All language subtitles for 2 - War Crimes (2)

Jo! Jo! It's Dave Clark.
He's hanged himself.

What? Is he dead?

That's all I know. Simon's
gone to the hospital.

I'll call the court offices.

So, what happened?

He had been tearing the hems
off his shirts and plaiting them.

- They didn't hold his weight.
- Thank God! Is he conscious?

I believe so.

I'm sorry, Mrs Mills.

You know...

I felt like I was
letting everyone down.

Nobody's blaming you, Dave.

Things are getting worse
for our troops in Iraq.

I want it to stop.

Ms Mills? Ms Mills?

Has the pressure of the
trial sent Private Clark mad?

What is his real
reason? Is he guilty?

Is he mentally unstable?

We don't want to
make a statement.

Is he safe to continue?

The doctors want to keep
him under observation.

Let's hope they're more
observant than his guards!

He now wants to
change his plea to guilty.

What is his state of mind?

- This is very good.
- Why?

Did something else happen?

- He now says he's guilty.
- Is he rational?

He's terribly conflicted about
the deteriorating situation in Basra.

He feels responsible.

He is responsible.

We should have the doctors back
and find what his mental state is.

If he wants to change his plea,
he must be allowed to do so.

Not without questioning him.

- Whose side is our judge on?
- That would be something to know.

Can I ask you about the
Government's position on this trial?

Are they pulling
against the Army?

I thought we agreed to get this
over with as quickly as possible.

Have you asked the
Secretary of State?

I'm a simple soldier.

Perhaps we should ask
the attorney to tackle Deed.

I can't give you long.
I've got a plane to catch.

Well, we'd hoped
this could be in private.

WPC Lowy is for my protection.

Well, he's got nothing
to fear from us, dear.

See if you can find us some
tea, would you, please, Joan?

- No, Sir John. I'm sorry.
- I keep forgetting. I'm sorry.

Ask Coop to...

She must cramp your style a bit.

She feels that while she's running
errands for me I might be attacked.

There's been a massive
increase in attacks

on British troops
in Iraq, Sir John.

Not just from Sunnis
but Shiites as well.

Private Clark's guilty plea

might make our position
more honourable to all sides.

- Will it stop these attacks?
- He has a right to change his plea.

The court has a
duty to protect him

both from himself and
from external influences.

It's our duty to save lives.

What if he's not guilty?

To deny him this choice does rather
fly in the face of his civil liberty.

Not if he feels that he's
being emotionally blackmailed.

Meanwhile, more of our troops
might be killed and injured.

You're looking to
us for the answer

to a conundrum the British
Government helped to create.

Our concern is for
the greater good.

I doubt if the families of
the victims or Private Clark

recognise the greater good,
Ian, only the personal pain.

Private Clark can
change his plea.

But first we must be convinced
about his state of mind,

supported by evidence,

not external pressures,
expediency or political imperatives.

So tell me.

What, er...

What values do you bring to
bear when making your decisions?

It depends on the circumstances.

As a general rule, I
start from the principle

that the accused
is legally innocent.

The prosecution has to
overwhelm me with facts as to guilt.

Here, of course, I can't
ignore the possible loss of life

that might follow our decision.

But will more people be killed if we
decide this and less if we decide that?

Threat's purely hypothetical.

People in Iraq are losing their lives.
There's nothing hypothetical about that.

We can't compromise the principle
of fairness and justice for everyone

because of what might happen.

If we do, what are
they fighting for?

And if terrorists kill more British
soldiers if you don't find him guilty?

We can't give in to terrorists.

Thousands of civilians have
been killed by invading forces.

38,000 have died altogether.

Terrorism changes nothing.

The oppressed only exchange
one set of shackles for another.

Society only changes
when the individual changes.

You seem pretty certain.

You think I'm wrong?

I think you are in turmoil in case you
are wrong and people die unnecessarily.

You have a lot of conflict

but you won't let
your doubts surface.

Maybe. I don't know.

I'm sorry. Perhaps I
shouldn't have said that.

It's not the conversation I
was expecting to have with you

on the back way to the hotel.

- What conversation did you intend?
- Learning more about you.

- How I might make love to you.
- Oh...

That's very un-English.

- Have I shocked you?
- Yes, you have.

Not because of that, but
because you show... vulnerability.

That's surprising
in one so powerful.

Well, why don't we
walk around the block

and I will try to be more
seductive and less vulnerable?

Vulnerability is seductive.

Then help me cultivate it.

I have to start very early.

- Dr Pavely is not answering, sir.
- Yeah, OK. Thank you.

We will ask some questions
about your change of plea.

I want to go guilty, sir.

You run the risk of a very
considerable sentence.

I'm not mad, sir.

Have you been
advised to plead guilty?

Private Clark?

I don't want to see
any more killed.

They come alive when I'm asleep.

On the back of my eyelids,

when I close my eyes.

Who do you see?

The children I shot and killed.

And do you think that you'll send
them away by pleading guilty?

I want it to
stop... the attacks.

I need to be sure your defence
team has properly advised you.

I shot those people.
I've got to take the blame.

Is anyone putting
pressure on you?

No, sir.

Has anyone talked to you,

or visited you in jail, apart
from your defence team?

Only my sister
and her boyfriend.

And did they talk to you
about changing your plea?

Not really. Mark just told me
what was happening in Basra.

How me mates are
copping it bad, like.

A consequence of what you did?

Yes.

Is your sister's boyfriend
connected with the Army?

A sergeant in my regiment, sir.

And did he blame you for
what happened back in Basra?

I've got to show it's nothing to
do with policy. It's down to me, sir.

Mrs Mills.

Did you know about this visit?

- I did not, Your Honour.
- Do we need any more?

Madame Mills, we will not encourage
Private Clark to change his plea.

You must advise
him to reconsider.

- Might I have an adjournment?
- Until after lunch.

La cour se lève.

Dave, someone accused of
war crimes got life here on a plea.

And here that means life.

That wouldn't happen with
Judge Deed on the trial panel.

More soldiers
will die if I go on.

You can't take that
responsibility on yourself.

- I can't stop thinking about them.
- That doesn't mean you're to blame.

The Government shouldn't
have sent you there.

Dave, you're trained to kill.
Your response was appropriate.

The job is not done, sister.

He can't be the right judge.

He is too intelligent and aware.

They all condemned Islam.

He believes we should
all peacefully co-exist.

Don't be deceived.

The judge must be punished, with
the others. Just give him the box.

I just want my brothers back.

I will go to the
authorities for help.

If you do, they'll disappear
into a CIA torture prison.

You'll never see them again.

The strong find paradise.

Be strong, sister.

What do we know about Dr Pavely?

She's Belgian, graduated at Cologne
University, has never practised,

and she uses a
Post Office address.

With all your
high-tech, that's it?

- Well, that could be significant, sir.
- Meaning?

MI5 have picked up a rumour of
an Islamic sleeper in The Hague.

That's ridiculous. I only
want to send her flowers.

CorporalJones, what did you
do at the scene of the shooting?

Well, the first thing is to
see who you can get out.

It was murder.
People were crying out.

And... It's the smell
that gets you first,

explosives, human
defecation, burning flesh.

You can't forget, like.

There were about 20 bodies.

Some with terrible injuries.

People with arms and legs
blown off, just screaming.

A woman with half her face gone,

um, a little...
kid with no head.

I mean, you've got no
idea what it's like, I mean...

Dave got one bloke out, then
went straight back in, which...

He shouldn't have done that.

Sometimes there's
booby traps, see?

That's how Charlie Annan
copped it two weeks ago.

- Who did you find in the school?
- Hostages.

Women and children.

Did Private Clark
identify the hostages?

Your Honour, the prosecution is
asking this witness to speculate

on what Private Clark saw.

She is exploring what
the witness observed.

We don't have an
impressionable jury.

Did Private Clark identify the
hostages before opening fire?

No. This witness cannot
assert what Private Clark saw.

That would be
impermissible hearsay.

Very well. Were you able
to identify these people?

Yes, women and children.

Was that before or after
Private Clark shot them?

Well, I don't know, see.

Have you known women
or children carry explosives?

No. No, I don't think so.

You were not present after the
car bomb attack at Falah Hospital,

where blood-painted children

subsequently carried
explosives among soldiers?

Was Private Clark there too?

He was there.

So he knows that women and
children can be used as human bombs?

He just kept firing at them.

Ignoring the rule that tells
you if a situation is safe?

It's your own judgement, like.

- The individual soldier judges?
- Unless a senior rank's present.

And you were the senior man?

No, not really. I didn't get my
stripes till about two weeks later.

Until after Clark was charged
and you agreed to give evidence?

Are you implying that this
witness is part of a conspiracy?

Following worldwide
condemnation, I'm suggesting

that a scapegoat was needed
and Private Clark was it.

- He did do the shooting.
- I believe I'm cross-examining.

Yes, continue, madame.

In training, Corporal, do
you mock up situations

similar to that which you and
Private Clark found yourselves in?

Bad Day In Baghdad, we call it.

You learn to take your time,
weigh the pros and cons,

check with an officer
before shooting?

- You get a fraction of a second.
- So if someone pops up,

you have to decide,
A, is he or she armed?

B, dangerous?
And, C, do I shoot?

You'd be dead if
you took that long.

But on this occasion Private
Clark did have the luxury of time?

It happened very fast.

Out of the smoke and dust,
someone emerged with a Kalashnikov.

Women and children.

Who you knew weren't terrorists?

No. Not really.

Then why did the Army abandon him
and try to get him to change his plea?

He killed all those people.

You're at war. Isn't that odd?

Well, yeah, a bit, like.

Madame Madsen, would you
like to re-examine your witness?

Corporal, if I can go
back to your statement.

You said, "I saw
women and children."

Well, I'm...

I'm not sure now, see.

"We saw them but
Clarky just opened up."

It was confusing.

"Private Clark made a
conscious decision to shoot them."

No, it... It happened so fast.

"People raised their hands but Private
Clark went on shooting like a madman."

This is what you saw, isn't it?

- She's cross-examining her own witness!
- To help to get the truth.

The truth has to be arrived
at within a set of rules.

Rules may be adapted.

The rules of evidence exist to ensure
the safety of information used in court.

Without them, she could get
her information by hypnotism.

This is ridiculous, Your Honour!

- Extreme, Judge Deed.
- No, it's logical.

We're examining whether the
defendant adhered to a given set of rules

in a tense and
dangerous situation.

We won't do that if we
have a free-for-all in here.

The prosecution will
respect Judge Deed's wishes.

They're rules, not my wishes.

Try not to cross-examine the
witness as you seek for the truth.

Corporal, how do you feel
about going to war in Iraq?

I'm a professional soldier.

- Killing innocent civilians.
- Your Honour.

It is relevant to the
defendant's state of mind.

- Only the defendant can tell us that.
- No! The witness may answer.

Corporal, do you share
the world's revulsion

at your country's
aggression towards Iraq?

- No, no, no.
- I must be allowed to continue.

- You can't go there.
- Yes. Answer the question.

- Be silent or held in contempt.
- Your Honour!

We will recess for 15 minutes.

La cour se lève.

In Rome, we do as the Romans.
Our approach is different.

Not that different.

Here we can admit evidence obtained
in violation of the Statutes of Rome

or even in violation of the
principles of Human Rights Law.

For it to be condemned as inadmissible,
it must be substantially unreliable.

Under English Common Law we play tightly
by the rules, for a very clear purpose.

- I see no rules broken.
- The prosecution is being provocative.

She's making political
points and you're letting her.

- Please don't make this personal.
- Between you and me, or you and her?

- Or isn't there any difference?
- Your meaning?

Your feelings are quite plain.

Should I leave?

Madame Madsen is
committed to the truth.

We're not here in this court to excuse
the English their contentious war.

No, nor for their staying
in Iraq. I quite agree.

The compass of
war crimes is wide.

Convictions can
indirectly implicate

the nation on whose
behalf the perpetrators act.

We are trying one individual
response in a war situation.

The English are no
longer an imperial power

who can dispose of
the Iraqis as they see fit.

In this instance, we might
consider Private Clark

as much a victim as the Iraqis.

He will not avoid
personal responsibility.

He's a mercenary, paid to
fight for British imperialism.

Is not the difference between him
and a Muslim bomber just lack of belief?

Claude.

We would be appealed.

Deed is cowardly, hiding
behind rules to protect his country.

- No argument there.
- He would never hide behind rules.

- Not to protect Britain in this war.
- Then he's protecting you.

If you had a little more
law and a little less emotion,

you might be more effective.

We'll see how effective.

Puccini. So full of passion.

How can the English
appreciate such music?

I can't. It just washes
straight over me.

Your country is going to be
shown up for its cowardly actions.

I daresay our Government will be
righteously whacked at the ballot box.

Meanwhile, Private Clark
will get what's fair in this court.

We should bring your
Government here and try it.

- You should be in politics, Marie.
- Law is politics.

People must behave according
to the rules made by legislators.

Then you start playing by them.

We are still friends, even
if we're on opposite sides.

We're not on opposite sides.

- You're helping Mrs Mills.
- I'm not.

You're forcing me to get
evidence for her from Iraq.

I want you to get at the truth.

Of course.

- We can have dinner?
- I'd fear the honey trap.

Then I take it back.

Judge, your taxi's here.

You are cowardly!

Well, she doesn't
mince her words.

I still can't agree with your
position on releasing this BNP man.

But I'm not going to let a bunch
of religious fanatics intimidate me.

They're not trying to
intimidate us, John.

- They're threatening to kill us.
- Any crank can leave a note.

Was anyone caught
on the security camera?

Too many people were.

We should just round the
whole lot up and send them home.

Monty...

- Are we agreed on our statement?
- Oh, yes. No retreat.

Will your lot release it, Ian?

I'll get it right
off to Reuters.

Thank you, Ian. We'll
await the explosion.

You know, you'll
have to excuse me, I...

I have another appointment.

Did we hit him? Stop the car.

He hit us. Keep driving!

Did you hear what I said? Stop!

Please! Sir Joseph, let me.

- Where's your bodyguard?
- I lost her. Why?

A suicide bomber
tried to kill Sir Joseph.

What? What happened?

Well, he was cut by
a flying belt buckle.

He could have been dead.

I've been given
strict instructions

not to let you into your hotel
room till the police check it.

- It's all clear, Sir John.
- What about getting to court?

- The Dutch police will escort you.
- Are they any more fun than you are?

- I try to do my job, sir.
- I won't live in a security bubble.

- They almost killed Sir Joseph.
- Yes, well, he made quite light of it.

- Joan's only thinking of your safety.
- Yeah. I know. I'm sorry.

I'm a friend of the Judge's, I
need to know that he's all...

- John! Are you all right?
- Yes, yes. Yes, I'm fine.

It's all right, she's a friend.

I'll have to strip-search you.

- Are you taking this seriously?
- Yeah, sure I am. Scout's honour.

I want you to dump your
Radical Lawyers For... whatever.

- For Justice.
- Yeah.

- You could be a judge.
- Oh, yeah? On your say-so?

You'd be far happier.

- Did you sell your soul?
- Oh. I'm serious.

They're honourable and decent
and passionate about justice.

All right, a little naive.
That used to be you.

They're trying to turn
society upside down.

They're using Judicial Review to
pit the judges against Parliament.

John, are you jealous
of what they're doing?

You are! You want to be on
our side. It's your sort of fight.

Where will you be in five years'
time if you stick with this lot?

You'll be a burned-out wreck.

- Yes, having done what's important.
- You could do that in the High Court.

I'm going.

I've got to meet my Radical Lawyers
for Lesbian Nurses Against Vivisection.

It's stupid to throw your career
away. I will hook you out of that set.

I'm serious.

Following the shooting
incident, Sergeant Brightling,

you conducted an investigation?

Into the background of the
victims. Men, women, children.

- Eleven in number.
- For what purpose?

Terrorist connections.

- Were there terrorists?
- No connections found.

None?

- Can this be real?
- It was leaked from the Foreign Office.

We have got them, Jo.
We'll kill the Government.

- Who leaked it and why?
- It doesn't matter.

Madame Mills?

How many children have you
known to be card-carrying terrorists?

Doesn't work like that.

Association is by
parents or older brothers.

Then the answer is none?

They're influenced by
older family members.

You found no one who was politically
active in the victims' families?

It's hard to get
information in Basra.

Wasn't the older brother of one of the
victims shot by the Iraqi police force?

He wasn't a terrorist.

- Guns were found in his car.
- The whole city has guns.

What is your definition
of a terrorist, Sergeant?

People using violence to impede
progress towards democracy.

- Not guns in the boot of a car?
- Not necessarily, Your Honour.

The owners of Kalashnikovs don't
exactly use them to dig potatoes!

Madame will confine
herself to questions.

Following the shootings, the
Army said the victims were terrorists.

- Affirmative.
- Because two of them

were seen carrying machine guns.

Affirmative.

But subsequently
said they weren't.

- Weren't terrorists.
- But were carrying machine guns.

They had picked them up.

- To dig potatoes, presumably.
- They weren't terrorists.

Two men with Kalashnikovs come
out of a smoke- and dust-filled room

where hostages were held.

Is there some way a young
soldier can distinguish purpose

in a fraction of a second?

Only through judgement.

Ah, it's the judgement of
the soldier in the situation

to decide whether
to respond and how?

Yes.

Then why did the Army put out a
statement following the shooting

saying that terrorists were
involved, only to retract it?

Investigation showed none were.

So, the Army had the
benefit of an investigation

and Private Clark had
a fraction of a second.

The two men with Kalashnikovs,

according to the subsequently
promoted CorporalJones,

were prodding the others.

- He later said he was mistaken.
- Only after he got promoted.

The British Army conspired to hide
the fact that terrorists were involved?

We haven't been able to identify
the sender of the Army's statement.

Perhaps the
prosecution could help.

We can't, Your Honour.

How do you feel about what
happened to Private Clark?

He made a wrong judgement.

Shouldn't have had
his gun on automatic.

He had only a split second to
decide before possibly being shot

and leaving his comrades
open to being massacred.

Wasn't it, in fact, a very
reasonable judgement?

Can't say.

Sergeant Brightling, why is the
Army abandoning Private Clark?

You'll have to ask someone else.

Oh, the someone who told
you to visit Private Clark in prison

and persuade
him to plead guilty?

I don't know about that.

Well, then, perhaps the
Secretary of State for Defence will.

Might we hope you will call him?

Oh, we are issuing
a witness summons.

Very well.

All I want is fairness.

Deed's affair with the defence
leader is preventing that.

The rules of evidence and procedure were
not formulated to deal with Judge Deed.

Rule 30 gives you
responsibility for misconduct.

Claude, come on.

- I will deal with Madame Mills.
- Hmm.

- Great legs, eh?
- Magnifique.

Excusez-moi, monsieur.

I'm afraid it's clear from this
e-mail that you're being sacrificed.

No. They wouldn't do that!

This Government is doing a deal with
terrorists to get the Army out of Iraq.

- It doesn't quite say that.
- Read between the lines, Jo.

That gun was pointing at me.

I went off like I was trained.
That's the truth. I swear!

Nothing beats the truth.

Except the other side lying.
We have to leak this to the press.

Absolutely not. Yes, we may get
mileage from damaging our Government.

But if they are doing a
deal with Shiite militia,

that puts British soldiers in
danger from Sunni terrorists.

Judge Previn wants to see you.

Je regrette, madame.

On advice from the
English Bar Council,

I must ask you to withdraw.

I've done nothing wrong.

Your conduct over the briefing
of the press is a contempt.

Such matters bring
the court into disrepute.

This deeply
prejudices my client.

No, madam. Your behaviour does.

I want to see Judge Deed.

Be careful, Mrs Mills.
They're on high alert.

- I might just kill him.
- Judge!

Mrs Mills, she's likely
to get herself shot.

It's all right. She's a friend.

I don't feel very friendly.

What happened?

Judge Previn has suspended
me over that press briefing.

- I can no longer act for Private Clark.
- That's not constitutional.

Is this your doing, to hook
me away from that set?

You know better.

I think Simon's going
to brief the press again...

on a leaked e-mail about
the Government's exit strategy.

Stop him!

We cannot lift the suspension.

You're prejudicing the defence.

- We need transparency, monsieur.
- We need fairness and justice.

Even in France that's
an objective, surely?

This is going to
look like prejudice.

Do you really want to risk
that in such an important trial?

- You ran away.
- I had to go to London.

- I tried to call you.
- You must think me odd.

Do you want to have dinner?

- No, not tonight.
- OK.

I am free tomorrow evening.

Well, I'll check my diary, then.

Take the other lift.

He's a terrible picker at times.

Are they playing games?

Who cares, Jo? This second
leak from the Foreign Office

actually names the Shiite faction
the Government is negotiating with.

How does that help with the
Defence Minister refusing to respond?

We need to call another
press conference.

No, we've got to be
cleverer than that.

That won't help Private
Clark. Peter, your thoughts.

Er... leak it to the press?

I want whoever's leaking
found and gutted. The renegade!

Is it true? This being part
of the PM's exit strategy?

We all want to get out of Iraq.

Yes, with honour.

We'd hardly do business
with Shiite terrorists.

It looks like my trying to get
Private Clark to plead guilty

was part of that strategy.

Then you answer my witness
summons and disabuse them.

I'd like the court to know that
the Secretary of State for Defence

is refusing to
answer his summons.

- We have no power to compel him.
- He's essential to our defence.

Why, at this late stage?

We recently received information
about a conspiracy against my client.

- I want to see these papers.
- Mmm-hmm.

- In chambers, if you please.
- La cour se lève.

- Anyone can send such e-mails.
- From the Foreign Office?

It wouldn't be admitted in
an English court, Mrs Mills.

I don't want it admitted. I
want to question the Minister.

Oh! More cheap publicity.

I suggest we summon
again Monsieur Griffin.

In the meantime,
may we continue?

At what point did you realise
some of the hostages were armed?

The first one who came out had
a Kalashnikov. He brought it up.

Did you see his face?

Only the gun. Our training's
weapon, person, action.

You didn't order him to
put the weapon down?

All you see is
someone raising a gun.

They'd just bombed the school,

they walked a suicide bomber into
some of our lot what went to help.

The situation was
life-threatening. I had to shoot.

We've subsequently been
told that they weren't terrorists.

Whoever said that weren't
there. They can't say that.

- Why are you convinced they were?
- By the way they handled their weapons.

Hostages don't pick up
guns terrorists throw away.

They're not that stupid.

Terrorists don't throw down their guns.
These people were going to shoot me.

They put kiddies' lives at risk
along with everyone else's...

and what for?

They're fanatics who aren't
doing anyone any good.

Hmm.

Private Clark, why isn't the Army
supporting you in your actions?

I'm a good soldier.

I am.

Ask anyone.

I didn't have to be in Iraq.
I could've skived off sick.

Why did you go back?

Well, it's like family.

Your mates and that.

They're in danger.

You want to be there.

We thought we
were helping Iraqis.

We thought they wanted our help.

Thank you, Private Clark.

You like killing people?

No, I don't.

It goes with the job, Miss.

You've... killed more than most.

Well, it was them or me.

I ask you again,

do you enjoy killing?

It's sickening.

It makes you sexually excited.

No. That's stupid!

Sick, not stupid.

Do you get sexually
aroused by killing?

No, I don't.

- I have your medical records.
- Your Honour, how were these obtained?

Private Clark's records are covered
by the principles of confidentiality.

The defence wasn't able
to obtain these records.

C'est le jeux du hasard. How
you say? Luck of the draw.

The prosecuting authorities are
bound to disclose to the defence

all material evidence.

- Why was this not disclosed?
- We just received it today.

- From whom?
- The Ministry of Defence.

Had you requested it?

Yes. At pre-trial.

A year ago?

And they arrive today, when the defence
has summoned the Secretary of State?

Yes, I see.

Make this report
available to the defence.

I think there is significant
gain from the document

without prejudicing the defence.

Do you want more time, madame?

Do you recognise this as yours?

That's my details.

Look at the summary of Dr Kevin
Conway, the psychologist who examined you.

Page three.

"There is a heightened sense
of excitement, mostly sexual,

"whenever killing is discussed."

- Are you calling Dr Conway?
- No. He isn't necessary.

This gives us no opportunity
to interpret his findings.

You wanted a
shortened trial time.

The court can accept
them at their face value.

Your Honour. Private Clark,
is the psychologist wrong?

It's not me he's talking about.

Did you not apply to transfer to
the SAS after joining the Army?

Yeah, but when I was 21.

They rejected you because
you were too violent.

No. It was because I
wouldn't kill a rabbit.

I wouldn't.

They make you look
after it, clean it and feed it.

Then they make
you kill it and eat it.

I wouldn't.

The sergeant ordered me.

I couldn't.

Instead, you tried
to kill the sergeant.

- I wouldn't kill that rabbit.
- Instead, you tried to kill a person.

Madame Mills?

What did you feel
about that rabbit?

- It wasn't doing any harm.
- Could you have killed it, ever?

It was like a pet.

Where are all the
Dutch police today?

Joan can't do everything.

I'm sure she's a
match for any terrorist.

This came by special courier.

- Didn't anybody check it?
- It's from the Anti-Terrorist Squad.

I've got to look at tapes of the
protesters outside the Royal Courts.

For what reason?

We're following the rumour that
there's someone here looking for you.

I don't know how she's supposed to look
at the tapes and look after you, Judge.

Superwoman, me.

Gosh, Joan, a sense of humour!

She needs one doing her job.

Well, I'll be here for three hours.
You can look at your sexy videos.

Yes. Room 414,
please. Dr Pavely.

- Hello?
- Have you had a good day?

Ah.

Not really. Have you?

Hmm. I'll tell you
about it at dinner?

I'm not sure if I
should see you.

It seems like a good
idea to me. 7 o'clock?

It's dinner, in the hotel! She
promised to get me back by 9.30.

- I must go with you, sir.
- It's why she's here, Judge.

Oh, have an evening
in with your video tapes.

- Stop.
- No, it's all right. It's all right.

Oh, are those for me?

What else could I bring
a man of your stature?

- It's silly.
- The best chocolate in the world.

- With coffee... after.
- OK.

I don't know how you stay awake.

With difficulty.

The Judge really should let
you have someone to help.

He says if we do that then
the terrorists have won.

Oh, my God! It's her.

- Is it her?
- I've got to warn him.

You'd better be sure, Joan.

Don't you ever get
scared, with all your power?

What power, really?

You tell the Government what
to do, you dismiss whole cultures.

You've been reading
the wrong mail.

You dismissed Islam when
you freed the National Front man.

No.

I failed to persuade my fellow
judges he should stay in jail.

My father said real power
is when you don't abuse it.

Mmm. Well.

Well, you only have my word.

No, I know your soul.

You know a man's soul
the moment he enters you.

Too often you find yourself
making excuses for him.

It's only very rare

that you don't have to.

- I'm not who you think I am.
- Mmm.

Make love to me like
it is our last time ever.

You know, I'm not
saying that you shouldn't.

- Well, you know him, Coop.
- That's the problem.

I don't care. He can sack me.

Is that it?

- Did you have this enhanced?
- No, Sir John.

If you tried to convict anybody
in my court on evidence like that,

I'd have you thrown in jail.

- But Sir John, it's her!
- It is!

You think it's her. Was
there anything else?

Good.

I thought you said
that was the last time.

It seems that Britain's
Secretary of State for Defence

won't make himself available to answer
questions on the Army's role in Iraq.

Quel dommage.

There are a lot of questions
we might have asked him.

Is there no one else?

- Call his PPS. Anyone. Get someone.
- There is no one.

General Waters might be useful.

Madame Mills, would you like
to examine General Waters?

Major General Waters, are
you an experienced field officer?

You have my record.

- Answer the question, please.
- I did.

- Did you understand the question?
- Yes.

So the answer is...

- Yes, I am an experienced field officer.
- Thank you, General.

You fought in the first Gulf War

and, as an 18-year-old
infantryman, landed in the Falklands.

Yes, I had that privilege.

You were decorated
in both campaigns.

- Well, everyone was.
- Not everyone was awarded the DCM.

Not at 18, anyway.

I was foolhardy.

You rushed a machine-gun
escarpment, killing the six-man crew,

saving the lives of many British
soldiers who were under relentless fire.

Yes, foolhardy.

You got your DSO in the Gulf War,
wiping out an entire Iraqi platoon.

19 men on that occasion.

Yes, I was lucky.

Were there any civilians among
the soldiers you machine-gunned?

- No, of course not.
- Perhaps being held hostage?

There weren't any.

Had there been, faced
with overwhelming numbers,

would you have had time to
distinguish them from the soldiers,

even if some of them
had been children?

- None were. I was lucky.
- You didn't answer the question.

You judge the situation.

- In a fraction of a second?
- Yes. Almost always a split second.

- As Private Clark did.
- Yes.

Then in your opinion,

is Private Clark being accused

not because he responded to
save lives, but because he's unlucky?

Luck plays a
part in all actions.

Have you seen footage
taken on a mobile phone

and subsequently shown
on AlJazeera television?

Dozens of times.

What would have
been the process,

had that footage not
been released to the world?

Well, it's impossible to say.

General, there would
have been a process.

An internal inquiry is normal.

What's the Army's
view of Private Clark?

He's a very efficient
young soldier. Very brave.

Did that view change under
pressure from the MoD?

I can't say.

Well, does the Army consider
Private Clark mentally unstable?

- He was fit for duty.
- He shot and killed 11 people.

Conditions on the
ground were so bad,

soldiers were
going out on patrol

while both mentally
and physically exhausted.

Did the MoD know this?

There is a view that
they were being reckless

with the lives of British
soldiers and Iraqis too.

The situation
was highly volatile.

Let's have a look at
that volatile situation.

Isn't how Private Clark
responded in that volatile situation

entirely appropriate to the
dangers, as he saw them?

In my view, yes,

entirely appropriate.

Then why has the Army abandoned
this loyal, hard-working soldier

who saw you all
just as his family?

I can't say.

Isn't it true that Private
Clark has been dumped

by the British Army and the
Government as part of their exit strategy?

- The Army has no such strategy.
- And the Government?

The Army has no such strategy.

Can you look this
soldier in the eyes

and tell him he hasn't been abandoned
as part of ongoing negotiations

with the radical cleric
Hussain de-Raqmann

to take over
control of the region

and so shut out rival
militias supported by Iran?

No.

No, I can't tell him that.

We must find a way of getting
your Government Minister here.

We're not trying the
British Government.

The world is, John.

This court is about
individual responsibility.

It indicts people
who, allegedly,

have done terrible
things to other people.

This is what your
Government has done!

Then take your indictment of them
to the International Court of Justice.

Put the UK in the dock,
like Israel or Serbia.

This case is about one
frightened young soldier.

Undeniably, he shot
and killed 11 people.

As a soldier responding to
a life-threatening situation.

Look, the weight of the
prosecution argument

has been about the
big picture in Iraq.

Now, as much as we may wish
to put Clark in the place of others

that we feel responsible for an
international disaster, we can't.

Thank you for the general.

You were lucky he's a
soldier, not a politician.

This is the sort of work you were
made for. Can I buy you a coffee?

Um... no. I'm going to meet
someone. I'm going to meet a woman.

- Do I care?
- Jo...

Sir John! The Americans
have identified Dr Pavely.

They're holding her two
brothers in Afghanistan.

What?

Hi. 312, please.

- Dr Pavely left this for you.
- Thank you.

I'm sorry. I will never
hurt more than I do now.

Did she check out?

No, Sir John. Dr Pavely
is in your room still.

Sir?

Where is he?

Thank you.

It makes no sense.

None of it makes any sense.

Is there no end to the
madness of these fanatics?

We should delay.

No. We can't keep
Private Clark waiting.

Well, thanks to your Government, this
could have happened to any one of us.

This isn't about Iraq, Claude.

This is entirely
about Iraq, monsieur.

La cour se lève.

The decision of this court is
unanimous. And in the circumstances,

I think it most appropriate that
Judge Deed deliver the verdict.

"It is clear that on
this day in Basra,

"following the murder by
terrorists of citizens of Iraq

"and colleagues
from his own unit,

"David Clark embarked
upon an action

"that took the lives of
11 more innocent people.

"It was an utter tragedy.

"Four were children,

"young children who will
never grow up to see a new Iraq.

"We note Clark's battle orders,

"the conditions in Basra,

"the stress he was under

"and the brutal attack to
which he had to respond.

"A good deal of responsibility
for that appalling environment

"may be due to
the political masters

"who sent him to that
country to do their work.

"We are not called
upon to express any view

"on the legitimacy of the
actions of his superiors

"or the legality of the
UK engagement in Iraq."

David Clark, stand up, please.

"We are trying you, David Clark, on
what you did and what you believed.

"In your case, we are not convinced
of your guilt as a war criminal.

"We therefore find you not guilty
of war crimes. You are free to go."

La cour se lève.

John?

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

Well...

The judges were more open-minded
than I thought they would be.

Can I buy you that coffee?

I've been such a fool.

You have your moments.

Judge?

WPC Lowy just called.

Forensics worked out...

Well, they think she was disconnecting
or trying to disconnect the bomb

when it went off.

I think you could do with
something stronger than coffee.

Thanks, Coop.