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- How's that? - Yep. Thank you.
What time do you leave?
Oh, look, it's hopscotch.
Let's have a go.
What are you supposed to do? Not tread on the lines?
You!
Are you going to have an operation?
No. Today they're just going to measure where to put the pellet.
- Will it hurt when they do it? - No. The brain doesn't feel anything.
Why doesn't it?
Because nerve endings feel pain and the brain doesn't have any.
Hey, Di. Hello, Michael.
Go through to the office?
- Is something wrong? - Come to the office.
What's wrong? Has something happened to me?
Well, it's not you. It's not really.
Armac, my treatment's supposed to start.
- What's happening? - I'm sorry. It's all to do with money.
- The Trust can't afford to treat you. - What?
Can they do that this late on?
This treatment's part of a research trial.
They don't have to pay for it. I'm sorry, Di. I did argue your case.
- Mrs Wrekin. - Marge.
- What does he say, Marge? What? - Shh.
Marge, is he there?
- Will you be quiet, Jackson? - I will not.
Will you both address the court and not each other?
Mrs Wrekin.
Would you mind telling the court exactly what it is you have there?
It's my son, Dominic.
- The angel. - In a cremation urn?
He's communicating his wishes.
It's your wishes the court has to consider.
The lower court imposed an order on your husband
to stay downstairs and not come up to your part of the house.
He has broken this order on several occasions.
Well, the blessed Dominic told him he could.
He did so.
And did he also say that it was all right for your husband to assault you
- on those occasions? - He did not!
- He did forgive him, though. - He's the angel himself.
Well, Mr Wrekin, you've broken this order on more than one occasion.
- Didn't the blessed Dominic say so? - He did right enough.
Unfortunately, he doesn't have right of audience here.
He speaks through me.
Well, then,
would you like to ask him what he thinks about my lifting the order entirely?
Oh.
- He's not very keen on that. - He's not?
Well, he's gonna have to live with it because that's what I'm going to do.
I think you deserve each other
and shouldn't waste any more of the court's time.
All rise.
You have the nurse, Diana Hulsey, back with the mobile phone case.
Oh, good. About time.
- One-Way are settling. - Oh.
- Do we know for how much? - No, not yet. I'll get your tea.
All rise.
I'm pleased to inform the court
the claimant and defendants have reached a settlement.
I'm glad.
Whatever the reasons, such actions are often stressful.
And expensive. Mrs Mills.
The instructing solicitor hasn't yet confirmed the claimant's acceptance.
Well, is there reason to believe that Ms Hulsey has changed her mind?
It is unusual for her not to be in touch or be here.
Perhaps she died.
- Might a delay be helpful? - I'm sure she hasn't died.
My Lord, might I have a moment?
Is it too late to change my mind?
- Why? Has something happened? - Yes.
How did you know the Hospital Trust are blocking Diana's treatment?
- I questioned the staff. - Is it an official investigation?
Hardly. I'm still on sick leave.
But being a police sergeant, they'll talk.
Will you tell the judge?
If I do, he might not continue the hearing.
- I want to go through with this. - Despite what the stress will do?
I want to do it for him, Jo.
Charlie say what she wanted?
Sometimes girls just like to talk to their dad.
- Hello. - Charlie, hi.
- Get off! - What?
It's all right. I'm talking to the dog.
- How's work? - There's a lot of it.
Yeah. Final years are like that. Am I going to see you?
I don't know. I'm on the roof doing a sit-in.
Are finals so hard?
The college wants to put up a phone mast.
- Can you help? - Oh, my sit-in days are over.
- I'd like to pick your brain. - All right. We could have dinner.
- When do you get off the roof? - Okay, take it away, King.
Up until a short while ago,
the defendants were under the impression the claimant had accepted their offer.
She's now changed her mind. In case she changes it yet again,
thus saving time, money and unnecessary distress to my client,
the defendant's offer will remain on the table.
Thank you, Mrs Channing.
Are we ready to select a jury?
My Lord, as I indicated before,
I hardly think this is a case for a jury.
This class of action is never tried by a jury nowadays.
It's too complicated.
You underestimate juries, Mrs Channing.
In the past, juries always decided this class of action, as you put it.
If ever there was a case that should go before a jury,
it's whether Diana Hulsey's mobile phone caused her brain tumour.
In any event, under Section 69,
Subsection 3, of the Supreme Court Act, 1981,
the jury trial is something I decide should happen.
An emotionally reactive jury greatly disadvantages my client.
Judges have emotions, too, Mrs Channing.
We're just more skilled at hiding them. Let us proceed to jury selection.
I'd like you to consider, if you will,
what single item in modern living has come to represent freedom,
opportunity and, above all, convenience.
I think you'll agree it's the mobile phone.
For Diana Hulsey, a busy, post-operative cancer counsellor,
with her own life and that of her young son to organise,
her mobile phone was essential.
To her, it was both the symbol and the instrument of freedom.
But it was to become a dangerous, obsessive shackle.
This little instrument
would not only burn into the brain of this young mother,
causing a massive, inoperable tumour,
it would do so with the fore-knowledge of the manufacturers.
And why does my learned friend think he deserves it?
- 'Cause it's time for tea. - Hi.
- I'm gonna be a barrister, Mum. - Oh, good.
He put the case for a cream tea very succinctly.
This way, my learned friend.
Rachel.
I'm impressed with the performance of my rivals.
Oh, you mean Mrs Mills and Mrs Channing.
Don't your personal relationships cause problems?
There's a rule about who a judge can have in front of him.
Ex-wives, ex-lovers, no problem.
Sons and daughters, a bit dodgy.
With current wives and current lovers, that's a definite no-no.
There's a risk that pillow talk might give an unfair advantage.
You would never allow that.
No. I suppose not.
I told you when this started, I wouldn't wait by the phone.
Yes.
- I have been rather busy. - Is that an excuse not to call?
No. I have no excuse for my discourtesy.
I thought I'd see when the sign got turned off.
I didn't think it would happen so fast.
- You can call me. - But will you answer?
Perhaps I should have stayed in therapy.
- Come on. Let's get some tea. - You were never in therapy, John.
You're too intellectually proud to accept you need help.
They're staying up there all night.
We're trying to keep someone up there the whole time.
Is that all you've got? How many students are involved?
Not enough. This isn't the '60s, Dad.
- And what's the college say? - Masts don't cause health problems.
Do they know that?
The government line. The Stewart Report. "Mobile Phones and Health."
Ms Hulsey,
can you tell the court why you've been attending hospital recently?
To check the progress of an astrocytoma of the left parietal lobe.
- Which is what, exactly? - It's a malignant brain tumour.
Is this operable?
No. If they operate, it would destroy too much brain tissue.
Is there alternative treatment?
There's an implant the doctors were going to try.
It meant putting radioactive cobalt pellets near the tumour.
- It was abandoned. - Do you know why?
Armac... Dr Colbin, my consultant,
said that the Hospital Trust couldn't afford it.
They can refuse treatment
because it is experimental and there's no guarantee it will succeed.
Then why was the treatment ever mooted?
Dr Colbin said it was my only option.
No...
I'm confused. Did they start the treatment?
I did the test and they accepted me on the programme.
I signed the papers accepting the risk.
I was then told that it wouldn't go ahead.
Were the doctors being callous, raising false hopes?
No. They were very nice. It was the Hospital Trust that said no.
They'd been approached by the defendant's lawyers.
My Lord, I must protest.
We've patiently sat through less than relevant information
about a second misfortune to have befallen the claimant.
Now we hear the most scandalous of prejudicial statements engineered
by my learned friend.
I am concerned that the jury heard this. Would you go out, please?
Mrs Mills, is there evidence to support this claim?
Enquiries on behalf of the claimant show an approach was made
by the defendant's lawyers.
Are you calling any witnesses to support this?
Yes. I'm calling Ms Hulsey's consultant
who was told by the Hospital Trust not to treat her.
Then I will permit the line of questioning.
I fail to see the relevance of the furrow my learned friend is ploughing.
That we shall have to wait to discover, Mrs Channing.
Let's have the jury back.
Ms Hulsey, to what end
did the defendant's lawyers approach the Hospital Trust?
To withdraw treatment so as to put pressure on me.
No, My Lord. This is not acceptable.
No. It's unpleasant, Mrs Channing. You can challenge it in cross-examination.
How did you interpret that pressure?
They wanted me to accept the offer and settle.
I fail to see how.
As we're here.
I would save it for cross-examination, Mrs Channing.
However, counsel for the defendant does have a point, Mrs Mills.
You should move on.
Ms Hulsey, when was your condition first diagnosed?
It was...
Ms Hulsey?
Diana?
Would you like a short adjournment?
Can you continue?
Perhaps you'd be more comfortable sitting down.
No. I'm fine, thank you.
When did you first become ill?
It was about two years ago.
Michael had just had his sixth birthday party.
His school friend had slept over.
I got a headache which didn't go away.
I took some paracetamol. It shifted for a while.
But it kept coming back, always on the left side of my head.
Did you do anything about the headaches?
Well, I took more painkillers.
I tried to not think about it.
But then I noticed that my left ear got hot
whenever I used my mobile phone a lot.
And then I'd get this burning sensation when I used it.
Like a dull earache.
- Not painful but uncomfortable. - What sort of phone were you using?
ZP-9.
- Is this your phone, Ms Hulsey? - Yes. That's my phone.
- Do you know who makes these phones? - Yes. One-Way.
Of all the phones on the market, why choose this one?
Because I liked the look of it. It's small.
It offered a package of free calls.
Well, the ZP-9 was a cheap upgrade.
When did you get this cheap upgrade and package?
Three Christmases ago.
Michael and I were doing last-minute shopping on Christmas Eve.
How often do you use the phone?
Not often. About 10, 12 times a day.
According to your phone records...
They're marked 4A in your bundle, My Lord.
It was sometimes 30 calls a day at 1 minute 15 seconds.
Your average call rate was 23 minutes a day.
Did you receive many calls?
Well, the hospital called me when I was with patients.
Patients called me. Parents of Michael's friends.
Did you read the ZP-9's instruction manual?
I think so.
Did you read a warning against using this phone
over a certain number of minutes each day?
No. Is there one?
It gives no such warning.
'Tis open.
- Oh, I'm sorry. I'm interrupting. - Just going over tomorrow's argument.
Look, I shouldn't have come. I'm...
- Would you like some wine? - No.
- It doesn't mix with my medication. - Or some tea?
I'll clear a space.
- I only moved in on Monday. - Gosh.
There's such a lot to do when you move. You must be exhausted.
Oh, I should've moved years ago.
You hang on, telling yourself it's for the children. For their security.
It was my husband's house. His family owned it for ages.
My life was so caught up with them, then with work after he died.
- I needed a big change. - Look, I shouldn't have come.
- Did you change your mind again? - No. Nothing like that.
I'll make some tea.
Where are your children?
Tom's at university. Mark's out with his girlfriend.
What about Michael?
He's at a school friend's playing computer games.
It always ends badly because Michael always wins.
He's clever. He's fun, too.
Diana?
- Is it the illness? - No.
I've lived with illness as a nurse and then a post-cancer counsellor.
You just never think it's gonna happen to you.
It's not that.
It's that in a year, maybe less,
I won't be around and Michael will, and I can't bear the thought of it.
- Are the doctors that sure? - That's what they all say.
Well, it's only an opinion.
Like the one I gave to your solicitor and the Legal Services Commission.
I weighed the available evidence and I said that there was a 50% chance
that we would win. There's a chance we'll lose, Diana,
just as there's the chance that you won't die.
Doctors make pronouncements, but anything can happen.
When your children were growing up,
did you ever think that you might lose them?
- That you might never see them again? - All the time.
They were only young when my husband fell ill.
All my fears and anxieties got projected onto the boys.
At times I couldn't bear to let them out of my sight.
That's what I feel about Michael.
Knowing that I won't be around, I don't know how he'll cope
- or who he'll turn to. - Don't.
Look, I have to say this or I'm gonna go mad.
I've been so selfish about Michael. I wanted him so much.
I got pregnant after a one-night stand with a doctor at a party.
I didn't even know his name. I didn't want to after I got pregnant.
I don't have any family. Well, only my brother.
Or any friends, really.
I just poured everything into Michael and now I'm leaving him alone.
You mustn't give up.
Will you take him, Jo?
What do you mean? Look after him?
I know it's a lot to ask, but I don't know what else to do.
You don't know me. Well, not enough.
I know you're a very caring person. The way you helped my brother...
And Michael really likes you.
He says you're the most interesting person he knows.
You don't talk to him like a baby.
- Children say all sorts of things. - Yes, but he means it.
He'll never cease to amaze you, Jo. I promise you, he won't.
He's so intelligent and he's brilliantly behaved.
He won't be any trouble. He won't. He just likes to read all the time.
But you don't know me at all. You don't know if I'm a good mother
or reliable or coping.
Do you know what it's like to have to give your baby away?
To entrust the most precious thing in all the world to somebody else?
I can't bear it.
Just the thought that I won't be there to help him grow up.
To care for him when he's hurt.
To tell him that everything's gonna be all right when he's frightened.
I don't want to leave him, Jo.
I never thought I'd have to. Not really.
Somehow this all seems like a bad dream,
that I'm gonna wake up and everything's gonna be all right.
Well, it's not.
And I just want to find the right person for Michael.
This is Mark. Stay cool. Leave a number.
This is John Deed. Leave me a message, please.
What can you do, anyway?
Good evening, Mr Haughton, Mrs Channing.
- We'll go straight through, Jules. - Your guests are waiting.
It's early days yet, Neil. Don't let Tim Listfield rattle you.
You must know by now, George, I don't rattle.
Ah, I'll have a spritzer, Pepe. George?
- A very large, very dry martini. - Has it been one of those days?
The sort I hoped would never arrive, Max.
Did you see what our shares did? They dipped 11 points.
- All the major shares dipped. - I'm only concerned about ours.
Do you know what this means for our capitalisation?
We borrowed heavily to buy your over-priced, third-generation licences.
Well, as I remember, Tim, you begged the DTI for them.
- We didn't expect to pay 4 billion. - You operate in a free market.
- What we want now, Neil, are solutions. - Well, Sir Ian Rochester is joining us.
- Hopefully, he'll have some. - Nothing's helped so far.
I don't wish to indulge in recriminations,
but blocking Ms Hulsey's treatment hurt us.
Not my doing, George.
Oh, as CEO I assumed it was.
What we need is a strategy to take Deed out of play.
That's not the way democratic government works.
- We have a thing called separation of... - I don't need a sermon, Neil!
Without systematic wealth creation, democracy doesn't amount to smoke.
Three hundred million has been wiped off our shares.
Sixty-five million off me personally.
And all because you can't handle a judge.
Oh, we are going to handle him.
- Then let's see the results! - Why don't we all calm down?
Thank you.
Thank you, Pepe.
Ah, Ian, good timing.
- A drink? - Um, a Tia, Pepe.
- You know George. - Yes.
Max Solveigh, marketing director of One-Way.
Tim Listfield, his CEO.
- Hello. - The man with the solutions?
- Is this the perennial problem? - I hope not, Ian.
We've found the means to check Deed.
- At the end of the hearing. - When finally we're broke.
What is your end game, Ian?
Because of his relationship with the claimant's counsel,
Deed should have recused himself from the case.
Their affair barely pours since it started during our marriage.
Deed denied any relationship with Mrs Mills
during her disciplinary tribunal.
Yes. He's a High Court judge. We were obliged to believe him.
Whether he was sleeping with her isn't important.
His relationship with this woman was extant
through his appearing for her as a defence witness.
But is this enough to get him overturned?
Such subtle points exercise the minds of appeal court judges.
In the meantime, our shares are hammered.
And my company slips down the tubes.
Do you know how I got to be worth two billion personally?
I bought some phones.
I added value to them and sold them for twice as much.
I didn't buy toys for my children with the profits or dresses for my wife.
I bought more phones.
And then I started to manufacture phones.
And then I bought rival companies. And all the while,
hanging on to what I'd got.
You think I'm gonna let some little nurse nobody take that away from me?
I'll rip her heart out first.
If you're not capable of neutering Deed, I'll do it personally.
Someone fall off the roof?
Can we get out of here?
Mum says the building's bugged.
She called me last night. She said I shouldn't speak to you in the digs.
I am not going to get paranoid.
She had dinner with her clients.
She told me to warn you to be on your guard.
The CEO, Tim Listfield, is so mad that the case is going on,
he might try and get you.
Well, did she say how?
You have to be discreet. Mum's in a really difficult position.
If she has information that there's been interference with the case,
she must reveal it. We'll have to abandon.
No. No, no, no. She wouldn't be that devious, would she?
Dad, if this was a trial-wrecking strategy,
she'd have to expose her clients.
Yeah, maybe.
Mrs Hulsey, let me offer you the heartfelt sympathy
of each of the directors of One-Way Phones.
Although they don't accept their product is in any way responsible
for your condition, they hope the stress of all this won't
aggravate your suffering.
Are you well enough to answer a few questions?
Yes, I am.
If you find any of this too difficult, we will stop.
Mrs Hulsey, are either of your parents alive?
No. Neither of them are.
Could you tell the court how they died, Mrs Hulsey?
My Lord, my learned friend persists on calling the claimant "Mrs".
She knows from the reams of documents that she is Ms.
Yes. As a courtesy, you might use the witness's correct title,
Miss Channing.
I do beg your pardon, Ms Hulsey.
- You are an unmarried mother. - Yes, I am.
This situation must cause you added stress.
No. I chose it for myself.
You don't find not having a partner's support,
making all the decisions yourself, stressful?
Yes. Sometimes I wish the father of Michael were around.
You must worry about Michael's safety.
Of course. I'm his mother.
You were going to tell me about the death of your parents.
What was the cause of death?
They both died of cancer. Two years apart.
My mother died of breast cancer in 1993.
And two years later, my father died of a brain tumour.
Did anyone else in your family die of cancer?
I don't know. I don't really know my extended family.
If I have one.
Then possibly all of them died of cancer.
Ms Hulsey?
- What was the question? - Do you need to take a break?
- What was the question? - Would you like me to stop?
No. I'm fine, thank you.
How well do you cope with stress, Ms Hulsey?
Depends on the situation.
Did you scream at an assistant in Tesco's
when they ran out of Rice Krispies?
Become so angry the police had to be called?
It wasn't just the Rice Krispies. It had been a hectic day.
I'd had a headache for two days.
The assistant being rude was just the last straw.
I'm sure everyone on the jury has had those sort of days.
It's how we cope with them that matters.
Look at item 33B.
Your annual assessment from your supervisor,
the year before you left the hospital.
"Dedicated to the work, but needs to learn to relax.
"We fear she'll make herself ill and totally alienate friends and colleagues
"unless she learns to cope with everyday stresses."
She had no right to judge me.
Isn't it true that you have alienated people?
Well, some people find it hard to deal with the terminally ill.
Ms Hulsey, do you know the theory Brain Tumour Trauma?
Yes. I've heard of it.
Can you recall a fairly recent major trauma in your life?
Are you offering evidence to support this argument?
I will be exploring the hypothesis.
Well, as long as the jury understands, this is only a hypothesis.
Ms Hulsey, I will repeat the question.
Can you recall a fairly major trauma in your life?
No, not really.
What's the biggest scare you've had in the last two and a half years?
Once when Michael was out alone for most of the night.
I thought the parent of a school friend had picked him up.
She hadn't.
He couldn't find his way home.
It was 2:00 in the morning before the police found him.
- It was terrifying. - Yes.
It must have been.
Did you scream at the policewoman, "If anything has happened to him,
- "I'll kill myself"? - Well, I would have done.
I never let him out of my sight any more.
Added to the stress you were already suffering,
plus a possible family predisposition to cancer,
mightn't this be the cause of your tumour
rather than your mobile phone?
Thank you, Ms Hulsey.
Mrs Mills, we could adjourn a little early.
I'll be brief, My Lord.
- Can you continue? - Yes.
Ms Hulsey, can you tell the jury
what your son means to you?
What leaving him will mean when you die?
I can't describe it.
Sometimes I sit with him on his bed till he falls asleep.
Sometimes I sit there for hours just watching him breathing.
He's the best thing that ever happened to me.
And soon I'll be leaving him alone.
I don't know that... If he understands that it's forever.
What I'm most afraid of
is that I might die suddenly
and I won't be able to say, "Goodbye, my darling.
"Mum will always be with you."
Why did you keep our Beano books?
- And our three-legged dog stories? - Tom used to read them to you.
Well, he won't be reading them anymore.
Your children might.
It's the past, Mum. It clutters up your life.
Everything is the past, Mark.
- It isn't clutter. - Isn't that why we moved?
- What if we didn't have books? - There's the internet.
- It's not the same. - It's more up-to-date.
Did you think about what Diana Hulsey asked?
I think you'd be mad to even contemplate it.
It's up to you, Mum.
- I'll be away at university anyway. - It's still your home and Tom's.
I can't believe you're seriously thinking about lumbering yourself
with another kid. I mean, could you even cope?
No, I suppose not.
I keep thinking about that boy ending up on his own.
His mother doesn't seem to have anyone else to turn to.
Not even any friends.
Well, these people always seem to find you, don't they, Mum?
- You're a soft touch. - Am I?
- I said no. - Most people would just forget about it.
It may never happen. Doctors often get these things wrong.
What if they get it entirely wrong and she dies tomorrow?
I thought about giving up you and Tom after your dad died.
I couldn't cope. I was too depressed and exhausted.
I asked your grandma to take you and do you know what she said?
Mum?
Can you even imagine how Diana must be feeling?
No, not really.
Mary must be grateful for some consistency.
I've pondered long and hard over your hypothetical, Ian.
I assume it was hypothetical.
At the moment. It may become fact and come to the court of appeal.
Ah, then perhaps I shouldn't become involved.
- It may come to me. - We'd make sure it didn't.
- Hello, Jerry. - Morning.
I've taken the minds of Sean Arnold and Matthew Waugh on the subject.
I'm intrigued, Joe. Left, right and centre.
We were unanimous.
If a judge has a relationship with a barrister,
being a witness of both fact and character for him,
and subsequently has that barrister before him in a case,
he must recuse himself or run the risk of being overturned.
- Excellent. - Er, Ian?
Sean thought it might be Deed.
Monty Everard was complaining about him in the club.
Was he?
Dr Colbin,
when you were forced to abandon Ms Hulsey's experimental therapy,
did you tell a Sergeant Bridges
that the reason was that One-Way Phones had leaned on the hospital lawyers?
My Lord, my learned friend is seeking to introduce this
- as if it were a statement of fact. - I'm merely asking a question.
To besmirch my clients.
Address the court, not each other. You should know better, both of you.
I'm sure Mrs Mills is trying to do just that.
But it's a valid question.
I did say that, but I'm not sure if it's true.
Then why say it?
Well, because I was cross when I had to stop the treatment.
Have you been leaned on, too?
- My Lord... - I'm sure the jury is curious
as to why the doctor's changed his mind.
Answer the question, Doctor.
When my anger subsided,
I realised that I had been a little rash when Sergeant Bridges spoke to me.
In other words, your job has been made more secure
by a research programme funded by One-Way.
The hospital is conducting research funded by One-Way?
That has no bearing.
You didn't inform the claimant's legal team about your change of mind?
No, sir. I didn't know I had to.
I was asked to discuss Diana's tumour.
Do you wish to treat this witness as hostile, Mrs Mills?
I do not.
Dr Colbin, is the brain tumour Ms Hulsey is suffering from common?
No, but it's becoming more common.
A GP who would have expected to see one or two over an entire career
is now seeing two a year.
How long has this incidence been rising?
Over the last decade.
Since the widespread use of mobile phones.
My Lord, my learned friend is leading the witness.
Yes, yes. Mrs Mills.
Dr Colbin, in your opinion,
is there any connection between the rise in incidence of tumours
in this part of the brain and the use of mobile phones?
There's no hard evidence.
Armac, I can't believe you just did that.
Why did you do that? You've ruined our case.
I'm sorry, Di. I just can't talk at the moment.
They stopped my treatment and you know why.
You should take their offer.
- You still can. - You know I can't do that.
Not after what they've done. You've helped them.
I trusted you. I thought you were my friend.
The stress of all this isn't helping your chances.
What you've done is taken away any chance that Michael ever had.
Now he'll be left alone with nothing.
Take the book in your hand and read the card, please.
"I swear
"that the evidence I shall give shall be the truth
"and nothing but the truth as I know it."
You find the oath inadequate, Professor?
I can only speak the truth as I interpret it.
It is neither the truth, the whole truth
nor nothing but the truth.
I appreciate your candour.
Professor, are you the head of molecular neurology
- at Oxford University? - You know I am.
Yes. It's for the court.
Have you become the foremost expert on astrocytomas,
the type of brain tumour Diana Hulsey has?
Well, that label has been stuck on me, unfortunately.
Is this false modesty or are you indeed highly qualified, Professor,
because the jury needs to know.
Let us say I know a lot about such tumours.
Then we'll accept you as the foremost expert in your field.
As such, can you tell us
why this sort of tumour is on the increase, Professor?
Even with my grand label, I can only give an opinion.
In my opinion, it's due to the frequent and persistent
interruption of molecular activity in the brain by microwaves.
Do we know what's brought about this increase?
The increased use of television.
Microwave ovens, computers.
The single biggest cause is mobile telephones
used against the side of the head.
They create heating. They interrupt the molecular connections.
They heat, in particular, the cortical surface of the brain.
Due to the angle which the phone is held at,
most microwaves are directed to the parietal lobe.
- Is there any way to avoid this? - Yes. Don't use mobile phones.
How long does the sort of tumour that Ms Hulsey has taken to develop?
The time is infinitely variable.
These tests haven't been done in humans, only animals.
But brain tumours are the fastest growing cancers.
Three to six months from the breakdown of cells
to detection would be usual.
- Did you examine Ms Hulsey? - You know I did. You asked me to.
Did you draw any conclusion as to the cause of her tumour?
In my opinion,
the persistent use of her mobile phone was the cause.
How did you come to your conclusion without putting humans at risk?
Humans are quite able to put themselves at risk.
We use mice and extrapolate.
You surprise me.
Is a mouse the same as a human?
I've never seen one using a mobile phone.
Well, you should come to our laboratory.
Exposed to pulsed 900 megahertz radiation
for one hour a day for three months,
mice show a significant doubling of B-cell lymphomas.
Animal rights activists
claim that animals are so significantly different from humans
as to render the whole work unscientific.
Mmm. That is true of many pharmaceutical trials.
Animals...
can be quite different from humans in their responses.
Is much of this work inaccurate?
Most scientific work is subject to error.
Could you have made an error about Diana Hulsey's tumour?
It's possible.
So, what we have here is a biased and error-prone opinion
extrapolated from mice.
Isn't it true that the animals in your laboratory
are genetically modified so as to render them more susceptible to cancer?
- That helps us accelerate the process. - It distorts the tests.
All tests, by their very nature, are distorted.
- Therefore inaccurate. - Yes. Sometimes they are.
Why doesn't everybody who uses a mobile phone develop a brain tumour?
For the same reason that all people who smoke don't develop lung cancer
or develop breast cancer from pesticides.
So, if Diana Hulsey were more susceptible to this sort of tumour,
you think her mobile phone could be incidental.
Yes?
It's possible.
With your leave, My Lord, I'd like to call my next witness, Dr Angus Whitten.
Dr Whitten is a partner
in the research unit that did the initial safety tests
on the ZP-9 phone. He's here on a witness summons.
Thank you, Mrs Mills.
In view of the hour, I think Monday morning will be more suitable.
All rise.
- Are they not coming down? - No. Not until after the tribunal.
Charlie! Don't give an inch!
- The college agreed to that? - We dug our heels in.
- We don't trust the faculty. - What if it goes against you?
- Sir John. - Vice-Chancellor.
Are you a participant in our exercise in democracy?
- Oh, simply an observer. - Ah.
You'll find it all above board.
Our case is very straightforward. People are damaged by living and working
in close proximity to mobile phone masts.
Mrs Burnham is a mother of three children,
all under the age of 10 years old. She was healthy and outgoing
until a mobile phone mast was erected not within 15 metres of her home.
First she, then her middle child, then her eldest child,
started to feel nauseous headaches,
to get rashes on their skins, to feel tired and lethargic.
The phone company that erected the mast
said they were following government guidelines.
But Mrs Burnham and her three children are still sick
and have been for the past 18 months.
Under common law, it can be argued that this is an assault.
The phone mast that's on college property is not 10 miles
from where we are right now.
Security's all over the roof. Nick's been pushed off.
You two-faced, scummy hypocrites!
- How's Nick? - He's lucky to be alive.
He's broken his ankle, a thigh bone and six of his ribs.
Well, you made the news. The college has given way. No mast.
It's a crummy victory, Dad.
Well, they often are, Chaz, even when you win at law.
- How's it going with your one? - Oh, all right.
I'm just going through some of the technical stuff.
- Is Rachel Crawcheck seeing anybody? - I don't know.
- She doesn't want to see me anymore. - Yeah, well, what do you expect?
I rather liked her.
And you liked Jo Mills, too, and Carol. You should make up your mind.
Yeah, well, people like Jo Mills and Carol and Rachel
make me wish I was more than one person.
Make me wish that could have more than one
life-affirming relationship at once.
You need to see another therapist, Dad. A man.
I think I'll save my money and take you to dinner.
Dr Whitten, how long did your lab do research for One-Way?
We were 15 months into our second two-year contract.
Who terminated your services?
The marketing director, Max Solveigh, on 12th of December, 2000.
Do you know why your contract was terminated?
The reason given was sloppy work.
- Had it been sloppy? - If they say so.
Did you make sloppy mistakes?
- Everyone makes mistakes. - Well, what were yours?
I can't remember.
Dr Whitten, are you telling the court
that you can't remember mistakes for which your company
had its contract terminated?
It was all rather vague.
Was not one of the so-called "mistakes" your daring to show your client
high levels of heat-shock proteins in the brain cells of mice?
Mice that had been exposed to microwave levels
as those from the ZP-9 phone?
Look, I don't recall.
Are the heat-shock proteins you discovered in test mice
so called because of their response
to considerable rise in temperature in the cells?
Yes, of course.
Ordinarily, a rise of at least 20 degrees centigrade is needed,
but you were recording damage to the protein structure
in DNA and RNA cells at much lower temperatures.
I really don't remember.
Then oblige us
by looking in your bundle marked A.
Items 29A to 41A.
You will find copies of emails between yourselves and One-Way.
Item 29A sets out what you have found.
Each subsequent email further argues the case, does it not?
It seems to.
You discover that exposing cells to microwaves from the ZP-9 cell phone
heated cells of the brain
in such a way as to damage protein structure.
- That appeared to be a conclusion. - Have you since changed your mind?
We were taken off the case before reaching further conclusions.
Would you read, please, email 39A to the court?
"Max, unless you drastically modify this one,
"you could be marketing a time bomb."
Yes. I'm sure the jury cannot hear that.
"Max, unless you drastically modify this one,
"you could be marketing a time bomb."
Are you sure your man is reliable, Max?
He's expensive, but you get what you pay for.
- What he'll do to Deed won't get undone. - How long do we have to wait?
Dr Goodfellow, were you until June of last year
employed by Crighton Industries of Pennsylvania?
- Indeed, I was. - Can you tell us what you did?
I was helping to develop microwave components for industry.
- Was that for the mobile phone industry? - A huge part of it was.
We were involved in trying to make ever smaller circuits for phones.
Why did you leave Crighton Industries?
Essentially, I was unhappy with the way the products were being tested
by so-called independent testers.
They would fund research units at universities to do the testing.
They would even loan employees to the Environmental Protection Agency
in order to get the research passed.
That person would then return to the company.
- You're saying they cheat? - It's not called cheating.
- It's the politics of science. - Thank you.
Did you see problems in the results you were getting back?
I did.
The smaller the microprocessors, the more they heated the tissue.
How was that?
You pass microwaves through ever smaller gateways,
they heat the brain rather like a magnifying glass concentrates the sun.
Did Crighton Industries know these
concentrated microwaves were damaging tissue in the brain?
I told them again and again.
Dr Goodfellow,
Dr Andrew Marcus Goodfellow, MSc of Magdalen College, Oxford.
- Yes. - Yes.
That's what it says here on your CV.
Did you also do a degree course at the Oxford Polytechnic, as it then was?
No. At Magdalen College.
An MSc from Oxford sounds more prestigious
than one from the Polytechnic.
However,
there aren't any records of your ever having been to Magdalen, Oxford.
I do have your graduation record from the Poly.
Are you exhibiting this, Mrs Channing?
Well, Dr Goodfellow?
- I suggest it's a mistake. - I see.
A mistake.
What have you been doing since you lost your job last June?
- Writing a book. - Ah, aren't we all?
Can you avoid such comments?
Were you dismissed from Crighton Industries for stealing?
No. I wasn't. I wasn't. It's not true.
Your work permit was revoked by the Labour Department.
That's the dirty tricks they used because I threatened to expose them.
I put it to you, Dr Goodfellow, that you are a thief and an impostor.
You take these cheap shots. Well, let's see how you feel
in five or ten years' time for your part in this deceit,
when there are tens of thousands of people with brain tumours!
I think we'll let the jury decide who it is
who's trying to foster the deceit.
Did you know about his past?
There's only so much you can reasonably ask about.
- Well, it's damaged our case. - If the jury believe the defence.
Well, don't you?
Don't let it worry you.
Look, um, I'm sorry about the other night.
You're right. It might never happen.
My father was a recovering alcoholic.
He wasn't sponging drinks from the street or anything.
But I went with him to some of the AA meetings and they had a sign.
It said, "Trust in the divine, and take it a day at a time".
That advice does help.
Is he still around, your dad?
I've thought about what you asked.
I don't know if I'd even be up to such a responsibility.
I'm sorry. It's too much to ask.
What arrangements have you made for Michael?
A day at a time.
Have we made our case?
Well, we still have Josh Arditti.
The erased emails will show the company knew the risk.
That only helps secure damages if we convince the jury
the phone caused the tumour.
What's worrying you, Jo?
I keep thinking about that little boy being left all alone
and what'll happen if we fail him.
- Night, Mike. - George.
I thought we were meeting at the Mirabelle.
Yeah, well, I don't want to talk there.
George.
I've just come from a meeting with the party chairman.
He wants to know why we're not taking control of the cell phone case.
We are. We're way ahead.
That's not the view of Tim Listfield or Max Solveigh.
Their shares slipped again today.
Well, I hope they've enough left to pay me.
Listfield is mad enough to do something stupid if he loses.
He's not losing.
George, half a billion slashed off your shares is losing.
Well, what do you expect me to do? Tell my ex to roll over and die?
Well, that's Listfield's view.
Is my note-taking that bad?
Coop?
- How'd that get there? - Well, I...
just saw the cursor flashing and I opened the file.
It's awful.
How do you know it's not mine?
I wouldn't believe that in a million years.
Why?
Well, I know you, Judge.
You wouldn't have anything to do with this. It's vile.
Well, thank you for your faith in me, Coop.
But that's all it is, isn't it?
And hitherto respectable people, like doctors and teachers
and policemen
and magistrates download child pornography, why not me?
But you wouldn't have anything to do with this.
They're closing in on me.
Who, Judge?
Well, whoever turns up to discover this, I would imagine.
- You should go to DAC Colemore. - It would look like I'm covering up.
Well, it will if you don't go to the police.
And if I do, the newspapers will have it within hours
and my reputation will be torn to pieces.
See if Mrs Channing's arrived, would you?
And ask her to come here.
Mrs Channing, the Judge would like a word in chambers.
What have I done wrong now?
- And me, Mrs Cooper? - No. Just Mrs Channing.
Thanks, Coop.
Are you trying to make Jo jealous?
When you had Charlie warn me to be careful, what had you in mind?
John, has something happened?
Look on the screen.
Oh, dear God!
How did they put it there?
Who are they, George?
Why did you ask Charlie to warn me?
- Nothing specific. - Something must have prompted it.
Just that you're up against people who don't care how they win.
Yes. Your clients, George.
John,
Neil and Sir Ian Rochester won't hesitate to exploit this.
What are you going to do?
Sooner or later, someone will turn up to find it. I'll wait and see who.
- That's terribly risky. - Yes.
Items 29A to 41A in your bundle marked A.
Could you tell us what they are?
They're copies of emails sent by the research lab
to the One-Way Phone Company
between November 2000 and December 2000.
They had been erased by One-Way and recovered by me.
I must protest this outrageous assertion.
If my learned friend would allow me to examine the witness
before she interrupts, she would find that it is not an assertion.
Yes, we should wait to see what the claimant's barrister has to say.
Were they all you recovered, Mr Arditti?
I also recovered erased emails sent from One-Way.
Items 42A to 53A.
Are these the recovered e-mails?
- Yes, they are. - There is no evidence
to suggest my clients erased these emails.
That's what we shall see.
Can you tell at which terminal the emails or the material was erased?
All these emails here came from the terminal used by the personal assistants
to Tim Listfield and Max Solveigh.
Would you read out items 40 and 52A?
40A is from Angus Whitten. It reads,
"Max,
"our findings indicate that the radiation from the ZP-9
"heats brain tissue to a level where there is protein damage
"in both DNA and RNA.
"You could be marketing a time bomb."
- And 52A? - 52A is a reply from Solveigh.
"We've spent far too much on R&D to turn back.
"I want another result."
What says that these emails
were written or erased by any of the named directors?
They came from their workstations.
That wasn't what you were asked, Mr Arditti.
I can't say if they actually sent or erased the emails.
Someone could've hacked into their computers
and set this up?
It's possible.
- Without them knowing? - Of course.
Thank you, Mr Arditti.
Would you ask Sergeant Bridges to come to chambers? He's in court.
- It is pretty nasty, My Lord. - Well, what do you advise, Jay?
- That you report it, sir. - Can we find out who put it there?
It depends how clever they are.
Well, how do you get something like this onto somebody's computer
without their knowing?
There's a renegade program called Back Orifice, sir.
Anyone competent can work it.
If you stay logged on, they can even come in via your mobile phone.
Can't they be traced?
They use proxy servers all over the world.
You could go mad looking and end up back where you started.
I can't get rid of this, can I?
You can overwrite it a dozen times.
Police forensics will still find its shadow.
- There is another way, sir. - Sir Monty Everard, Judge.
He wants to come along right away, with Sir Ian Rochester.
- Yeah, all right. - Yes. He's free, My Lord.
- Net's about to close. - What do you want me to do, sir?
What can you do in the next five seconds?
Thought you'd get here sooner.
- You were expecting us? - Since about 9:50 this morning.
We need to speak to you on a very private matter.
This is Sergeant Bridges.
I've asked him here to investigate that for which I suspect you're here.
The department has received a call from the police.
This is very awkward, Sir John.
They received a complaint that you have been downloading child pornography.
Did you believe them, Ian?
We cannot allow such things to be said about a High Court judge.
That's not what I asked.
If it does prove to be true, the scandal will be such
that the Queen will be compelled to ask for your resignation.
Yes. My question is, Monty,
are you dupes in this or more instrumental than I care to believe?
That is a monstrous suggestion.
No more so than you coming here assuming that it's true.
Is it true, Sir John?
Who reported it to the police?
I didn't ask. And I'm not sure they'd say anyway.
They would if you'd forced their hands, they'd have to.
There is a tradition that one does not
probe into police sources too deeply, Sir John.
Oh, really?
I am obliged to ask,
is there child pornography on your computer?
Why is it I'm not more shocked that you ask?
You will have to give up your computer, Sir John.
The police will need to examine it for its contents.
Why would I let you do that?
Are you hiding something?
Perhaps I can help find the material for you, sir.
Well?
Well, Mac?
We cannot allow a High Court judge to be falsely accused.
Now this thing has started,
we will need to examine the contents of your computer,
- with or without your consent, Sir John. - Yes.
Will that be before or after I've finished the case I'm hearing?
- What have you done with it? - I had to erase it, sir.
They'll know there was a file erased. You've made me part of a conspiracy.
- Though I can get it back, sir. - So can they.
- How much time have we got? - It may already be too late, sir.
Excuse me, My Lord. Mrs Mills is here. She hasn't got an appointment.
Yes, fine.
John, there are rumours all over chambers
about a judge downloading child pornography.
Let's go outside.
- Does George know these people? - If she does, she's not saying.
No one is going to believe that you're involved, John.
The Presider was prepared to, so was Ian Rochester.
It might already be too late.
- Can Sergeant Bridges help? - Maybe.
They can't do anything anyway without this and the information inside it.
In the meantime, Sergeant Bridges is trying to
find a way to get rid of the porn without leaving any trace.
John, you will win.
Ah!
I hope I'm going to be reimbursed for dining all these judges, Ian.
Did we get the response we require?
My brethren are appalled.
However, they wait to see the evidence against Deed,
as one would expect. We are going to get the evidence, Ian?
Oh, we are. We're just taking the mind of some of the cabinet,
then we grab Deed's computer.
With your leave, My Lord, I call Joan Aylsford.
She's the senior personal assistant in the One-Way Phone Company boardroom.
You calling any of the directors of One-Way?
It's not felt they can add anything.
I check all email traffic. I've never seen these emails.
Do you see every email that comes to the directors?
Yes. In and out.
Items 29A to 41A
and items 42A to 53A.
I've never seen any of them.
If they didn't emanate from the directors' computers,
how did they end up retrieved from your server's electronic dustbin?
Anyone could've dumped them there to discredit us
using a rogue program like Back Orifice.
Have you no shame?
You coached that witness using exactly what you'd heard from John.
- Don't know what you're talking about. - You don't? It would be a first.
We lost. They out-manoeuvred us.
The phone company is putting up their mast on a local primary school.
Dad, they're polluting children.
Chaz, the people who run these companies
don't wake up in the morning saying, "Who can we harm today?"
Scientists tell them that there's no harm from phones or masts.
Oh, we'll see in five or ten years and then it'll be too late.
Then get rid of your phone. Say, "No, we won't use them anymore."
- It won't happen. - Well, make it happen.
One phone at a time. Yours first!
You do it for the animals over cruelty.
- Are you all right? - Yeah.
Just a bit tired, that's all.
- Hello. - Sir Ian.
Is this fatigue, Ian, or over-confidence?
I do beg your pardon, My Lord.
In our judicial system,
we have a trial before the sentence.
You may think you have something on me. I know nothing about it.
We are entirely confident about that.
However, on advice from the Attorney General,
we are prepared to seek a warrant to seize
and search your computer files.
We would prefer to have your permission for the police to have access.
I'm sure you would.
Your permission would've made the whole process less painful
and less public.
Michael!
Come on, lovey. We'll be late.
- Michael, I'll be late for court. - All you care about is your stupid case.
Mum!
Mum!
Like each and every one of us, Diana Hulsey is a consumer.
Like most of us, she led a busy life,
running a post-cancer counselling practice in the NHS,
a home, bringing up her son.
Like you and me,
she relies on the truth of what manufacturers tell us
about their products.
Not the sales hype, but the bald facts about their specifications.
We have shown that the One-Way Phone Company
was less than honest about their ZP-9 phone.
They lied about its lethal potential to cook the brain,
and as a result, Diana Hulsey, who used the phone freely,
developed a tumour from which she will die,
leaving a seven-year-old dependent son.
Mrs Mills?
You all right, Mrs Mills?
It is with much regret...
Diana Hulsey suffered a severe cerebral haemorrhage and died on her way...
I'm very sorry to hear that.
She was a courageous young woman.
What's happened to her son?
Where is he?
He's been taken into care by the Social Services.
I see.
Thank you, Mrs Mills.
- My Lord, in the circumstances... - Would the jury go out, please?
Yes?
In these tragic circumstances,
I am compelled to ask that the case against my clients be dismissed.
I hardly see why, Mrs Channing.
The claimant's right of action, as you well know,
survives for the benefit of the estate.
Ms Hulsey has a dependent son.
Perhaps counsel for the claimant's estate would now wish to
reconsider the defendant's earlier settlement offer.
My Lord, I hardly think that still stands.
I didn't hear them withdrawn, Mrs Channing.
My Lord, could I consult with my clients?
Yes, yes, yes, feel free.
Judge, Sergeant Bridges has brought in Josh Arditti.
He can't.
I think you need more time, Mrs Channing. Until the morning.
Max.
George, nothing this judge says will have any credibility.
He's a dead duck.
What's happening?
Your opponents know what they're doing, sir.
Mr Arditti is a witness in a case before me. He shouldn't be here.
I couldn't get rid of the pornography. It's beyond my expertise.
- He's your only hope, sir. - That's very ironical.
What I can do, Judge, is download everything but the porn
from the old hard drive on your laptop onto a new hard drive.
To do that, I have to connect to the server.
Soon as I do, they'll know what we're doing.
Perhaps I should just resign myself to fate.
Mrs Mills would like to speak to you, Judge. It is a private matter.
Are you totally cracked? This boy is not your concern.
- His name is Michael. - I don't care what he's called.
Diana Hulsey was a client. You hardly knew her.
You don't know her son at all.
I know what he must be feeling, hurt and scared.
Yeah, well, so are half the kids in the world,
are you gonna mother them all?
I wasn't asked to look out for them, only Michael.
Not looking out for him! If you get involved,
it'll be a full-time job.
- It's called commitment, John. - Yeah, and it'll be total.
- Once you start, you can't walk out. - Yeah.
It'll be difficult and inconvenient at times.
Difficult? Inconvenient? Jo, you won't have a life!
Well, that's what happens when you get involved.
You give up a certain amount. That's what makes us human!
Jo, Jo, listen. You are getting emotional
because you think that you failed his mother.
You didn't. She was dying anyway. This boy is not your responsibility.
Okay. What if someone had said that about you?
What if your mum and dad had not made that commitment to adopt you?
They put their hands up!
Diana Hulsey obviously caught you at your lowest emotional point.
Oh, I'd love to be God. Must make you feel very secure.
Or perhaps you just don't feel anything.
No, no. Probably not.
- George. - Neil.
- You didn't say you were coming down. - I'm seeing Monty Everard.
It's the moment of truth for Deed.
What can you do to him? Nothing.
We are going to spread his entrails out for the crows.
Yes! We're cooking.
Someone's downloading all the files off Sir John's computer.
Well, stop whoever it is.
- I can't. - You must!
At least until the police get here with a warrant.
Why don't you take some dock officers and just seize his computer?
You're the Presider, Monty. Why don't you?
Where's the evidence? Where?
The police were informed it's there on his computer.
What, it's not there, Ian? Is that what you're saying?
The judges I talked to are demanding to see the evidence, Ian.
That's what we're trying to secure here.
Well, there must be other evidence.
The Attorney General said the pornography
needs to be in his computer to be effective.
We will be reviled and castigated by the brethren for our impotence.
Who cares about that?
I care, sir! I care a great deal what my brothers think of me.
They've downloaded it onto a new hard drive.
You must seize it quickly, sir.
Why can't anyone take control of this man?
Everything but the porn is downloaded onto the clean drive.
Get the dock officers.
- The Presider's coming. - Come on, come on.
I suggest you destroy that, sir.
- That is LCD property, Sir John. - Well, help yourself.
Why did you react that way about the boy?
I don't know. You're the therapist. You tell me.
I'm not your therapist. Only you have the answer.
It's a big commitment. She shouldn't burden herself.
Well, women make such commitments every day. Where's the problem?
Jo is a great barrister. She will go on to make a fine judge.
She won't if she diverts herself like this.
Are you still in love with her?
Perhaps it's you who doesn't want the commitment, the responsibility.
I can't help you, John.
Try it.
See what it feels like.
What's it to be, Tim?
- If they win? - We would appeal.
Another case. More bad publicity.
All rise.
Mrs Channing.
My Lord,
my clients are prepared to reinstate their offer
for the benefit of the claimant's dependent child.
This is subject to certain conditions.
Is counsel for the claimant agreeable to the settlement?
- I am, My Lord. - I see.
There is still a major question to answer.
Do mobile phones damage the user?
It will have to await another case.
I'm sure there will be many.
Well, as much as we might despise Deed,
it is now incumbent upon you to apologise to him.
I would not, sir. Not before hell freezes over.
You did his reputation a great deal of harm
speaking so precipitously to our brethren without any evidence.
- Well, it's all Ian Rochester's fault. - Yes, well, he must apologise as well.
Not to do so would be to imbrute the bench.
- Monty. - Terror. Oh, no.
When are we starting this rape case?
Joseph Channing.
Ah. Vera.
Hello.
- It's been a long time. - Too long.
Why didn't you tell me about their offer?
- How much was it? - ยฃ25,000, plus school fees.
- Well, that'll go nowhere. - In trust, every year,
until he finishes university.
You going to see the boy?
- His name is Michael. - Yes, I know.
So what will you do?
I don't know. You're right. It is a massive responsibility.
If I go and see him, it'll be hard to walk away.
You can't just leave him there and not see him.
Well, I hardly think Social Services
will let me breeze in there and take him.
Are you kidding? They're crying out for good foster parents.
You do realise that we wouldn't have a moment to ourselves, don't you?
"We" wouldn't?
Come on, Mimi. Let's go and see if Michael likes dogs.
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