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1
00:01:03,330 --> 00:01:07,324
- One more day and you're free, Alan.
- Yeah, I'll miss all this study time.
2
00:01:07,401 --> 00:01:08,835
Yeah, I bet.
3
00:01:12,806 --> 00:01:15,241
- You're a dead man, Baylis.
- You can't touch me.
4
00:01:16,944 --> 00:01:18,845
He's got a rope!
5
00:01:35,362 --> 00:01:37,092
You have a pre-trial next.
6
00:01:37,164 --> 00:01:41,067
A Mrs Hurst. She
wants to sue the council.
7
00:01:41,134 --> 00:01:43,000
- Over what?
- She adopted a wrong 'un,
8
00:01:43,103 --> 00:01:44,537
only nobody told her, it seems.
9
00:01:44,605 --> 00:01:47,097
This is her third
attempt, Judge.
10
00:01:47,174 --> 00:01:50,576
You threw it out a year ago.
Her papers weren't filed correctly.
11
00:01:50,644 --> 00:01:53,409
Ask the Presider to
take it, would you?
12
00:01:57,517 --> 00:01:59,713
Well, I can't hear it, John.
13
00:02:00,387 --> 00:02:02,720
I've got her adopted son.
14
00:02:02,823 --> 00:02:05,657
The schoolboy who
raped his teacher.
15
00:02:05,726 --> 00:02:08,286
I could let you
take that instead.
16
00:02:09,997 --> 00:02:11,192
Vera?
17
00:02:11,999 --> 00:02:15,492
My wife's insisting on sitting on
the bench with me on this one.
18
00:02:15,702 --> 00:02:17,227
Quirky privilege.
19
00:02:20,240 --> 00:02:21,731
Come in.
20
00:02:24,544 --> 00:02:27,139
- And how's our new pupil doing?
- He's a star.
21
00:02:27,981 --> 00:02:29,847
Bellman have
been on again, miss,
22
00:02:29,916 --> 00:02:33,284
asking if I persuaded you to
take on the Alan Ferns defence.
23
00:02:33,387 --> 00:02:34,650
I can't see a defence.
24
00:02:34,721 --> 00:02:37,919
He was caught on a CCTV
camera. He should plead guilty.
25
00:02:38,859 --> 00:02:40,760
The thing is, miss,
26
00:02:40,861 --> 00:02:43,330
Bellman have a huge
fraud case coming up.
27
00:02:43,397 --> 00:02:44,490
A private payer.
28
00:02:44,564 --> 00:02:46,157
Chambers would
do very nicely from it.
29
00:02:46,266 --> 00:02:48,565
Yes, I know the pressure, Tony.
30
00:02:50,737 --> 00:02:52,137
The prisoner did ask for you.
31
00:02:52,205 --> 00:02:54,174
Hmm. Should I feel flattered?
32
00:02:54,241 --> 00:02:57,473
He's very bright, miss. He's
taken two law degrees in prison.
33
00:02:57,577 --> 00:03:00,206
Well, then he should
know he hasn't got a case.
34
00:03:01,948 --> 00:03:04,782
I'll think about it. Talk
it over with Michael.
35
00:03:04,851 --> 00:03:06,717
That's all right. I don't mind.
36
00:03:09,423 --> 00:03:12,222
Oh, hello. Nice of you to come.
37
00:03:15,896 --> 00:03:17,330
There is no defence, Mr Ferns.
38
00:03:17,397 --> 00:03:19,992
Your best option would
be a deal with the CPS.
39
00:03:20,100 --> 00:03:21,864
And what about provocation?
40
00:03:22,335 --> 00:03:24,770
Is there evidence the
victim provoked you?
41
00:03:24,838 --> 00:03:28,536
He abused boys no older
than the one you're looking after.
42
00:03:32,245 --> 00:03:34,680
I have no regrets, Mrs Mills.
43
00:03:34,781 --> 00:03:37,216
Baylis claimed he was innocent.
44
00:03:37,718 --> 00:03:41,018
Well, we know of at least
eight children he abused.
45
00:03:42,422 --> 00:03:43,866
The provocation would
need to have produced
46
00:03:43,890 --> 00:03:46,325
a pretty instant
loss of self-control.
47
00:03:46,426 --> 00:03:48,156
He got three months.
48
00:03:48,261 --> 00:03:50,373
Half the fathers in the country
probably wanted to kill him.
49
00:03:50,397 --> 00:03:52,161
Still not a defence.
50
00:03:52,999 --> 00:03:55,764
Well, people are saying
I'm mad to do what I did.
51
00:03:56,670 --> 00:03:59,504
I only had a day of my
own sentence left to serve.
52
00:03:59,573 --> 00:04:02,304
Diminished responsibility
could be a runner.
53
00:04:02,375 --> 00:04:04,776
If we can show that you were
suffering from an abnormality
54
00:04:04,845 --> 00:04:07,246
that impaired your
mental responsibility.
55
00:04:07,647 --> 00:04:08,887
Well, I didn't lose all reason.
56
00:04:08,949 --> 00:04:11,384
Then what would you
hope to convince a jury of?
57
00:04:11,451 --> 00:04:13,818
That I acted in
defence of others.
58
00:04:13,887 --> 00:04:16,118
To prevent a crime?
59
00:04:16,223 --> 00:04:17,691
Is that it?
60
00:04:17,758 --> 00:04:19,954
- Barry Baylis was in prison.
- Yeah.
61
00:04:20,060 --> 00:04:24,521
But he'd have got out in a few weeks
and he'd have preyed on other children.
62
00:04:25,265 --> 00:04:29,259
Well, despite his passionate belief,
I'm not sure he has any genuine defence.
63
00:04:29,336 --> 00:04:30,668
Oh, come on, Jo.
64
00:04:31,304 --> 00:04:34,035
Remember that speech you
gave to the local Law Society,
65
00:04:34,141 --> 00:04:36,440
"Defence is part of the process.
66
00:04:37,144 --> 00:04:38,544
"In our legal system,
67
00:04:38,612 --> 00:04:42,481
"every prisoner deserves the
best possible defence, regardless."
68
00:04:43,216 --> 00:04:46,243
- Where'd you dig that up?
- I didn't.
69
00:04:46,319 --> 00:04:48,652
Alan Ferns did.
70
00:04:59,166 --> 00:05:01,158
- Hello.
- Hello.
71
00:05:02,702 --> 00:05:04,898
Hello, Mrs Tredaway. Did
we have an appointment?
72
00:05:04,971 --> 00:05:06,439
No.
73
00:05:06,540 --> 00:05:08,151
How are you getting on
with the cello, Michael?
74
00:05:08,175 --> 00:05:09,575
Oh, all right.
75
00:05:09,643 --> 00:05:12,442
Can... Can we talk inside?
76
00:05:12,546 --> 00:05:13,741
Of course.
77
00:05:26,827 --> 00:05:29,422
His teacher says he
could be very good.
78
00:05:29,496 --> 00:05:31,021
He is already.
79
00:05:34,334 --> 00:05:35,700
Mrs Mills.
80
00:05:38,538 --> 00:05:42,600
A man who thinks he's Michael's
father has made contact with the council.
81
00:05:42,709 --> 00:05:43,904
What?
82
00:05:44,444 --> 00:05:45,776
Is that possible?
83
00:05:45,846 --> 00:05:48,577
He says he had a brief
affair with Diana Hulsey.
84
00:05:49,082 --> 00:05:51,210
The time would fit.
85
00:05:51,284 --> 00:05:52,884
He's come all the
way from South Africa.
86
00:05:52,919 --> 00:05:54,888
On the off-chance
that he might be?
87
00:05:54,988 --> 00:05:57,389
- He'd like to meet Michael.
- He can't.
88
00:05:58,258 --> 00:06:01,092
I mean, even if he is the father,
he's had nothing to do with him.
89
00:06:01,161 --> 00:06:04,427
He says that was less to do
with him than Michael's mother.
90
00:06:06,566 --> 00:06:08,558
Does he have any rights?
91
00:06:09,736 --> 00:06:15,039
If his DNA test is positive,
then we'd encourage contact.
92
00:06:15,141 --> 00:06:16,837
And where does that leave me?
93
00:06:21,448 --> 00:06:22,643
Yes.
94
00:06:34,895 --> 00:06:36,864
I couldn't bear to lose him.
95
00:06:39,366 --> 00:06:42,495
- Does Michael know about this man?
- No, I haven't told him yet.
96
00:06:42,569 --> 00:06:44,663
He might not be his father.
97
00:06:45,205 --> 00:06:46,901
I've got a feeling he is.
98
00:06:47,974 --> 00:06:50,205
If he is, you could fight him.
99
00:06:53,947 --> 00:06:55,575
Oh, I feel sick.
100
00:06:57,284 --> 00:06:58,980
You haven't lost him yet.
101
00:07:00,720 --> 00:07:02,382
What should I do, John?
102
00:07:05,091 --> 00:07:07,151
How might Michael
feel about him?
103
00:07:08,295 --> 00:07:11,424
How would you have felt if
your real father had shown up?
104
00:07:17,170 --> 00:07:20,572
My lord, the case we're
asking you to set down for trial
105
00:07:20,640 --> 00:07:23,235
is clear and unequivocal.
106
00:07:24,144 --> 00:07:30,641
Under Regulation 12 of the
Adoption Agencies Regulations 1983,
107
00:07:30,750 --> 00:07:33,151
it's appended to my
skeleton in your bundle,
108
00:07:33,219 --> 00:07:37,816
Rotherwas Council has a
duty to provide the adopter,
109
00:07:37,891 --> 00:07:40,087
Mrs Hurst and her husband,
110
00:07:40,160 --> 00:07:42,959
with written information
about, among other things,
111
00:07:43,063 --> 00:07:45,294
the personal
history of the child.
112
00:07:45,365 --> 00:07:50,303
We would argue that what they left
out of the reports on Paul Lawrence,
113
00:07:50,370 --> 00:07:54,603
who was 11 years,
eight months at the time,
114
00:07:54,708 --> 00:07:58,372
was deliberately misleading
as to his true character.
115
00:07:58,445 --> 00:08:00,209
Do you have
evidence that indicates
116
00:08:00,280 --> 00:08:03,478
that the council painted
an untrue picture?
117
00:08:03,583 --> 00:08:06,018
Well, we will be seeking
Your Lordship's permission
118
00:08:06,086 --> 00:08:07,850
to search the
council's database.
119
00:08:07,921 --> 00:08:10,049
So far, they have refused
to provide us with the...
120
00:08:10,123 --> 00:08:11,682
No, my lord, to do so
121
00:08:11,791 --> 00:08:14,761
would put the council in
breach of the Data Protection Act.
122
00:08:14,861 --> 00:08:16,839
Well, if there is any
evidence to support his claim,
123
00:08:16,863 --> 00:08:18,627
the council can't resist it.
124
00:08:18,698 --> 00:08:21,793
The council is protecting some of
the most vulnerable members of society
125
00:08:21,901 --> 00:08:23,130
by its refusal.
126
00:08:23,203 --> 00:08:27,299
Let's see if Mr Stafford Clark
makes his case first, shall we?
127
00:08:27,374 --> 00:08:29,240
I'd like to hear that.
128
00:08:30,210 --> 00:08:33,146
The council's duty
was breached first
129
00:08:33,213 --> 00:08:35,808
by an adoption officer,
Margaret Tredaway,
130
00:08:35,882 --> 00:08:38,249
concealing information
about Paul Lawrence,
131
00:08:38,351 --> 00:08:40,081
second, in destroying it.
132
00:08:40,186 --> 00:08:42,849
My lord, counsel for the
claimant is offering as fact
133
00:08:42,922 --> 00:08:44,891
that which is merely hypothesis.
134
00:08:44,991 --> 00:08:46,584
He may well have fact.
135
00:08:47,460 --> 00:08:48,860
Mr Stafford Clark.
136
00:08:49,829 --> 00:08:52,924
Third, my lord, as
the result of point two,
137
00:08:53,033 --> 00:08:54,729
Mrs Hurst's 10-year-old daughter
138
00:08:54,801 --> 00:08:57,771
was sexually assaulted
by the adopted child.
139
00:08:58,671 --> 00:09:01,436
We would argue that the
council could have foreseen this,
140
00:09:01,541 --> 00:09:05,171
but did nothing to alert
Mrs Hurst and her husband.
141
00:09:05,245 --> 00:09:09,148
If that proves to be the case, it
could result in criminal proceedings.
142
00:09:09,215 --> 00:09:12,879
Mrs Hurst didn't lightly
enter into this action.
143
00:09:13,553 --> 00:09:18,184
Trying her utmost to settle her
adopted son has cost her marriage.
144
00:09:18,258 --> 00:09:19,624
Thank you.
145
00:09:26,132 --> 00:09:28,499
How far in is the
schoolboy rape case?
146
00:09:28,568 --> 00:09:32,369
Oh, Mr Justice Everard is hearing
some legal arguments now, Judge.
147
00:09:32,972 --> 00:09:37,034
Mrs Hurst took on a tough
nut when she took on that boy.
148
00:09:37,143 --> 00:09:39,374
It's surprising what
some people do.
149
00:09:40,213 --> 00:09:43,615
My brother and
sister-in-law foster children.
150
00:09:43,683 --> 00:09:45,777
Some of them have
stolen money from them,
151
00:09:45,852 --> 00:09:48,913
one attacked them,
but still they do it.
152
00:09:49,622 --> 00:09:52,091
It seems Mrs Hurst
can't give up on this child,
153
00:09:52,192 --> 00:09:53,820
in spite of all he's done.
154
00:09:53,893 --> 00:09:57,489
Well, I don't suppose she
can, not after losing her son.
155
00:09:58,898 --> 00:10:01,561
She crashed into
a builder's truck,
156
00:10:01,668 --> 00:10:04,968
and a scaffolding pole
went through the windscreen
157
00:10:05,071 --> 00:10:06,801
and killed her son.
158
00:10:10,410 --> 00:10:12,242
Mrs Channing, whilst
I don't want to turn this
159
00:10:12,345 --> 00:10:14,405
pre-trial hearing into a trial,
160
00:10:14,514 --> 00:10:16,881
there are some questions
that I would like answered.
161
00:10:16,983 --> 00:10:18,576
Is there anyone
here from the council?
162
00:10:18,651 --> 00:10:20,984
The case officer, Mrs Tredaway.
163
00:10:21,054 --> 00:10:22,682
Ah, yes. Would you mind?
164
00:10:25,024 --> 00:10:29,553
Mrs Tredaway, after Mr and Mrs
Hurst had established their suitability,
165
00:10:29,662 --> 00:10:32,131
how did you settle
on Paul Lawrence?
166
00:10:32,232 --> 00:10:34,963
Through a series of meetings.
167
00:10:35,068 --> 00:10:36,696
Yes, that's clear from the file.
168
00:10:36,769 --> 00:10:39,466
What I mean is how was
Paul Lawrence chosen?
169
00:10:39,973 --> 00:10:43,307
Well, Mr and Mrs Hurst met a
number of children around Paul's age.
170
00:10:43,376 --> 00:10:45,106
They wanted an older child.
171
00:10:45,178 --> 00:10:47,170
And was Paul receptive to them?
172
00:10:47,247 --> 00:10:49,273
No. He was rude.
173
00:10:50,016 --> 00:10:52,076
Mr Hurst wanted to reject him.
174
00:10:52,185 --> 00:10:53,983
But he changed his mind?
175
00:10:54,053 --> 00:10:58,923
I think Mrs Hurst persuaded him to take
on the child least likely to be adopted.
176
00:10:59,025 --> 00:11:00,025
Paul.
177
00:11:00,693 --> 00:11:04,323
Did you paint an overly
optimistic view of this boy?
178
00:11:05,098 --> 00:11:06,896
We didn't paint any.
179
00:11:06,966 --> 00:11:10,198
His actions said everything.
He was hostile from day one.
180
00:11:10,303 --> 00:11:12,135
All right, thank you.
181
00:11:13,373 --> 00:11:14,602
Mr Stafford Clark?
182
00:11:14,707 --> 00:11:17,609
Yes, there are some
questions, my lord.
183
00:11:18,344 --> 00:11:21,439
Mrs Tredaway, how
much information was given
184
00:11:21,548 --> 00:11:24,347
to Mrs Hurst and her former
husband about this boy?
185
00:11:24,417 --> 00:11:29,082
It's difficult to be precise.
Mostly, it was given verbally.
186
00:11:29,889 --> 00:11:33,053
Did anyone minute the meetings?
187
00:11:33,126 --> 00:11:34,992
That doesn't usually happen.
188
00:11:35,528 --> 00:11:38,259
Even though parents
are at their most
189
00:11:38,331 --> 00:11:41,563
emotionally vulnerable
on such occasions,
190
00:11:41,668 --> 00:11:44,502
you saw no reason
to keep a written note?
191
00:11:44,571 --> 00:11:47,063
No. We don't do it that way.
192
00:11:47,140 --> 00:11:50,235
So when you indicate
you fully informed Mrs Hurst
193
00:11:50,343 --> 00:11:53,609
as to the dangers
this boy posed,
194
00:11:53,713 --> 00:11:56,376
we only have your
word, Mrs Tredaway.
195
00:12:01,588 --> 00:12:02,647
Thank you.
196
00:12:02,755 --> 00:12:04,189
Mrs Channing.
197
00:12:05,892 --> 00:12:09,226
How long have you worked
in adoption, Mrs Tredaway?
198
00:12:09,295 --> 00:12:11,059
Eight years.
199
00:12:11,130 --> 00:12:14,100
How many adoptions have
you supervised in that time?
200
00:12:14,167 --> 00:12:15,658
About 300.
201
00:12:16,669 --> 00:12:19,662
Before Mr and Mrs
Hurst adopted Paul,
202
00:12:19,739 --> 00:12:23,005
were you certain they knew
what they were taking on?
203
00:12:24,143 --> 00:12:26,339
Mrs Hurst kept pushing for him.
204
00:12:27,747 --> 00:12:30,239
It was obvious Paul
was very vulnerable,
205
00:12:30,883 --> 00:12:35,617
but having begun the process of choosing
him, we felt we couldn't abandon him.
206
00:12:36,689 --> 00:12:40,421
The choosing process is
horrible. A sea of appealing faces.
207
00:12:41,327 --> 00:12:44,229
Were you warned by the
council that he might be difficult?
208
00:12:44,297 --> 00:12:45,765
Yes.
209
00:12:46,666 --> 00:12:49,226
We felt they almost
didn't want to place him.
210
00:12:49,302 --> 00:12:51,134
They seemed to be punishing him.
211
00:12:51,204 --> 00:12:53,105
What was your husband's view?
212
00:12:53,172 --> 00:12:55,801
He thought the council
was behaving shamefully.
213
00:12:57,110 --> 00:13:00,308
It was only after Paul came to
live with us that he had doubts.
214
00:13:00,380 --> 00:13:01,643
Before the adoption?
215
00:13:01,748 --> 00:13:05,685
Towards the end of the trial period.
He thought Paul was too disruptive
216
00:13:06,753 --> 00:13:08,585
and he needed all our attention.
217
00:13:09,222 --> 00:13:11,282
Why did you choose
him, Mrs Hurst?
218
00:13:13,259 --> 00:13:15,455
I've asked myself
that many times.
219
00:13:16,863 --> 00:13:19,128
I thought he deserved
a second chance.
220
00:13:20,099 --> 00:13:23,968
Well, no, not a second chance.
He'd never had a chance.
221
00:13:28,308 --> 00:13:29,708
Mr Stafford Clark.
222
00:13:31,778 --> 00:13:32,837
Mrs Hurst,
223
00:13:33,946 --> 00:13:37,883
at what point did you
invest emotionally in Paul?
224
00:13:37,984 --> 00:13:41,284
I'd met him about three times
when I knew he was the one.
225
00:13:42,755 --> 00:13:44,917
I felt strangely drawn to him.
226
00:13:45,024 --> 00:13:49,257
At any point in your approach
to Paul or during the trial period,
227
00:13:49,729 --> 00:13:54,667
did anyone from the council tell
you he posed a danger to your family?
228
00:13:54,734 --> 00:13:56,464
No, no one did.
229
00:13:57,970 --> 00:14:00,940
Isn't it true, Mrs Hurst, you were
warned again and again about the boy,
230
00:14:01,007 --> 00:14:02,737
but went ahead anyway?
231
00:14:02,809 --> 00:14:06,143
People were negative
and hurtful about Paul.
232
00:14:06,212 --> 00:14:08,613
Never once did they
say he was dangerous.
233
00:14:09,549 --> 00:14:13,884
Didn't Mrs Tredaway say to
you on your fifth visit with Paul,
234
00:14:13,986 --> 00:14:18,822
and I quote, "He could cause
your family a great deal of grief"?
235
00:14:20,393 --> 00:14:22,328
I don't recall her saying that.
236
00:14:23,663 --> 00:14:25,495
Perhaps you didn't want
to hear the warnings.
237
00:14:25,565 --> 00:14:28,296
I wanted to give
Paul a chance in life.
238
00:14:29,135 --> 00:14:31,627
They never seemed to
want him to have that.
239
00:14:33,806 --> 00:14:35,934
This is painful
for you, Mrs Hurst,
240
00:14:37,076 --> 00:14:41,104
but it's likely to get more
painful if it goes to a full hearing.
241
00:14:42,982 --> 00:14:45,679
Mr Stafford Clark, I am
going to allow the claimant
242
00:14:45,785 --> 00:14:48,152
limited access to
the council's database
243
00:14:48,221 --> 00:14:50,884
and I will have this matter
back here in one week.
244
00:14:50,990 --> 00:14:52,049
All rise.
245
00:14:54,060 --> 00:14:55,528
Go, tackle him.
246
00:14:57,430 --> 00:15:00,832
What makes a woman want to
take on the likes of Paul Lawrence?
247
00:15:01,868 --> 00:15:03,302
Isn't the argument about whether
248
00:15:03,369 --> 00:15:06,771
the report gave a more
optimistic picture than was true?
249
00:15:06,873 --> 00:15:09,775
The picture the council
painted wasn't that optimistic.
250
00:15:09,876 --> 00:15:11,105
Mmm.
251
00:15:11,177 --> 00:15:14,705
It could be that Vivienne Hurst
feels guilty about the loss of her son.
252
00:15:14,781 --> 00:15:18,240
She may have picked the most
difficult child to adopt to punish herself.
253
00:15:18,351 --> 00:15:20,445
She punished the
whole family then.
254
00:15:21,487 --> 00:15:24,423
Perhaps subconsciously
she wanted to destroy them all.
255
00:15:25,224 --> 00:15:28,524
- It's a very dangerous course to take.
- Mmm.
256
00:15:38,704 --> 00:15:40,764
How's your sabbatical going?
257
00:15:41,507 --> 00:15:43,533
I'm taking on Alan Ferns.
258
00:15:44,877 --> 00:15:47,346
You do know that I'm
hearing it, don't you?
259
00:15:48,848 --> 00:15:51,181
I can live with that if you can.
260
00:15:52,385 --> 00:15:56,186
Won't taking on more work
prejudice your chances with Michael?
261
00:15:58,558 --> 00:15:59,558
- Yes!
- Ah!
262
00:16:01,994 --> 00:16:03,986
Well done! Good shot!
263
00:16:06,332 --> 00:16:10,565
Jo, the CPS has asked me
to make Alan Ferns an offer,
264
00:16:10,670 --> 00:16:12,639
against my advice,
I have to say.
265
00:16:12,705 --> 00:16:15,470
They'll accept a plea of
guilty to manslaughter.
266
00:16:15,541 --> 00:16:17,567
Has the CCTV footage faded?
267
00:16:17,677 --> 00:16:20,545
No, nor has the
jury's dislike of nonces.
268
00:16:21,948 --> 00:16:23,814
I'll see what he says.
269
00:16:26,118 --> 00:16:29,213
Manslaughter should mean
another 15 years in prison.
270
00:16:29,288 --> 00:16:32,816
As your lawyer, I have to
advise you this is a good offer.
271
00:16:32,892 --> 00:16:35,191
Well, you know
what public feeling is.
272
00:16:35,394 --> 00:16:37,386
The Sun called Baylis a monster.
273
00:16:37,930 --> 00:16:39,330
So I think I'll take my chances
274
00:16:39,432 --> 00:16:42,459
with the ordinary men and
women on the jury, Mrs Mills.
275
00:16:42,869 --> 00:16:43,869
Thank you.
276
00:16:44,637 --> 00:16:45,969
Stand up, please.
277
00:16:47,139 --> 00:16:49,802
Alan Peter Ferns,
278
00:16:49,909 --> 00:16:53,937
to the charge of the
murder of Barry Baylis,
279
00:16:54,013 --> 00:16:56,778
how do you plead,
guilty or not guilty?
280
00:16:57,250 --> 00:16:58,377
Not guilty.
281
00:16:59,018 --> 00:17:00,350
Sit down.
282
00:17:03,022 --> 00:17:06,049
What exactly is your
defence, Mrs Mills?
283
00:17:06,158 --> 00:17:08,718
Prevention of crime, my
lord, a pre-emptive strike.
284
00:17:10,029 --> 00:17:11,657
I don't see how.
285
00:17:12,532 --> 00:17:17,937
The victim was in prison. I believe
there is CCTV footage of the entire act.
286
00:17:18,037 --> 00:17:21,872
Perhaps I should make the court
aware that the Crown has indicated
287
00:17:21,941 --> 00:17:24,911
that it might accept a
plea to a lesser alternative.
288
00:17:24,977 --> 00:17:26,878
Which my client won't accept.
289
00:17:27,947 --> 00:17:31,247
- You pointed out the advantages?
- He sees only disadvantages.
290
00:17:31,918 --> 00:17:32,977
Thank you.
291
00:17:34,120 --> 00:17:35,952
You realise that you
risk a life sentence
292
00:17:36,022 --> 00:17:38,150
if you're found guilty
of murder, Mr Ferns?
293
00:17:38,224 --> 00:17:39,556
Yes, I do, sir.
294
00:17:40,660 --> 00:17:43,129
If you run this, I am
going to have to tell the jury
295
00:17:43,229 --> 00:17:45,198
what the limitations
of such a defence are.
296
00:17:45,264 --> 00:17:47,824
Everyone has the right
to a defence, my lord.
297
00:17:48,634 --> 00:17:49,634
Thank you.
298
00:17:49,702 --> 00:17:51,762
Why don't you try
diminished responsibility?
299
00:17:51,871 --> 00:17:53,863
Mr Ferns knew what he was doing.
300
00:17:55,107 --> 00:17:59,306
Prevention of a crime can
only apply if the victim, Baylis,
301
00:18:00,112 --> 00:18:04,812
was threatening to kill or seriously
injure someone and that threat was real.
302
00:18:08,888 --> 00:18:10,982
That's the defence
we're running.
303
00:18:11,424 --> 00:18:13,484
Fine. Let's swear the jury.
304
00:18:16,028 --> 00:18:17,997
Alan Ferns, the defendant,
305
00:18:18,064 --> 00:18:21,626
killed Barry Baylis,
a security executive.
306
00:18:21,701 --> 00:18:25,433
This, ladies and gentlemen,
is an indisputable fact.
307
00:18:25,504 --> 00:18:28,872
The whole act was
captured on a CCTV camera
308
00:18:28,941 --> 00:18:32,673
in the prison where the deceased
man was serving a three-month sentence.
309
00:18:33,946 --> 00:18:36,415
The prosecution's contention
310
00:18:36,515 --> 00:18:40,179
is that the defendant, Alan
Ferns, planned this killing
311
00:18:40,252 --> 00:18:43,984
in the most cold and
calculating of ways.
312
00:18:44,991 --> 00:18:47,790
He didn't attack Baylis
in the heat of the moment.
313
00:18:48,728 --> 00:18:51,129
It was entirely premeditated.
314
00:18:52,932 --> 00:18:54,491
With your leave, my lord,
315
00:18:54,600 --> 00:18:56,440
I'd like to make an
opening address to the jury
316
00:18:56,502 --> 00:18:58,903
to explain the
issues at the outset.
317
00:18:58,971 --> 00:19:04,968
This is not usual, Mrs Mills, but I'll
allow it in these unusual circumstances.
318
00:19:07,947 --> 00:19:09,643
At the time of the killing,
319
00:19:09,749 --> 00:19:13,413
Mr Ferns was at the end of a
seven-year prison sentence for assault.
320
00:19:13,953 --> 00:19:17,412
He'd taken the law into his own
hands and attacked a paedophile.
321
00:19:18,090 --> 00:19:21,356
This was a crime for which
Mr Ferns freely admitted guilt,
322
00:19:21,427 --> 00:19:22,986
though he'd shown no remorse,
323
00:19:23,062 --> 00:19:26,499
which was why he served all of
the seven years of his sentence.
324
00:19:27,533 --> 00:19:29,934
Mr Ferns only had
one day left to serve.
325
00:19:30,503 --> 00:19:32,233
One day before his release.
326
00:19:33,939 --> 00:19:35,737
I'm telling you this,
ladies and gentlemen,
327
00:19:35,841 --> 00:19:38,208
because I want you to know
what was at stake for Mr Ferns
328
00:19:38,310 --> 00:19:41,576
when he felt compelled
to kill Mr Baylis.
329
00:19:42,915 --> 00:19:47,615
What is at issue here is whether
or not he was justified in doing this.
330
00:19:48,521 --> 00:19:52,458
Mr Baylis had been given only
a three-month prison sentence
331
00:19:52,558 --> 00:19:55,858
because he failed to produce
the hard drive of his computer
332
00:19:55,961 --> 00:19:59,090
during his trial for sexual
abuse of a nine-year-old.
333
00:20:00,433 --> 00:20:05,098
In the past five years, Baylis had
been arrested no less than eight times
334
00:20:05,171 --> 00:20:07,106
for offences against children.
335
00:20:07,440 --> 00:20:10,467
On each occasion, he
had evaded prosecution.
336
00:20:11,610 --> 00:20:14,375
Nothing, it seemed,
would stop Mr Baylis
337
00:20:14,480 --> 00:20:17,848
in his pathological
pursuit of young children.
338
00:20:17,950 --> 00:20:20,943
Not the police, the courts,
339
00:20:21,020 --> 00:20:24,388
nor the ludicrously short
prison sentence he had received.
340
00:20:25,624 --> 00:20:27,684
Mr Ferns acted as he did
341
00:20:29,061 --> 00:20:31,394
to prevent others
being preyed upon.
342
00:20:32,331 --> 00:20:33,331
Come on in.
343
00:20:40,673 --> 00:20:43,108
You've got some news for me
about Michael's alleged father?
344
00:20:43,175 --> 00:20:44,302
Yeah.
345
00:20:46,078 --> 00:20:48,604
His DNA test was positive.
346
00:20:51,517 --> 00:20:54,214
And now I'm supposed to
bow out of Michael's life?
347
00:20:54,320 --> 00:20:56,448
Well, Michael
should meet him first.
348
00:20:57,490 --> 00:20:58,685
How long is he here?
349
00:20:58,791 --> 00:21:01,158
I think that depends on
how Michael responds to him.
350
00:21:01,227 --> 00:21:03,924
- If he doesn't like him?
- I suspect he'll leave.
351
00:21:06,665 --> 00:21:08,395
Does he have a family?
352
00:21:08,467 --> 00:21:11,699
Two teenage sons. They
live with him in Cape Town.
353
00:21:12,505 --> 00:21:17,534
He's called Marc Thompson, 46,
divorced, cardiovascular surgeon.
354
00:21:19,311 --> 00:21:21,871
Would you like me to broach
the subject with Michael?
355
00:21:21,947 --> 00:21:24,644
I'd like to meet Mr Thompson
first. Give him my number.
356
00:21:28,420 --> 00:21:30,548
How's it looking
for Paul Lawrence?
357
00:21:30,856 --> 00:21:32,188
Not good.
358
00:21:33,592 --> 00:21:35,390
His adoptive mother claims
359
00:21:35,461 --> 00:21:38,625
that the council failed
to disclose his full history.
360
00:21:38,697 --> 00:21:42,293
Well, they're arguing
that the teacher consented.
361
00:21:43,068 --> 00:21:45,037
I don't see it myself.
362
00:21:46,105 --> 00:21:48,074
Mrs Hurst given evidence?
363
00:21:48,140 --> 00:21:50,132
You know, she's
in court every day.
364
00:21:50,242 --> 00:21:54,111
You know, I really don't see
why anyone would take this boy.
365
00:21:54,914 --> 00:21:58,248
He's 13, John, he
scares me half to death.
366
00:21:58,984 --> 00:22:01,510
- Would you mind if I sat in?
- No, by all means.
367
00:22:02,755 --> 00:22:04,417
Your legal position is not good.
368
00:22:04,490 --> 00:22:06,550
Michael's father could
fight you for custody.
369
00:22:06,625 --> 00:22:08,787
The Judge is going to be
delayed by about half an hour.
370
00:22:08,861 --> 00:22:11,797
- I'll come and find you when he's ready.
- Thank you.
371
00:22:12,398 --> 00:22:14,333
- Tea?
- Yeah, go on.
372
00:22:18,170 --> 00:22:19,770
Paul Lawrence had
been in and out of care
373
00:22:19,839 --> 00:22:22,331
since his grandmother's death
when he was three years old.
374
00:22:22,441 --> 00:22:24,376
How did Paul's grandmother die?
375
00:22:24,743 --> 00:22:27,804
She was murdered by another drug
addict who tried to steal her drugs.
376
00:22:27,913 --> 00:22:30,382
What effect do you think
this might have had on Paul?
377
00:22:30,482 --> 00:22:34,146
My lord, this witness is
not qualified to answer that.
378
00:22:34,220 --> 00:22:37,384
I'd like to hear his
answer all the same.
379
00:22:37,456 --> 00:22:40,824
I'd say that was probably the start
of all his violent anti-social behaviour.
380
00:22:40,893 --> 00:22:44,660
What evidence is there of
this anti-social behaviour?
381
00:22:45,331 --> 00:22:47,596
He was uncontrollable at school.
382
00:22:48,400 --> 00:22:51,427
He displayed sexually
predatory behaviour both there
383
00:22:51,503 --> 00:22:53,904
and to female members
of foster parents' families.
384
00:22:53,973 --> 00:22:56,306
There's no reference to
this in the council's reports.
385
00:22:56,375 --> 00:22:58,674
I certainly told
colleagues about him.
386
00:22:59,378 --> 00:23:03,543
If this boy was as dangerous as
you say, why would anyone adopt him?
387
00:23:04,183 --> 00:23:06,550
I think his parents
were terribly brave.
388
00:23:08,821 --> 00:23:12,053
- I'm looking for Mrs Mills.
- She's there.
389
00:23:12,157 --> 00:23:13,625
All right. Thanks.
390
00:23:13,692 --> 00:23:15,661
They haven't gone awry yet, Jo.
391
00:23:16,962 --> 00:23:20,126
Sitting as a circuit judge
would stabilise your life.
392
00:23:20,232 --> 00:23:21,928
I'm not saying it
would help much.
393
00:23:22,034 --> 00:23:24,833
Excuse me. Mrs Mills?
I'm Marc Thompson.
394
00:23:25,504 --> 00:23:28,668
Em, Mrs Tredaway from the
council said I should contact you.
395
00:23:28,741 --> 00:23:30,369
I did telephone your clerk.
396
00:23:30,476 --> 00:23:33,674
Who told you I'm in the middle
of a murder trial. Excuse me.
397
00:23:43,722 --> 00:23:46,658
Jo, it's not for
me to interfere...
398
00:23:46,759 --> 00:23:49,194
- He's Michael's father.
- I guessed as much.
399
00:23:50,596 --> 00:23:52,895
How long will you
be able to avoid him?
400
00:23:55,134 --> 00:23:56,864
I know, it's stupid of me.
401
00:24:03,108 --> 00:24:04,576
Mr Thompson?
402
00:24:07,112 --> 00:24:09,672
I must apologise for
my behaviour. I'm sorry.
403
00:24:10,182 --> 00:24:12,083
Well, it must have
been a big shock.
404
00:24:12,151 --> 00:24:13,151
Well...
405
00:24:14,520 --> 00:24:16,352
Would you like a cup of tea?
406
00:24:17,456 --> 00:24:18,981
If it won't make you late.
407
00:24:19,058 --> 00:24:20,686
We haven't started yet.
408
00:24:26,598 --> 00:24:28,726
Michael's doing
very well at school.
409
00:24:28,834 --> 00:24:32,862
Yes, the social services
told me he's very bright.
410
00:24:36,108 --> 00:24:39,101
- I've grown very fond of him.
- Yes, I can see that.
411
00:24:40,913 --> 00:24:42,939
Perhaps I should
leave well alone.
412
00:24:43,015 --> 00:24:45,780
You're his father.
He has to know.
413
00:24:49,221 --> 00:24:51,554
His mother made no
attempt to contact me.
414
00:24:51,623 --> 00:24:54,593
- Did she know where you were?
- I wasn't hard to find.
415
00:24:54,793 --> 00:24:56,762
Perhaps because
you were married?
416
00:25:01,934 --> 00:25:03,926
She and Michael were very close.
417
00:25:08,340 --> 00:25:11,310
Do you think that my
being here will upset him?
418
00:25:11,377 --> 00:25:13,221
When you've lost the person
who was the centre of your life,
419
00:25:13,245 --> 00:25:15,077
breathing upsets you.
420
00:25:16,515 --> 00:25:20,350
What we have to assess is what's
in Michael's best long-term interests.
421
00:25:20,419 --> 00:25:22,388
Have you reached any conclusion?
422
00:25:25,924 --> 00:25:27,790
I think he ought to
at least meet you.
423
00:25:30,496 --> 00:25:33,261
Mr Sweeney, during
the course of your duties,
424
00:25:33,365 --> 00:25:35,994
had you been able to
get close to Alan Ferns?
425
00:25:36,068 --> 00:25:37,934
Yes. He was quite friendly.
426
00:25:38,037 --> 00:25:39,247
Why didn't you come and get me?
427
00:25:39,271 --> 00:25:42,469
Clive did. He said you
were deep in conversation.
428
00:25:44,143 --> 00:25:46,374
What was the
defendant's state of mind
429
00:25:46,478 --> 00:25:48,970
prior to the death of Mr Baylis?
430
00:25:49,081 --> 00:25:51,346
Perfectly calm. Lucid.
431
00:25:51,417 --> 00:25:54,512
We'd been talking about his
second degree he'd just got.
432
00:25:54,820 --> 00:25:57,756
Was he agitated or emotional?
433
00:25:57,823 --> 00:26:01,282
No. He was calm, looking
forward to his release.
434
00:26:02,561 --> 00:26:04,223
Thank you, Mr Sweeney.
435
00:26:09,268 --> 00:26:11,635
Did he talk about what
he'd do after his release?
436
00:26:11,703 --> 00:26:14,571
He was going to work
for the charity he'd started.
437
00:26:14,673 --> 00:26:17,666
Did you know what Mr Ferns
was serving his sentence for?
438
00:26:17,743 --> 00:26:19,507
Beating up a paedophile.
439
00:26:19,578 --> 00:26:22,878
Was it sensible letting a
paedophile near Mr Ferns?
440
00:26:22,948 --> 00:26:26,976
My lord, the allegations against the
victim in this case were never proven.
441
00:26:27,086 --> 00:26:31,581
For all we know, Mr Baylis was never
successfully prosecuted for child abuse
442
00:26:31,657 --> 00:26:33,626
because he was wholly innocent.
443
00:26:33,759 --> 00:26:36,194
Remind us what Mr
Baylis' sentence was.
444
00:26:37,429 --> 00:26:38,429
Er...
445
00:26:39,431 --> 00:26:40,660
Three months, my lord.
446
00:26:40,766 --> 00:26:42,997
- Thank you.
- For perverting the course of justice.
447
00:26:43,068 --> 00:26:45,867
The main case
against him collapsed.
448
00:26:47,272 --> 00:26:52,267
Mrs Mills is free to speculate on
whether or not Baylis was a paedophile.
449
00:26:52,344 --> 00:26:56,907
But since he was never convicted,
it remains only speculation.
450
00:26:57,883 --> 00:26:58,942
Mrs Mills.
451
00:27:00,552 --> 00:27:03,920
Did Mr Ferns comment on the
puny sentence Baylis received?
452
00:27:03,989 --> 00:27:06,356
He was outraged. We all were.
453
00:27:06,425 --> 00:27:09,224
Did the defendant make
any threats about Mr Baylis?
454
00:27:09,294 --> 00:27:11,388
He said someone
ought to top him.
455
00:27:11,463 --> 00:27:13,955
Did he seem fearful of
Baylis getting out of prison?
456
00:27:14,032 --> 00:27:16,024
He was pretty wound up about it.
457
00:27:16,201 --> 00:27:20,002
He'd got a lot of information about
what Baylis had done to children.
458
00:27:20,739 --> 00:27:23,174
Did he ever speak
about his own childhood?
459
00:27:23,509 --> 00:27:24,875
Not really.
460
00:27:25,511 --> 00:27:29,380
Word was he'd been sexually
abused by his mother's boyfriend.
461
00:27:31,150 --> 00:27:34,120
Were you surprised at
Mr Ferns killing Mr Baylis?
462
00:27:34,319 --> 00:27:35,548
I can't say I was.
463
00:27:35,621 --> 00:27:37,715
Despite it being the
day before his release?
464
00:27:37,789 --> 00:27:40,224
He believed Baylis and
his kind had to be stopped.
465
00:27:40,325 --> 00:27:42,817
Stopped from abusing children.
466
00:27:42,895 --> 00:27:43,988
My lord.
467
00:27:45,464 --> 00:27:48,559
Mrs Mills, would you care
to rephrase your statement?
468
00:27:48,634 --> 00:27:50,330
No, I don't think I would.
469
00:27:56,842 --> 00:28:00,279
I would like you to disregard
defence counsel's last statement.
470
00:28:00,946 --> 00:28:04,348
It is incumbent upon
counsel to ask questions,
471
00:28:04,416 --> 00:28:06,214
not make statements.
472
00:28:13,025 --> 00:28:15,585
Do you ever think about
your father, Michael?
473
00:28:17,563 --> 00:28:20,499
Sometimes, when the
other dads come to school.
474
00:28:24,536 --> 00:28:26,596
Do you wonder what he's like?
475
00:28:26,672 --> 00:28:28,538
I don't have a father.
476
00:28:34,079 --> 00:28:35,911
I met him today.
477
00:28:35,981 --> 00:28:37,176
He's very nice.
478
00:28:38,617 --> 00:28:41,883
He's been living in South
Africa. He didn't know about you.
479
00:28:42,821 --> 00:28:45,222
Mum said I don't.
480
00:28:45,958 --> 00:28:49,360
Well, perhaps she didn't tell you
because she wasn't sure of him.
481
00:28:53,699 --> 00:28:55,964
I've got to do cello practice.
482
00:29:08,380 --> 00:29:10,178
Michael, can we talk?
483
00:29:12,117 --> 00:29:14,416
- I have to practise.
- You can practise later.
484
00:29:14,519 --> 00:29:16,181
I have to do my homework.
485
00:29:23,028 --> 00:29:27,056
Sweetheart, sometimes
grown-ups don't tell children things
486
00:29:27,165 --> 00:29:29,566
because they want
to protect them.
487
00:29:29,635 --> 00:29:31,467
Why didn't he come and get me?
488
00:29:32,404 --> 00:29:34,873
He didn't know anything
about you till now.
489
00:29:34,940 --> 00:29:36,636
Do I have to go with him?
490
00:29:37,276 --> 00:29:38,938
Would you like to meet him?
491
00:29:39,044 --> 00:29:41,946
- No. I don't like him.
- On what evidence?
492
00:29:42,047 --> 00:29:44,692
If you're going to be a barrister, you
have to learn to assess the evidence.
493
00:29:44,716 --> 00:29:46,685
I don't want to be a barrister.
494
00:29:47,586 --> 00:29:49,316
I don't blame you.
495
00:30:06,705 --> 00:30:08,037
What's his name?
496
00:30:09,274 --> 00:30:10,503
Is it curiosity
497
00:30:11,510 --> 00:30:13,240
or are you assembling evidence?
498
00:30:17,349 --> 00:30:19,477
It's Marc Thompson.
He's a surgeon.
499
00:30:19,551 --> 00:30:22,988
- But I'm not called Thompson.
- No, you've got your mum's name.
500
00:30:23,522 --> 00:30:24,922
He seems very nice.
501
00:30:25,624 --> 00:30:27,058
Will you marry him?
502
00:30:28,427 --> 00:30:31,420
That might solve problems
for you. It wouldn't for me.
503
00:30:33,865 --> 00:30:35,629
Because you love the Judge?
504
00:30:36,868 --> 00:30:38,097
Maybe.
505
00:30:40,038 --> 00:30:42,439
We could meet your
dad somewhere for tea.
506
00:30:43,842 --> 00:30:46,243
Sergeant Martin,
were you the detective
507
00:30:46,311 --> 00:30:50,043
who led the investigation
into the murder of Mr Baylis?
508
00:30:50,115 --> 00:30:52,949
Yes. It was an
open-and-shut case.
509
00:30:53,018 --> 00:30:55,749
The whole thing was acted
out on a CCTV camera.
510
00:30:55,821 --> 00:30:57,551
Can we see that, Mr Usher?
511
00:30:59,524 --> 00:31:02,926
Some of you may find this
disturbing, ladies and gentlemen.
512
00:31:33,825 --> 00:31:38,456
Is this the tape that was removed
from the camera following the killing?
513
00:31:38,563 --> 00:31:41,032
- Yes, it is.
- Thank you.
514
00:31:43,802 --> 00:31:46,237
Was the victim known
to the police, Sergeant?
515
00:31:46,304 --> 00:31:49,468
He had been under
investigation a number of times.
516
00:31:49,541 --> 00:31:53,273
Isn't it true that he'd been in
court no less than eight times
517
00:31:53,345 --> 00:31:56,577
- for indecent assaults on children?
- Yes, he was.
518
00:31:57,182 --> 00:32:00,414
- My lord...
- Each time he managed to escape justice.
519
00:32:00,519 --> 00:32:01,543
Really, my lord.
520
00:32:01,620 --> 00:32:04,556
Yes, all right. Mrs Mills,
this is not a proper line.
521
00:32:04,623 --> 00:32:06,990
The victim of Mr Ferns'
attack is not on trial.
522
00:32:07,058 --> 00:32:09,425
No, my lord, that's the whole
point. He should have been.
523
00:32:09,528 --> 00:32:12,039
If it wasn't for his escaping
justice, my client wouldn't be here.
524
00:32:12,063 --> 00:32:13,827
Mrs Mills, enough.
525
00:32:15,000 --> 00:32:17,231
Now, I take it you
have no more questions.
526
00:32:18,804 --> 00:32:19,999
No, my lord.
527
00:32:20,806 --> 00:32:22,502
Mr Norwalk, do you
want to come back?
528
00:32:22,607 --> 00:32:24,235
No. Thank you, my lord.
529
00:32:24,643 --> 00:32:26,354
Thank you, Detective
Sergeant. You can step down.
530
00:32:26,378 --> 00:32:27,471
Thank you.
531
00:32:29,981 --> 00:32:32,610
The Crown would like
to call Dr Margot Lupton.
532
00:32:33,785 --> 00:32:37,347
Dr Lupton is a clinical psychologist
who examined the defendant
533
00:32:37,422 --> 00:32:41,917
prior to and subsequent
to his killing Mr Baylis.
534
00:32:42,627 --> 00:32:45,529
Over what period did you
examine the defendant?
535
00:32:46,398 --> 00:32:48,162
On and off over four years.
536
00:32:48,233 --> 00:32:50,293
And did you reach
any conclusions?
537
00:32:51,203 --> 00:32:57,268
Mr Ferns is intelligent, articulate,
capable of grasping abstract concepts.
538
00:32:58,443 --> 00:33:02,039
He's highly opinionated,
somewhat bigoted,
539
00:33:02,113 --> 00:33:05,140
has a strong need
to always be right.
540
00:33:05,250 --> 00:33:08,277
And did you describe
him in one of your reports
541
00:33:08,353 --> 00:33:12,154
as having a pathological
need for revenge?
542
00:33:12,557 --> 00:33:14,423
Yes, I did observe that.
543
00:33:14,526 --> 00:33:17,428
And what was the
basis of this observation?
544
00:33:17,963 --> 00:33:21,491
He was serially sexually
abused as a child and as a result
545
00:33:21,600 --> 00:33:25,560
feels he has an absolute right to
inflict punishment on paedophiles.
546
00:33:25,637 --> 00:33:29,938
And would this justification
have extended to Barry Baylis?
547
00:33:30,041 --> 00:33:32,738
Mr Baylis would have
fitted entirely the model
548
00:33:32,844 --> 00:33:35,245
Alan Ferns needed
to avenge himself on.
549
00:33:35,981 --> 00:33:39,179
Even though he had not
been convicted of child abuse?
550
00:33:39,651 --> 00:33:42,883
Well, that in a sense made
him a more suitable target.
551
00:33:42,954 --> 00:33:48,621
In Mr Ferns' eyes, the law had
failed to punish Baylis, so he had to.
552
00:33:50,161 --> 00:33:51,459
Thank you.
553
00:33:55,367 --> 00:33:57,461
You don't like Mr Ferns.
554
00:33:58,069 --> 00:33:59,799
I don't think that's true.
555
00:34:00,372 --> 00:34:03,536
Well, then look at
item 37 in your bundle,
556
00:34:03,642 --> 00:34:07,170
your report on Mr Ferns
over a four-year period.
557
00:34:09,881 --> 00:34:13,045
"An arrogant egoist who
always has to have the last word."
558
00:34:14,085 --> 00:34:16,281
It's true. That's how he is.
559
00:34:16,788 --> 00:34:20,589
"Always using his intellect to
belittle me in group sessions."
560
00:34:21,326 --> 00:34:22,658
He does do that.
561
00:34:23,361 --> 00:34:24,939
Isn't it true that
Alan Ferns' intellect
562
00:34:24,963 --> 00:34:28,195
put him and you on a
dangerous collision course?
563
00:34:28,266 --> 00:34:32,101
I think he uses his intellect
to mask the pain he's feeling.
564
00:34:32,203 --> 00:34:34,638
Did he ever talk about
the pain he was feeling?
565
00:34:34,706 --> 00:34:37,266
Not really. It was
too deeply buried.
566
00:34:37,342 --> 00:34:40,471
Could it be that he had worked
through that pain and overcome it?
567
00:34:40,545 --> 00:34:42,104
I don't think he did.
568
00:34:42,781 --> 00:34:45,751
The pain merely
manifested itself in fantasy.
569
00:34:46,551 --> 00:34:49,111
He would act out those fantasies
570
00:34:49,187 --> 00:34:53,022
through his Mr Right personality,
correcting injustices in the world.
571
00:34:53,925 --> 00:34:57,020
Killing Mr Baylis was
part of that fantasy.
572
00:34:57,596 --> 00:35:00,430
He did so with premeditation
573
00:35:00,532 --> 00:35:03,969
in the clear belief that
he was right to do so.
574
00:35:04,436 --> 00:35:07,235
This is a man who,
despite his background,
575
00:35:07,305 --> 00:35:08,739
managed to study and get
576
00:35:08,840 --> 00:35:11,400
two first-class law
degrees whilst in prison.
577
00:35:11,676 --> 00:35:14,236
Is that indicative of someone
who hasn't overcome
578
00:35:14,312 --> 00:35:17,043
the incapacitating
traumas of his childhood?
579
00:35:17,716 --> 00:35:20,515
It is my belief that
he'd overcome little
580
00:35:20,986 --> 00:35:24,889
because he still harbours vengeful
feelings towards paedophiles.
581
00:35:24,956 --> 00:35:29,951
Could he not have been so overwhelmed
by a sense of injustice that he had to act
582
00:35:30,028 --> 00:35:33,863
because he thought the man so
dangerous he had to be stopped?
583
00:35:34,833 --> 00:35:37,359
That is a delusion
he operated under.
584
00:35:38,370 --> 00:35:39,770
"I am right."
585
00:35:40,205 --> 00:35:42,834
Isn't that what you're
doing with your opinion?
586
00:35:43,908 --> 00:35:46,742
Mrs Mills, Dr Lupton
is an expert witness.
587
00:35:47,512 --> 00:35:50,949
Her observations are given based
on her qualifications and experience.
588
00:35:51,049 --> 00:35:53,848
Yes, formed as a result
of a personality clash
589
00:35:53,918 --> 00:35:56,080
where she wanted
to appear superior.
590
00:35:59,224 --> 00:36:01,090
Mrs Mills, the
Judge wants a word.
591
00:36:01,159 --> 00:36:03,424
- Me too, Mrs Cooper?
- No, just Mrs Mills.
592
00:36:03,528 --> 00:36:05,539
I can't. I'm rushing to meet
Michael's father with Michael.
593
00:36:05,563 --> 00:36:07,327
I can't be late. I'm sorry.
594
00:36:10,802 --> 00:36:12,168
Michael's father?
595
00:36:13,071 --> 00:36:15,199
Is he the dark-haired man
who was with her in court?
596
00:36:15,273 --> 00:36:16,935
I didn't notice him, Judge.
597
00:36:17,042 --> 00:36:18,908
No, he's not very noticeable.
598
00:36:20,879 --> 00:36:22,848
Do you want Mrs
Hurst back tomorrow?
599
00:36:23,882 --> 00:36:27,046
Yes, please. Would you
tell the parties involved?
600
00:36:34,125 --> 00:36:36,594
He's got two children.
They live in Cape Town.
601
00:36:36,661 --> 00:36:38,027
How nice.
602
00:36:38,129 --> 00:36:41,429
Now I don't know much about Cape
Town, but he seems terribly nice.
603
00:36:41,533 --> 00:36:45,026
- What if he doesn't like me?
- It's not possible, Michael.
604
00:36:45,103 --> 00:36:48,039
- How do you know?
- Some things you just know.
605
00:36:48,106 --> 00:36:50,803
On the other hand,
you might not like him.
606
00:36:51,209 --> 00:36:52,802
In which case, we'll run.
607
00:37:00,885 --> 00:37:02,877
Thank you. Thanks.
608
00:37:04,122 --> 00:37:05,666
Right, you're sure you
don't want tea, Michael?
609
00:37:05,690 --> 00:37:07,784
- That's okay.
- He does tend to drink water.
610
00:37:07,892 --> 00:37:10,225
It's fine. I want water.
611
00:37:10,328 --> 00:37:11,421
Okay.
612
00:37:12,597 --> 00:37:14,429
Oh, well, can you
manage the top?
613
00:37:14,532 --> 00:37:16,558
- Yeah.
- Okay. Yeah. Thanks.
614
00:37:20,672 --> 00:37:21,765
Thank you.
615
00:37:23,441 --> 00:37:24,500
What's your best subject?
616
00:37:24,609 --> 00:37:25,872
I like maths best.
617
00:37:25,944 --> 00:37:28,436
Oh, well, that was
my favourite subject.
618
00:37:29,214 --> 00:37:30,842
Was it your best?
619
00:37:31,983 --> 00:37:35,476
No. No, physics
was my best subject.
620
00:37:35,887 --> 00:37:39,085
We don't do physics
until the big school.
621
00:37:39,724 --> 00:37:42,125
Well, maybe I didn't
till my big school.
622
00:37:43,928 --> 00:37:47,194
- Why did you become a surgeon?
- I'm not sure.
623
00:37:47,766 --> 00:37:49,530
I hated dissection at school.
624
00:37:49,601 --> 00:37:51,593
Always thought it was
cruel and pointless.
625
00:37:51,669 --> 00:37:52,967
So did I.
626
00:37:53,404 --> 00:37:56,431
I ran out of class when
they started cutting up frogs.
627
00:37:56,508 --> 00:37:57,874
Did they use real animals?
628
00:37:57,942 --> 00:37:59,604
Oh, yeah, that's what they were.
629
00:37:59,677 --> 00:38:01,043
What did your teacher say?
630
00:38:01,112 --> 00:38:03,980
I made such a fuss, they
stopped using the animals.
631
00:38:04,082 --> 00:38:07,314
Good for you. I like people
who stand up for their beliefs.
632
00:38:08,586 --> 00:38:11,920
Mum and I went on a protest
march against hospital cuts.
633
00:38:11,990 --> 00:38:13,754
Was Mum active politically?
634
00:38:14,492 --> 00:38:17,360
- I don't know.
- But you went on demonstrations?
635
00:38:17,428 --> 00:38:18,794
Sometimes we did.
636
00:38:19,764 --> 00:38:21,733
Did you do everything together?
637
00:38:23,768 --> 00:38:25,293
I don't like this.
638
00:38:25,403 --> 00:38:28,237
- Would you like something else?
- No, it's all right.
639
00:38:28,306 --> 00:38:31,105
- You don't have to be so polite.
- I know I don't.
640
00:38:34,813 --> 00:38:36,805
You're very forthright, Michael.
641
00:38:37,248 --> 00:38:39,183
Is that good or bad?
642
00:38:39,851 --> 00:38:43,151
I'd... I'd say it
was good, mostly.
643
00:38:54,999 --> 00:38:56,194
Under water?
644
00:38:57,969 --> 00:39:00,097
I'm just gonna... I'll see
you in a minute, okay?
645
00:39:00,205 --> 00:39:01,400
Yeah.
646
00:39:10,415 --> 00:39:12,316
- He is bright.
- Mmm-hmm.
647
00:39:12,383 --> 00:39:15,046
- He'll make a great barrister.
- Oh, is that what he wants to do?
648
00:39:15,119 --> 00:39:17,554
He talked about it
when his mum was alive.
649
00:39:18,723 --> 00:39:20,157
Did she suffer much?
650
00:39:21,092 --> 00:39:23,027
She didn't complain if she did.
651
00:39:26,664 --> 00:39:28,963
You're very coping,
taking on Michael.
652
00:39:29,534 --> 00:39:32,299
It's not hard to see why
you've grown so fond of him.
653
00:39:33,071 --> 00:39:36,041
I wish Mimi was here.
It's more fun with her.
654
00:39:36,975 --> 00:39:38,603
Why? Who's Mimi? Your daughter?
655
00:39:38,676 --> 00:39:41,510
No. She's a dog. She
belongs to the Judge.
656
00:39:43,314 --> 00:39:44,976
Is he someone special?
657
00:39:45,083 --> 00:39:46,779
He was my pupil master.
658
00:39:47,585 --> 00:39:49,554
Is there something between you?
659
00:39:50,989 --> 00:39:54,517
You said Michael was quite
forthright. So are you, Marc.
660
00:40:17,649 --> 00:40:19,174
Night-night, Michael.
661
00:40:30,028 --> 00:40:32,224
He went right back to sleep.
662
00:40:39,237 --> 00:40:41,832
Thank you for making
our meeting so enjoyable.
663
00:40:42,006 --> 00:40:46,637
Well, I expected it to take place in
the council offices, with time running out,
664
00:40:46,711 --> 00:40:50,307
and Michael having got no
impression of me or me of him.
665
00:40:50,415 --> 00:40:52,577
What impression do you have?
666
00:40:57,655 --> 00:41:00,523
When I went to pay
the bill at the hotel,
667
00:41:00,591 --> 00:41:02,219
I watched you together.
668
00:41:03,161 --> 00:41:07,189
And you were so caught up in your world,
I thought I could never find a way in.
669
00:41:07,265 --> 00:41:09,234
I should have just left.
670
00:41:10,468 --> 00:41:12,437
It might be hard to now.
671
00:41:14,772 --> 00:41:17,298
Why didn't you make
things work for Diana Hulsey?
672
00:41:17,408 --> 00:41:19,434
She badly needed someone.
673
00:41:23,047 --> 00:41:24,310
I was...
674
00:41:25,817 --> 00:41:28,582
I was struggling with my
own marriage at the time.
675
00:41:29,687 --> 00:41:33,954
And just as you think you've
turned one corner in your life,
676
00:41:34,993 --> 00:41:37,326
you realise what
corners you've missed.
677
00:41:40,231 --> 00:41:41,756
I'd better go.
678
00:41:42,467 --> 00:41:44,060
Are you coming back?
679
00:41:45,636 --> 00:41:47,366
Do you want me to?
680
00:41:50,575 --> 00:41:53,409
It'll be hurtful for
Michael if you don't.
681
00:41:54,545 --> 00:41:55,808
Can we have lunch tomorrow?
682
00:41:55,880 --> 00:41:58,941
- Be a sandwich at court.
- Can I watch you again?
683
00:41:59,017 --> 00:42:00,280
It's a public court.
684
00:42:04,922 --> 00:42:06,914
Mrs Mills, the Judge
is going to be late.
685
00:42:06,991 --> 00:42:09,859
- He's got something else on the list.
- Thank you, Mrs Cooper.
686
00:42:09,961 --> 00:42:13,227
He'd like you and Mr Norwalk to
join him for lunch at the lodgings.
687
00:42:13,297 --> 00:42:16,699
Oh, I'm sorry, I have a lunch
date with Michael's father.
688
00:42:16,801 --> 00:42:18,292
I'll tell him.
689
00:42:22,540 --> 00:42:23,906
All rise.
690
00:42:30,114 --> 00:42:32,481
Mr Stafford Clark,
691
00:42:32,550 --> 00:42:36,317
did the council's database
reveal anything interesting?
692
00:42:36,387 --> 00:42:38,822
Well, we didn't
find a smoking gun.
693
00:42:39,724 --> 00:42:42,455
But we still argue
that Mrs Hurst
694
00:42:42,560 --> 00:42:46,395
was not told the full extent
of her son's background.
695
00:42:46,464 --> 00:42:48,695
My lord, this is not a
sustainable position.
696
00:42:48,800 --> 00:42:51,292
The fact is the council
revealed all that was necessary.
697
00:42:51,402 --> 00:42:55,897
Mrs Channing, when a child as damaged
as Paul Lawrence is put up for adoption,
698
00:42:56,007 --> 00:42:59,239
the council should
be as open as it can be
699
00:42:59,310 --> 00:43:03,475
in reporting to prospective
parents the details of his personality.
700
00:43:04,582 --> 00:43:06,175
Mr Stafford Clark.
701
00:43:06,284 --> 00:43:12,155
It is our contention that the council
negligently withheld information.
702
00:43:12,223 --> 00:43:18,390
Telling a parent that her son is a
liar, a thief and a potential rapist
703
00:43:18,463 --> 00:43:20,762
is a very different matter
from telling a stranger.
704
00:43:20,832 --> 00:43:24,633
The stranger's judgement
would obviously be harsher.
705
00:43:25,303 --> 00:43:27,704
By the time Mrs
Hurst had received
706
00:43:27,805 --> 00:43:30,832
the majority of the
information on Paul Lawrence,
707
00:43:30,908 --> 00:43:35,642
she had formed such a bond with
him as to be his de facto parent.
708
00:43:36,581 --> 00:43:41,212
This was brought about by
deception on the part of Mrs Tredaway.
709
00:43:43,988 --> 00:43:47,425
To call releasing information
piecemeal a deception
710
00:43:47,525 --> 00:43:49,790
is both emotive and unhelpful.
711
00:43:50,595 --> 00:43:54,362
The first duty the council has is
to protect the child up for adoption.
712
00:43:55,066 --> 00:43:57,501
When two adults wish to adopt,
713
00:43:57,602 --> 00:44:00,436
the council helps
them decide on a child.
714
00:44:00,505 --> 00:44:04,909
In this particular case, the parents
were steered away from Paul Lawrence.
715
00:44:05,009 --> 00:44:08,946
To quote Lady Justice
Hale in the Essex case,
716
00:44:09,046 --> 00:44:11,709
"The agency for
adoption has a duty of care
717
00:44:11,782 --> 00:44:14,718
"in respect of what information
should be passed on.
718
00:44:15,219 --> 00:44:18,383
"It must at least have a
policy on divulging information.
719
00:44:18,823 --> 00:44:20,758
"But, clearly, it
may be appropriate
720
00:44:20,825 --> 00:44:24,057
"to depart from that
policy in individual cases,
721
00:44:24,162 --> 00:44:27,462
"withholding information
which would otherwise be given.
722
00:44:27,932 --> 00:44:31,892
"That decision might well be made
on the advice of the adoption panel."
723
00:44:32,370 --> 00:44:35,340
Was the decision made after
such advice, Mrs Channing?
724
00:44:35,606 --> 00:44:37,472
- It was, my lord.
- Mmm.
725
00:44:39,744 --> 00:44:41,838
Either way, Mrs Hurst
seems to have suffered greatly
726
00:44:41,913 --> 00:44:44,144
from her involvement
with this child.
727
00:44:45,850 --> 00:44:47,443
I will adjourn to
consider my ruling.
728
00:44:47,518 --> 00:44:50,750
My clerk will inform you
when I've arrived at it.
729
00:44:52,423 --> 00:44:54,119
All rise.
730
00:44:57,929 --> 00:44:59,439
JO ON ANSWERING
MACHINE: Hello, this is Jo Mills.
731
00:44:59,463 --> 00:45:01,263
Please leave a message
and I'll call you back.
732
00:45:02,233 --> 00:45:03,257
Jo, it's John.
733
00:45:03,367 --> 00:45:06,394
I need to take your mind
on the other case I'm hearing.
734
00:45:06,470 --> 00:45:09,463
Something you said about
Mrs Hurst and her suffering?
735
00:45:10,107 --> 00:45:11,618
Please, could you spare
me a couple of moments
736
00:45:11,642 --> 00:45:13,338
after court today?
737
00:45:17,181 --> 00:45:19,309
Come on.
738
00:45:21,819 --> 00:45:24,687
Did you get any sense of
Paul Lawrence's intention
739
00:45:24,755 --> 00:45:26,155
at the end of your class?
740
00:45:26,224 --> 00:45:28,716
No, he'd been responding
741
00:45:28,793 --> 00:45:30,819
and I thought I was
getting through to him.
742
00:45:30,928 --> 00:45:32,829
Did he stay behind?
743
00:45:32,930 --> 00:45:36,230
Yes. The lunch bell had sounded.
744
00:45:36,300 --> 00:45:40,499
Paul's class was on first
sitting, so they all rushed out.
745
00:45:40,605 --> 00:45:44,042
Paul stayed back and asked
me a question about the lesson.
746
00:45:44,108 --> 00:45:46,236
I was flattered
that he'd listened.
747
00:45:46,677 --> 00:45:50,079
When I lent over the
desk to explain further,
748
00:45:50,982 --> 00:45:53,816
he squeezed my breast.
749
00:45:53,918 --> 00:45:55,716
How did you respond?
750
00:45:55,786 --> 00:45:58,312
I was shocked,
but then I felt panic
751
00:45:58,389 --> 00:46:02,258
because I didn't want to lose
him now he was willing to learn.
752
00:46:03,361 --> 00:46:04,590
He said,
753
00:46:05,329 --> 00:46:09,027
"Oh, I thought you liked
me. No one likes me."
754
00:46:09,700 --> 00:46:12,169
And he caught his
breath as if to sob.
755
00:46:13,437 --> 00:46:15,702
I put my hand on his
shoulder and I said,
756
00:46:15,806 --> 00:46:20,972
"I do like you, Paul, but you
mustn't touch me like that."
757
00:46:21,078 --> 00:46:24,071
And he said that
he was very sorry
758
00:46:25,182 --> 00:46:27,310
and he took my hand.
759
00:46:28,886 --> 00:46:33,551
Then he suddenly grabbed
me and wrestled me to the floor.
760
00:46:33,624 --> 00:46:35,354
And I hit my head as I fell.
761
00:46:37,028 --> 00:46:40,863
Then he started
pulling open my clothes.
762
00:46:40,965 --> 00:46:42,991
He's no bigger than me,
763
00:46:43,067 --> 00:46:48,529
but he kept me pinned down
with his hand over my mouth.
764
00:46:48,639 --> 00:46:51,837
- Could you make any sound?
- No.
765
00:46:51,909 --> 00:46:53,673
Not even afterwards.
766
00:46:54,378 --> 00:46:57,542
I just laid there
feeling sick with shock.
767
00:46:59,583 --> 00:47:01,677
I must have been there
for about 20 minutes,
768
00:47:01,752 --> 00:47:03,983
then a colleague
came in and found me.
769
00:47:04,088 --> 00:47:06,148
We were supposed
to meet at lunch.
770
00:47:07,124 --> 00:47:08,786
What did you imagine
you were doing,
771
00:47:08,859 --> 00:47:11,158
putting your hand on
a child who you allege
772
00:47:11,228 --> 00:47:12,787
made a sexual advance to you?
773
00:47:12,863 --> 00:47:16,664
Oh, I don't know, I was... I
was trying to reassure him.
774
00:47:16,767 --> 00:47:20,863
Miss Simpson, you consented to
this act by Paul Lawrence, didn't you?
775
00:47:20,938 --> 00:47:22,497
No. No, I didn't.
776
00:47:22,606 --> 00:47:24,666
In fact, you
enticed him into it.
777
00:47:24,742 --> 00:47:29,180
Then afterwards, you felt you
somehow had to cover what you had done,
778
00:47:29,280 --> 00:47:31,044
so you accused
him of raping you.
779
00:47:32,183 --> 00:47:34,550
No, I didn't. It's not true.
780
00:47:38,022 --> 00:47:42,619
Dr Niamba, I believe you
pronounced Barry Baylis dead.
781
00:47:42,727 --> 00:47:44,025
How was that?
782
00:47:44,128 --> 00:47:46,290
I was holding my clinic
at the prison hospital
783
00:47:46,397 --> 00:47:48,662
when I heard the
continuous alarm.
784
00:47:48,766 --> 00:47:50,667
Did you stop treatments?
785
00:47:50,768 --> 00:47:54,466
Not until a prison officer rushed
in and said a prisoner was down.
786
00:47:54,538 --> 00:47:56,063
That's code for dead.
787
00:47:56,640 --> 00:48:00,133
I ran after him and found
Baylis on the corridor floor
788
00:48:00,244 --> 00:48:02,145
with baler twine
around his neck.
789
00:48:02,246 --> 00:48:04,442
I thought he'd hanged himself.
790
00:48:04,515 --> 00:48:06,950
I could tell at
once he was dead.
791
00:48:08,619 --> 00:48:12,522
How long does it take to choke
someone in the way you describe?
792
00:48:12,590 --> 00:48:14,786
Not long. Two minutes.
793
00:48:14,859 --> 00:48:18,057
How long from hearing
the alarm to finding Baylis?
794
00:48:18,162 --> 00:48:20,495
Two minutes. No more.
795
00:48:20,598 --> 00:48:22,396
Didn't you examine him?
796
00:48:22,466 --> 00:48:25,698
- I certainly did.
- A brainstem death protocol?
797
00:48:25,803 --> 00:48:28,295
I checked his pulse
and his breath.
798
00:48:28,406 --> 00:48:29,874
He was dead.
799
00:48:31,041 --> 00:48:34,534
And you took longer from
the alarm to finding Baylis.
800
00:48:34,645 --> 00:48:36,341
Maybe five or six minutes.
801
00:48:36,447 --> 00:48:38,473
No, we ran all the way.
802
00:48:38,549 --> 00:48:40,108
Did you try to revive him?
803
00:48:40,184 --> 00:48:41,618
He was dead.
804
00:48:43,187 --> 00:48:45,656
Dr Niamba, at two minutes,
805
00:48:45,756 --> 00:48:48,521
a person who is choking
loses consciousness.
806
00:48:48,592 --> 00:48:52,552
It takes five or six
minutes to kill them.
807
00:48:52,630 --> 00:48:54,656
Isn't that so?
808
00:48:54,765 --> 00:48:56,063
Maybe.
809
00:49:00,871 --> 00:49:02,237
Perhaps.
810
00:49:06,143 --> 00:49:09,272
Were you aware of hostility
amongst prisoners towards Baylis?
811
00:49:09,980 --> 00:49:11,539
Yes.
812
00:49:11,615 --> 00:49:13,311
A few hated him.
813
00:49:14,552 --> 00:49:18,353
There were three guards on
that block, two with first aid,
814
00:49:18,422 --> 00:49:21,358
yet none attempted
to revive Baylis?
815
00:49:22,426 --> 00:49:23,860
No.
816
00:49:24,762 --> 00:49:26,253
No one did.
817
00:49:27,198 --> 00:49:30,259
Pretty short lunch. I thought
judges led extravagant lives.
818
00:49:30,367 --> 00:49:33,132
Not in this century, and
certainly not with John Deed.
819
00:49:33,237 --> 00:49:36,298
Oh, yeah, this is the judge
with the dog that Michael likes.
820
00:49:36,407 --> 00:49:38,672
- Mmm-hmm.
- Hmm, perhaps we should steal it.
821
00:49:38,742 --> 00:49:39,903
Can the Judge run fast?
822
00:49:39,977 --> 00:49:43,470
For a cardiac surgeon, you
have a lot of mischief in you.
823
00:49:43,547 --> 00:49:45,778
I have to work at it. You
know people take themselves
824
00:49:45,883 --> 00:49:47,579
far too seriously.
825
00:49:48,219 --> 00:49:50,552
Why did your marriage break up?
826
00:49:51,789 --> 00:49:54,224
Uh, I'm sorry, it's painful.
827
00:49:55,059 --> 00:49:57,858
I was, um... I was
work-obsessed.
828
00:49:58,996 --> 00:50:01,575
By the time I realised there was
more to life than driving ambition,
829
00:50:01,599 --> 00:50:03,295
Louisa had gone.
830
00:50:03,400 --> 00:50:04,925
Couldn't you get her back?
831
00:50:05,035 --> 00:50:07,266
- No, she found somebody else.
- Hmm.
832
00:50:08,906 --> 00:50:11,102
She didn't want the boys.
833
00:50:11,175 --> 00:50:13,576
They took that very badly.
834
00:50:13,677 --> 00:50:15,543
Oh, we all did.
835
00:50:15,646 --> 00:50:18,081
But, um, we get
over these things.
836
00:50:18,916 --> 00:50:20,885
They're very, very settled now.
837
00:50:25,389 --> 00:50:27,415
- Mrs Mills, Judge.
- Thanks.
838
00:50:28,158 --> 00:50:30,218
Thanks, Coop, could we have tea?
839
00:50:30,294 --> 00:50:32,456
I can't stop, I've got
to get back for Michael.
840
00:50:32,563 --> 00:50:34,429
I seem to be seeing
less of you now.
841
00:50:34,498 --> 00:50:36,610
You shouldn't see me at
all while I'm in front of you.
842
00:50:36,634 --> 00:50:40,537
Perhaps I should give up the law.
I want to see more of both of you.
843
00:50:40,638 --> 00:50:42,664
You asked about Mrs Hurst.
844
00:50:42,740 --> 00:50:47,041
Yes, you said you had some insight
into her taking on this difficult trial,
845
00:50:47,111 --> 00:50:49,808
you know, subconsciously wanting
to destroy herself and her family.
846
00:50:49,914 --> 00:50:51,405
It was only a surmise, John.
847
00:50:51,515 --> 00:50:53,326
Only it seems that she's
about to self-destruct
848
00:50:53,350 --> 00:50:54,861
and I don't want to
exacerbate her problem,
849
00:50:54,885 --> 00:50:57,411
but I don't see that I
have much alternative.
850
00:50:57,788 --> 00:50:58,949
Mmm.
851
00:51:04,161 --> 00:51:05,652
Sorry.
852
00:51:05,763 --> 00:51:08,562
I could come and
collect Michael with you.
853
00:51:08,632 --> 00:51:10,931
- Mimi misses him.
- No, it would be confusing for him.
854
00:51:11,035 --> 00:51:12,594
His father will be there.
855
00:51:12,670 --> 00:51:14,730
Ah, yes, what's he like?
856
00:51:14,838 --> 00:51:17,740
Um, warm, forthright.
857
00:51:18,576 --> 00:51:22,308
It's like love at first
sight between them.
858
00:51:22,379 --> 00:51:24,280
It's like they've
never been apart.
859
00:51:26,617 --> 00:51:29,587
He's like you. He's
bright, hardworking.
860
00:51:29,653 --> 00:51:31,398
Put himself through
college and medical school.
861
00:51:31,422 --> 00:51:32,822
He's a cardiac surgeon.
862
00:51:32,923 --> 00:51:35,722
Has he stolen your heart, Jo?
863
00:51:35,793 --> 00:51:37,557
I must dash.
864
00:51:49,106 --> 00:51:51,132
It was a wonderful evening.
865
00:51:51,241 --> 00:51:53,836
- We didn't do anything.
- But that's what was so nice.
866
00:51:53,911 --> 00:51:55,880
We didn't have to.
867
00:51:55,946 --> 00:51:58,211
Even the silences felt natural.
868
00:52:01,018 --> 00:52:03,419
So what are we going
to do about Michael?
869
00:52:05,756 --> 00:52:07,315
It's not a done deal.
870
00:52:07,391 --> 00:52:10,361
The council have only indicated
that you could get custody.
871
00:52:11,428 --> 00:52:13,488
I could fight you.
872
00:52:14,264 --> 00:52:16,256
What would Michael make of that?
873
00:52:18,235 --> 00:52:20,295
I don't want to
give him up, Marc.
874
00:52:22,139 --> 00:52:24,301
Do you want me to walk away?
875
00:52:30,114 --> 00:52:31,591
JO ON ANSWERING
MACHINE: Hello, this is Jo Mills.
876
00:52:31,615 --> 00:52:34,517
Please leave a message
and I'll call you back...
877
00:52:43,060 --> 00:52:44,426
Come on.
878
00:53:18,462 --> 00:53:21,330
Mr Ferns, did you
kill Barry Baylis?
879
00:53:25,869 --> 00:53:27,428
Yes, I did.
880
00:53:27,905 --> 00:53:30,704
I strangled him with
a piece of baler twine
881
00:53:30,774 --> 00:53:32,640
I was using as a belt.
882
00:53:32,710 --> 00:53:34,474
Why did you do that?
883
00:53:34,545 --> 00:53:37,481
To stop him ever
abusing any other children.
884
00:53:40,517 --> 00:53:44,420
Seven years ago, I went to
prison for attacking a paedophile.
885
00:53:44,521 --> 00:53:48,686
In that time, the
organisation I helped found,
886
00:53:48,792 --> 00:53:51,023
Lawyers Against Child Abusers,
887
00:53:51,595 --> 00:53:53,757
estimate there have
been over 90,000
888
00:53:53,831 --> 00:53:56,391
serious offences
committed against children.
889
00:53:56,467 --> 00:54:00,336
Less than one percent of those
offenders have been prosecuted.
890
00:54:01,271 --> 00:54:04,173
Can you tell the court
about your own childhood?
891
00:54:09,813 --> 00:54:11,475
Mr Ferns?
892
00:54:16,920 --> 00:54:21,187
My father had a breakdown when
I was two and walked out on us.
893
00:54:21,258 --> 00:54:22,954
I haven't seen him since.
894
00:54:24,595 --> 00:54:26,621
The man my
mother took up with...
895
00:54:29,099 --> 00:54:31,330
He started sexually
abusing me when I was five.
896
00:54:31,435 --> 00:54:35,065
I was nine before
I dared tell anyone.
897
00:54:35,139 --> 00:54:36,903
What happened to him?
898
00:54:36,974 --> 00:54:38,237
Nothing.
899
00:54:39,176 --> 00:54:42,374
There wasn't enough
evidence to prosecute him.
900
00:54:42,479 --> 00:54:45,347
By this time my mother
had become a drug addict
901
00:54:45,549 --> 00:54:47,518
and I was taken into care.
902
00:54:48,352 --> 00:54:50,617
One of the carers
started to abuse me.
903
00:54:51,555 --> 00:54:54,081
I thought all adults
were like that.
904
00:54:55,592 --> 00:55:00,428
I tried to commit suicide and
ended up in a psychiatric unit.
905
00:55:01,498 --> 00:55:02,864
There I met some kind adults
906
00:55:02,933 --> 00:55:05,198
who helped me get a
different view of the world.
907
00:55:05,269 --> 00:55:07,670
And what of the men
who abused you?
908
00:55:07,738 --> 00:55:10,765
I tracked them down and
exposed each one of them.
909
00:55:10,874 --> 00:55:12,570
Were they prosecuted?
910
00:55:12,676 --> 00:55:13,735
No.
911
00:55:14,678 --> 00:55:17,671
The law couldn't do anything
because of lack of evidence.
912
00:55:17,748 --> 00:55:19,717
So, I beat them up.
913
00:55:21,118 --> 00:55:24,316
One almost died and I went
to prison for seven years.
914
00:55:24,388 --> 00:55:27,449
How much of your prison
sentence did you serve?
915
00:55:27,558 --> 00:55:29,550
All but a day.
916
00:55:29,626 --> 00:55:31,907
They wouldn't give me remission
because I refused to admit
917
00:55:31,995 --> 00:55:34,430
that what I did to those
people was wrong.
918
00:55:35,933 --> 00:55:39,529
Your childhood experiences
must have left you very angry.
919
00:55:40,504 --> 00:55:42,439
I won't pretend I wasn't angry.
920
00:55:43,373 --> 00:55:46,969
And particularly resentful
towards your abusers
921
00:55:47,544 --> 00:55:49,410
who didn't go to prison.
922
00:55:50,347 --> 00:55:52,077
Is that so?
923
00:55:52,149 --> 00:55:53,412
At first.
924
00:55:54,318 --> 00:55:56,378
And then I realised I
couldn't take it upon myself
925
00:55:56,453 --> 00:55:58,354
to beat up every child abuser,
926
00:55:59,156 --> 00:56:01,057
so that's why I read law,
927
00:56:01,158 --> 00:56:04,219
got a degree, founded
Lawyers Against,
928
00:56:04,294 --> 00:56:07,696
to prosecute these people
when the authorities won't.
929
00:56:07,798 --> 00:56:12,133
Isn't this organisation simply
a front to out paedophiles
930
00:56:12,236 --> 00:56:14,705
who you can later
vent your anger on?
931
00:56:14,771 --> 00:56:17,969
Ask some of the lawyers
who've joined us if it is a front.
932
00:56:18,642 --> 00:56:21,669
What were you thinking
when you attacked Baylis?
933
00:56:21,745 --> 00:56:23,941
How he'd never get
to harm another child.
934
00:56:24,014 --> 00:56:26,415
What evidence had you
got that made you superior
935
00:56:26,516 --> 00:56:28,917
to the courts and due process?
936
00:56:28,986 --> 00:56:32,047
Oh, we'd made enquiries,
we knew he was a child abuser.
937
00:56:32,155 --> 00:56:34,784
- But you had no evidence.
- Well, it takes time.
938
00:56:35,592 --> 00:56:37,788
And he was very clever.
939
00:56:37,861 --> 00:56:40,228
That's why he kept
escaping the law.
940
00:56:40,297 --> 00:56:43,131
You haven't forgiven
your abusers, have you?
941
00:56:44,468 --> 00:56:45,468
What do you think?
942
00:56:45,535 --> 00:56:49,495
I think you'd like to do to
them what you did to Mr Baylis.
943
00:56:49,573 --> 00:56:51,508
I try not to think about them.
944
00:56:52,342 --> 00:56:56,279
I think you think
about them all the time.
945
00:56:56,346 --> 00:56:57,575
When you attacked Mr Baylis,
946
00:56:57,681 --> 00:57:00,913
you were thinking about
your stepfather and carer.
947
00:57:01,985 --> 00:57:04,750
No, I just wanted
to stop Baylis.
948
00:57:04,821 --> 00:57:07,791
You weren't protecting other kids
when you attacked and killed this man.
949
00:57:07,858 --> 00:57:10,828
You were just hell-bent
on revenge! Weren't you?
950
00:57:10,894 --> 00:57:12,988
No. No, that's not true.
951
00:57:14,665 --> 00:57:18,261
We'll let the jury decide
what's true, shall we?
952
00:57:18,335 --> 00:57:20,513
Do you know what happens
when you suffer that kind of abuse?
953
00:57:20,537 --> 00:57:23,132
- Thank you, Mr Ferns.
- You die inside.
954
00:57:24,141 --> 00:57:25,666
That's what happened to me.
955
00:57:25,776 --> 00:57:29,304
Abused children never really
recover to become fully functioning.
956
00:57:29,379 --> 00:57:31,507
- Thank you...
- It's like you're not worthy inside.
957
00:57:31,581 --> 00:57:34,949
You're dirty. You're not worthy
of anyone's love and respect.
958
00:57:36,386 --> 00:57:40,551
My life now is about not letting
that happen to other children.
959
00:57:41,658 --> 00:57:42,835
I don't... Thank
you, Mr Johnson.
960
00:57:42,859 --> 00:57:44,794
I don't want to hear
"in defence of others"
961
00:57:44,861 --> 00:57:46,056
in your closing argument, Jo.
962
00:57:46,129 --> 00:57:48,655
- Those are my client's instructions.
- The law is clear.
963
00:57:48,732 --> 00:57:49,772
No one's being threatened.
964
00:57:49,833 --> 00:57:51,324
The jury should be
allowed to decide.
965
00:57:51,435 --> 00:57:54,030
Yes, and they will.
With direction from me.
966
00:57:54,104 --> 00:57:56,972
Juries can get very
exercised about paedophiles.
967
00:57:57,074 --> 00:57:59,373
The jury may yet surprise us.
968
00:58:04,781 --> 00:58:06,340
Don't you ever
answer your phone?
969
00:58:06,416 --> 00:58:08,317
It's been a hectic few days.
970
00:58:08,385 --> 00:58:11,014
Michael's father must be keen.
971
00:58:11,088 --> 00:58:13,557
The council told him
he could claim Michael.
972
00:58:13,623 --> 00:58:15,888
They'll support him.
973
00:58:15,993 --> 00:58:19,088
Is he going to take Michael
back to South Africa?
974
00:58:19,196 --> 00:58:22,030
He has to go back soon,
he has other children there.
975
00:58:22,099 --> 00:58:24,227
He can't just take Michael.
976
00:58:25,135 --> 00:58:27,127
He wants me to go with him.
977
00:58:40,917 --> 00:58:42,818
It's always warm in Cape Town.
978
00:58:44,788 --> 00:58:47,417
I'm really glad you found
your father, Michael.
979
00:58:47,657 --> 00:58:49,023
Won't you come with us?
980
00:58:49,092 --> 00:58:52,392
I didn't say I wouldn't. It's just
it needs a lot of thinking about.
981
00:58:52,462 --> 00:58:55,296
I've got Tom and Mark to
think about as well as you.
982
00:58:55,399 --> 00:58:56,799
And my work.
983
00:58:56,867 --> 00:58:59,462
Dad says you can be a
barrister in South Africa.
984
00:58:59,536 --> 00:59:00,970
Oh, does he?
985
00:59:01,071 --> 00:59:03,233
He's got it all worked out.
986
00:59:04,174 --> 00:59:06,109
Will you come with us?
987
00:59:11,948 --> 00:59:14,417
Michael, if I don't,
988
00:59:16,420 --> 00:59:18,946
it doesn't mean I
don't love you. All right?
989
00:59:19,489 --> 00:59:21,822
It's just a really big upheaval.
990
00:59:23,527 --> 00:59:25,826
Dad says we could
all make a new start.
991
00:59:25,896 --> 00:59:27,592
It would be best.
992
00:59:28,465 --> 00:59:31,128
Yeah, perhaps it would.
993
00:59:38,909 --> 00:59:40,453
JO ON ANSWERING
MACHINE: Hello, this is Jo Mills.
994
00:59:40,477 --> 00:59:42,912
Please leave a
message and I'll call you...
995
00:59:50,754 --> 00:59:51,813
Excuse me, Sir John.
996
00:59:51,888 --> 00:59:54,221
Cook wants to know
if you're dining in.
997
00:59:55,058 --> 00:59:56,924
Is Mr Justice Everard in?
998
00:59:57,027 --> 00:59:59,496
Sir Monty and Lady
Everard are at a reception.
999
00:59:59,596 --> 01:00:02,259
Um, no thank you, Mr
Johnson, I think I'll eat out.
1000
01:00:28,291 --> 01:00:30,487
Oh, Mrs Hurst, I'm sorry,
I didn't recognise you.
1001
01:00:30,594 --> 01:00:32,392
Can I talk to you, Judge?
1002
01:00:32,462 --> 01:00:33,942
I'm not sure that
you can, Mrs Hurst.
1003
01:00:33,997 --> 01:00:36,228
The council weren't
being honest.
1004
01:00:36,299 --> 01:00:40,031
There are rules about talking
to claimants outside court.
1005
01:00:40,103 --> 01:00:41,969
I'm sorry.
1006
01:00:42,072 --> 01:00:45,270
Just when I saw you, I knew
I needed to speak to you.
1007
01:00:45,342 --> 01:00:46,708
Please?
1008
01:00:47,477 --> 01:00:50,208
If I don't speak to
someone, I feel I'll go mad.
1009
01:00:53,150 --> 01:00:54,641
Would you like a glass of wine?
1010
01:00:54,751 --> 01:00:57,277
Uh, I don't want to
take up your time.
1011
01:00:57,387 --> 01:00:59,185
It's boring eating alone.
1012
01:01:01,091 --> 01:01:03,651
- Are you eating alone?
- Always.
1013
01:01:04,327 --> 01:01:06,421
The girls live
with their father.
1014
01:01:06,930 --> 01:01:09,525
Could you get me another glass?
1015
01:01:13,970 --> 01:01:15,404
Thank you.
1016
01:01:31,254 --> 01:01:33,849
Do the girls blame
you for what Paul did?
1017
01:01:34,658 --> 01:01:37,856
The eldest one
barely talks to me now.
1018
01:01:37,928 --> 01:01:40,989
I didn't know he would
abuse her. Of course I didn't.
1019
01:01:41,631 --> 01:01:44,567
It doesn't necessarily
make the council negligent.
1020
01:01:44,668 --> 01:01:46,899
I thought we couldn't
talk about this.
1021
01:01:50,674 --> 01:01:53,769
The girls can't understand
why I stood by him.
1022
01:01:53,877 --> 01:01:56,210
Neither could their father.
1023
01:01:57,747 --> 01:01:59,579
I've already lost one son.
1024
01:02:01,051 --> 01:02:04,385
I was driving the car
when... when he died.
1025
01:02:04,454 --> 01:02:06,286
He was telling me
about his teacher.
1026
01:02:06,389 --> 01:02:07,857
Doing his voice.
1027
01:02:09,326 --> 01:02:11,420
He was a brilliant mimic.
1028
01:02:15,265 --> 01:02:17,962
I only took my eyes off
the road for a second...
1029
01:02:20,904 --> 01:02:23,305
It was an accident. You
should forgive yourself
1030
01:02:23,373 --> 01:02:25,535
- for what happened.
- No.
1031
01:02:25,609 --> 01:02:28,511
It was my fault. I killed him.
1032
01:02:29,713 --> 01:02:33,582
Can you accept the responsibility
without attaching blame?
1033
01:02:35,051 --> 01:02:37,680
Is that what you
think I'm trying to do?
1034
01:02:37,787 --> 01:02:41,588
Perhaps you should care for
the family that you still have.
1035
01:02:44,928 --> 01:02:46,988
I can't abandon Paul.
1036
01:02:47,063 --> 01:02:49,760
Too many people
have already done that.
1037
01:02:51,768 --> 01:02:54,704
It's a tough hurdle to
overcome when you're a child.
1038
01:02:56,072 --> 01:02:58,200
That happened to me.
1039
01:02:59,276 --> 01:03:02,735
I was adopted. My adoptive
mother committed suicide
1040
01:03:02,812 --> 01:03:05,646
when I was a bit
younger than Paul.
1041
01:03:06,850 --> 01:03:11,618
I mean, it wasn't anybody's fault,
there wasn't anybody I could blame.
1042
01:03:18,194 --> 01:03:20,891
I think you're
suffering, Mrs Hurst.
1043
01:03:23,633 --> 01:03:27,331
We would think that our day in
court is going to resolve things,
1044
01:03:28,538 --> 01:03:29,904
make us free.
1045
01:03:29,973 --> 01:03:32,807
We think it will bring
closure. Quite often,
1046
01:03:32,909 --> 01:03:35,378
it just opens
wounds even deeper.
1047
01:03:38,014 --> 01:03:41,075
You need to go
on with your life.
1048
01:03:41,184 --> 01:03:43,244
I don't know how to, Judge.
1049
01:03:43,353 --> 01:03:45,447
You've got to find a way.
1050
01:03:45,555 --> 01:03:49,014
At best, all a trial will do is
enable you to shift the blame
1051
01:03:49,092 --> 01:03:51,459
from yourself to the council.
1052
01:03:51,528 --> 01:03:53,224
The situation will
remain the same.
1053
01:03:53,296 --> 01:03:55,629
Then what's the point of courts?
1054
01:03:58,168 --> 01:04:04,301
Often they have no point other
than to codify our behaviour
1055
01:04:04,374 --> 01:04:08,038
because we don't know
how to relate to each other.
1056
01:04:08,144 --> 01:04:10,170
Do you think we ever did?
1057
01:04:15,418 --> 01:04:18,354
When was the last time you
had a conversation like this?
1058
01:04:18,421 --> 01:04:19,912
Oh...
1059
01:04:23,326 --> 01:04:24,851
I should go.
1060
01:04:24,928 --> 01:04:28,831
I think you should
have your glass of wine.
1061
01:04:28,898 --> 01:04:32,426
For the first time, you look
like you're not going to break.
1062
01:04:32,502 --> 01:04:35,597
Well, it is a relief to talk to
someone who understands.
1063
01:04:39,275 --> 01:04:41,904
- So, I'm defending a dog...
- Mmm-hmm.
1064
01:04:41,978 --> 01:04:45,608
On appeal, under the
Dangerous Dogs Act
1065
01:04:45,715 --> 01:04:46,774
and it bit me.
1066
01:04:48,551 --> 01:04:51,612
So I'm standing in front of this
judge, blood pouring from my hand,
1067
01:04:51,688 --> 01:04:55,056
and I'm trying to convince him
that this dog is not dangerous.
1068
01:05:01,231 --> 01:05:03,826
You're a very different
person when you laugh.
1069
01:05:04,834 --> 01:05:09,135
- Oh, I haven't laughed for a long time.
- You should do it more often.
1070
01:05:10,974 --> 01:05:14,342
I haven't dared let myself
have an evening like this since...
1071
01:05:16,212 --> 01:05:18,841
I'd forgotten what
it could be like.
1072
01:05:19,883 --> 01:05:21,647
I must go.
1073
01:05:27,424 --> 01:05:29,620
Where are you going?
1074
01:05:29,692 --> 01:05:32,161
Back to your flat
to be depressed?
1075
01:05:34,898 --> 01:05:37,094
You want to make love to me.
1076
01:05:42,205 --> 01:05:45,767
It's very dangerous for me
even to have such thoughts.
1077
01:06:18,975 --> 01:06:22,935
Mr Johnson, who is that
woman going away in a taxi?
1078
01:06:23,012 --> 01:06:25,675
I believe she was a guest
of Mr Justice Deed, my lady.
1079
01:06:25,782 --> 01:06:28,149
No, I do hope she wasn't.
1080
01:06:28,751 --> 01:06:30,686
Did she come for breakfast?
1081
01:06:30,787 --> 01:06:34,224
I really don't know, my
lady. I don't serve breakfast.
1082
01:06:34,290 --> 01:06:37,852
Mr Johnson, you're the butler,
you're supposed to know everything.
1083
01:06:40,063 --> 01:06:41,827
Where's my husband?
1084
01:06:45,368 --> 01:06:48,998
Although Mrs Hurst,
um, and her husband
1085
01:06:49,906 --> 01:06:55,368
were treated in less than ideal fashion
over the adoption of Paul Lawrence,
1086
01:06:55,445 --> 01:06:59,849
the council, I find, was not
wrong in its proceedings.
1087
01:07:00,984 --> 01:07:05,183
Enough information was given for them
to make a fair and reasoned judgement.
1088
01:07:05,255 --> 01:07:10,057
The fact that they then took
Paul on is very much to their credit.
1089
01:07:10,126 --> 01:07:16,828
That the adoption went so badly
wrong in no way reflects upon Mrs Hurst.
1090
01:07:17,867 --> 01:07:19,859
She has this court's
heartfelt sympathy
1091
01:07:19,936 --> 01:07:23,373
and it is hoped that she
can somehow pick up her life.
1092
01:07:24,307 --> 01:07:27,402
The full text of this ruling
1093
01:07:27,510 --> 01:07:30,537
will be on the court
service website next week.
1094
01:07:30,613 --> 01:07:32,275
All rise.
1095
01:07:34,584 --> 01:07:36,246
John.
1096
01:07:36,352 --> 01:07:38,514
John, you all right?
1097
01:07:39,055 --> 01:07:43,390
- Was Mrs Hurst in your court today?
- No, she was not.
1098
01:07:43,960 --> 01:07:47,863
Vera says that she saw her
leaving the digs this morning.
1099
01:07:47,931 --> 01:07:49,422
Yes, she wanted some advice.
1100
01:07:49,499 --> 01:07:52,560
You are not the person to give
it. She's before you as a claimant.
1101
01:07:52,669 --> 01:07:54,968
Hopefully I was
able to help her.
1102
01:07:55,071 --> 01:07:58,041
Well, the fact is that she
shouldn't have visited you.
1103
01:07:58,775 --> 01:08:00,710
As Presider, it is
incumbent on me
1104
01:08:00,777 --> 01:08:02,905
to ensure that such
liaisons don't happen.
1105
01:08:02,979 --> 01:08:06,040
Yes, I know who I can
and cannot see, Monty.
1106
01:08:06,149 --> 01:08:07,845
It's very dangerous.
1107
01:08:08,384 --> 01:08:10,182
It could embarrass
you and the bench.
1108
01:08:10,253 --> 01:08:14,850
Monty, I'm not sure
that I give a damn!
1109
01:08:18,294 --> 01:08:21,492
Mr Justice Deed had sexual
relations with this woman?
1110
01:08:21,564 --> 01:08:24,261
I doubt they spent the time
discussing the price of coffee.
1111
01:08:24,334 --> 01:08:25,393
In his room?
1112
01:08:25,501 --> 01:08:28,403
I'm told the servants weren't
asked to make up a spare room.
1113
01:08:28,504 --> 01:08:30,598
This time we have
him. We really do.
1114
01:08:30,707 --> 01:08:32,151
We've never been
able to pin him down
1115
01:08:32,175 --> 01:08:34,337
on his sexual relations
with the female bar.
1116
01:08:34,410 --> 01:08:36,845
With a claimant,
it's judicial suicide.
1117
01:08:36,946 --> 01:08:40,178
That's a dangerous assumption,
Ian. You have no evidence.
1118
01:08:40,249 --> 01:08:41,615
Come on, Monty.
1119
01:08:41,684 --> 01:08:45,018
The only way to find out if it's
true is to confront him, Monty.
1120
01:08:45,088 --> 01:08:47,990
- Good idea. Let's.
- No, Vera.
1121
01:08:48,424 --> 01:08:50,325
You'll do no such thing.
1122
01:08:50,426 --> 01:08:52,759
John Deed is a High Court Judge.
1123
01:08:53,830 --> 01:08:56,129
Ian can decide how to proceed.
1124
01:08:56,199 --> 01:08:58,100
I would urge caution.
1125
01:09:02,338 --> 01:09:06,173
It's a simple question. Was
this woman in your room?
1126
01:09:06,242 --> 01:09:08,370
It's not simple. It's loaded.
1127
01:09:09,145 --> 01:09:12,479
If true, it could do you
a great deal of harm.
1128
01:09:12,582 --> 01:09:14,949
Yes, I'm sure it could.
1129
01:09:15,018 --> 01:09:19,012
My lord, if the newspapers
were to get hold of this...
1130
01:09:19,088 --> 01:09:21,523
Only if you were to
give it to them, Ian.
1131
01:09:21,624 --> 01:09:25,061
It's your reputation
we're at pains to protect.
1132
01:09:25,128 --> 01:09:27,654
Thank you for your concern.
1133
01:09:32,702 --> 01:09:34,568
Mrs Cooper.
1134
01:09:40,843 --> 01:09:42,607
Did you hear any of that?
1135
01:09:42,679 --> 01:09:44,739
More than I wanted to, Judge.
1136
01:09:44,814 --> 01:09:45,975
There could be trouble.
1137
01:09:46,049 --> 01:09:49,281
We've had plenty of that.
1138
01:09:55,391 --> 01:09:57,553
Mrs Mills still in the building?
1139
01:09:57,660 --> 01:10:01,119
I saw her hurrying through
the lobby with that man.
1140
01:10:01,230 --> 01:10:04,462
She might be going to
South Africa with that man.
1141
01:10:05,868 --> 01:10:07,530
Really, Judge?
1142
01:10:09,038 --> 01:10:12,406
Find Dr Crawcheck for me, will
you? Ask her if she'll see me tonight.
1143
01:10:12,508 --> 01:10:14,101
It doesn't matter where.
1144
01:10:16,612 --> 01:10:17,636
Mimi.
1145
01:10:28,024 --> 01:10:29,151
Shit.
1146
01:10:36,399 --> 01:10:37,697
Is Michael here?
1147
01:10:38,534 --> 01:10:41,732
- I brought Mimi to see him.
- No, he's out with his father.
1148
01:10:45,108 --> 01:10:47,043
Hello, little one.
1149
01:10:48,644 --> 01:10:50,408
What's going to happen?
1150
01:10:55,218 --> 01:10:57,517
Michael wants me
to go to South Africa.
1151
01:10:58,521 --> 01:10:59,989
I haven't decided.
1152
01:11:09,565 --> 01:11:10,726
John?
1153
01:11:12,301 --> 01:11:13,667
Talk to me.
1154
01:11:14,403 --> 01:11:16,702
I've been trying to
talk to you all week.
1155
01:11:16,773 --> 01:11:18,207
Can't get near you.
1156
01:11:18,941 --> 01:11:21,137
Marc's only here
for a short time.
1157
01:11:21,978 --> 01:11:24,004
Are you in love with him?
1158
01:11:24,080 --> 01:11:27,448
I've only known him a few days.
1159
01:11:28,451 --> 01:11:29,851
He's very nice.
1160
01:11:30,253 --> 01:11:31,253
Charming.
1161
01:11:32,822 --> 01:11:34,188
He pays me a lot of attention.
1162
01:11:34,257 --> 01:11:38,558
He sort of assaults
your feelings.
1163
01:12:10,259 --> 01:12:14,253
I've done something pretty
stupid, even by my stupid standards.
1164
01:12:19,802 --> 01:12:22,704
I let Mrs Hurst stay
the night at the digs.
1165
01:12:27,043 --> 01:12:29,672
Are you completely mad?
1166
01:12:30,046 --> 01:12:32,038
And the forces of reaction know.
1167
01:12:32,448 --> 01:12:35,247
Well, what do you expect
me to do? I can't help you.
1168
01:12:35,318 --> 01:12:37,429
Are you surprised I'm thinking
of going to South Africa?
1169
01:12:37,453 --> 01:12:39,183
You are so stupid!
1170
01:12:42,091 --> 01:12:44,822
Come on. Come on. Come on.
1171
01:12:50,967 --> 01:12:52,765
Even by your exotic standards,
1172
01:12:52,869 --> 01:12:54,413
sleeping with a claimant
who is before you
1173
01:12:54,437 --> 01:12:56,429
seems a very stupid thing to do.
1174
01:12:57,106 --> 01:12:59,735
Well, I compounded
the stupidity.
1175
01:12:59,809 --> 01:13:02,369
Instead of recusing
myself, I gave judgement.
1176
01:13:02,445 --> 01:13:04,209
Not in her favour.
1177
01:13:04,280 --> 01:13:05,578
That hardly matters.
1178
01:13:05,648 --> 01:13:08,174
It might if she's
angry about it.
1179
01:13:11,821 --> 01:13:15,622
I think Jo Mills is falling in
love with somebody else.
1180
01:13:17,260 --> 01:13:19,491
So you've decided
to destroy yourself.
1181
01:13:19,562 --> 01:13:21,258
Help me, Rachel.
1182
01:13:21,330 --> 01:13:24,391
How do you imagine I can
do that after sleeping with you?
1183
01:13:24,500 --> 01:13:28,631
How could we possibly re-establish
a client-therapist relationship?
1184
01:13:28,738 --> 01:13:29,762
We could find a way.
1185
01:13:29,839 --> 01:13:32,434
- Until we fall into sex again.
- Is that going to happen?
1186
01:13:32,541 --> 01:13:34,772
You're that sort of man, John.
1187
01:13:34,844 --> 01:13:37,746
Sex is some deep
pathology you're suffering.
1188
01:13:42,785 --> 01:13:46,517
Come on. Let's get
some coffee and talk.
1189
01:13:47,657 --> 01:13:50,286
I really think Vera should
give evidence, Monty.
1190
01:13:50,359 --> 01:13:52,521
Oh, that's ridiculous.
1191
01:13:52,595 --> 01:13:55,121
She can no more be called
as a witness than I can.
1192
01:13:55,197 --> 01:13:57,132
Then we have to rely
on Laurence James
1193
01:13:57,199 --> 01:14:00,294
persuading Mrs Hurst to
give evidence against Deed.
1194
01:14:00,369 --> 01:14:02,338
Well, I dare say she might.
1195
01:14:02,405 --> 01:14:05,375
If Deed were to be
overturned in her case.
1196
01:14:08,744 --> 01:14:12,078
We know how difficult
this is for you, Mrs Hurst.
1197
01:14:12,181 --> 01:14:15,879
The fact is, the judge you were
before behaved quite improperly.
1198
01:14:15,985 --> 01:14:18,819
Then perhaps you
should be talking to him.
1199
01:14:18,888 --> 01:14:20,618
The point is, Mrs Hurst,
1200
01:14:20,690 --> 01:14:23,888
the ruling he gave against
you could be overturned.
1201
01:14:23,960 --> 01:14:25,053
Could it?
1202
01:14:25,127 --> 01:14:27,653
In fact, if you were to
give evidence against him,
1203
01:14:27,730 --> 01:14:29,596
we would make sure it was.
1204
01:14:36,339 --> 01:14:41,141
Calculated, planned,
premeditated.
1205
01:14:42,445 --> 01:14:45,415
These are the words that come
to mind in relation to the killing
1206
01:14:45,481 --> 01:14:47,006
of Barry Baylis.
1207
01:14:47,083 --> 01:14:50,576
"To prevent possible future
victims from being hurt,"
1208
01:14:50,653 --> 01:14:53,851
was Alan Ferns'
reason to the killing.
1209
01:14:53,923 --> 01:14:56,415
But Mr Baylis was
putting no one's life at risk.
1210
01:14:56,492 --> 01:14:59,894
No one was being
protected from a crime.
1211
01:15:00,563 --> 01:15:03,658
Possibly, he may have gone
out of prison and offended.
1212
01:15:03,733 --> 01:15:06,293
Anything is possible.
1213
01:15:06,369 --> 01:15:09,339
We cannot permit executions
1214
01:15:09,405 --> 01:15:13,365
on the basis of personal
speculation by Alan Ferns.
1215
01:15:14,477 --> 01:15:17,447
The question we have
to grapple with is this.
1216
01:15:17,546 --> 01:15:22,280
Is it ever right to take the
law into your own hands?
1217
01:15:22,385 --> 01:15:26,083
To allow a self-righteous,
superior man
1218
01:15:26,155 --> 01:15:30,092
to decide and plan the
execution of another?
1219
01:15:32,395 --> 01:15:36,526
If we allow this, we will be
writing a licence for mayhem
1220
01:15:36,599 --> 01:15:39,398
to vigilante hard
men like Ferns,
1221
01:15:40,036 --> 01:15:44,736
permitting storms of double
wrongs trying to make a right.
1222
01:15:46,375 --> 01:15:48,867
My client's case is that
he struck at Barry Baylis
1223
01:15:48,978 --> 01:15:53,507
to prevent the certain death
or serious sexual abuse
1224
01:15:53,616 --> 01:15:55,517
of another child,
1225
01:15:55,618 --> 01:15:59,885
which our justice system either
could not or would not prevent.
1226
01:16:00,956 --> 01:16:03,755
The law entitles you to
defend yourself or another
1227
01:16:03,859 --> 01:16:07,387
if a certain or unpreventable
attack will be committed upon you.
1228
01:16:09,532 --> 01:16:10,830
I'm not allowed to tell you
1229
01:16:10,933 --> 01:16:14,927
that Mr Ferns killed Barry
Baylis to stop a serial paedophile
1230
01:16:15,004 --> 01:16:16,973
from preying upon our children.
1231
01:16:17,039 --> 01:16:19,201
Or that at the
time of his death,
1232
01:16:19,275 --> 01:16:22,177
he was serving a ludicrously
short prison sentence
1233
01:16:22,244 --> 01:16:25,806
for perverting the police
investigation into his activities.
1234
01:16:26,649 --> 01:16:29,016
I'm not allowed to
tell you any of this
1235
01:16:29,085 --> 01:16:31,554
because of the rules
that govern procedure.
1236
01:16:33,155 --> 01:16:36,717
These are the same rules
that allowed Baylis to repeatedly
1237
01:16:36,826 --> 01:16:40,524
walk away from court rather
than being brought to justice.
1238
01:16:41,597 --> 01:16:46,900
These are the rules that left Mr
Ferns the cruel victim of paedophiles
1239
01:16:46,969 --> 01:16:50,133
and saw him frustrated
beyond help at the likes of Baylis
1240
01:16:50,206 --> 01:16:51,970
mocking at the law.
1241
01:16:52,608 --> 01:16:56,807
Mr Ferns sincerely believed
he was defending our children
1242
01:16:57,413 --> 01:16:59,245
when he killed Barry Baylis.
1243
01:17:00,382 --> 01:17:02,681
But the rules say
you must ignore that.
1244
01:17:05,354 --> 01:17:10,850
Defence council quite rightly
pointed out what she can
1245
01:17:10,926 --> 01:17:13,691
and cannot say under
the Rules of Procedure.
1246
01:17:14,797 --> 01:17:19,531
Now convention dictates that I
don't interrupt her closing speech.
1247
01:17:20,769 --> 01:17:24,672
But I can now tell you that
you must completely disregard
1248
01:17:24,773 --> 01:17:29,404
those matters which she so
pointedly claimed to have excluded.
1249
01:17:31,113 --> 01:17:36,279
Mr Ferns freely
admits killing Mr Baylis,
1250
01:17:36,385 --> 01:17:39,913
but that doesn't necessarily
mean that he murdered him.
1251
01:17:40,656 --> 01:17:46,391
Murder is the deliberate
killing of another, intending to kill
1252
01:17:46,495 --> 01:17:49,897
or to cause serious bodily harm.
1253
01:17:51,567 --> 01:17:53,934
The defence here
is self-defence.
1254
01:17:54,003 --> 01:17:57,371
To prevent death
or serious injury,
1255
01:17:57,439 --> 01:18:00,671
which includes the
sexual abuse of another.
1256
01:18:02,011 --> 01:18:04,674
Now the question that
you might ask yourselves
1257
01:18:04,780 --> 01:18:07,181
is was this threat immediate?
1258
01:18:08,484 --> 01:18:10,214
Were there any other measures
1259
01:18:10,286 --> 01:18:13,313
that Mr Ferns might
have taken to prevent it?
1260
01:18:13,422 --> 01:18:15,288
That is a matter for you.
1261
01:18:16,325 --> 01:18:21,354
We abolished judicial
execution in this country in 1967.
1262
01:18:22,898 --> 01:18:26,562
Parliament did not make
an exception for Mr Ferns.
1263
01:18:28,170 --> 01:18:29,468
Thanks.
1264
01:18:30,773 --> 01:18:32,833
The jury's coming back
in the rape case, Judge.
1265
01:18:32,942 --> 01:18:35,377
Oh, good. I'll
pop in and hear it.
1266
01:18:35,878 --> 01:18:37,039
Thank you.
1267
01:18:41,116 --> 01:18:43,415
How do you find
Paul Lawrence Hurst,
1268
01:18:43,485 --> 01:18:45,545
guilty or not guilty?
1269
01:18:45,654 --> 01:18:47,020
We find him guilty.
1270
01:18:48,724 --> 01:18:51,523
Now is that the
verdict of you all?
1271
01:18:52,595 --> 01:18:55,190
- Yes, it is.
- Thank you.
1272
01:18:57,099 --> 01:19:00,900
I'm almost at a loss to
know how to respond to you.
1273
01:19:01,804 --> 01:19:04,467
It saddens me to
see a boy so young
1274
01:19:04,573 --> 01:19:08,704
rape his teacher,
who so cared for him,
1275
01:19:08,811 --> 01:19:11,371
trusted him, tried to help.
1276
01:19:13,282 --> 01:19:17,845
Yes, Mr Sorrell, I will hear
your plea for mitigation.
1277
01:19:17,920 --> 01:19:21,652
My lord, Paul Lawrence is
what is known as a wrong 'un.
1278
01:19:22,391 --> 01:19:24,360
He knows he's a bad lot
1279
01:19:24,460 --> 01:19:27,453
and knows he cannot help
himself doing what he does.
1280
01:19:31,834 --> 01:19:33,234
Viv?
1281
01:19:35,437 --> 01:19:37,599
I hoped I'd avoid you.
1282
01:19:38,274 --> 01:19:39,742
Are you going to see him?
1283
01:19:40,843 --> 01:19:43,176
I won't give up on him.
1284
01:19:43,245 --> 01:19:46,443
The important thing is to salvage
something with my daughter.
1285
01:19:46,515 --> 01:19:47,608
Good.
1286
01:19:49,351 --> 01:19:52,150
- Thank you for all you did.
- Oh, what did I do?
1287
01:19:53,555 --> 01:19:55,649
You helped give me my life back.
1288
01:19:58,093 --> 01:20:00,062
I won't see you again, will I?
1289
01:20:08,604 --> 01:20:11,005
Judge, your jury is coming back.
1290
01:20:12,207 --> 01:20:15,575
Already? They can
hardly have deliberated yet.
1291
01:20:21,550 --> 01:20:23,678
Mrs Hurst.
1292
01:20:24,753 --> 01:20:26,813
You know my answer, Mr James.
1293
01:20:26,889 --> 01:20:28,482
I can't help.
1294
01:20:37,199 --> 01:20:39,600
Madam Foreman, have you
reached a verdict already?
1295
01:20:40,035 --> 01:20:41,628
We have, sir.
1296
01:20:41,737 --> 01:20:44,866
- And it's the verdict of you all?
- Yes, sir.
1297
01:20:44,973 --> 01:20:47,033
Very well. Mr Harrison.
1298
01:20:47,142 --> 01:20:48,440
Stand up.
1299
01:20:49,812 --> 01:20:55,513
On the charge of murder, how
do you find Alan Peter Ferns?
1300
01:20:55,617 --> 01:20:57,415
Guilty or not guilty?
1301
01:20:59,822 --> 01:21:00,846
Not guilty.
1302
01:21:00,923 --> 01:21:02,983
- Yes!
- Yes!
1303
01:21:03,092 --> 01:21:04,355
Thank you.
1304
01:21:05,928 --> 01:21:10,696
I cannot hide my view that the
verdict of the jury is perverse.
1305
01:21:10,766 --> 01:21:13,031
However, you are
free to go, Mr Ferns.
1306
01:21:15,070 --> 01:21:16,936
All rise.
1307
01:21:22,845 --> 01:21:25,280
- Congratulations.
- Thank you. Thank you.
1308
01:21:25,881 --> 01:21:28,112
Mrs Mills. Thank you.
1309
01:21:29,651 --> 01:21:31,347
Congratulations.
1310
01:21:34,656 --> 01:21:35,919
Well done, Jo.
1311
01:21:35,991 --> 01:21:39,086
It's the legal equivalent
of walking on water.
1312
01:21:40,129 --> 01:21:42,621
Mr Ferns, would you care
to comment on the verdict?
1313
01:21:42,731 --> 01:21:46,395
I owe a big debt of
gratitude to my legal team,
1314
01:21:46,502 --> 01:21:48,232
especially my
barrister, Mrs Jo Mills.
1315
01:21:48,337 --> 01:21:50,772
- What are your plans?
- To stop child abuse.
1316
01:21:50,839 --> 01:21:54,435
Britain is becoming the centre
of a liberal child-abusing culture.
1317
01:21:54,510 --> 01:21:56,638
Too many paedophiles are
protected by inadequate laws
1318
01:21:56,712 --> 01:21:58,647
that favour abusers
and fail our children.
1319
01:21:58,714 --> 01:22:00,683
We're being swamped
by these degenerates.
1320
01:22:00,749 --> 01:22:02,149
What would you do with them?
1321
01:22:02,251 --> 01:22:05,278
Well, scum like Baylis
don't deserve to live.
1322
01:22:05,354 --> 01:22:07,298
It's the duty of every
decent citizen in this country
1323
01:22:07,322 --> 01:22:08,847
to take arms against them.
1324
01:22:08,924 --> 01:22:11,519
If the police won't act,
our organisation will.
1325
01:22:11,593 --> 01:22:13,926
We'll out every last
one of them. Thank you.
1326
01:22:13,996 --> 01:22:16,795
How do you feel about the
seven years you've already served?
1327
01:22:16,899 --> 01:22:18,094
Jo?
1328
01:22:18,901 --> 01:22:21,769
It suddenly it feels like
I have cement boots.
1329
01:22:27,276 --> 01:22:31,179
Come with us,
Jo. You'll love it.
1330
01:22:31,680 --> 01:22:33,546
My whole life is here.
1331
01:22:34,416 --> 01:22:38,615
- It's a huge decision.
- Life-changing decisions usually are.
1332
01:22:41,323 --> 01:22:43,315
It would be worth it, I promise.
1333
01:22:44,993 --> 01:22:47,019
Why don't you stay?
1334
01:22:49,765 --> 01:22:52,394
Jo, I can't uproot
my children again.
1335
01:22:52,501 --> 01:22:54,231
But what about my children?
1336
01:22:56,572 --> 01:22:59,007
How are we going
to resolve this?
1337
01:23:02,578 --> 01:23:04,589
The thing is, I'm not sure
that Michael will go without you.
1338
01:23:04,613 --> 01:23:06,479
Oh, gosh, no pressure.
1339
01:23:09,351 --> 01:23:10,546
Jo...
1340
01:23:11,887 --> 01:23:17,656
I have been turning corners all my
life and not met anyone like you till now.
1341
01:23:22,798 --> 01:23:25,029
The train leaves
at 7 p.m. tomorrow.
1342
01:23:26,001 --> 01:23:27,629
I've got three tickets.
1343
01:23:34,710 --> 01:23:36,804
I could come out later.
1344
01:23:37,813 --> 01:23:40,510
Yeah, you could, but would you?
1345
01:23:43,919 --> 01:23:45,581
I love you, Jo.
1346
01:23:46,522 --> 01:23:48,150
Michael!
1347
01:23:53,428 --> 01:23:54,987
What are you looking at?
1348
01:23:55,631 --> 01:23:59,727
It was a brilliant result.
You'll be in great demand.
1349
01:23:59,801 --> 01:24:02,270
It feels like my very
worst day at the bar.
1350
01:24:05,574 --> 01:24:08,442
It more or less decided me to
go to South Africa with Marc,
1351
01:24:08,510 --> 01:24:10,604
if only to get Michael settled.
1352
01:24:11,547 --> 01:24:13,880
Jo, you hardly know this man.
1353
01:24:13,949 --> 01:24:17,249
He's Michael's dad.
He can't be all bad.
1354
01:24:17,319 --> 01:24:19,845
- He says he loves me.
- I love you.
1355
01:24:26,228 --> 01:24:28,322
If you go, you won't come back.
1356
01:24:39,675 --> 01:24:42,201
Train's at 7:00
this evening, John.
1357
01:24:47,015 --> 01:24:48,108
Jo...
1358
01:24:51,086 --> 01:24:54,284
I know I have no right to ask
you after the way I've behaved.
1359
01:24:56,858 --> 01:24:58,349
Please stay.
1360
01:25:16,111 --> 01:25:17,355
JO ON ANSWERING
MACHINE: Hello, this is Jo Mills.
1361
01:25:17,379 --> 01:25:18,979
Leave a message
and I'll get back to you.
1362
01:25:20,415 --> 01:25:22,748
Jo, we're all ready. Do
you want us to pick you up?
1363
01:25:22,851 --> 01:25:25,548
I'll try your cell
phone. I love you.
1364
01:26:13,201 --> 01:26:14,726
Hello, John.
1365
01:26:14,803 --> 01:26:17,272
Hello? I'm late.
I'm just leaving.
1366
01:26:17,372 --> 01:26:20,240
Yeah, John, I can't talk,
my battery's... Hello?
1367
01:26:20,308 --> 01:26:21,435
- Hello?
- Jo?
1368
01:26:48,837 --> 01:26:50,362
Thank you.
1369
01:27:51,733 --> 01:27:53,759
Come on, let's go.108786
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