Original subtitles

- One more day and you're free, Alan. - Yeah, I'll miss all this study time.

Yeah, I bet.

- You're a dead man, Baylis. - You can't touch me.

He's got a rope!

You have a pre-trial next.

A Mrs Hurst. She wants to sue the council.

- Over what? - She adopted a wrong 'un,

only nobody told her, it seems.

This is her third attempt, Judge.

You threw it out a year ago. Her papers weren't filed correctly.

Ask the Presider to take it, would you?

Well, I can't hear it, John.

I've got her adopted son.

The schoolboy who raped his teacher.

I could let you take that instead.

Vera?

My wife's insisting on sitting on the bench with me on this one.

Quirky privilege.

Come in.

- And how's our new pupil doing? - He's a star.

Bellman have been on again, miss,

asking if I persuaded you to take on the Alan Ferns defence.

I can't see a defence.

He was caught on a CCTV camera. He should plead guilty.

The thing is, miss,

Bellman have a huge fraud case coming up.

A private payer.

Chambers would do very nicely from it.

Yes, I know the pressure, Tony.

The prisoner did ask for you.

Hmm. Should I feel flattered?

He's very bright, miss. He's taken two law degrees in prison.

Well, then he should know he hasn't got a case.

I'll think about it. Talk it over with Michael.

That's all right. I don't mind.

Oh, hello. Nice of you to come.

There is no defence, Mr Ferns.

Your best option would be a deal with the CPS.

And what about provocation?

Is there evidence the victim provoked you?

He abused boys no older than the one you're looking after.

I have no regrets, Mrs Mills.

Baylis claimed he was innocent.

Well, we know of at least eight children he abused.

The provocation would need to have produced

a pretty instant loss of self-control.

He got three months.

Half the fathers in the country probably wanted to kill him.

Still not a defence.

Well, people are saying I'm mad to do what I did.

I only had a day of my own sentence left to serve.

Diminished responsibility could be a runner.

If we can show that you were suffering from an abnormality

that impaired your mental responsibility.

Well, I didn't lose all reason.

Then what would you hope to convince a jury of?

That I acted in defence of others.

To prevent a crime?

Is that it?

- Barry Baylis was in prison. - Yeah.

But he'd have got out in a few weeks and he'd have preyed on other children.

Well, despite his passionate belief, I'm not sure he has any genuine defence.

Oh, come on, Jo.

Remember that speech you gave to the local Law Society,

"Defence is part of the process.

"In our legal system,

"every prisoner deserves the best possible defence, regardless."

- Where'd you dig that up? - I didn't.

Alan Ferns did.

- Hello. - Hello.

Hello, Mrs Tredaway. Did we have an appointment?

No.

How are you getting on with the cello, Michael?

Oh, all right.

Can... Can we talk inside?

Of course.

His teacher says he could be very good.

He is already.

Mrs Mills.

A man who thinks he's Michael's father has made contact with the council.

What?

Is that possible?

He says he had a brief affair with Diana Hulsey.

The time would fit.

He's come all the way from South Africa.

On the off-chance that he might be?

- He'd like to meet Michael. - He can't.

I mean, even if he is the father, he's had nothing to do with him.

He says that was less to do with him than Michael's mother.

Does he have any rights?

If his DNA test is positive, then we'd encourage contact.

And where does that leave me?

Yes.

I couldn't bear to lose him.

- Does Michael know about this man? - No, I haven't told him yet.

He might not be his father.

I've got a feeling he is.

If he is, you could fight him.

Oh, I feel sick.

You haven't lost him yet.

What should I do, John?

How might Michael feel about him?

How would you have felt if your real father had shown up?

My lord, the case we're asking you to set down for trial

is clear and unequivocal.

Under Regulation 12 of the Adoption Agencies Regulations 1983,

it's appended to my skeleton in your bundle,

Rotherwas Council has a duty to provide the adopter,

Mrs Hurst and her husband,

with written information about, among other things,

the personal history of the child.

We would argue that what they left out of the reports on Paul Lawrence,

who was 11 years, eight months at the time,

was deliberately misleading as to his true character.

Do you have evidence that indicates

that the council painted an untrue picture?

Well, we will be seeking Your Lordship's permission

to search the council's database.

So far, they have refused to provide us with the...

No, my lord, to do so

would put the council in breach of the Data Protection Act.

Well, if there is any evidence to support his claim,

the council can't resist it.

The council is protecting some of the most vulnerable members of society

by its refusal.

Let's see if Mr Stafford Clark makes his case first, shall we?

I'd like to hear that.

The council's duty was breached first

by an adoption officer, Margaret Tredaway,

concealing information about Paul Lawrence,

second, in destroying it.

My lord, counsel for the claimant is offering as fact

that which is merely hypothesis.

He may well have fact.

Mr Stafford Clark.

Third, my lord, as the result of point two,

Mrs Hurst's 10-year-old daughter

was sexually assaulted by the adopted child.

We would argue that the council could have foreseen this,

but did nothing to alert Mrs Hurst and her husband.

If that proves to be the case, it could result in criminal proceedings.

Mrs Hurst didn't lightly enter into this action.

Trying her utmost to settle her adopted son has cost her marriage.

Thank you.

How far in is the schoolboy rape case?

Oh, Mr Justice Everard is hearing some legal arguments now, Judge.

Mrs Hurst took on a tough nut when she took on that boy.

It's surprising what some people do.

My brother and sister-in-law foster children.

Some of them have stolen money from them,

one attacked them, but still they do it.

It seems Mrs Hurst can't give up on this child,

in spite of all he's done.

Well, I don't suppose she can, not after losing her son.

She crashed into a builder's truck,

and a scaffolding pole went through the windscreen

and killed her son.

Mrs Channing, whilst I don't want to turn this

pre-trial hearing into a trial,

there are some questions that I would like answered.

Is there anyone here from the council?

The case officer, Mrs Tredaway.

Ah, yes. Would you mind?

Mrs Tredaway, after Mr and Mrs Hurst had established their suitability,

how did you settle on Paul Lawrence?

Through a series of meetings.

Yes, that's clear from the file.

What I mean is how was Paul Lawrence chosen?

Well, Mr and Mrs Hurst met a number of children around Paul's age.

They wanted an older child.

And was Paul receptive to them?

No. He was rude.

Mr Hurst wanted to reject him.

But he changed his mind?

I think Mrs Hurst persuaded him to take on the child least likely to be adopted.

Paul.

Did you paint an overly optimistic view of this boy?

We didn't paint any.

His actions said everything. He was hostile from day one.

All right, thank you.

Mr Stafford Clark?

Yes, there are some questions, my lord.

Mrs Tredaway, how much information was given

to Mrs Hurst and her former husband about this boy?

It's difficult to be precise. Mostly, it was given verbally.

Did anyone minute the meetings?

That doesn't usually happen.

Even though parents are at their most

emotionally vulnerable on such occasions,

you saw no reason to keep a written note?

No. We don't do it that way.

So when you indicate you fully informed Mrs Hurst

as to the dangers this boy posed,

we only have your word, Mrs Tredaway.

Thank you.

Mrs Channing.

How long have you worked in adoption, Mrs Tredaway?

Eight years.

How many adoptions have you supervised in that time?

About 300.

Before Mr and Mrs Hurst adopted Paul,

were you certain they knew what they were taking on?

Mrs Hurst kept pushing for him.

It was obvious Paul was very vulnerable,

but having begun the process of choosing him, we felt we couldn't abandon him.

The choosing process is horrible. A sea of appealing faces.

Were you warned by the council that he might be difficult?

Yes.

We felt they almost didn't want to place him.

They seemed to be punishing him.

What was your husband's view?

He thought the council was behaving shamefully.

It was only after Paul came to live with us that he had doubts.

Before the adoption?

Towards the end of the trial period. He thought Paul was too disruptive

and he needed all our attention.

Why did you choose him, Mrs Hurst?

I've asked myself that many times.

I thought he deserved a second chance.

Well, no, not a second chance. He'd never had a chance.

Mr Stafford Clark.

Mrs Hurst,

at what point did you invest emotionally in Paul?

I'd met him about three times when I knew he was the one.

I felt strangely drawn to him.

At any point in your approach to Paul or during the trial period,

did anyone from the council tell you he posed a danger to your family?

No, no one did.

Isn't it true, Mrs Hurst, you were warned again and again about the boy,

but went ahead anyway?

People were negative and hurtful about Paul.

Never once did they say he was dangerous.

Didn't Mrs Tredaway say to you on your fifth visit with Paul,

and I quote, "He could cause your family a great deal of grief"?

I don't recall her saying that.

Perhaps you didn't want to hear the warnings.

I wanted to give Paul a chance in life.

They never seemed to want him to have that.

This is painful for you, Mrs Hurst,

but it's likely to get more painful if it goes to a full hearing.

Mr Stafford Clark, I am going to allow the claimant

limited access to the council's database

and I will have this matter back here in one week.

All rise.

Go, tackle him.

What makes a woman want to take on the likes of Paul Lawrence?

Isn't the argument about whether

the report gave a more optimistic picture than was true?

The picture the council painted wasn't that optimistic.

Mmm.

It could be that Vivienne Hurst feels guilty about the loss of her son.

She may have picked the most difficult child to adopt to punish herself.

She punished the whole family then.

Perhaps subconsciously she wanted to destroy them all.

- It's a very dangerous course to take. - Mmm.

How's your sabbatical going?

I'm taking on Alan Ferns.

You do know that I'm hearing it, don't you?

I can live with that if you can.

Won't taking on more work prejudice your chances with Michael?

- Yes! - Ah!

Well done! Good shot!

Jo, the CPS has asked me to make Alan Ferns an offer,

against my advice, I have to say.

They'll accept a plea of guilty to manslaughter.

Has the CCTV footage faded?

No, nor has the jury's dislike of nonces.

I'll see what he says.

Manslaughter should mean another 15 years in prison.

As your lawyer, I have to advise you this is a good offer.

Well, you know what public feeling is.

The Sun called Baylis a monster.

So I think I'll take my chances

with the ordinary men and women on the jury, Mrs Mills.

Thank you.

Stand up, please.

Alan Peter Ferns,

to the charge of the murder of Barry Baylis,

how do you plead, guilty or not guilty?

Not guilty.

Sit down.

What exactly is your defence, Mrs Mills?

Prevention of crime, my lord, a pre-emptive strike.

I don't see how.

The victim was in prison. I believe there is CCTV footage of the entire act.

Perhaps I should make the court aware that the Crown has indicated

that it might accept a plea to a lesser alternative.

Which my client won't accept.

- You pointed out the advantages? - He sees only disadvantages.

Thank you.

You realise that you risk a life sentence

if you're found guilty of murder, Mr Ferns?

Yes, I do, sir.

If you run this, I am going to have to tell the jury

what the limitations of such a defence are.

Everyone has the right to a defence, my lord.

Thank you.

Why don't you try diminished responsibility?

Mr Ferns knew what he was doing.

Prevention of a crime can only apply if the victim, Baylis,

was threatening to kill or seriously injure someone and that threat was real.

That's the defence we're running.

Fine. Let's swear the jury.

Alan Ferns, the defendant,

killed Barry Baylis, a security executive.

This, ladies and gentlemen, is an indisputable fact.

The whole act was captured on a CCTV camera

in the prison where the deceased man was serving a three-month sentence.

The prosecution's contention

is that the defendant, Alan Ferns, planned this killing

in the most cold and calculating of ways.

He didn't attack Baylis in the heat of the moment.

It was entirely premeditated.

With your leave, my lord,

I'd like to make an opening address to the jury

to explain the issues at the outset.

This is not usual, Mrs Mills, but I'll allow it in these unusual circumstances.

At the time of the killing,

Mr Ferns was at the end of a seven-year prison sentence for assault.

He'd taken the law into his own hands and attacked a paedophile.

This was a crime for which Mr Ferns freely admitted guilt,

though he'd shown no remorse,

which was why he served all of the seven years of his sentence.

Mr Ferns only had one day left to serve.

One day before his release.

I'm telling you this, ladies and gentlemen,

because I want you to know what was at stake for Mr Ferns

when he felt compelled to kill Mr Baylis.

What is at issue here is whether or not he was justified in doing this.

Mr Baylis had been given only a three-month prison sentence

because he failed to produce the hard drive of his computer

during his trial for sexual abuse of a nine-year-old.

In the past five years, Baylis had been arrested no less than eight times

for offences against children.

On each occasion, he had evaded prosecution.

Nothing, it seemed, would stop Mr Baylis

in his pathological pursuit of young children.

Not the police, the courts,

nor the ludicrously short prison sentence he had received.

Mr Ferns acted as he did

to prevent others being preyed upon.

Come on in.

You've got some news for me about Michael's alleged father?

Yeah.

His DNA test was positive.

And now I'm supposed to bow out of Michael's life?

Well, Michael should meet him first.

How long is he here?

I think that depends on how Michael responds to him.

- If he doesn't like him? - I suspect he'll leave.

Does he have a family?

Two teenage sons. They live with him in Cape Town.

He's called Marc Thompson, 46, divorced, cardiovascular surgeon.

Would you like me to broach the subject with Michael?

I'd like to meet Mr Thompson first. Give him my number.

How's it looking for Paul Lawrence?

Not good.

His adoptive mother claims

that the council failed to disclose his full history.

Well, they're arguing that the teacher consented.

I don't see it myself.

Mrs Hurst given evidence?

You know, she's in court every day.

You know, I really don't see why anyone would take this boy.

He's 13, John, he scares me half to death.

- Would you mind if I sat in? - No, by all means.

Your legal position is not good.

Michael's father could fight you for custody.

The Judge is going to be delayed by about half an hour.

- I'll come and find you when he's ready. - Thank you.

- Tea? - Yeah, go on.

Paul Lawrence had been in and out of care

since his grandmother's death when he was three years old.

How did Paul's grandmother die?

She was murdered by another drug addict who tried to steal her drugs.

What effect do you think this might have had on Paul?

My lord, this witness is not qualified to answer that.

I'd like to hear his answer all the same.

I'd say that was probably the start of all his violent anti-social behaviour.

What evidence is there of this anti-social behaviour?

He was uncontrollable at school.

He displayed sexually predatory behaviour both there

and to female members of foster parents' families.

There's no reference to this in the council's reports.

I certainly told colleagues about him.

If this boy was as dangerous as you say, why would anyone adopt him?

I think his parents were terribly brave.

- I'm looking for Mrs Mills. - She's there.

All right. Thanks.

They haven't gone awry yet, Jo.

Sitting as a circuit judge would stabilise your life.

I'm not saying it would help much.

Excuse me. Mrs Mills? I'm Marc Thompson.

Em, Mrs Tredaway from the council said I should contact you.

I did telephone your clerk.

Who told you I'm in the middle of a murder trial. Excuse me.

Jo, it's not for me to interfere...

- He's Michael's father. - I guessed as much.

How long will you be able to avoid him?

I know, it's stupid of me.

Mr Thompson?

I must apologise for my behaviour. I'm sorry.

Well, it must have been a big shock.

Well...

Would you like a cup of tea?

If it won't make you late.

We haven't started yet.

Michael's doing very well at school.

Yes, the social services told me he's very bright.

- I've grown very fond of him. - Yes, I can see that.

Perhaps I should leave well alone.

You're his father. He has to know.

His mother made no attempt to contact me.

- Did she know where you were? - I wasn't hard to find.

Perhaps because you were married?

She and Michael were very close.

Do you think that my being here will upset him?

When you've lost the person who was the centre of your life,

breathing upsets you.

What we have to assess is what's in Michael's best long-term interests.

Have you reached any conclusion?

I think he ought to at least meet you.

Mr Sweeney, during the course of your duties,

had you been able to get close to Alan Ferns?

Yes. He was quite friendly.

Why didn't you come and get me?

Clive did. He said you were deep in conversation.

What was the defendant's state of mind

prior to the death of Mr Baylis?

Perfectly calm. Lucid.

We'd been talking about his second degree he'd just got.

Was he agitated or emotional?

No. He was calm, looking forward to his release.

Thank you, Mr Sweeney.

Did he talk about what he'd do after his release?

He was going to work for the charity he'd started.

Did you know what Mr Ferns was serving his sentence for?

Beating up a paedophile.

Was it sensible letting a paedophile near Mr Ferns?

My lord, the allegations against the victim in this case were never proven.

For all we know, Mr Baylis was never successfully prosecuted for child abuse

because he was wholly innocent.

Remind us what Mr Baylis' sentence was.

Er...

Three months, my lord.

- Thank you. - For perverting the course of justice.

The main case against him collapsed.

Mrs Mills is free to speculate on whether or not Baylis was a paedophile.

But since he was never convicted, it remains only speculation.

Mrs Mills.

Did Mr Ferns comment on the puny sentence Baylis received?

He was outraged. We all were.

Did the defendant make any threats about Mr Baylis?

He said someone ought to top him.

Did he seem fearful of Baylis getting out of prison?

He was pretty wound up about it.

He'd got a lot of information about what Baylis had done to children.

Did he ever speak about his own childhood?

Not really.

Word was he'd been sexually abused by his mother's boyfriend.

Were you surprised at Mr Ferns killing Mr Baylis?

I can't say I was.

Despite it being the day before his release?

He believed Baylis and his kind had to be stopped.

Stopped from abusing children.

My lord.

Mrs Mills, would you care to rephrase your statement?

No, I don't think I would.

I would like you to disregard defence counsel's last statement.

It is incumbent upon counsel to ask questions,

not make statements.

Do you ever think about your father, Michael?

Sometimes, when the other dads come to school.

Do you wonder what he's like?

I don't have a father.

I met him today.

He's very nice.

He's been living in South Africa. He didn't know about you.

Mum said I don't.

Well, perhaps she didn't tell you because she wasn't sure of him.

I've got to do cello practice.

Michael, can we talk?

- I have to practise. - You can practise later.

I have to do my homework.

Sweetheart, sometimes grown-ups don't tell children things

because they want to protect them.

Why didn't he come and get me?

He didn't know anything about you till now.

Do I have to go with him?

Would you like to meet him?

- No. I don't like him. - On what evidence?

If you're going to be a barrister, you have to learn to assess the evidence.

I don't want to be a barrister.

I don't blame you.

What's his name?

Is it curiosity

or are you assembling evidence?

It's Marc Thompson. He's a surgeon.

- But I'm not called Thompson. - No, you've got your mum's name.

He seems very nice.

Will you marry him?

That might solve problems for you. It wouldn't for me.

Because you love the Judge?

Maybe.

We could meet your dad somewhere for tea.

Sergeant Martin, were you the detective

who led the investigation into the murder of Mr Baylis?

Yes. It was an open-and-shut case.

The whole thing was acted out on a CCTV camera.

Can we see that, Mr Usher?

Some of you may find this disturbing, ladies and gentlemen.

Is this the tape that was removed from the camera following the killing?

- Yes, it is. - Thank you.

Was the victim known to the police, Sergeant?

He had been under investigation a number of times.

Isn't it true that he'd been in court no less than eight times

- for indecent assaults on children? - Yes, he was.

- My lord... - Each time he managed to escape justice.

Really, my lord.

Yes, all right. Mrs Mills, this is not a proper line.

The victim of Mr Ferns' attack is not on trial.

No, my lord, that's the whole point. He should have been.

If it wasn't for his escaping justice, my client wouldn't be here.

Mrs Mills, enough.

Now, I take it you have no more questions.

No, my lord.

Mr Norwalk, do you want to come back?

No. Thank you, my lord.

Thank you, Detective Sergeant. You can step down.

Thank you.

The Crown would like to call Dr Margot Lupton.

Dr Lupton is a clinical psychologist who examined the defendant

prior to and subsequent to his killing Mr Baylis.

Over what period did you examine the defendant?

On and off over four years.

And did you reach any conclusions?

Mr Ferns is intelligent, articulate, capable of grasping abstract concepts.

He's highly opinionated, somewhat bigoted,

has a strong need to always be right.

And did you describe him in one of your reports

as having a pathological need for revenge?

Yes, I did observe that.

And what was the basis of this observation?

He was serially sexually abused as a child and as a result

feels he has an absolute right to inflict punishment on paedophiles.

And would this justification have extended to Barry Baylis?

Mr Baylis would have fitted entirely the model

Alan Ferns needed to avenge himself on.

Even though he had not been convicted of child abuse?

Well, that in a sense made him a more suitable target.

In Mr Ferns' eyes, the law had failed to punish Baylis, so he had to.

Thank you.

You don't like Mr Ferns.

I don't think that's true.

Well, then look at item 37 in your bundle,

your report on Mr Ferns over a four-year period.

"An arrogant egoist who always has to have the last word."

It's true. That's how he is.

"Always using his intellect to belittle me in group sessions."

He does do that.

Isn't it true that Alan Ferns' intellect

put him and you on a dangerous collision course?

I think he uses his intellect to mask the pain he's feeling.

Did he ever talk about the pain he was feeling?

Not really. It was too deeply buried.

Could it be that he had worked through that pain and overcome it?

I don't think he did.

The pain merely manifested itself in fantasy.

He would act out those fantasies

through his Mr Right personality, correcting injustices in the world.

Killing Mr Baylis was part of that fantasy.

He did so with premeditation

in the clear belief that he was right to do so.

This is a man who, despite his background,

managed to study and get

two first-class law degrees whilst in prison.

Is that indicative of someone who hasn't overcome

the incapacitating traumas of his childhood?

It is my belief that he'd overcome little

because he still harbours vengeful feelings towards paedophiles.

Could he not have been so overwhelmed by a sense of injustice that he had to act

because he thought the man so dangerous he had to be stopped?

That is a delusion he operated under.

"I am right."

Isn't that what you're doing with your opinion?

Mrs Mills, Dr Lupton is an expert witness.

Her observations are given based on her qualifications and experience.

Yes, formed as a result of a personality clash

where she wanted to appear superior.

Mrs Mills, the Judge wants a word.

- Me too, Mrs Cooper? - No, just Mrs Mills.

I can't. I'm rushing to meet Michael's father with Michael.

I can't be late. I'm sorry.

Michael's father?

Is he the dark-haired man who was with her in court?

I didn't notice him, Judge.

No, he's not very noticeable.

Do you want Mrs Hurst back tomorrow?

Yes, please. Would you tell the parties involved?

He's got two children. They live in Cape Town.

How nice.

Now I don't know much about Cape Town, but he seems terribly nice.

- What if he doesn't like me? - It's not possible, Michael.

- How do you know? - Some things you just know.

On the other hand, you might not like him.

In which case, we'll run.

Thank you. Thanks.

Right, you're sure you don't want tea, Michael?

- That's okay. - He does tend to drink water.

It's fine. I want water.

Okay.

Oh, well, can you manage the top?

- Yeah. - Okay. Yeah. Thanks.

Thank you.

What's your best subject?

I like maths best.

Oh, well, that was my favourite subject.

Was it your best?

No. No, physics was my best subject.

We don't do physics until the big school.

Well, maybe I didn't till my big school.

- Why did you become a surgeon? - I'm not sure.

I hated dissection at school.

Always thought it was cruel and pointless.

So did I.

I ran out of class when they started cutting up frogs.

Did they use real animals?

Oh, yeah, that's what they were.

What did your teacher say?

I made such a fuss, they stopped using the animals.

Good for you. I like people who stand up for their beliefs.

Mum and I went on a protest march against hospital cuts.

Was Mum active politically?

- I don't know. - But you went on demonstrations?

Sometimes we did.

Did you do everything together?

I don't like this.

- Would you like something else? - No, it's all right.

- You don't have to be so polite. - I know I don't.

You're very forthright, Michael.

Is that good or bad?

I'd... I'd say it was good, mostly.

Under water?

I'm just gonna... I'll see you in a minute, okay?

Yeah.

- He is bright. - Mmm-hmm.

- He'll make a great barrister. - Oh, is that what he wants to do?

He talked about it when his mum was alive.

Did she suffer much?

She didn't complain if she did.

You're very coping, taking on Michael.

It's not hard to see why you've grown so fond of him.

I wish Mimi was here. It's more fun with her.

Why? Who's Mimi? Your daughter?

No. She's a dog. She belongs to the Judge.

Is he someone special?

He was my pupil master.

Is there something between you?

You said Michael was quite forthright. So are you, Marc.

Night-night, Michael.

He went right back to sleep.

Thank you for making our meeting so enjoyable.

Well, I expected it to take place in the council offices, with time running out,

and Michael having got no impression of me or me of him.

What impression do you have?

When I went to pay the bill at the hotel,

I watched you together.

And you were so caught up in your world, I thought I could never find a way in.

I should have just left.

It might be hard to now.

Why didn't you make things work for Diana Hulsey?

She badly needed someone.

I was...

I was struggling with my own marriage at the time.

And just as you think you've turned one corner in your life,

you realise what corners you've missed.

I'd better go.

Are you coming back?

Do you want me to?

It'll be hurtful for Michael if you don't.

Can we have lunch tomorrow?

- Be a sandwich at court. - Can I watch you again?

It's a public court.

Mrs Mills, the Judge is going to be late.

- He's got something else on the list. - Thank you, Mrs Cooper.

He'd like you and Mr Norwalk to join him for lunch at the lodgings.

Oh, I'm sorry, I have a lunch date with Michael's father.

I'll tell him.

All rise.

Mr Stafford Clark,

did the council's database reveal anything interesting?

Well, we didn't find a smoking gun.

But we still argue that Mrs Hurst

was not told the full extent of her son's background.

My lord, this is not a sustainable position.

The fact is the council revealed all that was necessary.

Mrs Channing, when a child as damaged as Paul Lawrence is put up for adoption,

the council should be as open as it can be

in reporting to prospective parents the details of his personality.

Mr Stafford Clark.

It is our contention that the council negligently withheld information.

Telling a parent that her son is a liar, a thief and a potential rapist

is a very different matter from telling a stranger.

The stranger's judgement would obviously be harsher.

By the time Mrs Hurst had received

the majority of the information on Paul Lawrence,

she had formed such a bond with him as to be his de facto parent.

This was brought about by deception on the part of Mrs Tredaway.

To call releasing information piecemeal a deception

is both emotive and unhelpful.

The first duty the council has is to protect the child up for adoption.

When two adults wish to adopt,

the council helps them decide on a child.

In this particular case, the parents were steered away from Paul Lawrence.

To quote Lady Justice Hale in the Essex case,

"The agency for adoption has a duty of care

"in respect of what information should be passed on.

"It must at least have a policy on divulging information.

"But, clearly, it may be appropriate

"to depart from that policy in individual cases,

"withholding information which would otherwise be given.

"That decision might well be made on the advice of the adoption panel."

Was the decision made after such advice, Mrs Channing?

- It was, my lord. - Mmm.

Either way, Mrs Hurst seems to have suffered greatly

from her involvement with this child.

I will adjourn to consider my ruling.

My clerk will inform you when I've arrived at it.

All rise.

JO ON ANSWERING MACHINE: Hello, this is Jo Mills.

Please leave a message and I'll call you back.

Jo, it's John.

I need to take your mind on the other case I'm hearing.

Something you said about Mrs Hurst and her suffering?

Please, could you spare me a couple of moments

after court today?

Come on.

Did you get any sense of Paul Lawrence's intention

at the end of your class?

No, he'd been responding

and I thought I was getting through to him.

Did he stay behind?

Yes. The lunch bell had sounded.

Paul's class was on first sitting, so they all rushed out.

Paul stayed back and asked me a question about the lesson.

I was flattered that he'd listened.

When I lent over the desk to explain further,

he squeezed my breast.

How did you respond?

I was shocked, but then I felt panic

because I didn't want to lose him now he was willing to learn.

He said,

"Oh, I thought you liked me. No one likes me."

And he caught his breath as if to sob.

I put my hand on his shoulder and I said,

"I do like you, Paul, but you mustn't touch me like that."

And he said that he was very sorry

and he took my hand.

Then he suddenly grabbed me and wrestled me to the floor.

And I hit my head as I fell.

Then he started pulling open my clothes.

He's no bigger than me,

but he kept me pinned down with his hand over my mouth.

- Could you make any sound? - No.

Not even afterwards.

I just laid there feeling sick with shock.

I must have been there for about 20 minutes,

then a colleague came in and found me.

We were supposed to meet at lunch.

What did you imagine you were doing,

putting your hand on a child who you allege

made a sexual advance to you?

Oh, I don't know, I was... I was trying to reassure him.

Miss Simpson, you consented to this act by Paul Lawrence, didn't you?

No. No, I didn't.

In fact, you enticed him into it.

Then afterwards, you felt you somehow had to cover what you had done,

so you accused him of raping you.

No, I didn't. It's not true.

Dr Niamba, I believe you pronounced Barry Baylis dead.

How was that?

I was holding my clinic at the prison hospital

when I heard the continuous alarm.

Did you stop treatments?

Not until a prison officer rushed in and said a prisoner was down.

That's code for dead.

I ran after him and found Baylis on the corridor floor

with baler twine around his neck.

I thought he'd hanged himself.

I could tell at once he was dead.

How long does it take to choke someone in the way you describe?

Not long. Two minutes.

How long from hearing the alarm to finding Baylis?

Two minutes. No more.

Didn't you examine him?

- I certainly did. - A brainstem death protocol?

I checked his pulse and his breath.

He was dead.

And you took longer from the alarm to finding Baylis.

Maybe five or six minutes.

No, we ran all the way.

Did you try to revive him?

He was dead.

Dr Niamba, at two minutes,

a person who is choking loses consciousness.

It takes five or six minutes to kill them.

Isn't that so?

Maybe.

Perhaps.

Were you aware of hostility amongst prisoners towards Baylis?

Yes.

A few hated him.

There were three guards on that block, two with first aid,

yet none attempted to revive Baylis?

No.

No one did.

Pretty short lunch. I thought judges led extravagant lives.

Not in this century, and certainly not with John Deed.

Oh, yeah, this is the judge with the dog that Michael likes.

- Mmm-hmm. - Hmm, perhaps we should steal it.

Can the Judge run fast?

For a cardiac surgeon, you have a lot of mischief in you.

I have to work at it. You know people take themselves

far too seriously.

Why did your marriage break up?

Uh, I'm sorry, it's painful.

I was, um... I was work-obsessed.

By the time I realised there was more to life than driving ambition,

Louisa had gone.

Couldn't you get her back?

- No, she found somebody else. - Hmm.

She didn't want the boys.

They took that very badly.

Oh, we all did.

But, um, we get over these things.

They're very, very settled now.

- Mrs Mills, Judge. - Thanks.

Thanks, Coop, could we have tea?

I can't stop, I've got to get back for Michael.

I seem to be seeing less of you now.

You shouldn't see me at all while I'm in front of you.

Perhaps I should give up the law. I want to see more of both of you.

You asked about Mrs Hurst.

Yes, you said you had some insight into her taking on this difficult trial,

you know, subconsciously wanting to destroy herself and her family.

It was only a surmise, John.

Only it seems that she's about to self-destruct

and I don't want to exacerbate her problem,

but I don't see that I have much alternative.

Mmm.

Sorry.

I could come and collect Michael with you.

- Mimi misses him. - No, it would be confusing for him.

His father will be there.

Ah, yes, what's he like?

Um, warm, forthright.

It's like love at first sight between them.

It's like they've never been apart.

He's like you. He's bright, hardworking.

Put himself through college and medical school.

He's a cardiac surgeon.

Has he stolen your heart, Jo?

I must dash.

It was a wonderful evening.

- We didn't do anything. - But that's what was so nice.

We didn't have to.

Even the silences felt natural.

So what are we going to do about Michael?

It's not a done deal.

The council have only indicated that you could get custody.

I could fight you.

What would Michael make of that?

I don't want to give him up, Marc.

Do you want me to walk away?

JO ON ANSWERING MACHINE: Hello, this is Jo Mills.

Please leave a message and I'll call you back...

Come on.

Mr Ferns, did you kill Barry Baylis?

Yes, I did.

I strangled him with a piece of baler twine

I was using as a belt.

Why did you do that?

To stop him ever abusing any other children.

Seven years ago, I went to prison for attacking a paedophile.

In that time, the organisation I helped found,

Lawyers Against Child Abusers,

estimate there have been over 90,000

serious offences committed against children.

Less than one percent of those offenders have been prosecuted.

Can you tell the court about your own childhood?

Mr Ferns?

My father had a breakdown when I was two and walked out on us.

I haven't seen him since.

The man my mother took up with...

He started sexually abusing me when I was five.

I was nine before I dared tell anyone.

What happened to him?

Nothing.

There wasn't enough evidence to prosecute him.

By this time my mother had become a drug addict

and I was taken into care.

One of the carers started to abuse me.

I thought all adults were like that.

I tried to commit suicide and ended up in a psychiatric unit.

There I met some kind adults

who helped me get a different view of the world.

And what of the men who abused you?

I tracked them down and exposed each one of them.

Were they prosecuted?

No.

The law couldn't do anything because of lack of evidence.

So, I beat them up.

One almost died and I went to prison for seven years.

How much of your prison sentence did you serve?

All but a day.

They wouldn't give me remission because I refused to admit

that what I did to those people was wrong.

Your childhood experiences must have left you very angry.

I won't pretend I wasn't angry.

And particularly resentful towards your abusers

who didn't go to prison.

Is that so?

At first.

And then I realised I couldn't take it upon myself

to beat up every child abuser,

so that's why I read law,

got a degree, founded Lawyers Against,

to prosecute these people when the authorities won't.

Isn't this organisation simply a front to out paedophiles

who you can later vent your anger on?

Ask some of the lawyers who've joined us if it is a front.

What were you thinking when you attacked Baylis?

How he'd never get to harm another child.

What evidence had you got that made you superior

to the courts and due process?

Oh, we'd made enquiries, we knew he was a child abuser.

- But you had no evidence. - Well, it takes time.

And he was very clever.

That's why he kept escaping the law.

You haven't forgiven your abusers, have you?

What do you think?

I think you'd like to do to them what you did to Mr Baylis.

I try not to think about them.

I think you think about them all the time.

When you attacked Mr Baylis,

you were thinking about your stepfather and carer.

No, I just wanted to stop Baylis.

You weren't protecting other kids when you attacked and killed this man.

You were just hell-bent on revenge! Weren't you?

No. No, that's not true.

We'll let the jury decide what's true, shall we?

Do you know what happens when you suffer that kind of abuse?

- Thank you, Mr Ferns. - You die inside.

That's what happened to me.

Abused children never really recover to become fully functioning.

- Thank you... - It's like you're not worthy inside.

You're dirty. You're not worthy of anyone's love and respect.

My life now is about not letting that happen to other children.

I don't... Thank you, Mr Johnson.

I don't want to hear "in defence of others"

in your closing argument, Jo.

- Those are my client's instructions. - The law is clear.

No one's being threatened.

The jury should be allowed to decide.

Yes, and they will. With direction from me.

Juries can get very exercised about paedophiles.

The jury may yet surprise us.

Don't you ever answer your phone?

It's been a hectic few days.

Michael's father must be keen.

The council told him he could claim Michael.

They'll support him.

Is he going to take Michael back to South Africa?

He has to go back soon, he has other children there.

He can't just take Michael.

He wants me to go with him.

It's always warm in Cape Town.

I'm really glad you found your father, Michael.

Won't you come with us?

I didn't say I wouldn't. It's just it needs a lot of thinking about.

I've got Tom and Mark to think about as well as you.

And my work.

Dad says you can be a barrister in South Africa.

Oh, does he?

He's got it all worked out.

Will you come with us?

Michael, if I don't,

it doesn't mean I don't love you. All right?

It's just a really big upheaval.

Dad says we could all make a new start.

It would be best.

Yeah, perhaps it would.

JO ON ANSWERING MACHINE: Hello, this is Jo Mills.

Please leave a message and I'll call you...

Excuse me, Sir John.

Cook wants to know if you're dining in.

Is Mr Justice Everard in?

Sir Monty and Lady Everard are at a reception.

Um, no thank you, Mr Johnson, I think I'll eat out.

Oh, Mrs Hurst, I'm sorry, I didn't recognise you.

Can I talk to you, Judge?

I'm not sure that you can, Mrs Hurst.

The council weren't being honest.

There are rules about talking to claimants outside court.

I'm sorry.

Just when I saw you, I knew I needed to speak to you.

Please?

If I don't speak to someone, I feel I'll go mad.

Would you like a glass of wine?

Uh, I don't want to take up your time.

It's boring eating alone.

- Are you eating alone? - Always.

The girls live with their father.

Could you get me another glass?

Thank you.

Do the girls blame you for what Paul did?

The eldest one barely talks to me now.

I didn't know he would abuse her. Of course I didn't.

It doesn't necessarily make the council negligent.

I thought we couldn't talk about this.

The girls can't understand why I stood by him.

Neither could their father.

I've already lost one son.

I was driving the car when... when he died.

He was telling me about his teacher.

Doing his voice.

He was a brilliant mimic.

I only took my eyes off the road for a second...

It was an accident. You should forgive yourself

- for what happened. - No.

It was my fault. I killed him.

Can you accept the responsibility without attaching blame?

Is that what you think I'm trying to do?

Perhaps you should care for the family that you still have.

I can't abandon Paul.

Too many people have already done that.

It's a tough hurdle to overcome when you're a child.

That happened to me.

I was adopted. My adoptive mother committed suicide

when I was a bit younger than Paul.

I mean, it wasn't anybody's fault, there wasn't anybody I could blame.

I think you're suffering, Mrs Hurst.

We would think that our day in court is going to resolve things,

make us free.

We think it will bring closure. Quite often,

it just opens wounds even deeper.

You need to go on with your life.

I don't know how to, Judge.

You've got to find a way.

At best, all a trial will do is enable you to shift the blame

from yourself to the council.

The situation will remain the same.

Then what's the point of courts?

Often they have no point other than to codify our behaviour

because we don't know how to relate to each other.

Do you think we ever did?

When was the last time you had a conversation like this?

Oh...

I should go.

I think you should have your glass of wine.

For the first time, you look like you're not going to break.

Well, it is a relief to talk to someone who understands.

- So, I'm defending a dog... - Mmm-hmm.

On appeal, under the Dangerous Dogs Act

and it bit me.

So I'm standing in front of this judge, blood pouring from my hand,

and I'm trying to convince him that this dog is not dangerous.

You're a very different person when you laugh.

- Oh, I haven't laughed for a long time. - You should do it more often.

I haven't dared let myself have an evening like this since...

I'd forgotten what it could be like.

I must go.

Where are you going?

Back to your flat to be depressed?

You want to make love to me.

It's very dangerous for me even to have such thoughts.

Mr Johnson, who is that woman going away in a taxi?

I believe she was a guest of Mr Justice Deed, my lady.

No, I do hope she wasn't.

Did she come for breakfast?

I really don't know, my lady. I don't serve breakfast.

Mr Johnson, you're the butler, you're supposed to know everything.

Where's my husband?

Although Mrs Hurst, um, and her husband

were treated in less than ideal fashion over the adoption of Paul Lawrence,

the council, I find, was not wrong in its proceedings.

Enough information was given for them to make a fair and reasoned judgement.

The fact that they then took Paul on is very much to their credit.

That the adoption went so badly wrong in no way reflects upon Mrs Hurst.

She has this court's heartfelt sympathy

and it is hoped that she can somehow pick up her life.

The full text of this ruling

will be on the court service website next week.

All rise.

John.

John, you all right?

- Was Mrs Hurst in your court today? - No, she was not.

Vera says that she saw her leaving the digs this morning.

Yes, she wanted some advice.

You are not the person to give it. She's before you as a claimant.

Hopefully I was able to help her.

Well, the fact is that she shouldn't have visited you.

As Presider, it is incumbent on me

to ensure that such liaisons don't happen.

Yes, I know who I can and cannot see, Monty.

It's very dangerous.

It could embarrass you and the bench.

Monty, I'm not sure that I give a damn!

Mr Justice Deed had sexual relations with this woman?

I doubt they spent the time discussing the price of coffee.

In his room?

I'm told the servants weren't asked to make up a spare room.

This time we have him. We really do.

We've never been able to pin him down

on his sexual relations with the female bar.

With a claimant, it's judicial suicide.

That's a dangerous assumption, Ian. You have no evidence.

Come on, Monty.

The only way to find out if it's true is to confront him, Monty.

- Good idea. Let's. - No, Vera.

You'll do no such thing.

John Deed is a High Court Judge.

Ian can decide how to proceed.

I would urge caution.

It's a simple question. Was this woman in your room?

It's not simple. It's loaded.

If true, it could do you a great deal of harm.

Yes, I'm sure it could.

My lord, if the newspapers were to get hold of this...

Only if you were to give it to them, Ian.

It's your reputation we're at pains to protect.

Thank you for your concern.

Mrs Cooper.

Did you hear any of that?

More than I wanted to, Judge.

There could be trouble.

We've had plenty of that.

Mrs Mills still in the building?

I saw her hurrying through the lobby with that man.

She might be going to South Africa with that man.

Really, Judge?

Find Dr Crawcheck for me, will you? Ask her if she'll see me tonight.

It doesn't matter where.

Mimi.

Shit.

Is Michael here?

- I brought Mimi to see him. - No, he's out with his father.

Hello, little one.

What's going to happen?

Michael wants me to go to South Africa.

I haven't decided.

John?

Talk to me.

I've been trying to talk to you all week.

Can't get near you.

Marc's only here for a short time.

Are you in love with him?

I've only known him a few days.

He's very nice.

Charming.

He pays me a lot of attention.

He sort of assaults your feelings.

I've done something pretty stupid, even by my stupid standards.

I let Mrs Hurst stay the night at the digs.

Are you completely mad?

And the forces of reaction know.

Well, what do you expect me to do? I can't help you.

Are you surprised I'm thinking of going to South Africa?

You are so stupid!

Come on. Come on. Come on.

Even by your exotic standards,

sleeping with a claimant who is before you

seems a very stupid thing to do.

Well, I compounded the stupidity.

Instead of recusing myself, I gave judgement.

Not in her favour.

That hardly matters.

It might if she's angry about it.

I think Jo Mills is falling in love with somebody else.

So you've decided to destroy yourself.

Help me, Rachel.

How do you imagine I can do that after sleeping with you?

How could we possibly re-establish a client-therapist relationship?

We could find a way.

- Until we fall into sex again. - Is that going to happen?

You're that sort of man, John.

Sex is some deep pathology you're suffering.

Come on. Let's get some coffee and talk.

I really think Vera should give evidence, Monty.

Oh, that's ridiculous.

She can no more be called as a witness than I can.

Then we have to rely on Laurence James

persuading Mrs Hurst to give evidence against Deed.

Well, I dare say she might.

If Deed were to be overturned in her case.

We know how difficult this is for you, Mrs Hurst.

The fact is, the judge you were before behaved quite improperly.

Then perhaps you should be talking to him.

The point is, Mrs Hurst,

the ruling he gave against you could be overturned.

Could it?

In fact, if you were to give evidence against him,

we would make sure it was.

Calculated, planned, premeditated.

These are the words that come to mind in relation to the killing

of Barry Baylis.

"To prevent possible future victims from being hurt,"

was Alan Ferns' reason to the killing.

But Mr Baylis was putting no one's life at risk.

No one was being protected from a crime.

Possibly, he may have gone out of prison and offended.

Anything is possible.

We cannot permit executions

on the basis of personal speculation by Alan Ferns.

The question we have to grapple with is this.

Is it ever right to take the law into your own hands?

To allow a self-righteous, superior man

to decide and plan the execution of another?

If we allow this, we will be writing a licence for mayhem

to vigilante hard men like Ferns,

permitting storms of double wrongs trying to make a right.

My client's case is that he struck at Barry Baylis

to prevent the certain death or serious sexual abuse

of another child,

which our justice system either could not or would not prevent.

The law entitles you to defend yourself or another

if a certain or unpreventable attack will be committed upon you.

I'm not allowed to tell you

that Mr Ferns killed Barry Baylis to stop a serial paedophile

from preying upon our children.

Or that at the time of his death,

he was serving a ludicrously short prison sentence

for perverting the police investigation into his activities.

I'm not allowed to tell you any of this

because of the rules that govern procedure.

These are the same rules that allowed Baylis to repeatedly

walk away from court rather than being brought to justice.

These are the rules that left Mr Ferns the cruel victim of paedophiles

and saw him frustrated beyond help at the likes of Baylis

mocking at the law.

Mr Ferns sincerely believed he was defending our children

when he killed Barry Baylis.

But the rules say you must ignore that.

Defence council quite rightly pointed out what she can

and cannot say under the Rules of Procedure.

Now convention dictates that I don't interrupt her closing speech.

But I can now tell you that you must completely disregard

those matters which she so pointedly claimed to have excluded.

Mr Ferns freely admits killing Mr Baylis,

but that doesn't necessarily mean that he murdered him.

Murder is the deliberate killing of another, intending to kill

or to cause serious bodily harm.

The defence here is self-defence.

To prevent death or serious injury,

which includes the sexual abuse of another.

Now the question that you might ask yourselves

is was this threat immediate?

Were there any other measures

that Mr Ferns might have taken to prevent it?

That is a matter for you.

We abolished judicial execution in this country in 1967.

Parliament did not make an exception for Mr Ferns.

Thanks.

The jury's coming back in the rape case, Judge.

Oh, good. I'll pop in and hear it.

Thank you.

How do you find Paul Lawrence Hurst,

guilty or not guilty?

We find him guilty.

Now is that the verdict of you all?

- Yes, it is. - Thank you.

I'm almost at a loss to know how to respond to you.

It saddens me to see a boy so young

rape his teacher, who so cared for him,

trusted him, tried to help.

Yes, Mr Sorrell, I will hear your plea for mitigation.

My lord, Paul Lawrence is what is known as a wrong 'un.

He knows he's a bad lot

and knows he cannot help himself doing what he does.

Viv?

I hoped I'd avoid you.

Are you going to see him?

I won't give up on him.

The important thing is to salvage something with my daughter.

Good.

- Thank you for all you did. - Oh, what did I do?

You helped give me my life back.

I won't see you again, will I?

Judge, your jury is coming back.

Already? They can hardly have deliberated yet.

Mrs Hurst.

You know my answer, Mr James.

I can't help.

Madam Foreman, have you reached a verdict already?

We have, sir.

- And it's the verdict of you all? - Yes, sir.

Very well. Mr Harrison.

Stand up.

On the charge of murder, how do you find Alan Peter Ferns?

Guilty or not guilty?

Not guilty.

- Yes! - Yes!

Thank you.

I cannot hide my view that the verdict of the jury is perverse.

However, you are free to go, Mr Ferns.

All rise.

- Congratulations. - Thank you. Thank you.

Mrs Mills. Thank you.

Congratulations.

Well done, Jo.

It's the legal equivalent of walking on water.

Mr Ferns, would you care to comment on the verdict?

I owe a big debt of gratitude to my legal team,

especially my barrister, Mrs Jo Mills.

- What are your plans? - To stop child abuse.

Britain is becoming the centre of a liberal child-abusing culture.

Too many paedophiles are protected by inadequate laws

that favour abusers and fail our children.

We're being swamped by these degenerates.

What would you do with them?

Well, scum like Baylis don't deserve to live.

It's the duty of every decent citizen in this country

to take arms against them.

If the police won't act, our organisation will.

We'll out every last one of them. Thank you.

How do you feel about the seven years you've already served?

Jo?

It suddenly it feels like I have cement boots.

Come with us, Jo. You'll love it.

My whole life is here.

- It's a huge decision. - Life-changing decisions usually are.

It would be worth it, I promise.

Why don't you stay?

Jo, I can't uproot my children again.

But what about my children?

How are we going to resolve this?

The thing is, I'm not sure that Michael will go without you.

Oh, gosh, no pressure.

Jo...

I have been turning corners all my life and not met anyone like you till now.

The train leaves at 7 p.m. tomorrow.

I've got three tickets.

I could come out later.

Yeah, you could, but would you?

I love you, Jo.

Michael!

What are you looking at?

It was a brilliant result. You'll be in great demand.

It feels like my very worst day at the bar.

It more or less decided me to go to South Africa with Marc,

if only to get Michael settled.

Jo, you hardly know this man.

He's Michael's dad. He can't be all bad.

- He says he loves me. - I love you.

If you go, you won't come back.

Train's at 7:00 this evening, John.

Jo...

I know I have no right to ask you after the way I've behaved.

Please stay.

JO ON ANSWERING MACHINE: Hello, this is Jo Mills.

Leave a message and I'll get back to you.

Jo, we're all ready. Do you want us to pick you up?

I'll try your cell phone. I love you.

Hello, John.

Hello? I'm late. I'm just leaving.

Yeah, John, I can't talk, my battery's... Hello?

- Hello? - Jo?

Thank you.

Come on, let's go.