Original subtitles

Time.

All rise.

Will the foreman stand please?

WOMAN: Have you reached a verdict on which at least 10 of you agree?

No.

And do you think if I gave you any more time,

you would be able to reach a verdict on which at least 10 of you agreed?

No. I'm sorry.

In which case, I am obliged to call the trial to a halt

and discharge you, the jury.

And having consulted with the prosecution

in anticipation of such an outcome,

it is my duty to tell you, Mr Collins,

that the prosecution intend to offer no further evidence

and, as such, given this was the third trial for the same offence,

you are now formally acquitted of all charges, and are free to leave.

Court will now adjourn.

You killed my sister you bastard! You murdered my sister!

No!

How you feeling, Alice? You angry with the jury?

How do you feel about your brother-in-law, Mrs Moffatt?

Excuse me. Still think he did it, Alice?

What have the police said to you, Mrs Moffatt?

Have the children spoken to him, Mrs Moffatt?

Do you still think he did it, Alice? Can we go, please, driver?

DCI Beech, what is your reaction to Mr Collins's release?

My thoughts right now are with Tara Collins' family -

her mum, her dad, her sister...

Do you have any new leads?

We'll be reviewing all the evidence we have. Excuse me.

Are there any other suspects?

Will, are you looking for anyone else?

No, we're not looking for anyone else.

This way, sir!

OK, I'm gonna get our car to come round the back.

It's insane out there.

Come on.

David?

No. No.

Dave. Dave!

How do you feel? Are you angry, Mr Collins?

What would you like to say to your sister-in-law, David?

MAN: What would you like to say to Tara's family?

MAN: Will you be suing Mrs Moffatt, David?

Have you spoken to your children?

Seven years ago, I was sent to prison for something that I did not do -

for, uh, a terrible crime that I did not commit.

Overnight, I lost my wife,

I lost my liberty

and, most importantly... I lost my kids.

Why?

Because of the Forensic Science Service's criminal negligence,

and because of a police investigation that bent every bit of evidence

to fit a theory that was clearly wrong!

And more important than that...

..much worse was that ordinary people lied.

They lied for their own ends.

And if they are watching this now,

then I want them to know that I will expose them.

I will expose them for what they have put me through.

I've had seven years of my life stolen

and now I want justice.

I want my wife's real killer found!

I want those that lied brought to book.

And I want my children back.

Thank you, ladies and gentleman. Where will you live, Mr Collins?

Mr Collins would like to get home, thank you. No more questions.

Let him through. Come on! Excuse me. Thank you. Excuse me.

Make way! No more questions.

We should have been more honest with the children.

We should have told them this was a possibility.

What would we have said, Rob?

Just what?

It's not just a question of having an open mind, DCI Beech.

We have to be seen to have one.

It was a stupid thing to say, obviously.

It's just that we all know he was released on a technicality, so...

I've never worked on a case that explored more possibilities, sir.

There was no-one else. It was him.

Well, I hope so.

The public hardly need another reason to distrust us, do they?

Which is why I know you'll understand

my need now for a fresher pair of eyes.

DI Hudson.

Yes, sir.

No.

No, no...

No! It's alright, darling.

No!

Why, Mum, why?!

In March 2015, the Forensic Science Service laboratory,

which handled the original evidence,

was found to have routinely broken standard storage protocols,

making it impossible...

..for the court to discount cross-contamination took place.

With this, the third such collapsed trial...

Louise. So, I presume you've seen the news.

..government ministers are now asking for a public...

Why don't you come over later, see the kids?

..further expected... We can have a chat.

So, I want you to pick a team

completely unconnected to the original investigation,

and then I want you to start again -

to investigate this case as if she were killed yesterday.

You think you can do that?

Yes, sir. Why not?

Oh, there's about 50 reasons why not

walking the corridors of this station alone, DI Hudson.

But we need to send a message out

that despite DCI Beech's remarks this morning,

we take the court's decision very seriously indeed.

Yes, sir, of course. Good.

And keep me up to speed on any new developments.

I've got the Home Office breathing down my neck.

GIRL: What about the other evidence?

ROB: Well, in the end, the jury must have decided that the other stuff

was just too circumstantial.

What's circumstantial?

Well, it means that, uh, it was helpful for the original case,

but not, on its own, enough to prove guilt.

But her blood was on his coat. It was.

But the jury believed it might have got there by accident,

at the forensic laboratory.

But...what about all the other stuff he did to her, hitting her,

and...and the threats he made to you?

Well, again, darling, it doesn't prove that he murdered anybody.

What was he talking about when he said people had lied?

Well...

..if he wants people to believe him,

he's going to have to say we all lied, isn't he?

Did you?

Of course not, Jack.

So, you still think he did it?

Well, you know...

In the end, you know, I think it's probably best

not to dwell on our own opinions.

I think...

..the truth is we'll probably never know one way or the other.

This is so fucked-up.

Jack, Jack, I know this must be really...

Just leave him, love. Just let him have some time on his own.

What's to stop him just taking us back?

Lots, Rosie. There is lots to stop him.

I bet he's gone to live with Uncle Phil!

It's only 15 minutes away... No, no, no.

..and he could come and take us... That's not going to happen, darling.

..when we're outside school and... It's OK. It's OK.

..he killed our mum and he could kill us!

I'm so sorry.

Here we go.

How long you been here?

Oh...about six months.

Well, the old place was too big, really, and, um...

Well, your case took up a fair amount of time.

Both gave me the excuse to chuck in my shite job

and, uh, well, to take one that I...I actually enjoy -

for which, my dear brother, I am eternally grateful.

Sorry, um...

I...I didn't know how today was gonna go.

But, obviously, I'll...I'll clear all this out now.

Phil...

Shut up.

I don't know how I'm ever gonna be able to thank you.

You would have done the same for me.

Nah, I bloody wouldn't have.

Right.

Yeah, I'm gonna stick the kettle on.

There's a few boxes of stuff from your old house that...

..I managed to get in before Alice took everything.

Are they still just outside Halesham? Yeah.

I drive over every now and then, just...just to see the kids.

What, SEE see them? Have you...?

Have you spoken to them, Phil? No, no. From a distance.

I've taken a few photos over the years. They're in there too.

In here?

Milk and sugar?

MAN: There you go.

£3.20.

Hey.

Hi.

Listen, I had no idea he was gonna give me the case.

I know.

And, obviously, I've got no choice about whether I...

I had to say yes, Will. Hey, it's alright, it's alright.

I'm pleased for you, of course I am.

And I'm here for you, if you need any help. Genuinely.

Listen, he knows you got it right.

Does he? Didn't sound like it to me.

Jesus, maybe there is someone else out there. Maybe I did get it wrong.

No, no, you didn't get anything wrong.

You know that, everyone knows that.

I'm just gonna do what I'm told, and do what's required of me,

and then I have absolutely no doubt

that I will come to exactly the same conclusion

that you did seven years ago, OK?

Everything's gonna be fine, babe.

Look.

These arrived this morning.

I thought maybe we could have a look over the weekend.

OK. If you're about.

Yeah.

Um...

That's nice. That is nice.

Only two bedrooms, though.

Yeah, maybe it's... A bit far away.

Steve? Mari Luz?

Can I see you both in here, please?

Graham, can I see you as well?

So, these are copies of the original Tara Collins case file.

Please take one each, digest,

and then tomorrow, first thing, we start again.

And just...

We're probably not gonna find anything

which puts Collins back inside.

The CPS have never sanctioned a fourth trial for the same offence.

But what we might find, if we give this our very best efforts,

is evidence which proves, conclusively this time,

what actually happened that night.

And I think we owe Tara's family that, at the very least.

OK.

Thanks, guys.

Sorry, I expected you earlier. They're both asleep now.

Took me back, watching all those news reports.

I can't manage on what you give us, Tom.

Well, that's what the courts decided was fair.

Yeah, well, courts can get it wrong, though, can't they?

What were you thinking?

Another five a year.

I can't afford to pay you another £5,000 a year, Louise.

Really? But you're a consultant now. And all that private work?

All those pretty young MILFs who pay you to peer between their legs.

How is your new wife, by the way?

Yeah, it took me back, Tom.

Took me right back.

Yes, I'm sorry to say, that in certain circumstances,

special guardianship can be revoked.

But I think the key thing here, if it went to court,

what the judge would want to know, more than anything else,

and actually what both sets of parents should want to know,

is "What do the kids want?"

Well, they'll want to stay with us. Of course they will.

OK.

So, you've already spoken to them about this?

Well, no, not directly. It's all happened so fast.

But you know, we don't need to - we just know.

Yeah, they...they hardly remember their father.

Jack was eight, Rosie was five. He'd be a stranger to them.

And all their friends are here, their family,

their...their school, everything's here.

And none of this even takes into account

what they still believe he did, of course.

Absolutely. And all of those are very powerful arguments.

But I'd also imagine that, in time,

they'll come to accept the fact that he's been acquitted,

and notwithstanding all the other points you make,

they are still his kids.

All I'm saying is if he does apply for an access order,

they'll take it very seriously.

And given that, my advice to you is to start the dialogue with him.

What, with David?

I know that might seem impossible right now,

but trust me - going to court is not only incredibly expensive.

It's traumatic, for everyone, especially the kids.

But if you can talk and find some compromise,

there might just be a way forward that works for everyone.

I will never get over what that man did to my family.

And I want you to know that if I was ever in the same room as him,

I would try and kill him.

Um, I'm gonna nip down the shops to get us some grub.

Is there anything in particular you fancy?

Can I go? Course you can.

And you don't have to ask.

No, no. Sorry. Force of habit.

Here you go.

And, uh, maybe grab some beers?

Yeah.

Oh, and I got you this. It's, um, an old one of mine, but should be OK.

I've stuck my number in it and, uh, your lawyer's.

Right.

I'm gonna pay you back, Phil, for everything. I swear.

Eva, I'm so sorry. The traffic was mental.

Thank you. I'll see you tomorrow.

Sorry, baby.

Tim?

Tim, it's me, Dave.

You alright?

You're my daughter's godfather.

You're my friend, Tim.

I'm not your friend.

You have no friends.

Now, fuck off back under that stone you crawled out from.

Oh!

I am innocent! Alright?!

I am innocent! Now, you...

Aagh! ..fucking say it!

Aagh!

Dave! Say it!

Dave! No, mate, no! No, no, no.

No, mate, no. I didn't get go to my wife's funeral!

It's alright. It's alright.

I saw my wife's grave four hours ago! Let's go home. Lets go home.

Let's go home.

We wouldn't let him take you, Rosie, either of you.

You're safe here, with Mum and Dad, always safe.

Just to say that, Tara, if you're watching this,

the kids and me, we love you so much.

And we want to see you and we just want you back.

Right?

And if anybody is watching this and knows where she is...

..contact...

We just want her back with her family.

So...we love you very much.

Thank you.

Mr Collins won't be answering any questions at this time.

Thank you very much.

Can't sleep.

Come here.

If you feel bad, just text me, right? I'll come get you.

Hey.

Hey.

What happened to you last night? I gave you a call.

Yeah, I...my phone was on silent, and then it was late.

Ahh. So...

You know that three-bedder in Ripley - perfect.

Yeah, that was the one I liked. Yeah?

I could get a transfer to Banham, you could stay here.

It's only a 10-mile commute for each of us.

Yeah. Great.

So, shall I arrange a viewing?

You around this weekend?

Yeah, yeah, perfect. Great.

Hey...

Anything you want me to go through with you?

No, I'm good. Thanks, though.

So, your sister-in-law offered to take on the children?

Yeah.

With your blessing?

No, absolutely not, no.

No, 'cause I knew, at that point, right,

that she'd told the police lies about me.

About you hitting your wife.

Among other things, yeah.

And, so, you resisted it?

Yeah, I tried to. I wanted my brother to look after them.

And he agreed to move down from Bolton after Tara died.

But they put up a very powerful argument in court,

saying that...saying that the kids knew them better,

and, uh...and that they loved them,

and it was the least disruptive option for everyone.

And this was true?

Look...

She'd been a good aunt.

And...she didn't have any kids of her own,

so I'm sure that she did love them, yeah.

Still does, in fact, and...

OK.

And am I right in thinking that you haven't seen your children

since the day you were arrested?

No. Because?

Well, I wanted them to visit me, of course, but they refused.

Did you write to them?

Yeah, I did, at first, yeah.

And did they write back?

I got a response to my first letter, from my son.

Right.

Which was, understandably, very angry.

Mm.

OK, I only ask because in terms of the court,

they will think that seven years is a very long time

for a child not to have any contact with a parent.

They've lived longer without you than with.

And you just need to be aware that they will consider this.

But they are your kids.

And, on balance, I still believe that the courts

would say you have a right to see them.

Yes.

But what would actually be better

is if we could open a dialogue with the guardians.

If both sides start talking,

we could resolve the issue without getting the courts involved at all.

Speak with Alice?

Yeah.

How do you feel about that?

God, if I was in the same room as that woman...

I don't think that's gonna be a possibility.

It's very clear to me that David Collins remains

the most credible suspect.

We know the blood on his coat was his wife's.

We have the sister's testimony

that there was a history of violence from him towards Tara.

We have a witness who heard a woman's scream

coming from the direction of their house at approximately 11pm.

And we know that Collins lied about his friend, Tom Wilson,

being at their house until 11:30 that night.

Wilson actually left at 10:30,

which meant Collins would have had time

to drive to Dedham Lakes and back,

before being seen by their milkman, at just after 5am.

But if this murder had happened yesterday,

I would be exploring other avenues as well.

Steve...

Tom Wilson.

When he was first interviewed, his account tallied with Collins'.

He said he was drinking and playing cards with him until 11:30.

But then, three days later, he revised his timings.

I want to know why he changed his mind.

Mari Luz, you and me are gonna look at Collins again,

but also Alice Moffatt.

Probably not gonna be a popular line of inquiry,

but the fact is she did pretty well out of Tara's murder.

Before that, she and Rob were living in a one-bedroom flat in Malling.

Always wanted kids, husband was infertile.

So, with Tara dead and David in prison,

she had herself a ready-made family.

So, I want to go through everything that happened that night.

I want to talk to Alice about the meal she had with Tara that evening,

and speak to the witnesses from the restaurant.

Lastly, just let's do ourselves a favour.

None of this is going to play well out there.

So, until we're obliged,

let's just give all information out on a need-to-know basis.

Great.

Hello? Mr Collins, this is DI Cathy Hudson.

Your brother gave me your number.

I thought it might be useful if we met.

The Collins case? Yeah.

What on earth could Tom tell you about the Collins case?

Why? Is he around?

He's doing a lecture tonight.

Oh, OK.

Well, no problem, I'll just give him a call, then.

Have you got his mobile?

Give me yours and I'll get him to call you.

So, how long have you two been married now, then?

Two years.

What? And he...he never mentioned

that he used to be David Collins' best friend?

I'll get him to call you.

Thanks for your time.

I'm not going to have any discussions with him. I'm not.

And I'm going to do everything I can to prevent him

from gaining any access to the children.

ROB: Alice, will you just listen to me?

What about what the kids want?

Well, we already know what Rosie wants.

Yeah, we know what a very confused 12-year-old girl wants.

No, no, she's terrified of him, Rob. Yeah, of course she is.

Because of everything she thinks she knows about him.

What do you mean "she thinks she knows"? What does that mean?

Look, whether we like it or not, he has been released

and he will be going after some sort of access,

with a very good chance of getting it.

So, however we do it, we need to help the kids accept that.

Our children even spending an hour with that man makes me feel sick.

HIS children.

No! No.

They are not his kids.

He gave up that right when he killed their mother.

They're ours Rob. They are yours and mine. They're Tara's.

This is not helpful. Really, really...

God, you have such a fixed view of everything!

What do you mean "a fixed view"? The case, Tara, this...

The last seven years wasn't just my take on things.

It was the police's, it was ours, it was everybody's!

Maybe we were wrong.

Look, all I'm saying is that after three trials, he has been released.

Yeah, on a technicality. Yeah, maybe, but...

Maybe?! Maybe?! I can't believe

you're even beginning to try and defend that man!

Rosie...

Rosie?

Rosie!

"My Jack, Thank you for your letter.

"I completely understand your anger,

"and if what I have been accused of were true,

"you would have every right to hate me as much as you say you do.

"Please believe I am innocent.

"All I can think of is the day that my name is cleared."

Hello.

Mm-hm.

And when exactly did Agata Wakowski stop working for you?

And any idea at all where she is now?

Any of your staff who might know?

No, I do understand. You get a lot of churn with immigrants.

But worth asking...maybe.

OK, tell you what - how about I drop by right now

and interview them all myself?

Yes, I'll hold.

So, um...

..do you still think I killed her?

Yeah.

On balance, I do, yes.

But there are some...gaps in the original investigation,

which I want to look into.

And I intend to find out the truth.

If you think that'll be good for you, you'll help me.

If you don't, you won't.

So, uh, there are three main areas

that I want you to go away and have a think about.

Firstly, and most importantly...

..can you think of anyone who would have maybe wanted to hurt Tara?

I want you to think about her behaviour

in the month leading up to her death,

and ask yourself, "Did anything odd happen?"

Maybe something that's occurred to you

since the original investigation, which might help us.

The fractured cheekbone that she suffered

three months before she died.

Obviously, she said she'd been mugged.

Same thing - can you go back over the days

leading up to this incident,

and ask yourself, "Did anything unusual occur?"

Anything at all.

And then, lastly, the blood on your coat.

If it wasn't cross-contamination,

any other suggestions for how it could have got there?

That's my card.

Call me any time, night or day.

No, he told the police that I was with him until 11:30,

and I corroborated that

because I just assumed he was telling the truth.

And it was only later, I realised that I couldn't have been.

I had an early surgery the following day

and there's no way that I would have been out that late.

And my wife confirmed that.

OK. (

So, it was a full three days later

that you decided to come forward and correct your statement?

Why was that?

Because David was a friend.

And because I knew I would be trashing his alibi.

At that stage, I didn't seriously think that he could have done it.

So, I held off.

And I ended up as an accessory to murder.

And no-one signs up for that, do they?

There you go sweetheart. Thank you.

I'll drive her back in an hour or so.

Maybe they'll have resolved it by then.

Did you ever wonder why she never talked to us -

Tara I mean - about David hitting her?

There are things you don't tell a parent that you'd tell a sister.

Are there?

She wouldn't have wanted to worry us.

But you were there, Pete, when he threatened Alice.

When he threatened to kill her, just before he was charged.

We both saw that, didn't we?

I'd like to go over what you saw

that night at the restaurant, Agata.

I said all this seven years ago, I went through everything then.

I just need to clarify a couple of things.

Do you remember if they ate? No. They eat nothing.

They drink... Phhh! All night.

Very drunk, particularly her, the, um, older one.

Alice? Yeah, Alice.

And what was their mood?

Very good spirits - laugh, laugh, laugh.

Till the last 20 minutes.

Then...shit, nasty row, until they leave.

I have here, you said, "They were in good spirits,

"laughing and joking all night."

Not all night, till last 20 minutes.

And the other woman working that night...

Sylvie?

She didn't mention anything about a row.

Sylvie was on different section.

Plus, she didn't see what I see when I went out for smoke.

What did you see?

What I told police officer.

By lavatories, big sister grab little one by throat,

and push into the wall.

Nasty.

Why were you not called as a witness at the trial?

I don't know.

I returned to Poland for a year just after I give statement

but I would have come back if they ask.

OK, thank you.

Phil?

Quick word, mate.

Eric, how's tricks? Yeah, all good mate, all good.

Look, I just wanted to say that, um...

..well, you're not gonna be doing yourself any favours, fella,

letting him stay at yours.

No-one's got a problem with you, and we understand that he's...

..well, you know, he's family, but, um...

..well, you have to find him somewhere else to live.

He'll live where he wants, mate.

It's a free country, last time I checked.

He needs to leave, man.

Yeah, got you there! There's nothing you can do.

Nothing you can do!

And that, young man,

is how you incapacitate your common or garden bank robber.

Right, go and clean your teeth,

and I'll come read you a story alright?

Chop-chop.

You know what? I just remembered.

We did actually try and get hold of her, but, uh...

..she came from some arse-end village north of Gdansk

and we never managed to track her down.

I mean, obviously, if her statement had been key,

we might have tried a little harder but, uh...

Right.

It's just 'cause sh...she now says that she told you

that she saw Alice assault her sister that night.

Assault her? Yes.

Assault her how?

She said she grabbed her by the throat and pushed her against a wall.

Jesus!

No! She never said anything remotely like that.

I mean, obviously she didn't, 'cause if she had have done,

it would be in her witness statement.

Wouldn't it? Yeah, of course. Yeah, it would.

I'm just wondering why she'd say that to me...and...

I don't know. Maybe she remembered it wrong.

Or...

Maybe she's got some agenda we don't know about.

You tell me. I don't know. I have no idea.

Jacob?

Jack, Rosie, supper!

Where's Jack?

I thought he was down here? He's not upstairs.

Is he with Dad?

Rob, have you seen Jack?

Isn't he back? No.

Call his mobile.

Jack?

Jack?

Jack...

Oh, my God, oh, my God.

Hi, Jack, give us a bell

as soon as you get this message, will you?

Cheers, mate.

Voicemail.

Well, I just presumed he'd be in his room.

That means that he hasn't been home since school.

That's fine. He'll be at some club and just forgotten to tell us.

It's 7:30, Rob.

Rosie, darling, do you want to lay the table?

What if he's taken him, Rob?

He won't take him.

He knows this house. He knows where we live.

I'll call the police.

Fuck!

Hello, mate.

What the fuck are you doing in my house?

What do you want?

Tom?

Uh, it's alright love, I'm just on the phone.

How did you get in here?

Back door was open.

I was worried about you, mate.

I'm calling the police.

No, no, Tom...

No need.

I'll go.

I'll go.

I just wanted to see you, mate.

And I wanted to ask you...

..were you just fucking my wife or did you kill her too?

Tom?

It's alright, it's alright, it's fine. Fine.

It's fine.