All language subtitles for 4 - Evidence of Harm (2).

All rise.

All rise.

In reviewing
whether the decision

to withdraw legal aid funding from
Sergeant Brian Meam was reasonable,

Mr Justice Niven
concluded that it was.

Subsequently, the suitability for
Mr Justice Niven to sit in this case

was called into question.

So we are here now to examine
whether his ruling should be set aside

for bias or apparent bias.

Is the Legal Services Commission
not represented by counsel?

Sir, Peter Dulford and his
junior have been delayed.

Sir Peter knew that he was
required to stand by for this hearing.

It was unavoidable, sir.

Well, then, it looks like this review
will be heard without his contribution.

My Lord, might I
request an adjournment?

And you are?

Henry Door, solicitor to the
Legal Services Commission.

Do you have any right of
audience here, Mr Door?

No, I don't, sir.

Then please sit down. Mrs Mills?

Five years ago, two years after he
was diagnosed with neural deficit,

Sergeant and Mrs Meam were
awarded a funding certificate

from the then Legal Aid Board.

This money was for research

into the nature of his persistent and
worsening illness and the likely cause.

It was also unbearably
stressful for both of them

and their son David, who
became severely depressed.

Two weeks ago, Sergeant
Meam had become so desperate

he took his own life
and that of his child

by driving the family car into a river
whilst they were both strapped in.

Mrs Mills, we cannot accept your
assertion of the cause of death.

That must be left to
the coroner to determine.

Yes, of course, My Lord.

Over this period,
the Legal Aid Board,

which became the Legal
Services Commission,

wavered several
times in their support,

demanding more and more
evidence, twice suspending funding.

Then in August, they
withdrew funding completely

as this test case was
about to go to the High Court.

- Was a reason given for this?
- Lack of evidence.

The claim, in their view, hadn't a
better than 50% chance of succeeding.

But then we acquired evidence

that the Association of British
Pharmaceutical Industries

was putting pressure on the Government
to stop this trial from going forward.

Was there a reason given?

The basis was that the drugs involved
brought too much benefit as a whole.

- And was this put to the LSC?
- They said it was inconclusive

and referred us to the earlier
review by Mr Justice Niven.

Was Mr Justice Niven
aware of the new evidence?

We didn't have it at that time.

We are here to
examine evidence of bias.

And I'm going to do that

in the context of the original
arguments of the merits of the case.

My Lord, this is opening
the way to a full-scale review.

Mr Door, you don't have
right of audience here.

Any decision will be
overturned on appeal, Henry.

Sir Michael Niven would
prefer not to risk it, Sir Peter.

Hmm. Then we'd better
start running to put out the fire.

A civil servant at the
Department of Health

contacted the solicitors
acting for Mrs Meam

following the death of
her husband and son.

He said that a meeting was held

between Sir Percy Thrower, the
Permanent Secretary at the Home Office,

his opposite number at
the Department of Health

and Samuel Butler,
the CEO of Caversham,

the manufacturers of the
drugs given to soldiers.

Are you calling
this whistleblower?

To do so would cost him his job.

Ah, Sir Peter.

Our apologies, My Lord.

The case we're in ran on and this
case was listed at such short notice.

Do you have argument
for the court in this review?

We do indeed, My Lord.

Good. Mrs Mills, do you want to
now turn to your opening address?

My Lord, with the utmost respect,
this application is about bias.

The court cannot be concerned
with the substantive issues

in the case judged
by Mr Justice Niven.

Without proper understanding
of the issues in the original case,

we can't assess the impact of
the bias alleged in the review.

No, My Lord, that's
exactly what you cannot do.

I certainly can, Sir Peter.

Mrs Mills.

The Army has gone to great
lengths to reassure soldiers

that no possible harm can come to
them by taking the drugs given to them

to protect them from
attacks by bio-terrorists.

Despite an increasing
number becoming sick,

they are given no
choice in the matter.

And those falling ill
are not small in number.

A small number relative to
those receiving the drugs, perhaps,

but when a hitherto
fit and healthy soldier

becomes a screaming,
head-banging depressive

after receiving them,
questions need to be asked.

It is our contention

that neither the Government, the
Army nor the pharmaceutical companies

want those questions asked

in case the answer is yes, those
drugs do damage some soldiers.

This entire avoidance of debate

seems to hide the decision by the
Army, Government and drug companies

to allow some soldiers to
be catastrophically damaged

in favour of the common good.

A recurring dilemma
for all governments.

Brought sharply into focus
by the some becoming many.

The incidence of neural deficit in the
armed forces is now at an all-time high.

And for the likes of Mrs Meam,

whose husband may have been
fatally damaged by those drugs,

there is no common good.

It's late, Mrs Mills, but your
client's come a long way.

Would you like to get
started with her now?

Mrs Meam, can you tell the court
what happened to your husband?

It's like I died that day.

He drove them...

He drove...

He couldn't take it any more.

Can you tell us
what led to this?

At first, he was...

At first, after the drugs,

when he came home on leave...

he had sort of flu symptoms.

He complained that
he ached all over.

He got a fever and
quickly went downhill.

So fast I thought
he was going to die.

He started banging his
head on the wall with the pain.

All the while going
down and down...

He didn't ever come back up.

Do you know what drugs he had?

No. Well, not really.

Brian had said how they were all
lined up in his regiment and given them.

Five or six
vaccinations together.

It was all hush-hush.

- What happened afterwards?
- After the flu-like symptoms,

he came up in purple blotches

then began to vomit. He couldn't
seem to keep anything down.

He started screaming,

a really high-pitched scream,
like he was in intense pain.

Finally, when he lost consciousness,
he had to go into hospital.

He was just
different after that.

He began to lose language.

He never made eye contact.

Sometimes he didn't
even recognise us.

Did anyone say it might
be as a result of the drugs?

No, they... They kept
saying it wasn't the drugs.

But when we asked
more questions,

they couldn't seem to prove it wasn't
any more than we could prove it was.

Dr Moon.

Excuse me, Dr Moon.

- I'm Mr Justice Deed's clerk.
- Yes, I saw you on the bench.

Well, the judge
would like a word.

I can't see how that would
benefit either one of us.

Judge.

There are no prints
on the cigarette packet.

- Not according to my friend in CID.
- How is that possible?

He thinks it's been wiped. It's
the only way it could be so clean.

Well, there were prints on it when
Superintendent Gaghan checked it.

She said they were smudged.

Inside the packet, on the
foil, he did find a partial print.

Good enough for identification?

They managed to get a lift off
three ridges of the right thumb.

They matched a
Major Richard Colby.

Oh, well done, Stephen.

He's ex-SAS. Works for a security
outfit called Commercial Index.

What sort of work that
I couldn't get his file?

They're an investigative outfit.

They work mostly for the
Association of British Pharmaceuticals,

chasing down false claims.

We'd better ask some
more questions, Stephen.

Joe!

I urge you, no, I beg you
to withdraw from this case.

It would save the Government a
lot of embarrassment. Deed as well.

Justitia is traditionally
portrayed as blindfolded.

The idea is that judges must not
be influenced by any irrelevancy,

such as the personal embarrassment
of anybody, least of all the Government.

We have put up with the eccentric
behaviour of your ex-son-in-law

for too long.

This is something the
Government will not tolerate, Joe.

Too much is at stake.

Meaning?

I can say no more.

- I'll have a word with him.
- Thank you, Joe.

Thank you for your support, Joe.

- It's still not a meeting of minds.
- Well, hopefully you'll change.

I don't like to be bounced,
either by you or Rochester.

He gave some pretty cryptic
warnings about this case.

The stakes are too high for
the Government to let it go.

- Does he have a plan to stop it?
- I don't know.

Constitutionally,
you're on thin ice.

Be very, very careful.

- Jo, he's gone.
- Who?

Dr Hiaasen.

What do you mean, gone? Where?

Well, I... I went to the hospital to
check his statement, and no doctor.

Did they say when he'll
be back, where he's gone?

No one seemed to know.

He's our one solid witness.
Did you try his home?

I've tried all his numbers,
they go to message.

No, no, no, Peter! You
have to go to his home.

Without him, we're lost before
we've even started. I'll try Liffe.

He might just know. He
put us onto him. Peter, go!

Dr Liffe? It's Jo Mills.

Oh, Mrs Mills. I can't talk.

- We can't seem to contact Dr Hiaasen.
- Sorry. I'm busy.

- Dr Liffe, we have to talk.
- Get away from me, Mrs Mills.

- Just get away.
- Why? What has happened?

Don't you live in the real
world? It's all over the news.

- Dr Hiaasen has killed himself.
- What?

I only talked with
him yesterday.

He was furious that
people who matter

knew he was going to
give evidence in your case.

How? What people?

He tied a cord around a tree and
around his neck and then drove away.

I can't help you
any more. Go away.

That's the same as Dr Dayvis.

You should watch what you
say on the phone, Mrs Mills.

- Hey.
- Hey.

Oh, thank you.

Are you taking your work home?

Taking it to my dad to
ask him for some help!

- Have you got something?
- Mmm, a job.

- Prosecuting a big DWP fraud in Bristol.
- Wow.

- Who's your leader?
- No one. It's my own case.

The CPS approached you?

It can happen, Dad.

Yes. Yeah, yeah, sure.

Hi.

- Do you know who this is?
- Has my luck changed?

Can we meet?

I thought you said
that was too risky.

More so now. This is urgent.
Meet you in the usual place.

Is something wrong, Dad?

No.

- Proof?
- Come on, John!

He was about to give evidence.

Without him, you haven't
got much of a case, have you?

Summons Dr Liffe. Question
him on Hiaasen's statement.

You've got to get
somebody to testify

that the drugs given to Brian
Meam could have harmed him.

Otherwise the decision to
withdraw funding looks reasonable.

Liffe won't talk.
He's too spooked.

Jo, you know that those two scientists
didn't commit suicide and so do I.

- Yes.
- Yes.

I'll get the police report
on Hiaasen's death.

- Sir Ian Rochester, Judge.
- Thanks, Coop.

We understand Mrs Mills's
principal witness has killed himself

and that you've asked
for the police report.

Don't you find Dr Hiaasen's
death just a little bit odd?

He was under enormous stress.

- Sorry.
- No, no, no.

Oh, no doubt the lunatic fringe,
led by Mrs Mills and her cohorts,

will see a conspiracy.

It was exactly the same
method as Dr Dayvis's death.

Doesn't that bear investigation?

You can't believe the Government
or the pharmaceutical industry

had anything to do
with Dr Hiaasen's death?

I can believe the Government has
done a secret deal to relax regulations

in exchange for cooperative
work on bio-terrorism vaccines.

I can believe that they would go

to extraordinary lengths
to keep that secret.

- That sounds rather far-fetched.
- Does it?

Be that as it may,
there is no question

that Michael Niven's decision

can be invalidated for
reasons of apparent bias.

Oh, I thought I was the judge.

My Lord.

As you're so well informed,
Ian, you must know

that I've summoned the head of the
Legal Services Commission in Bristol

to inquire on what basis
he withdrew funding.

If I don't get a
satisfactory answer,

I will summon the head of
the Department of Health,

of Defence, of the Home
Office and all their ministers,

right up to the Prime Minister
himself, but I will get the truth.

You could create such a crisis

that credibility in the courts
could become precarious.

Your motives will
simply not be understood.

Yes, in the meanwhile, I will
have the police and medical reports

on Dr Hiaasen's death.

I ask you again, on what
basis did you withdraw funding?

Insufficient evidence that
the case was winnable.

Prior to that decision, you
had been funding the action?

- Yes, sir. Since the late '90s.
- Believing the case to be winnable?

Well, not after the death
of Dr Rupert Dayvis.

He was the leading researcher.

In the absence of
anyone of his calibre,

well, all we had to rely on was
the opinion of the independent bar.

As you know, sir, barristers often
get the job once they've advised us.

Was Mrs Mills less than
honest in her assessment?

No, sir. She was very frank.

Then what led you to
reassess the case, Mr Cherry?

We do from time to time, sir.

Something specifically
prompted this.

Mr Door, are you
instructing this witness?

My Lord, this is most irregular.

Yes, please forgive me, Sir Peter.
It's the influence of The Hague.

I'm allowed to conduct things
differently there. Mr Door?

No, I'm not
instructing the witness.

Good. Mr Cherry?

The answer's not over there.

Well, sir, there was a request.

Ah.

From whom?

- A Government department.
- Well, don't tell me,

let me guess. The Home Office?

You don't have to answer
this witness summons, Percy.

If I don't, Rochester thinks Deed
will put me in jail for contempt.

Now, there's a wonderful irony.

The head of the Home Office
Civil Service in one of our own jails!

Not an edifying prospect.

Pity our Civil Contingencies
amendment bill isn't done and dusted.

It wouldn't matter
then what Deed learns.

Should I go, Home Secretary?

Ah, it's either that
or Australia, Percy.

Not transportation.

A fact-finding trip to...
Tasmania, perhaps?

I think I'd rather take
my chances with Deed.

Stall him, Percy.

I'll speak to the Leader of the House,
see if we can get a rush on our bill.

- You.
- Dr Moon, I really need to talk to you.

I don't have to. Don't you
know what's happened again?

Can I come in, please?

I don't want to talk inside.

Has anyone threatened you?

No one needs to threaten me.

I'm forever looking
over my shoulder,

wondering about the woman buying a
newspaper, the man sitting in the car.

I guard my phone conversations
in case anyone is listening.

Is that why you wanted to walk?

Sometimes I just can't
bear being enclosed.

Whatever it is you
want, I can't help you!

I think you can.

I think that's why
you came to my court.

How many deaths
will it take to stop you?

I've seen the police report to
the coroner on Dr Hiaasen's death.

It clearly suggests suicide.

He was heavily in
debt from gambling.

Well, I won't believe that.

Peter Hiaasen was too
careful ever to gamble.

And Dr Dayvis?

How well did you know him?

We saw each other every day.

- Do you have access to his information?
- No, I can't help you. I can't!

You have the information.

- That's why you came to court.
- No, you...

You people, you don't care.

Look, I can't help you.

All right. I'll find
another way.

Sir Percy, do you know
why you were summoned?

I understand to answer questions

about the Home Office's
planned response to bio-terrorism.

Have you been intimately
involved in planning that?

As head of the Home
Office Civil Service,

it's part of my overall
responsibility, yes.

It's a bit more than that, Sir
Percy. You were instrumental

in drafting the Home Office's
Civil Contingencies Act.

I had a hand in it.

Dealing directly with
pharmaceutical companies.

I didn't write the
amendment bill.

But you did call Bristol
Legal Services Commission,

suggesting that they
withdraw the funding

for Brian Meam to sue
the drugs company?

No, I do not believe I did.

Well, according to the manager
there, someone in the Home Office did.

It's a large department.

Yes, for which you have
overall responsibility.

But I don't task every action.

Then who did and
on whose authority?

- Well, Sir Percy?
- I don't recall that detail.

Fine. Then I'll give you
time to think about it.

Meanwhile, Mrs Mills and Sir
Peter will examine you. Mrs Mills?

What is the Home Office's provisional
budget to counter bio-terrorism?

I don't have the
figures to hand.

Roughly?

In the region of £4 billion.

- To vaccinate everyone in the country?
- No.

The money is given to the
Health Protection Agency

to work with
pharmaceutical companies.

Bio-warfare vaccines are
part of our overall policy plan.

That must make you
an awfully good friend

to the big pharmaceutical
companies.

My Lord, although Sir
Percy is not my witness,

I do in fairness
protest on his behalf.

My learned friend is implying a
venal relationship. I'm sure none exists.

Mrs Mills,

you are allowing your enthusiasm

to carry you beyond the
boundaries of this case.

I have no further questions.

Sir Peter.

Sir Percy, what is the annual
budget of the Home Office?

- About £14 billion.
- Which you spend personally?

Let's get these
astronomical sums in context.

How much do you
spend annually on prisons,

to protect the public
from offenders?

£2.6 billion.

So then £4 billion to be spent

protecting the whole of the
nation against bio-warfare

doesn't seem so much.

- No, that's jolly good value.
- Thank you, Sir Percy.

Memory improved?

We have 15,000 employees
at the Home Office.

For whom you
have responsibility.

Including the cleaners. I don't
remember all their names, either.

Only a handful of people
could have instructed Mr Cherry.

Probably a member
of your committee?

No one candidate comes to mind?

- I'm afraid not.
- Then step down. We'll recall Mr Cherry.

- Remain in court.
- I do have a department to run.

You'll leave when we
get satisfactory answers.

Mr Cherry, please
return to the witness box.

Remember, you
are still under oath.

Who at the Home
Office called you

to suggest you withdraw
legal aid from Brian Meam?

Well, I don't recall, sir.

Mr Cherry, you are coming
perilously close to prison.

No, sir, I'm not sure
he identified himself.

What, you took instruction
from an unidentified caller?

Can you really be such a ninny?

His name is Lex Wetcote.

Ah. Not a name easily forgotten.

Sir Percy, do you
know this person?

He's an undersecretary
with the directorate.

And what is that,
in plain English?

- He runs a few committees.
- On what?

Health policy, civil defence.

Certain aspects
of bio-terrorism.

Then we'll get Mr
Wetcote here, question him.

And if I find he's been sent to
New Zealand or some such place,

there'll be trouble.

Might I be permitted
to leave now?

No. We will rise and
await Mr Wetcote's arrival.

All rise.

Oh, Judge, I thought you
were going to throw them in jail!

I came close, Coop.

Thank you.

They do serve
excellent tea here, Neil.

You seem remarkably relaxed.

I'm confident that you
can deal with things, Neil.

Deed is insisting on me.

Maybe we should wait till he
drags you off in irons. If he dares.

Can you put your Civil
Contingencies amendment bill to bed?

It's back to the
Commons on Thursday.

- That's the earliest we could fit it in.
- Will it go through unimpeded?

No one's raised any
objections to any of the sections.

MPs are spooked
by terrorist threats.

It's a formality, Samuel.

After that, Deed's
efforts are meaningless.

Ah, Deed, yes.

Well, my researchers assure me
that we have nothing to fear from Deed.

He had sex with the
claimant's barrister.

That's happened many times.

But it's not allowed, is it?

We've been there before, Samuel.

- It didn't dent him.
- No.

You've been there
before without evidence.

Ten days ago, in
Mills's apartment.

They talked about Justice
Niven's handling of the case,

how compelling her
evidence had to be.

And then the Beast of
The Strand got his reward.

Mr Wetcote, why is a
Home Office undersecretary

concerning himself with
funding in a civil action?

It's joined-up
government, My Lord.

Our experience in criminal justice
makes us realise that courts of law

are not good places to settle
highly contentious, big-money cases.

You felt it your duty
to withdraw funding

that had been running for years
with the case almost to court?

The withdrawal of
funding wasn't my decision.

I saw a potential saving and invited
consideration of my suggestions.

Without consulting
anyone in your department?

It was my initiative.

Do you know, Mr Wetcote,
I don't think I believe you.

Mrs Mills, would you like
to examine this witness?

My Lord.

The pharmaceutical
companies that are developing

the £4 billion
bio-terrorist vaccines,

are they also making the drugs that the
Army is giving to its combat personnel?

The Government has a well-developed
policy for drug procurement.

Inevitably, Caversham are
involved in both elements.

Did you have a conversation with someone
about preventing Caversham being sued?

I don't remember talking to
anyone specifically about that.

Unless I did it in my sleep.

Are you in the habit of talking
in your sleep, Mr Wetcote?

No. Nor of sleeping with people I
have an ethical duty not to sleep with.

Mr Wetcote...

I would like you to bring to
court all the papers and e-mails

that have passed between you
and the pharmaceutical companies.

And I mean all of them.

- That's a mountain of paper.
- Yes.

Then let's hope the Home Office
spends wisely on its haulage firm.

My Lord, I know the hour is late,
but might I examine this witness?

- My Lord.
- There will be ample time

for all of us tomorrow.

All rise.

This is madness, Percy.

We can't show some
of those memos.

Of course we can.

Mrs Mills, Sir Peter, the judge
wonders if you can join him.

I certainly can't. Apologies.
I'm frightfully late as it is.

Sir Peter regrets, Judge.
He's late for another meeting.

Ah.

In that case you'd best
stay, Coop, have some tea.

Thank you.

I don't know how much longer
we can let this continue, Jo.

That was to have been the nature of my
conversation with you and Peter Dulford.

You can guess where he's gone.

Yeah. To take instructions.

To make sure the Home Office
resists bringing any papers into the court,

especially those
suggesting complicity.

You know there is.

Just as you know that that
man's death wasn't coincidental.

Not unless you could show it.

Peter Dulford will
argue that first thing.

I feel like I'm choking
on the injustice of it.

What about Liffe? Won't he
help? We can offer him protection.

I don't think that
will convince him.

What I need are
Dr Dayvis's papers.

I can only pray that they turn
up with the Home Office papers.

Well, unless I know they have
a copy, I can't ask for them.

Well, perhaps Sir Percy
Thrower will let something slip.

Like the Civil Contingencies
amendment bill that he didn't write.

- What amendment?
- Don't ask me.

I'm struggling to keep up with
the criminal justice legislation

spilling out of the Home Office.

As I have to say are most barristers.
600 new crimes in ten years!

Check the website, Coop, please.

We were briefed
on the original act.

It imposes duties
on local authorities

in the event of a
breakdown in public order

following an event
like bio-terrorism.

What is the add-on plan?
Put everybody in prison?

It's 38 pages, Judge.

- We just need the amendment.
- Yeah.

- 54 sections and loads of schedules.
- Oh, great.

Thanks, Coop.

Section 27, Schedule 3.
Extension of Crown immunity.

Any organisation,
private or public,

designated by the minister as
within the terms of Section 42.1.

Pharmaceutical production and
development? Why are they protected?

They make
bio-terrorism vaccines.

You know what this
means, don't you?

They can't be sued if
the vaccines go wrong.

No. More than that.

If it goes through like this, it
will have retrospective action.

You won't ever be able to sue Caversham
or any other pharmaceutical company.

Then why has no
one ever protested?

Because it's hidden away, seemingly
innocuous. This is momentous.

If this bill goes through like this on
Thursday, you're dead in the water.

The Lords will hold it up.

It's already been through its
committee stages there, Mrs Mills, look.

- John, they can't get away with this.
- Well, they did in America.

They slipped just such a clause
into the Homeland Securities Bill.

Find a witness, prove your case.

I'll try to hold up the passage
of the bill from the court.

No, no. It can't be done.

It's a step too far.

It would be thwarting
the will of Parliament.

That would cause a constitutional
crisis the like of which has not been seen

since... since the Reformation!

That's how important this is, Joe.
The loss of the right of one individual

to seek redress
through the courts

with thousands of
possible cases pending?

Protection against a corporately
arrogant executive is that important.

Yes, well...

The case has to be solid.

Help me with this one, Joe.

There's still plenty of good law
to stop a development like this.

Well, we must
check the evidence.

I've got to go.

Neil? What are you doing? I
thought you were coming up.

I'm listening to your ex dig his
own grave, judicially speaking.

What?

Let me hear.

Wait. There.

Is it real? I don't believe it.

Oh, George, it's real, as
real and happening as can be!

What are you
going to do with it?

The most harm possible.

How's your case?

Big and getting bigger.

I got your message.
Why so secret?

- I don't want to risk the phone.
- What, it's bugged?

Paranoid!

Talk to your granddad, Chas. I want
you to give him some help on this case.

- I'm up to my eyes, Dad.
- If we don't stop what's happening...

- Oh, but Dad!
- Do it, Chas.

I've got to go.

Can I come in?

Why did you come back?
I have nothing to say.

You may be the last chance these
soldiers and their families have.

I'm sorry, Mr Deed.

I haven't got
anywhere else to go.

I'm scared of what will happen if
I help you get Dr Dayvis's papers.

The court can protect you.

It's the only way.

There's a bill about to complete
its passage through Parliament.

It will stop anyone ever suing
the pharmaceutical companies.

- You can't stop these people.
- We might, if we expose this.

They will kill me.

Not once the information's out.

- I don't have it!
- Does it exist?

Did Dr Dayvis have the facts?

Security people from Caversham
took all his papers and computer.

There must have been a copy.

He made copies of everything.

Well, did Caversham
take everything?

He did have a
back-up hard drive.

Well, have you got it?

Is it here?

Well, that's the good news.

He's getting the hard drive.

We'd better give Mr
Butler the bad news

about Deed trying to
stop the amendment bill.

- Hello?
- Charlie, it's me.

I thought we
might go for dinner.

I have to finish this.
Dad needs it urgently.

Have you seen him lately?

I'm flat out with
this case in Bristol.

Is he still seeing Jo Mills?

I doubt it.

She's before him in a
case. He'd be in real trouble.

I think he is in real trouble.

Nothing unusual there, then.

This time might be
a little more serious.

Neil has a recording of the Deed and
Jo Mills having sex in her apartment.

How?

Normally, Charlie, he
does it with a lot of charm.

This time he was a
little less charming.

How did they get the recording?

Neil wouldn't say.

But they talk about
the case starting.

Is it real? This could ruin Dad.

From the way Neil's
feeling, I'd say it was real.

He's so stupid!

I have to go and warn him.

I thought you might.

Someone's bugged your apartment.

Oh, I feel sick.

Neil Haughton hates Dad. He's
going to release that recording.

Did you warn John?

His phone's switched off.

I didn't want to leave a message
in case that was bugged, too.

What a mess.

Goodness, didn't you go to bed?

No.

Mrs Mills is trying
to get hold of you.

She didn't call. She thinks
her phone's being bugged.

Um...

Right. Get her to meet
me in the car park.

They can't have bugged that yet!

I'm sorry I got you into this.

Are we any further with Dayvis?

Yes. I got hold
of his hard drive.

I'm no scientist, Jo, but it
looks like the drugs are safe.

He couldn't repeat
his earlier findings.

Is this authentic?

As a two-pound coin.

You'll have to report it, Peter.

Sir Peter Dulford would like to
see you and Sir Joseph. Alone.

Oh!

Tell him to wait.

I'll talk to you later.

Are the parties in the
internet case here?

- Only Ian McCartney.
- Oh. Oh, well.

No, no! Um...

Ask Ian McCartney to
come in here, would you?

How did that happen?

In a car crash when I was ten.

My parents were killed.

That's a lot for a
ten-year-old to overcome.

Yeah.

There were times
where I felt like giving up.

You know, people think it's just

losing your parents or
not being able to walk but...

but actually, you
can overcome that.

It's the loss of hope that
really brings you down.

Then I learned I was
good with computers

and the world opened up to
me there. Changed everything.

Internet Raiders have
offered me £5 million.

I'm not sure if that's enough.

It's a lot of money.

I have a good case and time.

Did you ever dream
of having £5 million?

Off the record? No.

Anything can happen
in a two-year trial.

Take the money.

Is it possible to look
at a computer hard disk

and see if its contents are
camouflaging something else?

What do you mean?

Two people may have died

because of what was
assumed to be on this disk.

What's there now
is insignificant.

Were they bumped off?

That's a possibility
we're looking at.

So you want to know if a file on
this has been changed in some way?

I want to know what's there that
could have got two men killed.

There's got to be
something else.

Have you searched
the drive for hidden files?

I wouldn't know
how, Mr McCartney.

Will you help us?

Yes.

Tell Coop if you find anything.

All rise.

My Lord, I would rather this
matter was raised in your chambers.

We can sit here in chambers.

Clear the public gallery,
would you, please?

Sir Peter?

It'll keep, My Lord.

Then I'll have the public back.

However, there
is a matter of law.

We dispute the right of
the trial judges to be partial

in the choice of
witnesses they call.

The common law does not admit to this
being done without the parties' consent.

I refer Your Lordships to

Re Enoch and Zaretsky, Bock
and Company in a case from 1910,

reported in the first volume of the
King's Bench reports at page 327.

Yes, Sir Peter, but
providing we act

within the overriding
objective principle

of dealing with the case justly,

rule 32.1 means we can ask
for any witness we deem relevant.

"Joined-up justice",
I believe it's called.

My Lord.

We would like Samuel Butler, the
CEO of Caversham Pharmaceuticals,

to answer questions.

Is this witness even available?

Well, we'll adjourn until he is.

All rise.

The longer Deed takes, the closer
our amendments come to being law.

It's a risky game, Percy.

Did you find anything?

There's a hidden file.

Yes! Yes! Yes!

But it's encrypted.

Mr Butler, would you ever market
drugs with adverse reactions?

Of course. Most drugs
cause some adverse reactions.

This is the price we
pay for the greater good.

Caversham is an ethical company.

We've never purposely
obtained a licence for a drug

which we knew to have
severe adverse reactions.

Yes, but isn't it a matter of
record that your anti-arthritis drug

Kalite was shown to damage the
hearts of patients in certain trials?

I wasn't with Caversham
when that drug was launched.

Oh. Well, then step down.

We'll call someone with a
comprehensive view of the company.

It's a simple encryption.
It's just time-consuming.

- Well, how long will it take?
- I'm going to break it.

It may be too late.

Whoever did this
is quite smart, sir.

Perhaps too smart.

The Home Secretary, Judge.

- Neil, I've been expecting you.
- Oh, you have?

Yes, you want your
civil servants back.

- Not until I get the truth.
- This is not about my civil servants.

Things have moved on.

There's a tape of you conspiring
with Mrs Mills, among other things,

prior to the start of this.

Obtained how?

I imagine one of Mrs Mills's
many enemies recorded you.

A matter of national security?

She certainly behaves
like an enemy of the state.

And me?

Rather foolish, I think, is
how the world will judge you.

For George's sake,

and Charlie's,

I'd rather you stepped down.

You could not release the tape.

No.

I've waited too long.

Well, thank you for
your consideration, Neil.

He's done it, Judge.

I'll certainly think
about what you said.

You got through the encryption?

Of course.

- Is this what you're looking for?
- I certainly hope it is.

McCARTNEY: Well, only the
person who wrote it would know.

Coop, run and catch
Mrs Mills and Sir Peter,

and I want Dr David Liffe
brought here immediately.

Yes!

Can you come to any
conclusion, Dr Liffe?

What conclusion do you want?

What are Dr Dayvis's conclusions about
the drugs given to soldiers by the Army?

Looking at the raw data...

what he found was that he
couldn't repeat his earlier findings

produced by him and Dr Moon.

Do you recognise these
as Dr Dayvis's papers?

Yes. I know his work.

It often happens that the results of an
exciting discovery can't be replicated.

My Lord, in view of this
incontrovertible evidence,

I ask it be found that Mr Justice
Niven's judgment now be upheld.

No. We will rise for 30 minutes.

All rise.

John, this cannot continue!

The longer it goes on,
the more foolish we appear.

I know, Joe.

You did your best. You tried.

End it!

Are you all right, Judge?

We ran headlong into that.

Well, if you ask me, Judge,

Dr Moon's working for
Caversham and she put it there.

It's too late to find out.

Tomorrow the amendment bill

will pass its last hurdle
through Parliament and...

I'd better have the parties
in the internet case back.

Yes, Judge.

Could someone have planted that
information on Dr Dayvis's computer

about the drugs being harmless?

Um, technically? Yeah, of course,
but that doesn't help the Judge.

- How could they do that?
- Well, it's pretty simple, really.

You just change the file, resave
it and delete all the back-ups.

Well, can't you get them back?

That wasn't what
I was trying to do.

I'd need access to
the hard drive again.

You're wanted back in court.

- Isn't this more important?
- Okay.

Are we back on, Mrs Cooper?

Um, he needs the bathroom.

Mr Justice Deed's chambers.

I hate to press
you, Mr McCartney,

but I can't keep these barristers
waiting much longer without an answer.

Sir Joseph wants to know
when we're going back in.

Mr McCartney?

Is that what you need?

I retrieved it from
the hard drive.

It was Dr Dayvis's back-up.
Someone had deleted it.

Coop, get hold of Stephen.

Tell him... No,
I'll do it myself.

Stephen! Go and get Dr Moon
and bring her to court immediately.

- What if she won't come, Judge?
- Arrest her.

Dr Moon, have you had
time to examine the papers?

I have nothing to
say. I can't help you.

Are these papers the findings
you and Dr Dayvis made

regarding the cocktail of
drugs soldiers were given?

- Dr Moon, has anyone threatened you?
- My Lord...

Dr Moon, I advise you to answer.

No one's threatened me.

- Are they the papers?
- They appear to be.

Did you not conclude

that the drugs were causing
neural deficit in some soldiers?

And didn't you repeat those
findings again and again and again?

I told you, I have
nothing to say.

Then is this paper
a fabrication?

Hmm? Were you not able
to replicate your findings?

Dr Moon?

Well, Dr Moon?

Yes.

Yes, we did.

Again and again.

Dr Dayvis wasn't satisfied
with replicating it just once, he...

did it again and again.

The vaccination regime the Government
and the pharmaceutical company

are proposing to give the whole
country in the event of a bio-terror attack

would cause neural deficit in
two to three persons per thousand.

The damage to children
would be much higher.

Is this what happened
to Brian Meam?

I never examined Mr Meam but...

we did see this in

several dozen other soldiers.

Thank you.

They, um, they knew this would happen
after the very first soldiers got ill.

Caversham knew?

And the Government.

That was what Dr Dayvis's
big fight with them was about.

I believe

that was why he died.

We may have only won the battle.

Well, if the MPs have got the
information, they could stop the bill.

I wonder.

- What's happening?
- He hasn't stopped all day.

- Have you sent the e-mails?
- You should rest, Ian. You're exhausted.

They've gone, sir.

I alerted all the MPs

and every member of the House
of Lords and all the news desks.

The information was highlighted
with your comments on the bill.

- Let's hope they read them.
- Please, God.

McCARTNEY: Amen.

You know, Neil will release
the recording unless you resign.

Obtaining it may have
been an offence, George.

You can't rely on the
law to protect you, John.

Yeah, I told him
I'd think about it.

- That's all you'll do.
- Well, you know me, George.

I always expect the best of
everybody. Are you going my way?

I don't think so.

Might end up on
someone's recording!

Find out who put the
bug in Jo Mills's flat.

Well, I can try, Judge.

That amendment bill
should have been a formality.

Not after Deed's e-mail.

Isn't that beyond the
bounds of his duty as a judge?

Oh, it is.

Then release the tape of
him having sex with Mrs Mills.

We'll put a stop
to this case yet.

If we do, Home Secretary,
it could come back to bite us.

You personally steered the Civil
Contingencies amendment bill

to the floor of the House.

The Legal Services
Commission is right in its approach

not to fund every case,

having a duty of prudence
with the taxpayers' money.

In the case of Brian Meam, its
exercise of discretion was contestable.

We've carefully examined the judicial
review conducted by Mr Justice Niven

and find it was open
to legitimate objection.

Not on the basis that there
was any appearance of bias,

rather because a keystone
of his judgment had,

unbeknown to
him, been falsified.

Our view, therefore,

is that the Legal Services Commission
should look again at this matter

with a view to restoring the
funding for this important case.

That's Major Colby.

With Superintendent Gaghan.

Any luck with identifying his
fingerprints yet, Superintendent?

You might try asking
these police officers.

They're here to interview you
both about the death of Dr Hiaasen.

And get those bugs
out of Jo Mills's flat

or I promise you
you will go to prison.

You're taking a big
risk coming here.

Yes, the man in the
gabardine suit really is a spy.

Do you want to come up?

Well, you never know who might
be listening. We could go to a hotel.

What, now?

To have tea.

It would have to
be very good tea.

Is your car bugged?

Let's notget too paranoid.