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WWW.MY-SUBS.CO
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(MUEZZIN SINGS CALL TO PRAYER)
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(WOMAN WAILS)
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(HELICOPTER WHIRRING)
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(COUGHING)
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- You're gonna be all right, mate.
- They're in there! Others.
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(SHOUTING)
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They're in there!
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Clear! Clear!
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(BREAKING GLASS)
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Clear!
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- This one's still alive. Get a medic!
- (MAN SHOUTS)
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(MAN SHOUTS)
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(VEHICLE SOUNDS HORN)
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In this country, although we pride
ourselves on our freedom of speech,
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it is not an enshrined right.
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Now, Shelby Brookes
was correctly convicted
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for stirring up hatred against
persons on religious grounds,
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contrary to the Public Order Act 1986,
Section 29 (b),
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as inserted by the Racial
and Religious Hatred Act 2006.
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The evidence presented at this trial
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clearly demonstrates
that he intended to stir up such hatred.
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And in one particularly offensive passage,
and I quote,
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"Islam is a backward religion.
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"It's highly dangerous and intolerant.
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"Everyone knows it,
but we're becoming a state
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"where ordinary British people
are scared to take action..."
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- (MURMURING)
- "...like proper citizens." Unquote.
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Now, these words may seem harmless,
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but spoken at the end
of a rally in Bradford,
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they were deliberately provocative
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- and led to rioting.
- (WHISPERING)
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(CHATTER)
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I'm Sir Ian Rochester,
Permanent Secretary of the DCA.
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Now, I ask you to give proper weight
to the statutory protections,
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as inserted by 29 (j) of the Act.
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This guarantees that none
of the provisions
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to which Sir Alan
has directed Your Lordships
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can ever be interpreted in such a way
as to prohibit or restrict discussion,
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criticism, ridicule or even abuse
of particular religions
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or the beliefs of their adherents.
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Attacking an individual,
that is a different matter.
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Shelby Brookes didn't do that.
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He has a protected right,
like every other person,
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to challenge or condemn
any belief system or religion.
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Despite legislation put in place
to protect his right to criticise ideas,
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the police chose to be provocative
in arresting him.
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So, unless and until we proscribe
Mr Brookes's party,
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we must defend to our dying breath
his right to speak freely, within the law,
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regardless of who that offends.
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Thank you, Mrs Mills.
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Would you defend your client's
right to deny the Holocaust?
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He made such a statement
on one occasion.
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As offensive as that idea is, the law
must defend his right to express it.
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- The alternative is dictatorship.
- Hm.
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We shall adjourn to consider ourjudgment.
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All rise.
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Good morning?
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Well, I should feel more sanguine about it
if Deed wasn't on the bench.
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- Did you see the mob outside?
- And why the police allow it...
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Oh, yes, the Cabinet's braced for trouble
if this... if this appeal succeeds.
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Deed won't let that influence him.
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I thought he'd been
sent off to The Hague.
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There's no work for him there.
He's at liberty to sit back here.
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Mrs Mills, your feelings?
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I think it's shameful
the Government ever brought this case.
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What else could I expect
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from that radical bunch of loonies
that she's joined forces with?
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His opinions are odious,
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but in a democratic society, is it
really necessary that we zip his mouth?
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Well, Article 10 of the European
Convention forbids us to do so.
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Not entirely.
It restricts his rights sometimes,
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for public safety and for the protection
of the rights of others.
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Brookes is a racist.
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He hates blacks and Muslims
and gays and Jews,
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and people with six toes, for all I know.
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And, despite the location of his speech,
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Brookes was careful
to attack only the religion.
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Can we permit a religious creed
to be immune from criticism
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simply because its adherents
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- claim that that criticism is insulting?
- (CLOCK CHIMING)
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We have to try to get
behind the words, Joe, to intent.
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Wasn't Islam being held up in hatred?
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There is European jurisprudence,
Jersild versus Denmark 1955.
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Ajournalist was convicted
of aiding and abetting racial hatred.
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He had interviewed three neo-Nazis.
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On overturning the conviction,
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the court ruled that it would
seriously hamper press freedom
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were he prevented
from disseminating such views.
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JOHN: This still ignores Article 17.
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We can't interpret any right
in the Convention in any way
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that allows Brookes to destroy
any of its other rights and freedoms.
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Brookes was following the law
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by not attacking the security
of the Muslims under the Convention,
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only their ideas.
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Ideas lead to physical reality,
Joe, violence.
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I can't believe
that Brookes wasn't aware of that.
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There's very little we can do about it
under the law as it now stands.
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In a full democracy, ideas alone
don't undermine anyone's peace, John.
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- Do we live in a full democracy?
- That's why we need these protections.
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How would you feel if your core religious
beliefs were held up for ridicule
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by somebody claiming
to represent the white majority?
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I'd want the blasphemer stoned.
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We'll all be stoned if we overturn
the lower court and release him.
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Now, there's a dilemma.
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Should we uphold a wrong judgment
for fear of reprisals?
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I'm still not convinced it was wrong.
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Then we must each take our own counsel
and meet at a later date. 14 days?
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(SIREN WAILING)
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11 people shot in Basra
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is hardly huge in relation to the number
of people killed there, Ian.
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These were civilians killed by a British
soldier. Four of them were children.
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- Well, three were terrorists, surely?
- That was the Army's original position.
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The Iraqi government
now claims none were.
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- Huh! Well, how reliable is that?
- They want the case heard in Iraq.
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Well, the PM might go along with it
as part of our exit strategy.
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Pity poor Private Clark.
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Have we got an exit strategy?
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- The Army wants a court martial.
- Well, they won't get it.
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Not even with the Secretary of State
for Defence arguing for it in Cabinet.
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Taxi!
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Er... Garrick Club, please.
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(VEHICLE SOUNDS HORN)
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Sir Joseph.
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(ALARM SOUNDS)
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- Did you recognise the woman, Joe?
- Well, do you think it's serious?
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The Home Office can't treat it
as anything other than serious.
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But I barely saw the woman.
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You'll all have to have
round-the-clock protection.
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(LAUGHS) As long as she's got good legs!
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Ooh, yeah!
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(BIRDSONG OUTSIDE)
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What are Sir John's routines?
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00:10:02,983 --> 00:10:06,302
I keep his diary quite secure.
You'll have to ask him.
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00:10:06,303 --> 00:10:08,303
This is not helping your boss.
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I'm beginning to think this is a move
by the Lord Chancellor to restrict me.
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We can't take any risks.
We're taking it very seriously, sir.
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It was Sir Joe Channing
that was threatened.
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00:10:17,543 --> 00:10:20,582
- Yeah, I've been assigned to your staff.
- I don't think Mrs Cooper needs any help.
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I'm sure you wouldn't like it if Mrs
Cooper opened a letter addressed to you,
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and it exploded.
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I wouldn't like it any better
if it happened to you.
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All the while you're here,
you must report to Mrs Cooper.
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- Sir, I really think...
- Yes, yes, all right.
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I'm sure you're very good at what you do,
but so is Mrs Cooper.
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- Is he always so difficult?
- Huh!
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- I will need to know his movements.
- I wish I knew them myself.
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- He has lots of girlfriends.
- I wouldn't know about that.
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Is he sleeping
with the barrister, Mrs Mills?
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- Is that anyone's business but his?
- He could be at risk.
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Look, we have to ensure his safety
without his knowing.
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00:11:02,423 --> 00:11:05,062
He's in court on another appeal
this afternoon.
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Is it likely to attract
a lot of the general public?
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The status of electronic bank drafts
in the law of theft?
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Yeah, they'll be queuing
down The Strand(!)
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Afterwards, he's meeting Mrs Mills.
They're fencing at the gym.
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I don't care how stable a trial in Baghdad
makes those rag-heads look...!
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Sounds like the Secretary of State
for Defence is adamant, Percy.
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Ready to punch someone, I'd say.
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...Our boys deserve better!
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The proper course is for the Army
to court-martial Private Clark.
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The Iraqis won't budge.
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- We wrest the country back from a madman.
- (CLOCK CHIMING)
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- Now they imagine they're a democracy.
- More people voted in Iraq than here.
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Well, you know the PM's view, Martin.
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It'll help stabilise Iraq if the courts
are at least seen to be functioning.
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But the troops on the ground would feel
they have no protection until we exit.
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The longer we delay the functioning
of their administration,
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- the longer that exit will take, General.
- (CLOCK TICKING)
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(SNORTS) A trial in Iraq
would be seen as a sellout.
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Even more of our lads would desert.
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No-one's selling them out, Andy.
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I'll fight this one in public
if necessary.
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See what the electorate thinks.
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(SWORDS TAP AND SCRAPE NEXT DOOR)
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(SIGHS)
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The police tramped
through my apartment today.
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Checking on security
in case you visit me.
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That was a bit presumptuous.
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I think it provided them with an excuse.
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Because of my relationship
with Radical Lawyers for Justice.
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The police have become an arm
of government. Nobody seems to care.
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00:12:42,743 --> 00:12:46,262
Well, you'd better start caring. You might
need to rely on them for your security.
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00:12:46,263 --> 00:12:48,733
I can't take that seriously.
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They did ask about us.
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What did you tell 'em?
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00:12:57,341 --> 00:13:00,621
- That I can never be with you.
- Why?
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00:13:01,701 --> 00:13:04,500
What's that all about?
I thought life was good.
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00:13:04,501 --> 00:13:07,381
Yeah. It is for you, John.
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00:13:08,901 --> 00:13:11,580
It's like you can't be touched
on any level.
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00:13:11,581 --> 00:13:13,340
Is this why you've hooked up
with Radical Lawyers?
191
00:13:13,341 --> 00:13:15,571
No, that was a good offer.
192
00:13:15,621 --> 00:13:18,420
In legal circles, it's self-immolation.
You could have been a judge.
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00:13:18,421 --> 00:13:20,860
Yeah, and then I'd be unassailable too,
and I don't want that.
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00:13:20,861 --> 00:13:23,380
Jo, come on.
Why are you doing this? Don't do this.
195
00:13:23,381 --> 00:13:25,860
Because I don't like the way
I'm living my life, John.
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00:13:25,861 --> 00:13:27,980
- I want to change it.
- Is this helping?
197
00:13:27,981 --> 00:13:29,940
Excuse me, but who are you
to question that?
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00:13:29,941 --> 00:13:32,500
If you get close to this lot,
you'll never be a judge.
199
00:13:32,501 --> 00:13:34,660
What difference could I make
on the bench, anyway?
200
00:13:34,661 --> 00:13:37,460
Mm-hm? And if you're stopped
from being a barrister?
201
00:13:37,461 --> 00:13:39,821
Has anyone threatened that?
202
00:13:39,861 --> 00:13:42,941
This new set is totally lopsided,
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00:13:42,981 --> 00:13:47,061
totally political.
They ignore all principles of objectivity.
204
00:13:47,101 --> 00:13:49,540
No, they believe in what they're doing,
205
00:13:49,541 --> 00:13:52,780
and that is more than can be said
for most lawyers.
206
00:13:52,781 --> 00:13:56,981
Don't you use them
as a stick to beat me with.
207
00:13:57,021 --> 00:13:59,661
We've got too much history for that.
208
00:13:59,701 --> 00:14:02,701
And don't you manipulate me, John.
209
00:14:04,821 --> 00:14:07,380
I can't talk to you any more.
I can't reach you.
210
00:14:07,381 --> 00:14:11,771
You just... you just take a position
and you don't shift.
211
00:14:11,821 --> 00:14:14,541
A bomb is probably all that'll move you.
212
00:14:15,581 --> 00:14:17,571
(DOOR CLOSES)
213
00:14:18,781 --> 00:14:20,821
(BIRDSONG OUTSIDE)
214
00:14:49,621 --> 00:14:51,581
(BELL RINGS)
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00:15:16,781 --> 00:15:18,821
It is an outrage.
216
00:15:18,861 --> 00:15:20,620
The British are denying us justice
217
00:15:20,621 --> 00:15:24,088
by refusing to allow us
to try Private Clark in Iraq.
218
00:15:24,101 --> 00:15:26,740
Instead, they are insisting on The Hague.
219
00:15:26,741 --> 00:15:28,780
Yeah, I've been following the public row
220
00:15:28,781 --> 00:15:30,900
between the British PM
and the Army Minister.
221
00:15:30,901 --> 00:15:33,540
This soldier must be tried on Iraqi soil.
222
00:15:33,541 --> 00:15:37,980
That might be risky, Mr Ambassador.
It suggests you want a lynch party.
223
00:15:37,981 --> 00:15:40,051
We want only justice.
224
00:15:40,101 --> 00:15:44,140
But The Hague is the perfect venue.
Politically sophisticated.
225
00:15:44,141 --> 00:15:49,061
Yes, but can the International
Criminal Court deliverjustice for Iraq?
226
00:15:49,101 --> 00:15:53,651
I will prosecute personally.
Let's talk to Claude Previn.
227
00:15:53,701 --> 00:15:56,781
It is still a trial in English
for the English.
228
00:15:56,821 --> 00:16:02,341
Given France's consistent opposition
to the war, you need have no concerns.
229
00:16:02,381 --> 00:16:07,661
Iraq must make a formal request
under the Statute of Rome, Article 13.
230
00:16:09,101 --> 00:16:12,140
We would like this case, monsieur.
N'est-ce pas, Marie?
231
00:16:12,141 --> 00:16:15,100
We would make sure
the soldier was found guilty.
232
00:16:15,101 --> 00:16:17,140
The consequences of their illegal war.
233
00:16:17,141 --> 00:16:19,820
- Claude?
- If only we could fight that battle.
234
00:16:19,821 --> 00:16:22,581
I will talk... to our Justice Minister.
235
00:16:22,621 --> 00:16:24,060
As far as the Army's concerned,
236
00:16:24,061 --> 00:16:26,660
the International Criminal Court
is little better than Iraq.
237
00:16:26,661 --> 00:16:28,061
Hardly, General.
238
00:16:28,101 --> 00:16:30,540
The soldiers on the ground
won't notice any difference.
239
00:16:30,541 --> 00:16:33,020
And how many more desertions
can we sustain?
240
00:16:33,021 --> 00:16:35,251
3,000 to date.
241
00:16:35,301 --> 00:16:39,540
It's out of our hands now. We are official
signatories to the ICC, after all.
242
00:16:39,541 --> 00:16:41,260
Some means must be found to block this.
243
00:16:41,261 --> 00:16:44,620
If we don't, soldiers who don't go AWOL
will avoid taking action
244
00:16:44,621 --> 00:16:46,620
for fear of being made
a political football.
245
00:16:46,621 --> 00:16:49,661
This is part of our exit strategy.
246
00:16:49,701 --> 00:16:53,011
- (CLOCK TICKING)
- What exit strategy?
247
00:16:54,301 --> 00:16:58,901
Well, I, er... I suppose we must
get out sooner rather than later.
248
00:17:00,021 --> 00:17:03,900
Then we must pre-empt a trial at The Hague
and try him by court martial.
249
00:17:03,901 --> 00:17:06,420
Well, that would cause
an international incident.
250
00:17:06,421 --> 00:17:09,101
There might be a simpler solution.
251
00:17:09,141 --> 00:17:13,340
Private Clark's mental state
could mean that he's unfit for trial.
252
00:17:13,341 --> 00:17:16,021
Now, that's a possibility, General.
253
00:17:16,061 --> 00:17:20,100
Not much honour there.
Anyway, our trick cyclists say he's sound.
254
00:17:20,101 --> 00:17:22,331
(CLOCK TICKING)
255
00:17:23,381 --> 00:17:25,981
Right. I'll report back.
256
00:17:29,101 --> 00:17:31,091
Gentlemen.
257
00:17:33,861 --> 00:17:35,661
(DOOR OPENS AND CLOSES)
258
00:17:35,701 --> 00:17:39,491
How much of a sacrificial lamb
is this soldier, Alan?
259
00:17:39,541 --> 00:17:43,420
Well, I suppose we could withdraw
HMG's consent to the trial,
260
00:17:43,421 --> 00:17:46,460
although the PM's inclined
to take it on the chin.
261
00:17:46,461 --> 00:17:49,221
It's Private Clark in the dock, not HMG.
262
00:17:49,261 --> 00:17:51,580
Well, it puts clear blue water
between us and the US.
263
00:17:51,581 --> 00:17:55,940
It shows that the British
don't shy away from international justice.
264
00:17:55,941 --> 00:18:01,941
If Deed was on the panel,
swimming our way, so much the better.
265
00:18:01,981 --> 00:18:05,861
How to get Deed to swim
other than against the tide, Alan?
266
00:18:05,901 --> 00:18:08,021
(CLOCK TICKING)
267
00:18:08,061 --> 00:18:11,531
Your name's been put forward
for the trial panel.
268
00:18:11,581 --> 00:18:13,900
The Government feels
it should be represented.
269
00:18:13,901 --> 00:18:16,180
I don't represent the Government, Ian.
270
00:18:16,181 --> 00:18:19,651
His Honour Judge Previn
is resisting your inclusion.
271
00:18:19,701 --> 00:18:22,100
He hasn't got much trial experience.
272
00:18:22,101 --> 00:18:25,220
Do any of them? They'll make up
the deficiency by time-wasting.
273
00:18:25,221 --> 00:18:27,660
Oh, no, that means a year or more, Ian.
274
00:18:27,661 --> 00:18:30,180
I'd really rather
one of the otherjudges did it.
275
00:18:30,181 --> 00:18:36,821
I think there's a move afoot to sacrifice
Private Clark to our exit strategy.
276
00:18:36,861 --> 00:18:38,300
Which is what, exactly?
277
00:18:38,301 --> 00:18:40,101
I'm not privy to it, John,
278
00:18:40,141 --> 00:18:42,780
but I think it involves an English judge
279
00:18:42,781 --> 00:18:46,941
helping to deliverjustice
by finding Private Clark guilty.
280
00:18:46,981 --> 00:18:48,811
And if he's not guilty?
281
00:18:48,861 --> 00:18:51,328
It's a small price to pay, it's felt,
282
00:18:51,341 --> 00:18:54,541
for saving the lives
of British soldiers in Iraq.
283
00:19:46,781 --> 00:19:48,821
(SIGHS)
284
00:20:00,901 --> 00:20:02,941
(SIGHS)
285
00:20:11,341 --> 00:20:17,131
(SIGHS) John, please go
before I say something I might regret.
286
00:20:19,661 --> 00:20:21,651
Just go.
287
00:20:24,701 --> 00:20:26,661
Go!
288
00:20:30,341 --> 00:20:34,731
I can't do the case in The Hague.
Deed's on the trial panel.
289
00:20:34,781 --> 00:20:39,781
- That's madness, Jo.
- We had a relationship, Simon.
290
00:20:39,821 --> 00:20:42,060
Well, then, play him to our advantage.
291
00:20:42,061 --> 00:20:46,301
Think about it, Jo. It's like a gift
to Dave Clark's defence.
292
00:20:55,741 --> 00:20:57,731
(BIRDSONG)
293
00:21:23,941 --> 00:21:25,380
- Goedendag.
- Goedendag.
294
00:21:25,381 --> 00:21:27,821
I'm Dr Pavely. I have a reservation.
295
00:21:27,861 --> 00:21:30,331
Ah, yes, Dr Pavely.
296
00:21:30,381 --> 00:21:33,301
If you could fill out the registration.
297
00:21:35,821 --> 00:21:38,101
Shall I unpack, Judge?
298
00:21:39,501 --> 00:21:43,060
- This trial's reckoned to last a year.
- Are we staying?
299
00:21:43,061 --> 00:21:45,340
Well, from what I've read so far,
we could do it in three weeks.
300
00:21:45,341 --> 00:21:46,741
I'll unpack, then.
301
00:21:46,781 --> 00:21:48,620
Marie Madsen,
chief prosecutor of the ICC.
302
00:21:48,621 --> 00:21:50,955
Excuse me! Mr Justice Deed is busy!
303
00:21:50,967 --> 00:21:54,517
- She's here now, Coop.
- So much for security!
304
00:21:54,567 --> 00:21:58,117
I don't think there's much danger
in Ms Madsen.
305
00:21:58,167 --> 00:22:01,957
You look older
than your reputation led me to expect.
306
00:22:02,007 --> 00:22:03,687
Touché.
307
00:22:05,758 --> 00:22:09,638
- Do you fence?
- Games are a waste of time.
308
00:22:09,678 --> 00:22:12,638
It's mental discipline, like yoga.
309
00:22:12,678 --> 00:22:15,148
- You do yoga?
- No, I'm too lazy.
310
00:22:15,198 --> 00:22:18,157
Have you read the papers
in the Private Clark case?
311
00:22:18,158 --> 00:22:20,758
There is a lot to read.
312
00:22:20,798 --> 00:22:23,918
Well,
we have a drink later and talk, yes?
313
00:22:23,958 --> 00:22:28,748
Is it quite proper? The chief prosecutor
and one of the trial judges?
314
00:22:28,798 --> 00:22:31,757
Ourjoint concern
is the achievement of justice.
315
00:22:31,758 --> 00:22:34,597
I thought that you presented
your evidence, the defence theirs,
316
00:22:34,598 --> 00:22:36,958
and the judges decide.
317
00:22:36,998 --> 00:22:39,037
Article 54 (1 ) says my task
is to investigate
318
00:22:39,038 --> 00:22:42,238
both incriminating
and exonerating circumstances.
319
00:22:43,589 --> 00:22:46,256
You should not hear this case, Sir John.
320
00:22:46,518 --> 00:22:48,428
Until later.
321
00:22:56,758 --> 00:22:59,518
She's a forceful lady.
322
00:22:59,558 --> 00:23:01,628
Bit of a madam, if you ask me.
323
00:23:01,678 --> 00:23:05,878
She has a reputation
for getting drunk with the trial judges.
324
00:23:21,078 --> 00:23:23,838
Oh, I'm a police officer.
325
00:23:23,878 --> 00:23:25,868
Oh.
326
00:23:26,958 --> 00:23:29,318
So, is, er...
327
00:23:29,358 --> 00:23:32,158
is your policewoman a lesbian?
328
00:23:32,198 --> 00:23:34,318
(SNORTS)
329
00:23:34,358 --> 00:23:38,477
You have a reputation
for getting too close to the trial judges.
330
00:23:38,478 --> 00:23:41,158
You have a reputation for interfering.
331
00:23:41,198 --> 00:23:44,428
Isn't that how European courts work?
332
00:23:44,478 --> 00:23:47,037
The evidence points
to Private Clark's guilt.
333
00:23:47,038 --> 00:23:49,677
His defence team would say
it points to lack of legal guilt.
334
00:23:49,678 --> 00:23:53,677
- You're familiar with his defence team?
- My statement didn't imply that.
335
00:23:53,678 --> 00:23:55,745
Do you have sex with Mrs Mills?
336
00:23:57,038 --> 00:23:59,718
You get right to it, don't you?
337
00:23:59,758 --> 00:24:02,068
Ah, you don't deny it.
338
00:24:02,118 --> 00:24:05,238
Am I being cross-examined?
339
00:24:05,278 --> 00:24:10,758
- Oh, how can she defend this man?
- I'm not running the defence.
340
00:24:10,798 --> 00:24:15,588
- It's for us to interrogate him.
- With his defence team.
341
00:24:17,798 --> 00:24:21,917
When I heard you might be on this panel,
I was sure I wouldn't like you.
342
00:24:21,918 --> 00:24:25,228
Hm. Now you've changed
your mind, have you?
343
00:24:25,278 --> 00:24:28,588
You are frank, forthright.
344
00:24:29,638 --> 00:24:34,905
I can't stand men who don't know what
they want, nor how to get it when they do.
345
00:24:37,918 --> 00:24:40,038
Would you like to make love?
346
00:24:40,078 --> 00:24:42,758
I think that would be very nice.
347
00:24:42,798 --> 00:24:45,718
Oh, this is good.
348
00:24:45,758 --> 00:24:50,277
But at this point I must reveal I'm from
the News Of The World and leave.
349
00:24:50,278 --> 00:24:51,918
This is a joke?
350
00:24:51,958 --> 00:24:55,038
Yeah, it's...
it's more a cultural difference.
351
00:24:55,078 --> 00:24:57,917
- I thought you knew what you wanted.
- Yes, I'll regret it all my life.
352
00:24:57,918 --> 00:25:00,798
- (KNOCK AT DOOR)
- Yes...
353
00:25:00,838 --> 00:25:04,068
(CLICKS TONGUE) ...I think you will.
354
00:25:06,678 --> 00:25:08,668
Sir John?
355
00:25:11,638 --> 00:25:14,108
Nick of time.
356
00:25:14,158 --> 00:25:16,878
- (THUNDER ROLLING)
- (ALARM SOUNDING)
357
00:25:18,158 --> 00:25:21,078
(ALARM DROWNS OUT SPEECH)
358
00:25:25,518 --> 00:25:28,385
Are they going to find me guilty,
Mrs Mills?
359
00:25:29,398 --> 00:25:32,438
- Are they?
- We think our case is good.
360
00:25:32,478 --> 00:25:36,318
Dave, I want you to bring
your mother into court.
361
00:25:37,838 --> 00:25:41,228
No. She's not well. She can't.
362
00:25:41,278 --> 00:25:43,717
They'll hear how you helped
look after her when you were growing up.
363
00:25:43,718 --> 00:25:45,637
They'll see her in her wheelchair.
364
00:25:45,638 --> 00:25:49,238
I don't want her to hear
about those children.
365
00:25:49,278 --> 00:25:51,718
No, it... it'll kill her.
366
00:25:52,758 --> 00:25:55,518
Please don't make her come here.
367
00:25:59,118 --> 00:26:01,108
(PANTING)
368
00:26:11,918 --> 00:26:13,958
(PANTING)
369
00:26:17,518 --> 00:26:19,278
I wish I could do that.
370
00:26:19,318 --> 00:26:21,148
Excuse me?
371
00:26:21,198 --> 00:26:23,877
Do you know the fable
of the hare and the tortoise?
372
00:26:23,878 --> 00:26:25,708
I'm sure it ends badly.
373
00:26:25,758 --> 00:26:29,148
- Well...
- She's a guest at our hotel.
374
00:26:29,198 --> 00:26:31,798
They must be giving her different food.
375
00:26:40,038 --> 00:26:41,868
(TRAM BELL RINGS)
376
00:26:41,918 --> 00:26:44,719
- (BOAT SOUNDS HORN)
- (BICYCLE BELL RINGS)
377
00:26:44,758 --> 00:26:46,398
Hi.
378
00:26:46,438 --> 00:26:48,748
I wanted this to be informal.
379
00:26:48,798 --> 00:26:51,188
Not country to country.
380
00:26:51,238 --> 00:26:55,028
You require me to step down.
Marie Madsen told me.
381
00:26:55,078 --> 00:26:57,677
The Iraqis do not wish an English judge
to be on the panel.
382
00:26:57,678 --> 00:26:59,748
No, of course not.
383
00:26:59,798 --> 00:27:03,277
The is a most prominent case, monsieur.
We must accommodate them.
384
00:27:03,278 --> 00:27:05,317
Well, because of its prominence,
we shouldn't.
385
00:27:05,318 --> 00:27:08,717
How could the British continue in Iraq
if we gave in to their demands?
386
00:27:08,718 --> 00:27:11,877
The British shouldn't be in Iraq.
Nor the Americans.
387
00:27:11,878 --> 00:27:16,038
The UK has a commitment,
to help stabilise things.
388
00:27:16,078 --> 00:27:18,517
Can they ever be stable
under an occupying power?
389
00:27:18,518 --> 00:27:21,557
- Will it ever be stable without?
- With anyone else's help, yes.
390
00:27:21,558 --> 00:27:24,028
- Is France helping?
- Naturellement.
391
00:27:24,078 --> 00:27:26,228
Working behind the scenes.
392
00:27:26,278 --> 00:27:28,238
Naturellement.
393
00:27:29,518 --> 00:27:33,317
You'll find my trial experience helpful
in moving things along.
394
00:27:33,318 --> 00:27:35,708
These cases take time, monsieur.
395
00:27:35,758 --> 00:27:39,277
Too much time is being wasted.
We could do this in three weeks.
396
00:27:39,278 --> 00:27:42,358
I am the trial president, monsieur.
397
00:27:45,678 --> 00:27:48,718
- Mrs Mills, Judge.
- (PHONE RINGING)
398
00:27:48,758 --> 00:27:51,037
- Coop...
- I know, Judge, some tea.
399
00:27:51,038 --> 00:27:53,398
No, I haven't come for tea.
400
00:27:55,798 --> 00:27:57,717
You're on the panel
hearing Private Clark.
401
00:27:57,718 --> 00:27:59,637
Somebody doesn't want me to be.
402
00:27:59,638 --> 00:28:02,558
Good. Neither do I.
I want you to step down.
403
00:28:04,518 --> 00:28:08,038
Britain has to be represented.
404
00:28:08,078 --> 00:28:10,677
Since when have you become
the Government's hack?
405
00:28:10,678 --> 00:28:12,588
That's not the issue.
406
00:28:12,638 --> 00:28:15,277
Nor will I allow your new chums
to make it so.
407
00:28:15,278 --> 00:28:17,157
It's our Government
who should be on trial.
408
00:28:17,158 --> 00:28:19,797
Taking that line will damage your career.
409
00:28:19,798 --> 00:28:24,037
My career's just fine, thank you. I'd
sooner not be part of the Establishment.
410
00:28:24,038 --> 00:28:27,277
- Like it or not, Jo, you are.
- I'm increasingly ashamed to be British.
411
00:28:27,278 --> 00:28:31,212
Joining Jumping Jack Flash's set's
not going to help, is it?
412
00:28:33,758 --> 00:28:35,357
I want you to think
about what I've asked.
413
00:28:35,358 --> 00:28:38,438
Yeah, yeah. What defence are you running?
414
00:28:38,478 --> 00:28:41,945
Going after the Government
will not help your client.
415
00:28:45,638 --> 00:28:47,557
Claude says you refuse to step down.
416
00:28:47,558 --> 00:28:49,957
- I'm sorry, Sir John.
- It's all right, she's harmless.
417
00:28:49,958 --> 00:28:53,357
Pah! Islamic terrorists
are harmless compared to me!
418
00:28:53,358 --> 00:28:57,878
It's fine. Marie Madsen, Jo Mills.
Prosecution, meet the defence.
419
00:28:57,918 --> 00:29:01,758
Ah, Mrs Mills. I know about you.
420
00:29:01,798 --> 00:29:05,357
You will step down from this case,
Sir John. It's essential.
421
00:29:05,358 --> 00:29:08,517
- Persuade him, Mrs Mills.
- I don't have that sort of influence.
422
00:29:08,518 --> 00:29:10,958
Then leave. I'll talk to him.
423
00:29:10,998 --> 00:29:14,837
In England, the prosecution and the
defence see the trial judge together.
424
00:29:14,838 --> 00:29:17,228
This is The Hague, Mrs Mills.
425
00:29:17,278 --> 00:29:21,438
Mm. Where it seems
you need little law to get by.
426
00:29:23,278 --> 00:29:25,268
What did she mean?
427
00:29:25,318 --> 00:29:27,957
No matter how differently you do things
here, I won't see you without the defence.
428
00:29:27,958 --> 00:29:31,357
- Because of your relationship?
- I don't answer to you, Marie.
429
00:29:31,358 --> 00:29:35,117
You must withdraw when you have
a relationship with an advocate.
430
00:29:35,118 --> 00:29:36,557
You have a relationship with Previn.
431
00:29:36,558 --> 00:29:39,317
You're in and out of his room
like a fiddler's elbow.
432
00:29:39,318 --> 00:29:41,758
This is not an affair.
433
00:29:41,798 --> 00:29:44,157
What, you simply get drunk
in his room, do you?
434
00:29:44,158 --> 00:29:46,077
- Where did you hear that?
- Maybe you should step down.
435
00:29:46,078 --> 00:29:50,468
Never! I'm going to send
this British soldier to prison.
436
00:29:53,478 --> 00:29:55,468
(PANTING)
437
00:30:02,598 --> 00:30:05,557
This is getting to be a habit,
the hare passing the tortoise.
438
00:30:05,558 --> 00:30:08,958
- The tortoise wins in the end.
- Only in the fable.
439
00:30:15,798 --> 00:30:17,997
Will you be here
after your AIDS conference?
440
00:30:17,998 --> 00:30:20,278
No, I have to go to Switzerland.
441
00:30:20,318 --> 00:30:23,118
Where you run up and down mountains?
442
00:30:23,158 --> 00:30:26,038
(BOTH CHUCKLE)
443
00:30:26,078 --> 00:30:30,868
How about a more leisurely bike ride
around the city?
444
00:30:30,918 --> 00:30:33,958
- I have to do some work.
- Oh, yeah.
445
00:30:33,998 --> 00:30:36,278
That'll be our epitaph, won't it?
446
00:30:36,318 --> 00:30:39,357
Putting life on hold
while we wait for work to stop.
447
00:30:39,358 --> 00:30:41,588
Yes. It's a modern disease.
448
00:30:41,638 --> 00:30:44,278
How about that bike ride, then?
449
00:30:45,638 --> 00:30:48,028
No, I really do have to work.
450
00:30:49,518 --> 00:30:53,357
- How about dinner, then?
- You really are very persistent, Mr Deed.
451
00:30:53,358 --> 00:30:55,718
Well...
452
00:30:55,758 --> 00:30:58,558
- I do try.
- (CHUCKLES)
453
00:30:58,598 --> 00:31:00,508
(CAMERA CLICKS)
454
00:31:00,558 --> 00:31:03,358
COURT OFFICIAL: La cour se lève.
455
00:31:10,358 --> 00:31:15,038
Cour Pénale Internationale.
L'audience est ouverte à dix heures.
456
00:31:15,078 --> 00:31:16,718
Good day to everyone.
457
00:31:16,758 --> 00:31:19,878
I would like to start
458
00:31:19,918 --> 00:31:24,358
by asking the defendant
about conditions in detention.
459
00:31:24,398 --> 00:31:28,078
He has any complaints?
He is receiving the correct food?
460
00:31:28,118 --> 00:31:30,478
He is, Your Honour. No complaints.
461
00:31:30,518 --> 00:31:34,358
Can we read out the
charge to the accused?
462
00:31:34,398 --> 00:31:36,717
May it please Your Honour,
before this is read,
463
00:31:36,718 --> 00:31:41,037
I must challenge the propriety
of Sir John Deed to sit on this panel.
464
00:31:41,038 --> 00:31:42,438
On what grounds?
465
00:31:42,478 --> 00:31:45,345
He has a relationship
with the defence lead.
466
00:31:45,358 --> 00:31:46,997
You are presenting evidence?
467
00:31:46,998 --> 00:31:51,918
I would like to examine His Honour
Sir John and Mrs Mills on this point.
468
00:31:52,958 --> 00:31:57,717
Well, I would suggest my chambers, but
there is always a need for transparency.
469
00:31:57,718 --> 00:32:01,397
Not to proceed will raise the spectre
of bias in this important case.
470
00:32:01,398 --> 00:32:06,348
Sir John and Madame Mills,
would you submit to examination?
471
00:32:06,398 --> 00:32:08,958
This is wholly prejudicial.
472
00:32:10,758 --> 00:32:13,598
This trial cannot be subject to bias.
473
00:32:14,918 --> 00:32:18,677
Madame, do you have any relationship
with any judge on this panel?
474
00:32:18,678 --> 00:32:23,038
I know Mr Justice Deed.
I fenced with him only last week.
475
00:32:23,078 --> 00:32:25,317
Your Honour,
this is to favour her client.
476
00:32:25,318 --> 00:32:30,478
- Does Sir John wish to comment?
- (SIGHS) Not in open court, no.
477
00:32:30,518 --> 00:32:33,585
Under our constitution,
we demand transparency.
478
00:32:35,678 --> 00:32:41,078
Is there a relationship
likely to prejudice this trial?
479
00:32:41,118 --> 00:32:43,718
No, there is not.
480
00:32:43,758 --> 00:32:47,118
Then we should be mindful of Article 67,
481
00:32:47,158 --> 00:32:51,558
which guarantees the defendant
the right to choose his own counsel.
482
00:32:53,078 --> 00:32:55,998
May we continue reading out the charge?
483
00:32:56,038 --> 00:32:57,957
Would your honour
hear a further argument?
484
00:32:57,958 --> 00:33:00,238
Regrettably, no.
485
00:33:00,278 --> 00:33:02,078
I have ruled.
486
00:33:08,758 --> 00:33:11,478
David Patrick Clark,
487
00:33:11,518 --> 00:33:15,118
you are charged
with the war crime of wilful killing,
488
00:33:15,158 --> 00:33:20,318
contrary to the Rome Statute,
Article 8, 2 (b),
489
00:33:20,358 --> 00:33:23,092
that on November 11th last at around 5pm,
490
00:33:23,118 --> 00:33:28,558
in the context of and associated with
an international armed conflict,
491
00:33:28,598 --> 00:33:35,158
you did cause the death by shooting
of Asheer Al-Abul, aged four years,
492
00:33:35,198 --> 00:33:37,237
a person you knew to be protected
493
00:33:37,238 --> 00:33:43,758
under the provisions of the Geneva
Convention of 12th August 1949.
494
00:33:43,798 --> 00:33:47,277
You are further charged
with the war crimes of murder,
495
00:33:47,278 --> 00:33:49,998
contrary to Article 8, 2 (c),
496
00:33:50,038 --> 00:33:55,158
in that you did murder civilians
taking no part in the hostilities.
497
00:33:55,198 --> 00:33:59,118
Namely, Maliki Al-Jamil, aged seven,
498
00:33:59,158 --> 00:34:01,308
Eisa Ali Nasser, nine years old,
499
00:34:01,358 --> 00:34:04,638
Ziyal Ataie,
500
00:34:04,678 --> 00:34:06,588
Amira Hakim,
501
00:34:06,638 --> 00:34:08,598
Hussein Husseini,
502
00:34:08,638 --> 00:34:10,158
Sadia Al-Rahman,
503
00:34:10,198 --> 00:34:12,028
Mohammed Rufi,
504
00:34:12,078 --> 00:34:14,308
Qasim Al-Assam,
505
00:34:14,358 --> 00:34:16,478
Murtaza Nazah.
506
00:34:17,798 --> 00:34:22,038
How do you plead, guilty or not guilty?
507
00:34:23,878 --> 00:34:25,948
Not guilty, sir.
508
00:34:25,998 --> 00:34:28,838
Sit down, monsieur.
509
00:34:28,878 --> 00:34:30,598
Madame Mills.
510
00:34:32,518 --> 00:34:34,997
In support of Private Clark's defence,
we have sought
511
00:34:34,998 --> 00:34:37,477
hospital records from
the Iraqi authority.
512
00:34:37,478 --> 00:34:42,478
These relate to the man that Private Clark
rescued and who died in his arms.
513
00:34:42,518 --> 00:34:45,558
These records aren't forthcoming.
514
00:34:45,598 --> 00:34:47,038
You know they exist?
515
00:34:47,078 --> 00:34:49,477
We believe so, based on evidence
from the defendant.
516
00:34:49,478 --> 00:34:50,757
You did request them?
517
00:34:50,758 --> 00:34:54,468
We did. Not having them
is prejudicial to the defence.
518
00:34:54,518 --> 00:34:55,757
But you knew the trial date.
519
00:34:55,758 --> 00:35:00,148
The prosecution could use
its considerable powers under Article 54
520
00:35:00,198 --> 00:35:06,678
to investigate with the Iraq authority
just why these papers aren't forthcoming.
521
00:35:07,798 --> 00:35:09,708
The man is a fiction.
522
00:35:09,758 --> 00:35:11,718
There are no papers.
523
00:35:11,758 --> 00:35:14,117
I would like you to investigate further
and report back.
524
00:35:14,118 --> 00:35:16,318
This is a matter for the defence.
525
00:35:16,358 --> 00:35:19,797
I'm not here to scout for data
to exonerate the accused.
526
00:35:19,798 --> 00:35:23,117
Your statutory obligation
is to establish the truth.
527
00:35:23,118 --> 00:35:25,508
I want those hospital papers.
528
00:35:25,558 --> 00:35:28,677
I'm sure Mrs Mills
will provide the details for you.
529
00:35:28,678 --> 00:35:32,148
- I'm obliged, My Lord.
- Wrong form, Mrs Mills.
530
00:35:32,198 --> 00:35:33,798
Your Honour.
531
00:35:33,838 --> 00:35:35,828
Can we proceed?
532
00:35:37,118 --> 00:35:40,957
I'd first like to enquire
about the defendant's mental state.
533
00:35:40,958 --> 00:35:44,268
Er... no. The prisoner
was declared fit for trial.
534
00:35:44,318 --> 00:35:46,397
Yes, I read
the Army psychiatrists' reports.
535
00:35:46,398 --> 00:35:48,397
Are there any independent reports?
536
00:35:48,398 --> 00:35:53,465
How many psychies must a man have to see
before they can call him quite sane?
537
00:35:53,998 --> 00:35:56,438
British Army psychiatrists.
538
00:35:56,478 --> 00:35:59,812
- No less qualified.
- The prosecution has a point.
539
00:35:59,838 --> 00:36:01,077
Yes, they work for the Army.
540
00:36:01,078 --> 00:36:05,198
Work cultures affect the minds of us all,
even psychiatrists.
541
00:36:05,238 --> 00:36:07,917
The whole of the British Army is mad,
being in Iraq.
542
00:36:07,918 --> 00:36:11,557
Mrs Mills, was the defendant examined
by any other psychiatrists?
543
00:36:11,558 --> 00:36:14,277
He was independently examined four times.
544
00:36:14,278 --> 00:36:17,079
The reports are on your screens
at tab ten.
545
00:36:21,398 --> 00:36:25,597
- Will you be calling these psychiatrists?
- JO: Er... I will not.
546
00:36:25,598 --> 00:36:29,438
In which case, I'd like to examine
the Army psychiatrists.
547
00:36:29,478 --> 00:36:30,878
For what purpose?
548
00:36:30,918 --> 00:36:35,078
I want to be satisfied
as to the mental state of the defendant.
549
00:36:35,118 --> 00:36:37,348
It isn't disputed by anyone.
550
00:36:37,398 --> 00:36:41,758
I find myself agreeing
with the defence. On this point.
551
00:36:42,958 --> 00:36:44,948
(WHISPERS)
552
00:36:48,198 --> 00:36:50,837
- (WHISPERS) We have no other option.
- No, obviously.
553
00:36:50,838 --> 00:36:53,878
We will withdraw to discuss.
554
00:36:53,918 --> 00:36:56,278
COURT OFFICIAL: La cour se lève.
555
00:37:03,278 --> 00:37:06,988
(SIGHS) He's always so infuriating?
556
00:37:07,038 --> 00:37:08,948
You ain't seen nothing.
557
00:37:08,998 --> 00:37:11,468
(CHATTER OUTSIDE)
558
00:37:11,518 --> 00:37:13,508
Relax, Dave.
559
00:37:15,598 --> 00:37:18,597
- Would you wait outside?
- He's got to be guarded, miss.
560
00:37:18,598 --> 00:37:20,358
Yes. But outside.
561
00:37:20,398 --> 00:37:22,317
No, miss. He needs guarding at all times.
562
00:37:22,318 --> 00:37:24,837
Just leave. We need to speak
to Private Clark alone.
563
00:37:24,838 --> 00:37:26,277
- It's orders.
- No, get out!
564
00:37:26,278 --> 00:37:29,157
Simon, tell the judges the guards
are preventing our client
565
00:37:29,158 --> 00:37:32,092
from mounting his defence.
We can't continue.
566
00:37:34,238 --> 00:37:36,198
Fine.
567
00:37:37,238 --> 00:37:39,228
I'll tell them.
568
00:37:43,158 --> 00:37:46,838
You want to punch these guys,
they're so stupid!
569
00:37:46,878 --> 00:37:48,948
They're quite friendly, really.
570
00:37:48,998 --> 00:37:53,198
Regardless, your defence is yours
until it's given in court.
571
00:37:53,238 --> 00:37:56,038
I'm not mad, Mrs Mills.
572
00:37:56,078 --> 00:37:59,077
Dave, this is a ploy
to stop us going to trial.
573
00:37:59,078 --> 00:38:01,957
- I don't think John...
- He is a British judge, Jo,
574
00:38:01,958 --> 00:38:03,597
working for the Government.
575
00:38:03,598 --> 00:38:07,357
- Why is he asking if I'm mad?
- To try to stop the trial.
576
00:38:07,358 --> 00:38:09,237
He's trying to be fair to you.
577
00:38:09,238 --> 00:38:11,517
They were terrorists I shot.
I know they were.
578
00:38:11,518 --> 00:38:15,197
But unfortunately, Dave,
your only witness died in your arms.
579
00:38:15,198 --> 00:38:16,677
No-one believes he existed.
580
00:38:16,678 --> 00:38:19,148
- He was never found.
- He was there.
581
00:38:19,198 --> 00:38:21,397
Someone's hiding those hospital records.
582
00:38:21,398 --> 00:38:23,597
Can you stop the psychiatrists
saying I'm mad?
583
00:38:23,598 --> 00:38:27,437
- Is that what they're going to say?
- I'm not mad, Mrs Mills.
584
00:38:27,438 --> 00:38:29,038
I'm not.
585
00:38:29,078 --> 00:38:32,197
Does psychiatry not obscure
the waters of criminal trials?
586
00:38:32,198 --> 00:38:36,038
- Is this what you wish, monsieur?
- You know differently.
587
00:38:36,078 --> 00:38:38,718
I can order this not to happen.
588
00:38:41,798 --> 00:38:44,558
Then we'll fall out publicly.
589
00:38:44,598 --> 00:38:48,438
Your government
is in a most unhappy place.
590
00:38:48,478 --> 00:38:52,597
The Iraqis want this atrocity condemned,
and your army is in need of protection.
591
00:38:52,598 --> 00:38:55,438
Madness is a convenient escape.
592
00:38:55,478 --> 00:38:58,678
The psychiatrists may confirm
he's not mad.
593
00:38:58,718 --> 00:39:00,477
My concern is to be convinced
594
00:39:00,478 --> 00:39:04,077
that Clark was in control of his mind
when he shot those people.
595
00:39:04,078 --> 00:39:06,518
Otherwise, the trial cannot proceed.
596
00:39:12,118 --> 00:39:15,757
This could mean the British Army
escaping without punishment.
597
00:39:15,758 --> 00:39:17,825
Is this Judge Deed's intention?
598
00:39:17,838 --> 00:39:21,077
I can think of no other reason
to examine the psychiatrists.
599
00:39:21,078 --> 00:39:25,078
Deed wanted to shorten
the trial time, not extend it.
600
00:39:25,118 --> 00:39:28,478
Then I will ask our Foreign Minister
601
00:39:28,518 --> 00:39:31,277
to complain to the United Nations
about Judge Deed.
602
00:39:31,278 --> 00:39:34,038
Perhaps we can remove him.
603
00:39:34,078 --> 00:39:36,228
MARIE: We can hope.
604
00:39:46,678 --> 00:39:50,598
- Is Deed helping us, Alan?
- For once, he appears to be.
605
00:39:50,638 --> 00:39:56,037
He would help us by denying Mrs Mills and
her cronies their international platform.
606
00:39:56,038 --> 00:40:00,158
We plan to separate Mrs Mills
from her loony friends...
607
00:40:01,158 --> 00:40:03,468
...and undermine their case.
608
00:40:03,518 --> 00:40:05,078
That'll delay things.
609
00:40:05,118 --> 00:40:07,957
I had no idea
he'd try to shorten the trial time.
610
00:40:07,958 --> 00:40:10,188
Your medics could help,
611
00:40:10,238 --> 00:40:14,117
if the Army were to reconsider its
position on Private Clark's mental state.
612
00:40:14,118 --> 00:40:16,797
And how would that help
the situation in Basra?
613
00:40:16,798 --> 00:40:19,477
A speedy resolution
will benefit everyone.
614
00:40:19,478 --> 00:40:21,838
Yes, I suppose.
615
00:40:21,878 --> 00:40:26,238
(SIGHS) Our boys
are having a difficult time.
616
00:40:30,438 --> 00:40:34,038
But your way
so frequently prevails, Marie.
617
00:40:34,078 --> 00:40:37,918
This is such an important trial
for you, Claude.
618
00:40:37,958 --> 00:40:41,478
We must not allow ourselves
to be embarrassed.
619
00:40:41,518 --> 00:40:43,677
Monsieur Deed is right to seek records
620
00:40:43,678 --> 00:40:46,397
that may have come detached
from that dead witness.
621
00:40:46,398 --> 00:40:50,398
How? Iraq is in chaos, Claude,
the result of invading forces.
622
00:40:50,438 --> 00:40:53,398
Then he will insist on the psychiatrists.
623
00:40:57,038 --> 00:40:58,758
Claude.
624
00:40:59,758 --> 00:41:02,398
There is, um...
625
00:41:02,438 --> 00:41:05,588
something I must tell you about Deed.
626
00:41:05,638 --> 00:41:07,038
It's messy.
627
00:41:07,078 --> 00:41:09,918
Then you'd better come to my chambers.
628
00:41:14,598 --> 00:41:16,237
Your taxi is waiting, Doctor.
629
00:41:16,238 --> 00:41:19,077
Can you give this
to Sir John Deed for me, please?
630
00:41:19,078 --> 00:41:21,118
- Thank you.
- Thank you.
631
00:41:25,918 --> 00:41:27,988
(CHATTER)
632
00:41:29,038 --> 00:41:32,957
Answer me, monsieur. Are you still
sexually pressuring Marie Madsen?
633
00:41:32,958 --> 00:41:35,518
Oh, please!
634
00:41:35,558 --> 00:41:38,478
- Monsieur?
- This is all nonsense.
635
00:41:38,518 --> 00:41:40,908
You find women troublesome, no?
636
00:41:40,958 --> 00:41:42,948
But I love them!
637
00:41:45,518 --> 00:41:48,157
- You have such a reputation.
- Evidence, Claude.
638
00:41:48,158 --> 00:41:50,118
Marie is very beautiful, no?
639
00:41:50,158 --> 00:41:53,757
She should try using a little less sex
and a little more law.
640
00:41:53,758 --> 00:41:57,038
I will examine those psychiatrists.
641
00:41:58,198 --> 00:42:02,517
In any dangerous situation,
the normal response is fight or flight.
642
00:42:02,518 --> 00:42:05,078
This is what adrenaline does for us.
643
00:42:05,118 --> 00:42:08,158
In soldiers,
the urge to flee is suppressed,
644
00:42:08,198 --> 00:42:11,278
both by training
and by peer-group pressure.
645
00:42:11,318 --> 00:42:12,918
Soldiers are not normal?
646
00:42:12,958 --> 00:42:16,517
If you accept the norm as not
unquestioningly submitting to discipline,
647
00:42:16,518 --> 00:42:19,078
or subjecting oneself to danger.
648
00:42:19,118 --> 00:42:22,237
Does Private Clark
need to subject himself to danger?
649
00:42:22,238 --> 00:42:24,397
That tendency exists in most soldiers.
650
00:42:24,398 --> 00:42:28,948
Private Clark comes from
a very protected background.
651
00:42:28,998 --> 00:42:33,717
His mother is an invalid and was confined
to a wheelchair soon after his birth.
652
00:42:33,718 --> 00:42:35,797
His older sisters are her carers
653
00:42:35,798 --> 00:42:39,997
and brought up Private Clark
after his father deserted the family.
654
00:42:39,998 --> 00:42:43,878
He has a greater need for danger
than most.
655
00:42:43,918 --> 00:42:47,477
Does that predispose him
to a low threshold of self-control?
656
00:42:47,478 --> 00:42:49,518
In my opinion, yes.
657
00:42:49,558 --> 00:42:55,025
In your opinion, was he beyond reasonable
self-control at the time of the shooting?
658
00:42:58,598 --> 00:43:03,148
On re-examining the hours
of interviews, I'd say he was.
659
00:43:07,318 --> 00:43:08,638
Thank you.
660
00:43:08,958 --> 00:43:11,838
- (LOW CHATTER)
- (LIFT BELL RINGS)
661
00:43:11,878 --> 00:43:14,348
Hi. 312, please.
662
00:43:14,398 --> 00:43:17,518
- (LIFT BELL RINGS)
- Thank you.
663
00:43:17,558 --> 00:43:21,268
- Dr Pavely left this for you, sir.
- Thanks.
664
00:43:25,478 --> 00:43:27,997
- Is she coming back?
- She's kept her room on.
665
00:43:27,998 --> 00:43:30,838
(LAUGHTER)
666
00:43:31,958 --> 00:43:34,717
See if you can get Dr Pavely's number,
will you?
667
00:43:34,718 --> 00:43:37,918
(LAUGHTER AND CHATTER)
668
00:43:37,958 --> 00:43:40,428
COURT OFFICIAL: La cour se lève.
669
00:43:46,518 --> 00:43:48,668
Madame Mills.
670
00:43:49,998 --> 00:43:53,957
In your original opinion, along
with that of Doctors Denman and Smith,
671
00:43:53,958 --> 00:43:58,398
you thought he was "reasoning
and therefore responsible".
672
00:43:58,438 --> 00:44:00,877
Madame, you appear to be working
against your client.
673
00:44:00,878 --> 00:44:03,438
No, these are his instructions.
674
00:44:03,478 --> 00:44:07,838
He won't accept he was in shock
and therefore not responsible.
675
00:44:08,918 --> 00:44:11,997
When the Government
puts a young soldier in the position
676
00:44:11,998 --> 00:44:14,678
that Private Clark was put in,
677
00:44:14,718 --> 00:44:19,958
even with all his training, he is still
subject to human error in extremis.
678
00:44:19,998 --> 00:44:22,677
He found himself in the most
desperate, terrifying situation,
679
00:44:22,678 --> 00:44:26,518
with only a fraction of a second
to respond.
680
00:44:26,558 --> 00:44:32,348
He believes that in killing terrorists
as he did, he exercised properjudgment.
681
00:44:32,398 --> 00:44:34,877
His colonel agreed with that, initially.
682
00:44:34,878 --> 00:44:37,478
I have a copy of Colonel Roth's report.
683
00:44:41,318 --> 00:44:42,918
(WHISPERING)
684
00:44:46,598 --> 00:44:48,797
How was this obtained, Mrs Mills?
685
00:44:48,798 --> 00:44:51,477
It was sent to me anonymously
from Brigade Headquarters.
686
00:44:51,478 --> 00:44:53,717
- The sender is unknown?
- Regrettably.
687
00:44:53,718 --> 00:44:57,797
Perhaps the prosecution can use
its considerable investigatory powers
688
00:44:57,798 --> 00:44:59,678
to identify the sender.
689
00:44:59,718 --> 00:45:01,708
Resume, Madame Mills.
690
00:45:01,758 --> 00:45:05,957
Dr Froad, are psychiatric disorders
prevalent in the soldiers serving in Iraq?
691
00:45:05,958 --> 00:45:08,357
They appear wherever soldiers wage war.
692
00:45:08,358 --> 00:45:13,518
- Particularly so in Iraq?
- There are stress problems.
693
00:45:13,558 --> 00:45:17,478
Isn't it true that out of a force
of approximately 8,000,
694
00:45:17,518 --> 00:45:22,518
over 1,500 have been sent home
suffering psychiatric disorders?
695
00:45:24,078 --> 00:45:26,278
There is a lot of stress.
696
00:45:26,318 --> 00:45:29,358
Is that a yes or a no, Doctor?
697
00:45:29,398 --> 00:45:31,228
Yes.
698
00:45:31,278 --> 00:45:34,957
Was Private Clark sent home
suffering with a psychiatric condition
699
00:45:34,958 --> 00:45:37,318
two months before the shootings,
700
00:45:37,358 --> 00:45:40,425
but then declared fit
for active service again?
701
00:45:43,758 --> 00:45:45,748
Mistakenly, in my opinion.
702
00:45:46,798 --> 00:45:50,197
But your original opinion
when you saw him back in Iraq
703
00:45:50,198 --> 00:45:53,065
had been that he was fit
for active service.
704
00:45:54,478 --> 00:45:58,478
It was, but on reflection,
I was wrong in that.
705
00:45:59,478 --> 00:46:03,028
Has pressure been put on you
to change that opinion?
706
00:46:04,078 --> 00:46:06,612
- We did a longer examination.
- I see.
707
00:46:07,758 --> 00:46:09,158
Doctor.
708
00:46:09,198 --> 00:46:12,908
Are you now saying
that Private Clark was so stressed
709
00:46:12,958 --> 00:46:15,917
that he wasn't responsible
for these killings?
710
00:46:15,918 --> 00:46:21,708
I am saying his actions were simply
a reflex. We say he was "automated".
711
00:46:21,758 --> 00:46:23,718
- No controlling mind.
- No!
712
00:46:23,758 --> 00:46:25,828
No, that's not right.
713
00:46:28,638 --> 00:46:31,117
Sir Joseph Channing's clerk rang, Judge.
714
00:46:31,118 --> 00:46:34,237
She's looking for a date to review
the Shelby Brookes appeal.
715
00:46:34,238 --> 00:46:35,917
What's our timetable here?
716
00:46:35,918 --> 00:46:39,317
Well, Judge Previn has to go to Paris
tomorrow, so tomorrow's possible.
717
00:46:39,318 --> 00:46:40,718
OK, fine.
718
00:46:49,358 --> 00:46:53,238
I somehow feel we're letting
Private Clark down, badly.
719
00:46:56,198 --> 00:46:59,478
He's very unhappy
about those psychiatrists.
720
00:47:01,558 --> 00:47:04,788
A guilty plea would be
more honourable, sir.
721
00:47:06,878 --> 00:47:08,868
Yeah.
722
00:47:23,838 --> 00:47:25,917
I can't go along
with quashing this conviction.
723
00:47:25,918 --> 00:47:29,997
The man was at a political rally
being deliberately provocative.
724
00:47:29,998 --> 00:47:32,717
Urging people to "take action
like proper citizens"?!
725
00:47:32,718 --> 00:47:35,318
It was rather vague.
726
00:47:35,358 --> 00:47:38,197
Brookes was careful to avoid
concrete threats,
727
00:47:38,198 --> 00:47:41,718
while exercising
his democratic right to argue
728
00:47:41,758 --> 00:47:44,277
that Mohammed was backward and primitive.
729
00:47:44,278 --> 00:47:45,717
Who's to say he's not right,
730
00:47:45,718 --> 00:47:49,998
when one considers how Islam
treats women and homosexuals?
731
00:47:50,038 --> 00:47:51,557
That's hardly relevant, anyway,
732
00:47:51,558 --> 00:47:54,597
as much the same could be said
of Roman Catholicism or Judaism.
733
00:47:54,598 --> 00:47:57,878
The mens rea in this
offence is intention.
734
00:47:57,918 --> 00:48:00,718
A conviction must be based on proof
735
00:48:00,758 --> 00:48:05,678
that Brookes deliberately intended
to incite hatred against religion.
736
00:48:05,718 --> 00:48:08,477
Yes, intention is very difficult
to define in law,
737
00:48:08,478 --> 00:48:10,517
but I'm of the view
that that was his intention.
738
00:48:10,518 --> 00:48:13,557
No. That's where
the original trial judge went wrong.
739
00:48:13,558 --> 00:48:17,158
He failed to allow the jury
to consider this
740
00:48:17,198 --> 00:48:20,637
as something primarily subjective,
as the law requires.
741
00:48:20,638 --> 00:48:22,468
Not that I blame him.
742
00:48:22,518 --> 00:48:25,277
I mean, the legislation is
the usual bugger's muddle nowadays.
743
00:48:25,278 --> 00:48:27,677
- (CLOCK CHIMES)
- I'm with Monty on this.
744
00:48:27,678 --> 00:48:29,317
No-one was being attacked in the speech
745
00:48:29,318 --> 00:48:33,478
or reviled for being something
he cannot change, like his race.
746
00:48:33,518 --> 00:48:37,678
But criticism of his ideas
and religion must be allowed,
747
00:48:37,718 --> 00:48:40,757
even if those criticisms
are harsh and aggressive.
748
00:48:40,758 --> 00:48:46,198
I mean, we can lampoon Roman Catholicism
without fear of death threats.
749
00:48:46,238 --> 00:48:51,918
No, Section 29 (j)
of the Public Order Act makes clear
750
00:48:51,958 --> 00:48:56,078
that it was not intended
to prohibit religious criticism,
751
00:48:56,118 --> 00:49:00,318
or even the expression
of abuse or insults.
752
00:49:00,358 --> 00:49:02,037
The conclusion's the same, Joe.
753
00:49:02,038 --> 00:49:04,188
Think about it, John.
754
00:49:05,238 --> 00:49:07,358
(GAVEL BANGING)
755
00:49:07,398 --> 00:49:09,788
All rise.
756
00:49:25,078 --> 00:49:28,038
It is the view of this court
757
00:49:28,078 --> 00:49:34,108
that the judge at Mr Brookes's
original trial failed to direct the jury
758
00:49:34,158 --> 00:49:38,677
to the protections provided in
Section 29 (j) of the Public Order Act.
759
00:49:38,678 --> 00:49:41,958
The wording is very clear.
760
00:49:41,998 --> 00:49:48,398
It specifically allows the expression of,
and let me quote ipsissima verba,
761
00:49:48,438 --> 00:49:54,518
"dislike, ridicule, insult
or abuse of particular religions,
762
00:49:54,558 --> 00:49:59,028
"or the beliefs or practices
of the adherents."
763
00:49:59,078 --> 00:50:03,838
Now, there is, in a free society,
an important difference between that
764
00:50:03,878 --> 00:50:10,678
and the intentional stirring-up of hatred
against people on religious grounds.
765
00:50:10,718 --> 00:50:16,958
That difference was not made clear
adequately to the jury.
766
00:50:16,998 --> 00:50:20,148
Therefore, we quash the conviction.
767
00:50:20,198 --> 00:50:24,828
- (LOUD DISSENT FROM GALLERY)
- The appellant may be released.
768
00:50:24,878 --> 00:50:28,878
We shall rise
whilst the public gallery is cleared.
769
00:50:38,438 --> 00:50:40,717
Isn't there a London contact
for Dr Pavely?
770
00:50:40,718 --> 00:50:43,237
- Only the number the hotel has.
- It's never switched on.
771
00:50:43,238 --> 00:50:45,957
I could check some other sources,
Sir John.
772
00:50:45,958 --> 00:50:48,798
(MAN TALKING ON RADIO)
773
00:50:57,238 --> 00:50:59,878
- (BIRDSONG)
- (DOG BARKS)
774
00:51:07,678 --> 00:51:11,718
- What happened yesterday?
- Last-minute changes.
775
00:51:11,758 --> 00:51:14,148
- I had no contact.
- No.
776
00:51:14,198 --> 00:51:16,758
- Do you have them?
- Of course.
777
00:51:16,798 --> 00:51:19,158
So small, it only kills the target.
778
00:51:19,198 --> 00:51:22,348
They'll trip as soon
as the box is opened.
779
00:51:22,398 --> 00:51:25,118
Fat old men love chocolate.
780
00:51:31,478 --> 00:51:33,997
You've made excellent contact
with our enemy.
781
00:51:33,998 --> 00:51:36,358
I was happy to do this for you.
782
00:51:36,398 --> 00:51:39,708
Your impeccable credentials
weren't questioned.
783
00:51:39,758 --> 00:51:42,558
He seems such a reasonable man.
784
00:51:42,598 --> 00:51:45,397
That's how treacherously deceptive
Western justice is.
785
00:51:45,398 --> 00:51:46,798
Hm.
786
00:51:46,838 --> 00:51:49,918
They smile while they kill your brothers.
787
00:51:49,958 --> 00:51:53,108
- Has something happened to my brothers?
- No.
788
00:51:53,158 --> 00:51:54,988
Contact has been made.
789
00:51:55,038 --> 00:51:58,718
They are training in Afghanistan
with the mujaheddin.
790
00:52:01,198 --> 00:52:05,518
Their cause is just, sister.
But we can bring them back for you.
791
00:52:05,558 --> 00:52:08,692
First, there's something else
we require of you.
792
00:52:30,358 --> 00:52:32,558
Hello, Dave.
793
00:52:36,118 --> 00:52:37,518
How are you?
794
00:52:37,558 --> 00:52:40,837
- Margaret, how did you get...?
- As part of your defence team.
795
00:52:40,838 --> 00:52:43,838
Mark wanted to have a word.
796
00:52:45,078 --> 00:52:48,158
- They treating you right?
- Can't complain.
797
00:52:50,438 --> 00:52:53,318
No, you were never a complainer.
798
00:52:54,598 --> 00:52:57,068
We all admired you for that.
799
00:52:59,398 --> 00:53:01,628
How's things with the rags?
800
00:53:01,678 --> 00:53:04,198
(SIGHS) Bad and getting worse.
801
00:53:05,198 --> 00:53:08,908
The plan by the British Army
and the British Government
802
00:53:08,958 --> 00:53:15,438
is to undermine Private Clark's defence
and so deny him his day in court.
803
00:53:15,478 --> 00:53:22,118
They are trying to recategorise Private
Clark as mad so he can't stand trial.
804
00:53:22,158 --> 00:53:25,997
It is members of the British Government
who should be tried as war criminals,
805
00:53:25,998 --> 00:53:28,308
not Private Clark.
806
00:53:28,358 --> 00:53:35,038
Our Government should be on trial
for persisting in this illegal war.
807
00:53:35,078 --> 00:53:38,758
- A war which, I might add...
- What is going on?
808
00:53:38,798 --> 00:53:41,357
How will this help our client?
We'll be reported to the Bar Council.
809
00:53:41,358 --> 00:53:43,357
It cuts the ground from under them, Jo.
810
00:53:43,358 --> 00:53:46,908
SIMON: ...nor the international community
as a whole.
811
00:53:46,958 --> 00:53:49,717
Do you realise
what your cronies have done?
812
00:53:49,718 --> 00:53:52,028
I think it was justified.
813
00:53:52,078 --> 00:53:54,077
Are you as warped as they are?
814
00:53:54,078 --> 00:53:56,717
You're the leader,
you're going to have to take the rap.
815
00:53:56,718 --> 00:53:58,797
You will get reported to the Bar Council.
816
00:53:58,798 --> 00:54:01,077
It's just another way for the
Government to put pressure on us.
817
00:54:01,078 --> 00:54:03,837
Listen to you!
You're even beginning to sound like them.
818
00:54:03,838 --> 00:54:06,798
- You're out to stop this trial.
- No.
819
00:54:06,838 --> 00:54:08,958
Defect of mind.
820
00:54:08,998 --> 00:54:12,517
If he went not guilty on failure
to appreciate unlawfulness,
821
00:54:12,518 --> 00:54:13,919
he might have walked.
822
00:54:13,958 --> 00:54:17,508
He was sound
when he was sent back to Iraq.
823
00:54:18,558 --> 00:54:22,077
- I was just trying to help you.
- We want our day in court.
824
00:54:22,078 --> 00:54:25,197
Are you out to score political points
or help your client?
825
00:54:25,198 --> 00:54:27,588
- That is pretty cheap.
- (CHUCKLES)
826
00:54:27,638 --> 00:54:32,838
You may not like me joining this set,
but we never compromise our clients.
827
00:54:32,878 --> 00:54:36,798
Their interests and your client's
don't coincide.
828
00:54:36,838 --> 00:54:39,228
They coincide exactly.
829
00:54:39,278 --> 00:54:42,037
Private Clark was sent to do
a job he was trained for.
830
00:54:42,038 --> 00:54:43,477
He made a judgment call
831
00:54:43,478 --> 00:54:46,917
that doesn't accord with the shifting
sands of the Government's war policy.
832
00:54:46,918 --> 00:54:48,517
That does not make him guilty.
833
00:54:48,518 --> 00:54:53,388
He emptied a whole magazine into a
group of civilians, including children.
834
00:54:53,438 --> 00:54:55,917
- 30 bullets.
- Mm-hm. In four seconds.
835
00:54:55,918 --> 00:54:57,877
Well, that's hardly
a split-second decision.
836
00:54:57,878 --> 00:55:01,597
But children made objects of war
can kill as easily as their parents can.
837
00:55:01,598 --> 00:55:03,828
No, that argument's unwinnable.
838
00:55:03,878 --> 00:55:06,478
Well, it would be before a jury.
839
00:55:07,798 --> 00:55:09,838
Defect of mind.
840
00:55:09,878 --> 00:55:13,318
The court could request you
to enter that plea.
841
00:55:13,358 --> 00:55:17,477
That would make my client a scapegoat
and get your employers off the hook.
842
00:55:17,478 --> 00:55:22,998
The Government does not employ me.
Why would I support such a position?
843
00:55:23,038 --> 00:55:25,478
Yes, John...
844
00:55:25,518 --> 00:55:27,508
why would you?
845
00:55:36,318 --> 00:55:38,317
- That seemed rather tense...
- Sorry.
846
00:55:38,318 --> 00:55:42,919
No, it's all right, it's all right,
she's here now. Well, you're back.
847
00:55:42,958 --> 00:55:44,158
Uh-huh.
848
00:55:44,198 --> 00:55:46,197
I tried calling you.
How long are you back for?
849
00:55:46,198 --> 00:55:48,999
Until I get the AIDS
conference organised.
850
00:55:49,038 --> 00:55:53,397
We need the pharmaceutical companies
to donate more drugs. Urgently, you know?
851
00:55:53,398 --> 00:55:56,838
Yep. You better try blackmail.
852
00:55:56,878 --> 00:55:59,477
Remembering to stay
just the side of what's legal.
853
00:55:59,478 --> 00:56:02,558
Oh, yes, where is that? Huh?
854
00:56:02,598 --> 00:56:06,265
Well, we could have dinner
and work out precisely where.
855
00:56:06,878 --> 00:56:09,188
Is that work...
856
00:56:09,238 --> 00:56:11,468
or social?
857
00:56:11,518 --> 00:56:13,798
It's whatever we decide it is.
858
00:56:21,478 --> 00:56:23,468
(BIRDSONG)
859
00:56:31,918 --> 00:56:33,908
(LIFT BELL RINGS)
860
00:56:48,478 --> 00:56:50,518
(BIRDSONG OUTSIDE)
861
00:57:01,238 --> 00:57:03,228
(BEEPING)
862
00:57:13,038 --> 00:57:15,428
(SNIFFS)
863
00:57:15,478 --> 00:57:17,758
Aah!
864
00:57:19,198 --> 00:57:22,278
(GRUNTS AND SOBS)
865
00:57:29,518 --> 00:57:31,508
(SOBBING)
866
00:57:46,398 --> 00:57:48,438
(SOBBING)
71813
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