Original subtitles

# Way down in the water

# Way down in the hole

# Far away from any soul

Where there is discord may we bring harmony

and where there is despair may we bring hope.

# I'm coming back from the fire

Put your trust in us

and we shall repay that trust

for you.

# Coming back from the fire not burning no

Turn it. Spin it.

Spin the camera!

Spin the camera!

(WOMAN LAUGHING)

Jason come on! It's ready.

Surprise...

Tea first then presents OK?

OK.

ALL: # Happy birthday to you

# Happy birthday to you

# Happy birthday dear Jason

# Happy birthday to you

Make a wish.

Look.

A card from his dad.

It was under the table.

Not opened.

It's tough for him.

It's tougher for Kevin.

My client Mr Lawton

was tried and found guilty

first by the press and then by social media.

It made his life a living hell for over two years.

It took less than a day today for the truth to come out.

He should never have been arrested.

He should never have been brought to trial.

That's the truth.

Report that.

Tweet that.

"Dear Miss Banville.

My son Jason turned 14 today.

His father is Kevin Russell

who you have probably heard of.

Kevin's been in prison for 14 years

all of Jason's life.

I'm writing to ask if you will look at Kevin's case

because I know he didn't kill that girl.

I've talked to other lawyers and got nowhere.

I have to try one more time

because I owe it to Jason

to prove that his dad isn't a killer.

That he's a good man.

Please help us find the truth.

(WOMAN HUMMING AND BABY CHATTERING)

Hi Miriam. Good morning.

I'm gonna be out all day today.

You should stay with Karim just to be safe.

OK.

Yeah and Steve'll be up. He'll be up eventually.

Emma. Hi Annie.

I'm so grateful I can't tell you.

You all right? You know the rules.

No touching.

Jason sends his love.

Be nice to see him.

He'll come next time I promise.

So Kevin this is Emma Banville the lawyer I told you about.

She's agreed to look at your case.

How much is she costing you? She's doing it for free.

Oh great a stupid lawyer.

Kevin she's come all this way.

OK. So what do you wanna know?

Can you leave us please?

Not allowed sorry.

I'm his solicitor. It is allowed.

And are those cameras off? Yeah.

Cos if they're not and anything said in here gets leaked to the press...

They're off. Thank you.

Go on then. Did you murder Linda Simms?

No I did not. So why did you confess to it?

Because I was tired and scared and she never let up on me. Never.

"She." Detective Inspector Greenwood?

By the time she'd finished I'd have confessed to killing my own mum.

Kevin how can you confess to something you know you didn't do?

You haven't heard of coerced confessions Emma?

Take a scared kid mess with his head you can put any words you want in his mouth.

That's what she did to me. Told me how I did it where I did it and why.

You were 23. Not a kid.

And most coerced confessions get thrown out.

Yours wasn't.

You know why?

Because they had good lawyers and I had shit lawyers and it looks like that ain't gonna change.

ANNIE: Kevin!

Is there anything new you can give me?

Anything about the case anything about the investigation.

(SIGHS) I already told 'em everything. The police the lawyers the court.

I had a good job. Then my girl she's pregnant we're looking forward to our first kid

and then I get accused of killing a girl I don't even know.

A witness saw you talk to her the night she disappeared.

At a school disco with 200 kids.

I didn't kill her. If you think I did then why are you here?

Cos Annie believes you didn't and she convinced me.

But without new evidence I'm never gonna get your case before the Review Commission.

So...

think Kevin.

Is there anything new you can give me?

No. There's nothing new.

(BANGS ON THE DOOR)

Steady on. You done? Yeah we're done.

I'll bring Jason next time Kev.

You know what that police woman said?

She said if I confessed it would help me in court and with my boy.

When did she say that to you?

But it didn't help me in court and it didn't help me with my boy because he's been to see me twice

in the last six years and he obviously hates my guts.

None of this is in the transcripts. When did she say that?

So I guess she lied.

Police lie to get a conviction. Is that new enough for you?

When did she say that to you? When?

(WOMEN SINGING FAINTLY)

(CAR HORN BLARES)

(TRAIN RUMBLING PAST)

Even if his confession's thrown out the forensics convict him.

Why waste your time going to see him?

Cos of Kevin's ex-fiancee. She never gave up on him. Ever.

Annie who was pregnant at the time of the murder

and married someone else the second Kevin was locked up?

Annie who tried to get over 40 law firms to take a look at Kevin's case.

She married because the child needed a father.

Who wasn't a paedophile. Sexual activity was never conclusively -

Oh come on - Ladies please.

Emma why do you want to continue with this?

Because the confession is questionable...

The IO might have questioned him outside PACE which is a breach -

A technicality. The forensics -

Were done by Galion labs which is owned by a bunch of ex-coppers

who have been investigated at least six times and have had four convictions overturned.

Dad taking on Kevin Russell will bring us nothing but ridicule.

It certainly won't make us any money. You're right Maggie.

This firm has always preferred ridicule to money.

I don't know how we're still in business.

Well we won't be much longer.

Just a few more days.

PACE tapes? You're really gonna put yourself through that torture?

Kevin said Greenwood put words into his mouth.

"Where I did it how I did it and why."

Olivia Greenwood was the investigating officer? You know she's in counter-terrorism now?

SO-15? Graduate entry.

This would've been one of her first cases.

There you go: inexperienced copper desperate to make her mark.

She won't like you messing with it.

You're probably already on her dartboard with your new house guest what's her name Miriam.

What's her husband up to now?

Dr Attar is in a refugee camp on the Syrian border

and yes SO-15 have an arrest warrant out on him.

(BEEPING)

Sorry. It's Ruby.

She's in the middle of London. Why's she gone dark?

Oh her. What's her last location?

Ealing somewhere.

Father's in hospital there. Pacemakers etc. Don't sweat it.

Who is she?

Why hasn't she got a phone with GPS like a normal person?

Because she's slippery.

I was in East Anglia today and I went past the place where...

..where my unravelling started.

That's hard to remember.

Like it never happened.

But it did didn't it?

(LABOURED BREATHING)

(DOOR OPENS) Emma?

He actually ate something today which is good.

How's work?

Defending any more sex offenders or mad mullahs?

We all have a right to a lawyer Mum.

Yes but why does it always have to be you?

I'm worried about you Em.

You're getting on. No husband no family...

(GROANS)

Emma...

I'm so sorry.

(MUMBLES)

I'm sorry.

(CAR ENGINE STARTS)

(TYRES SQUEAL)

Hamid. Thanks for meeting me.

Have you got your phone?

No I left it in my car.

Good. I don't want the spooks using it as a microphone.

When it comes to Syria there's no such thing as client/lawyer confidentiality.

Oh I understand believe me.

Ruby back on yet?

Been a while. Tell 15. They might want to do a bump.

(POLICE COMMUNICATION)

(MOBILE PHONE RINGS)

Greenwood.

Your uncle Yusef is not making life easy for me or for his wife.

I heard about Miriam. It's good of you to take her in.

She has family in America but what chance of getting there now huh?

That's why he has to come home.

He hired me to stop the police from harassing him then he disappears into Syria?

I mean what's he thinking? He's not on holiday you know.

They're desperate for doctors out there.

When Aleppo fell there were less than 20.

20 for quarter of a million people.

Can you contact him?

It's difficult but...yeah.

You need to tell him Miriam is alone and afraid.

You tell him he has to come home and then we'll go to the police and we'll sort it out.

OK?

OK.

He's a good man Emma.

Yeah.

He has to be a good husband too.

Besides I'd quite like to keep at least one of my clients out of jail.

Goodnight. Be careful.

(SIREN)

(TYRES SCREECH)

Know why we stopped you?

You're doing 40 in a 30 mile-an-hour zone.

I wasn't.

Since when do detectives do traffic stops?

You mean instead of catching the real criminals?

EMMA: I know you don't catch the real criminals. Why did you stop me?

FEMALE DETECTIVE: The company you keep.

What? What do you mean the company I keep?

What do you mean...?

You mind how you go.

What are your names?

(TYRES SCREECH)

Emma.

Hi Miriam. You must be hungry.

I made some food. I can heat it up. Oh no. Er a stiff drink is what I need.

I know I'm a lost cause.

Not to me.

Speaking of lost causes where is Steve?

In the pub.

(CHUCKLES)

Er he said for you to join him.

I met Yusef's nephew today Hamid.

He can get a message to him. I told him to come home.

I hope he will. I really hope.

You think he won't?

I know how important his work is.

Maybe I should go to him.

Maybe I should take Karim and just go.

No. That'll get you both into trouble.

The police are just waiting for you to make a mistake.

What have I done? I was thrown out of my flat I'm forbidden to go to my husband...

What have I done?

Look they just suspect anyone who's got ties with Syria that's all.

It'll be fine.

Yusef will be back. But until then just be careful.

Now you remember what to say if they ask?

"I want my lawyer."

"I want my lawyer."

Good.

And teach the baby too.

This is Detective Inspector Olivia Greenwood Bury St Edmunds police station.

It's February 3rd 9:11am.

Present in the room with me is Kevin Russell and Mr Russell's solicitor Raymond Blackwell.

Kevin as you know Linda Simms a pupil at the school where you work is missing.

We have a witness who says she saw you with Linda

outside the school disco on Saturday night.

KEVIN: That's not true. I think it is true.

We're searching your home and your workshop right now.

But that'll upset Annie. They can't upset Annie. She's pregnant.

Hiya love. Working hard?

I'm afraid I woke Miriam.

Oh no... No no don't worry.

Not the kid though.

How long are they gonna be camping on our couch?

Until I can find them another place to live.

How was the pub?

You were missed.

Love you.

(TAPE REWINDS)

But that'll upset Annie. They can't upset Annie. She's pregnant.

How upset do you think Linda's parents are?

Where is she Kevin? Where is she?

I don't know. A witness saw you with her.

Linda's friend saw you. I don't know.

It's been 48 hours Kevin. You know what that means don't you?

No.

It means we're beginning to lose hope so if you know anything now's the time to talk...

I don't know anything. You were the last person to see Linda alive.

Where is she Kevin? Please. Help yourself before it's too late.

DI Greenwood Bury St Edmunds police station February 7th 1:05am.

You should have talked to me Kevin. You should have told the truth.

What do you mean? We found Linda.

Her body. Buried 20 yards from your workshop.

And we've got enough to put you away basically forever.

Do you want that Kevin?

Now Linda...she was knocked out.

She was put into the ground unconscious.

She woke up in the ground trying to breathe.

Those were her last moments on earth.

She was in your workshop wasn't she?

There were strands of her hair fibres from her clothes found here here...

there there.

She was in your workshop wasn't she Kevin?

Wasn't she?

Wasn't she?

Yes.

You don't have to tell us what you did we already know.

Linda was hit twice.

A blow to her legs hard enough to break bones

and a blow to her head knocking her out.

So what did you hit her with?

What did you hit her with?

I didn't.

There's enough here for a jury to convict you.

I didn't do it.

But the question is what will they convict you of?

Cold-blooded murder?

Or of getting out of your depth?

Panicking.

Accidentally killing the person that you actually had feelings for.

So you had to get rid of the body.

How did you get rid of the body?

I don't know. You don't know Kevin?

We all can understand fear and panic

but you need to tell us the truth

you need to tell us what happened.

If you want the jury to feel sympathy for you you have to be honest.

What did you hit her with?

(FAINT TAPPING)

The shovel.

You hit Linda with a shovel? Yes.

And where did you hit her first? What part of her body?

(FAINT TAPPING)

Her legs.

You knocked her down and then?

(TAPPING)

Head.

Her head.

You hit her on the head?

(SOBS) LAWYER: That's enough.

My client needs a break.

Your client needs a fucking lawyer.

(GIRL'S LAUGHTER ECHOES)

(PANTING)

(CELL DOOR CLOSES OUTSIDE KEYS JANGLE)

(HORN BLARES)

You knocked her down and then...?

Head. (FAINT TAPPING)

Her head.

You hit her on the head? (SOBS)

It's clear from the silences on the tape.

Greenwood had the crime scene photos on the table showing Kevin what to say.

She's actually pointing to the answers.

She led him.

She put words into his mouth.

At the very least I can get the confession thrown out.

I want to have a look at the forensics. I checked.

His lawyers don't have them. Only obliged to keep them six years.

What can we do?

Go to Bury St Edmunds station where Kevin was originally questioned

pray to God they kept the files.

OFFICER: You wanna look at what case?

Er Linda Simms February 2003.

February 2003? Not a problem.

This is DS Hammond.

Drop everything and find a case file from 2003 for a solicitor from London...

What? You're too busy?

Crimes to solve?

OK.

Sorry. You should have called. Saved yourself a drive.

Er I'm not going anywhere until I see Linda Simms' file.

It's my right.

Put your request in writing I'll see what I can do.

The only thing I'll be putting in writing

is a letter to the Complaints Commission about your obstructive attitude.

You're that lawyer aren't you?

What's wrong not getting any headlines recently?

Wanna kick up a stink?

Is there a stink to kick up?

The case number is O21464487.

The files'll be in your storage facility outside Thetford.

Had a cold case inquiry here six years ago. The facility was immaculate.

You're a copper. Was.

And now you work with her?

Ha. We all make mistakes.

This is a non-smoking room.

Not any more.

What are we looking for exactly?

Don't know. Anything untoward.

Anything...untoward.

Interesting.

Evidence of sexual activity that night was inconclusive but she wasn't a virgin.

I want to go out there tomorrow.

To the school where she was found.

Anyway time for bed.

Right which side do you want?

What? Can't I have my own room?

Sure. If you pay for it.

Daddy!

(JET PASSES OVERHEAD)

(JET PASSES OVERHEAD)

(JET PASSES OVERHEAD)

(RUMBLE OF THUNDER)

Fragments of her clothes fragments of her hair...

(JET PASSES OVERHEAD)

(RUMBLES OF THUNDER)

There's no conifers.

Not one.

I read the autopsy report last night.

In Linda's hair there was sand plant fragments...and pine needles.

Could have been cut down.

There weren't any in the crime scene photos either.

And the same plant fragments were in her trachea and her lungs.

How can she inhale something that isn't here?

Oh dear. Linda's family. How the hell did they know?

Oh Christ...

(RUMBLE OF THUNDER)

Emma Banville? Yes.

I'm Linda Simms' dad Charlie.

This is her mum Beth. Her uncle Phil. What are you doing here?

I'm taking a look at the case.

Why would you want to do that? I've been asked to.

Who by?

I'm sorry that's confidential.

It's that mad cow Annie Peterson.

Cos every time she gets a lawyer digging it up it's like she kills Lin all over again.

I'm really sorry. We - Sorry?

You've no idea.

My baby's in the ground nothing to breathe...

I wake up screaming.

Why are you doing this to us?

We're asking you nicely.

Right?

Just stay away.

(CAMERA SHUTTER CLICKS)

If you don't want to live through this again why have you invited the press?

Cos we don't want you here. So why don't you piss off?

Yeah?

(CAMERA SHUTTER CLICKS)

(CAMERA SHUTTER CLICKS)

(CAMERA SHUTTER CLICKS)

I want to get a copy of the autopsy report to an independent lab.

Karen Buxton probably.

You think you have enough? Yeah a major forensic anomaly.

Is it worth the grief? What?

I should back down because of a bunch of vigilantes?

Their daughter was murdered.

And Kevin Russell's been in prison for 14 years.

That damn journalist.

I can just see the headlines: "Banville defends another paedophile."

Emma you never read the papers never watch TV. Why would you care?

Because...

..because at the moment I do.

But why?

I just don't want that kind of publicity at the moment.

I'm trying to adopt.

You? Yeah me.

I've got a home an income a steady relationship.

Hm steady-ish.

Why now?

Is it cos your dad's dying?

No.

I don't know.

It's just all this carelessness and lies.

It's been my life for so long.

Just need something else.

Quick quick quick.

Have you done your homework? Yeah.

Have a good day. Bye.

Have a good day.

I got the bread...and this.

Oh no. You put him in the news again.

You're sick you know that?

I've gotta go to school. I've gotta live with this. (PHONE RINGS)

Hello. (MAN SHOUTING ANGRILY)

Leave us alone!

Emma. Steve.

Externals are fine: stability of employment income residence.

The police checks were OK...almost.

You have a criminal conviction Steve.

Well a suspended sentence.

I got done for trespass once.

I'm a photographer for...for the papers.

Where were you trespassing?

It's a long story but it's how we met.

Em was representing the other side.

Tore me apart on the stand.

I just thought she was lovely.

Now given your age you won't be adopting a baby but a child?

Yes.

Some of these children come from very troubled backgrounds.

We don't want them to experience further disruption.

Oh they wouldn't. Not with us.

What about this sort of disruption?

Imagine your child having to deal with this.

At school in the playground? Well that would stop.

What you'd give up being a lawyer? Well no.

But there are many types of law. Don't all involve headlines.

Do-gooders. Bring me out in a rash.

What are you doing with me then?

Like I said you're lovely.

(CHUCKLES) That headline's not gonna help us.

The fella who wrote the article Tony Pullings. I know the name.

Know him from years ago when he was just a photographer.

Pretty good one.

Used to work for the Cambridge Times. He was working there when Linda Simms went missing.

The local police used to use him to photograph crime scenes and stuff.

That's how he got the jump on most of Fleet Street.

So the case made him?

Like it made Olivia Greenwood.

Nothing like a dead white schoolgirl to advance a few careers.

Guard. Guard!

(GRUNTS)

Aagh! This is from Phil and Charlie Simms.

They say you've got a lawyer.

They say you've been telling lies about what you did to Linda.

What did you do to her Kevin?

Tell us the truth now. (WHIMPERING)

Aagh!

Tell us the truth.

I killed her!

That's it. Take care Kevin.

Kevin said it was an accident but it wasn't. It's hardly the first time.

And there's something else.

Kevin says he wants to stop.

Working with you.

He says he made it all up.

He says he did it he killed Linda.

What and you believe him?

He stuck to the same story for 14 years Annie.

The only reason he'd change is cos someone's got to him.

He says he wants you to stop.

Because he's frightened.

No because he did it. He's a murderer.

He ruined mum's life and my life and he keeps ruining it.

All right Jason. Derek's my dad not him.

He should never get out. Ever.

I said that's enough.

Are you gonna give up too Annie?

When you fought for so long?

Just when I'm getting somewhere?

Please tell me you've got something.

Got a few tests to run but basically done and dusted.

You were right about the plant matter.

None of the fragments in Linda's lungs matches the flora of her burial site.

What plant matter did she ingest?

Conifers. Douglas fir and Sitka spruce.

Soil samples: the soil dust sand mainly sand found in Linda's lungs and throat

also didn't match the soils of the burial site.

What do they match?

They were impregnated with kerosene.

High-grade kerosene also containing toluene naphthalene and xylene.

It's jet fuel.

Most likely JP-8 the main fuel of fighter jets bombers.

She was buried on an air force base.

She was first buried buried alive... And then she was moved.

Why?

There are two bases in Suffolk the RAF and the Americans use: Lakenheath and Crawbury.

And Crawbury is less than a mile away from where Linda was last seen Hainwood School.

But what does it mean?

It means if Kevin murdered Linda he buried her twice.

First near one of these airfields

then he dug her up and buried her again

20 yards away from where he works.

It doesn't make sense.

Unless he didn't do it. It's enough.

The Commission will have to re-open the case.

Aren't you all forgetting something?

Kevin is now saying he did kill Linda.

Doesn't that make this rather academic?

I'm telling you I did it. I killed her I accept it. You're fired.

I know you didn't do it.

You have to say that.

It's some kinda...kinda lawyer thing so you can -

Kevin I know the review board would re-examine your case

and I believe your conviction will be overturned.

I will get you moved put in solitary.

I will kick down the Home Secretary's door if I have to.

You shouldn't be in here and shouldn't be getting beaten up when you're in here.

I know you've been threatened that you're scared.

But if you trust me you will walk out of this place.

You'll be a free man.

You fought for so long Kevin. Don't give up now.

So...am I still your lawyer?

(MURMUR OF CROWD)

MEMBER OF GALLERY: Oh no. (OTHERS MURMURING)

All rise.

In the appeal of Kevin Russell against his conviction for murder

we have considered the appellant's arguments and the new evidence referred to therein.

In light of this it is our majority opinion that the conviction of Mr Russell is unsafe

and we hereby order the conviction be quashed.

(MURMURING INCREASES)

You did it.

However having considered the Crown's response

and the additional evidence presented by the police

we agree with their submission that a full retrial is necessary and is so ordered.

In the meantime we order that Mr Russell be released on unconditional bail.

All rise.

Miss Banville. I'm Olivia Greenwood.

I know who you are.

So what's this new evidence?

There was one lie of Kevin's that I could never break.

That he'd had no contact with Linda Simms before the night she disappeared.

Why should that be a lie? Because it was.

Look.

Recognise her?

Linda Simms. Recognise the place?

Outside Kevin Russell's little hut.

Where did you find this? Who took it?

You'll learn soon enough.

Ah here comes the man himself.

You let a terrorist's wife live in your home and you set a murderer free.

You play with fire.

Derek's outside with the car. Good luck out there Kevin.

We'll take you straight to the hotel.

(CAMERAS CLICKING) What's your reaction to the news

there's going to be a retrial?

Convicted killer Kevin Russell

was released after the Court of Appeal

overturned his conviction

for the murder of schoolgirl Linda Simms in 2003.

However in the light of new evidence

the police have announced...

(PHONE RINGS)

Heather? It's Alastair.

Are you on a secure line? Yes.

You've seen what's been happening over here.

Kevin Russell. Ah on the table behind the pie.

What? What did you say?

Don't worry about Russell. It's fixed.

How? I used the photographs.

Are you out of your mind?

The photos show what Russell is. They'll put him back where he belongs.

They could also expose other things.

Yes they could. I appreciate how embarrassing that would be for you.

Let's be clear here not just for me.

But happily it's irrelevant because we own the man who took them.

You'd better be right about this. You seem rather stressed.

Shall I come over and hold your hand?

That's not necessary.

Nonetheless I'm coming.

And you can do something for me.

Russell's lawyer I want information on her.

Why don't you Google her?

I said information.

Or have you been put so completely out to grass no-one takes your calls any more

in which case why the fuck should we bother to protect you?

(ANGRY VOICES OUTSIDE)

(CHANTING) Kevin Russell you are guilty!

(CHANTING CONTINUES)

(BOTTLE SMASHES)

Kevin Russell...

subtitles by Deluxe