> 00:46:28,320 Just being clear on chronology. 522 00:46:28,320 --> 00:46:30,760 Flying close to the sun. 523 00:46:32,880 --> 00:46:35,040 A gastropod allergy. 524 00:46:36,880 --> 00:46:39,720 A specific kind of shellfish. 525 00:46:39,720 --> 00:46:42,960 Not exactly easy information to find out. 526 00:46:44,240 --> 00:46:45,800 No, I'd imagine not. 527 00:46:45,800 --> 00:46:47,160 BALFOUR: Have you ever had cause 528 00:46:47,160 --> 00:46:50,000 to access a client's medical records? 529 00:46:50,000 --> 00:46:52,920 Yes, though only if pertinent to the case. 530 00:46:52,920 --> 00:46:56,080 BALFOUR: In the case of Sandra Mullins, 531 00:46:56,080 --> 00:46:58,320 you were lead counsel for Mr Foyle's defence. 532 00:46:58,320 --> 00:46:59,560 WILL: I was. 533 00:46:59,560 --> 00:47:02,640 Did you ever request any medical information 534 00:47:02,640 --> 00:47:04,760 regarding Mr Foyle? 535 00:47:04,760 --> 00:47:05,920 No. 536 00:47:05,920 --> 00:47:07,920 BALFOUR: You did not? 537 00:47:07,920 --> 00:47:10,160 No, I did not access his files. 538 00:47:10,160 --> 00:47:12,440 I believe his "no" was sufficient. 539 00:47:12,440 --> 00:47:16,000 My Lord. You cannot prove this, of course. 540 00:47:16,000 --> 00:47:18,160 He was your client. 541 00:47:18,160 --> 00:47:21,320 You were intimately acquainted with his information. 542 00:47:21,320 --> 00:47:22,640 No. 543 00:47:22,640 --> 00:47:25,760 Erm, confidential medical files are all digitised 544 00:47:25,760 --> 00:47:27,440 and kept securely at the solicitor's, 545 00:47:27,440 --> 00:47:30,680 or, presumably, equally securely at his doctor's or hospital. 546 00:47:30,680 --> 00:47:32,960 Which is a longwinded way of saying no, 547 00:47:32,960 --> 00:47:37,040 I did not access his files, and, yes, I can prove it. 548 00:47:56,360 --> 00:48:00,520 What Mr Burton is asking of you is very simple, 549 00:48:00,520 --> 00:48:01,920 ladies and gentlemen. 550 00:48:01,920 --> 00:48:04,760 He wants you to believe his little story. 551 00:48:04,760 --> 00:48:09,040 He wants you to believe that, through an ironic twist of fate, 552 00:48:09,040 --> 00:48:12,440 this was the wrong knife, in the wrong hand, 553 00:48:12,440 --> 00:48:14,720 at the wrong time. 554 00:48:14,720 --> 00:48:18,080 I respectfully submit to you 555 00:48:18,080 --> 00:48:20,880 that this is pure fabrication. 556 00:48:20,880 --> 00:48:25,680 This was foreknowledge, with malicious intent. 557 00:48:25,680 --> 00:48:30,200 He will tell you otherwise, but I ask only this question. 558 00:48:30,200 --> 00:48:34,960 He tells a good story, but do we really believe him? 559 00:48:36,280 --> 00:48:37,880 WILL: I'm a lawyer. 560 00:48:40,120 --> 00:48:44,120 I have lived and believed in the law all my life. 561 00:48:46,920 --> 00:48:48,960 But until the law happens to you... 562 00:48:50,320 --> 00:48:52,840 ..believe me, you don't know which way you're gonna go. 563 00:48:55,840 --> 00:48:57,880 The man I faced in that cabin... 564 00:48:59,160 --> 00:49:03,120 ..is the man I know, beyond all doubt, murdered my wife. 565 00:49:06,160 --> 00:49:08,000 I could've done a lot of things to him. 566 00:49:10,440 --> 00:49:13,400 Instead, I saw him suffer, 567 00:49:13,400 --> 00:49:15,000 and I called an ambulance. 568 00:49:16,560 --> 00:49:18,400 I removed him from danger. 569 00:49:20,800 --> 00:49:23,440 I did what any decent human being should do. 570 00:49:25,280 --> 00:49:27,680 But make no mistake, I did those things 571 00:49:27,680 --> 00:49:30,120 out of nothing more than a sincere duty 572 00:49:30,120 --> 00:49:31,840 to our common decency. 573 00:49:33,840 --> 00:49:35,760 I did so because that's what's expected 574 00:49:35,760 --> 00:49:37,600 when you're a person in the world. 575 00:49:41,120 --> 00:49:45,760 I risked my life to save the man who took away my heart... 576 00:49:49,840 --> 00:49:53,000 ..my compass, my anchor... 577 00:49:54,280 --> 00:49:56,120 ..and my best friend. 578 00:49:59,520 --> 00:50:02,160 I faced him down with a knife in my hand. 579 00:50:02,160 --> 00:50:03,680 I could've let him burn. 580 00:50:05,960 --> 00:50:08,360 In the circumstances, I believe I exerted 581 00:50:08,360 --> 00:50:10,400 an extraordinary amount of restraint. 582 00:50:17,960 --> 00:50:19,560 Liam Foyle is dead. 583 00:50:21,600 --> 00:50:23,840 I rejoice in his passing. 584 00:50:27,720 --> 00:50:30,120 But you should not convict me of his murder. 585 00:50:45,160 --> 00:50:47,040 - Will! - That's your one. 586 00:50:47,040 --> 00:50:48,800 Will. 587 00:50:48,800 --> 00:50:50,240 Oh, hi! 588 00:50:51,640 --> 00:50:53,800 OK, interesting. 589 00:50:53,800 --> 00:50:55,400 I wanted to talk to you. 590 00:50:55,400 --> 00:50:57,960 Well, I'd hurry up if I were you. You know what juries can be like. 591 00:50:57,960 --> 00:51:00,280 They can't deliberate forever. 592 00:51:00,280 --> 00:51:01,760 How are you feeling? 593 00:51:01,760 --> 00:51:03,120 How am I feeling? 594 00:51:03,120 --> 00:51:04,760 When you heard what happened. 595 00:51:04,760 --> 00:51:06,560 Come on, you weren't just a wee bit relieved? 596 00:51:07,640 --> 00:51:09,760 I need to talk to you. 597 00:51:09,760 --> 00:51:11,800 Moral support? 598 00:51:11,800 --> 00:51:13,360 Legal advice. 599 00:51:13,360 --> 00:51:15,720 I've been grappling with a case that's been bothering me, 600 00:51:15,720 --> 00:51:17,360 and wondered if you could help. 601 00:51:20,680 --> 00:51:22,600 Be right back. 602 00:51:22,600 --> 00:51:24,080 Shoot. 603 00:51:28,080 --> 00:51:29,720 Something occurred to me the other day. 604 00:51:29,720 --> 00:51:32,240 That if you wanted to break into a safe, 605 00:51:32,240 --> 00:51:34,240 the first person you'd call is a locksmith, 606 00:51:34,240 --> 00:51:37,640 and... if you wanted to commit murder 607 00:51:37,640 --> 00:51:39,440 and get away with it, 608 00:51:39,440 --> 00:51:42,920 you might just wanna talk to a criminal barrister. 609 00:51:42,920 --> 00:51:45,400 That's an interesting idea. 610 00:51:45,400 --> 00:51:48,160 Well, I see enough cases turn on discovery 611 00:51:48,160 --> 00:51:50,440 to know that a perfect crime only stays perfect 612 00:51:50,440 --> 00:51:53,640 if it's done in plain sight, wouldn't you say? 613 00:51:53,640 --> 00:51:55,280 Could be. 614 00:51:55,280 --> 00:51:57,320 Everyone would have all the facts in front of them 615 00:51:57,320 --> 00:52:00,120 and they'd still have no idea how he really did it. 616 00:52:02,800 --> 00:52:06,720 Step one. He'd find the Achilles' heel. 617 00:52:06,720 --> 00:52:09,880 A deathly allergy, say. A rare one. 618 00:52:09,880 --> 00:52:11,960 How did this person find out something like that? 619 00:52:11,960 --> 00:52:14,520 What does a criminal barrister do all day long? 620 00:52:14,520 --> 00:52:17,240 - Chase invoices. - Talk to criminals. 621 00:52:17,240 --> 00:52:18,920 'Wouldn't that give him an address book, 622 00:52:18,920 --> 00:52:20,240 'full of potential contacts? 623 00:52:20,240 --> 00:52:22,680 'For example, on the case that I'm working on, 624 00:52:22,680 --> 00:52:24,720 'the man was seen talking to a known criminal.' 625 00:52:24,720 --> 00:52:26,640 WILL: 'How would the person be sure it was him? 626 00:52:26,640 --> 00:52:28,360 'The criminal, I mean. 627 00:52:28,360 --> 00:52:31,560 'Presuming it was a he, of course.' 628 00:52:31,560 --> 00:52:33,520 GARDNER: 'He was well known to the eyewitness.' 629 00:52:33,520 --> 00:52:36,400 'WILL: But was it day or night? Was he on foot, in a vehicle?' 630 00:52:36,400 --> 00:52:39,320 Was the observer under any stress at all? 631 00:52:40,640 --> 00:52:42,120 Step two. 632 00:52:43,440 --> 00:52:45,640 What if he found a natural-occurring source 633 00:52:45,640 --> 00:52:49,680 for the allergen, somewhere innocent and everyday? 634 00:52:49,680 --> 00:52:51,200 'If they argue self-defence, 635 00:52:51,200 --> 00:52:53,240 'they might load up a weapon with that allergen 636 00:52:53,240 --> 00:52:55,920 'to administer the dose.' 637 00:52:55,920 --> 00:52:58,000 WILL: 'With you so far.' 638 00:52:58,000 --> 00:53:01,440 But to put so much weight on one dose of allergen 639 00:53:01,440 --> 00:53:03,320 might not be enough, don't you think? 640 00:53:03,320 --> 00:53:05,640 Well, I wouldn't know the first thing about it. 641 00:53:05,640 --> 00:53:07,560 Step three. 642 00:53:07,560 --> 00:53:10,400 These people with allergies of such severity 643 00:53:10,400 --> 00:53:12,080 that they cause anaphylaxis, 644 00:53:12,080 --> 00:53:15,040 they carry these little life-saving pens with them, 645 00:53:15,040 --> 00:53:17,280 don't they, called EpiPens? 646 00:53:17,280 --> 00:53:21,480 'Do you think it's possible to repurpose a pen as a poison pen? 647 00:53:21,480 --> 00:53:24,960 'By replacing the carrier solution with a solution of the allergen,' 648 00:53:24,960 --> 00:53:27,680 a person might sabotage the very thing 649 00:53:27,680 --> 00:53:29,480 that would save a person's life. 650 00:53:30,600 --> 00:53:32,080 That sounds diabolical. 651 00:53:32,080 --> 00:53:33,720 It does, doesn't it? 652 00:53:34,960 --> 00:53:36,440 You mentioned a legal question. 653 00:53:36,440 --> 00:53:39,920 And if that person called 999, and the emergency services 654 00:53:39,920 --> 00:53:42,560 talked them through administering that pen to the victim, 655 00:53:42,560 --> 00:53:44,400 it's almost like collusion in the crime 656 00:53:44,400 --> 00:53:47,080 with the emergency services. They'd be walking that person, 657 00:53:47,080 --> 00:53:48,640 step by step, through the murder. 658 00:53:48,640 --> 00:53:51,600 Oh, you mean they'd have a public record of the conversation? 659 00:53:52,720 --> 00:53:55,160 - Yes. - That might fly. 660 00:53:55,160 --> 00:53:58,520 But I really don't think anyone would seriously attempt it. 661 00:53:58,520 --> 00:54:01,360 - Why not? - I think murder's against the law! 662 00:54:01,360 --> 00:54:03,280 I mean, last time I looked. 663 00:54:03,280 --> 00:54:04,920 - Will... - You're drawing a line. 664 00:54:04,920 --> 00:54:06,720 A big red one. There's a huge difference 665 00:54:06,720 --> 00:54:09,760 between knowing where the line is and stepping over it. 666 00:54:09,760 --> 00:54:11,560 I know I couldn't. 667 00:54:11,560 --> 00:54:13,160 Why not? 668 00:54:14,360 --> 00:54:16,080 I'd be scared of getting caught. 669 00:54:16,080 --> 00:54:18,080 You just said it was the perfect crime. 670 00:54:18,080 --> 00:54:20,160 Oh, it is. SHE CHUCKLES 671 00:54:20,160 --> 00:54:21,560 It is. 672 00:54:24,960 --> 00:54:26,680 Except for three things. 673 00:54:29,120 --> 00:54:30,720 Three? 674 00:54:30,720 --> 00:54:32,280 Really? 675 00:54:34,800 --> 00:54:37,760 One, disposing the weapon. 676 00:54:38,960 --> 00:54:41,080 There'd be two EpiPens, of course - the innocent one 677 00:54:41,080 --> 00:54:42,520 and the murder weapon. 678 00:54:42,520 --> 00:54:45,120 'The killer would have to discharge the innocent EpiPen, 679 00:54:45,120 --> 00:54:47,240 'the one belonging to the victim, left at the locus, 680 00:54:47,240 --> 00:54:50,840 'so it looked like he'd done what he talked to emergency services about.' 681 00:54:50,840 --> 00:54:53,760 Then I imagine he'd have to chuck the poisoned EpiPen 682 00:54:53,760 --> 00:54:55,960 into the sharps disposal bags at the hospital. 683 00:54:55,960 --> 00:54:58,760 'But there's a chance it could be found before being incinerated 684 00:54:58,760 --> 00:55:00,600 'if the police do a full-scale search.' 685 00:55:00,600 --> 00:55:02,680 Ah! Very clever. 686 00:55:02,680 --> 00:55:04,720 Two. 687 00:55:04,720 --> 00:55:06,680 Obtaining the pen in the first place. 688 00:55:06,680 --> 00:55:11,320 He'd have to know someone with a... with a prescription already. 689 00:55:11,320 --> 00:55:13,240 Hmm. Good point. 690 00:55:13,240 --> 00:55:15,120 Oh, and then there's number three. 691 00:55:18,480 --> 00:55:20,960 Patient suffered IgE phylum mollusca allergy, 692 00:55:20,960 --> 00:55:23,560 severe bronchospasm and anaphylaxis, and, 693 00:55:23,560 --> 00:55:26,160 under "Additional Observations", 694 00:55:26,160 --> 00:55:31,720 hidden away in the footnotes... some local swelling at wound... 695 00:55:33,720 --> 00:55:35,560 ..and injection site. 696 00:55:37,760 --> 00:55:41,400 But, you know, they don't test for epinephrine after death, 697 00:55:41,400 --> 00:55:44,960 so there's no way of knowing if the EpiPen had been used or not, 698 00:55:44,960 --> 00:55:48,560 except for the puncture wound. 699 00:55:50,000 --> 00:55:52,120 So my number three is this: 700 00:55:52,120 --> 00:55:56,240 risk of a follow-up histology on local puncture site. 701 00:55:58,320 --> 00:56:00,920 You have a very creative mind. 702 00:56:00,920 --> 00:56:03,360 But would that person be able to sleep soundly... 703 00:56:04,640 --> 00:56:08,320 ..knowing that, at any moment, there might be another postmortem 704 00:56:08,320 --> 00:56:12,800 that identifies allergen at the EpiPen site? 705 00:56:12,800 --> 00:56:14,520 SHE INHALES SHARPLY 706 00:56:21,200 --> 00:56:23,160 Well, I guess that depends. 707 00:56:23,160 --> 00:56:24,760 On what? 708 00:56:25,800 --> 00:56:29,440 On whether the body's been cremated. 709 00:56:38,560 --> 00:56:41,160 SHE SOBS 710 00:56:46,160 --> 00:56:48,760 USHER: 'Can the foreman stand, please?' 711 00:56:50,720 --> 00:56:53,000 Have you reached a verdict? 712 00:56:53,000 --> 00:56:54,960 FOREWOMAN: We have. 713 00:56:56,200 --> 00:56:58,640 USHER: In the case of Her Majesty's Advocate 714 00:56:58,640 --> 00:57:00,520 against William Burton, 715 00:57:00,520 --> 00:57:03,800 how do you find the accused on the charge of murder? 716 00:57:10,640 --> 00:57:12,520 FOREWOMAN: Not proven. 717 00:57:12,520 --> 00:57:14,760 Yes! COURTROOM MUTTERING 718 00:57:14,760 --> 00:57:16,840 JUDGE: Silence, please. 719 00:57:16,840 --> 00:57:18,320 MUTED CLAPPING 720 00:57:18,320 --> 00:57:19,920 Silence, please. 721 00:57:29,160 --> 00:57:32,760 REPORTER: Mr Burton! Mr Burton! Any comments, Mr Burton? 722 00:57:32,760 --> 00:57:34,640 Not proven, of course, 723 00:57:34,640 --> 00:57:36,600 the third verdict available in Scottish law. 724 00:57:36,600 --> 00:57:39,360 Effectively an acquittal, but one which suggests 725 00:57:39,360 --> 00:57:40,800 a suspicion of guilt... 726 00:57:40,800 --> 00:57:42,880 REPORTER: Do you think you would've got away with it 727 00:57:42,880 --> 00:57:45,040 in an English court of law, Mr Burton? 728 00:57:46,040 --> 00:57:47,320 Take care. 729 00:57:47,320 --> 00:57:51,280 REPORTERS TALK OVER EACH OTHER 730 00:58:12,040 --> 00:58:13,480 OK. 731 00:58:16,040 --> 00:58:17,560 Hold it down. 732 00:59:03,960 --> 00:59:06,320 Subtitles by accessibility@itv.com