Original subtitles

>> I don't like people

very much.

I'm just not a very nice person.

>> The world is broken.

>> You shouldn't watch scary

movies so close to bedtime.

>> We may dislike Mr. Foyle.

But we do not have to like him

to defend him.

I don't do things

for exposure, Maggie.

>> Why do you do it?

>> Because everyone deserves

a defense.

Given the press this case has

already generated, Mr. Foyle

cannot be given a fair trial.

>> I have no alternative

but to discharge the jury

and release the defendant.

>> Will, good man.

Thank you, my friend.

Thank you, my friend. >> A pleasure. Take care.

>> A pleasure. Take care.

>> Why don't we just see you

up there?

But hurry up.

I want to show you something.

>> Kate? Kate!

>> Dad!

>> Jamie!

You're defending him.

>> Everyone deserves a defense.

>> That's right, Maggie.

>> That's right, Maggie. That's right.

That's right.

>> No. Mum! No, Mum!

Dad! Help! Dad!

>> All right, all right.

All right, all right.

It's okay. It's okay.

It's okay. It's okay. It's all right. Shh. Shh. Shh.

It's all right. Shh. Shh. Shh.

It's all right. Shh. Shh. Shh. Shh.

Shh.

>> Harris!

>> Harris! Trevor Harris, anyone?

Trevor Harris, anyone?

Plea and case management

on Will's case.

Whole thing just got moved up.

We'll have to change the date.

>> Good.

>> No, not good at all.

We need all the bloody time

We need all the bloody time we can get.

we can get.

>> We're absolutely sure

Will's son didn't see anything.

It's just that if we have two

witnesses statements, I mean,

it would take the weight off

the DNA if it comes in.

>> This is where we are.

This is what we have

to work with.

Blood, ID, alibi.

And God help us,

a following wind.

>> No, no, no. That's not what

I'm trying to explain to you.

Look, my wife does not wear

aftershave and I am not

the least bit interested in

Peter Rabbit collectibles.

So if you want me to join

the dots for you, someone

has stolen my wife's identity.

Yeah, well, that's not going

to happen, is it?

Well, you can't talk to her.

Yeah, I already identified her.

I walked into the mortuary

and kissed her face.

and kissed her face. Aah!

Aah!

Did I scare you?

Did I scare you? Sorry.

Sorry.

I wish things could be

I wish things could be different, but they're not.

different, but they're not.

But if you ever want to tell me

something, anything about what

happened, I'll be here, okay?

Just come right out and say it.

Just come right out and say it. I'll be listening. Yeah?

I'll be listening. Yeah?

>> When it rains, what happens

to all the little animals?

Do they drown, do you think?

>> Mr. Foyle--

>> I used to love it when it

rained, but now I get so sad

when it's wet out because all

I can think about is all those

little bodies crawling

and squeaking at the earth

and the mud and the water

and drowning in the dark.

It's a shame the plants

have to drink.

I know they do,

but it's a shame.

I get so sad when it's wet,

especially after the summer

we had.

>> Mr. Foyle, we need to be

sure that you understand

your plea.

>> Is there any evidence

that puts me at the cottage?

>> You are charged on the basis

of one eyewitness

identification.

>> One?

>> Yes, one.

The son hasn't made a statement.

>> Not yet.

>> Yet. You think he saw

something.

>> There's only one witness.

That's what we're dealing with.

>> What's that?

>> Tea.

>>

What kind of tea?

>> My tea.

>> We also need to talk about

your alibi, Ms. Morris.

>> We go into considerable

detail on our defense statement

about our whereabouts that

evening and we are confident

Ms. Morris will support this.

>> Then why do we need to

discuss this?

>> Because we need to discuss

this.

>> Mr. Burton is the only

witness in this whole case,

so he can't act for himself.

>> You're well-versed

in criminal procedure?

>> I did a law course.

>> Oh, really? Where was that?

>> Cambridge.

Anglia Polytechnic University.

We probably cycled past

We probably cycled past one another on Silver Street.

one another on Silver Street.

>> It's a small world.

>> Indeed.

>> Yes, you're right.

Mr. Burton will not be in court.

As he's a witness, he cannot

act for the Crown in any way.

>> It's just that he kept

beating you, is all.

beating you, is all. >> He's not allowed to be there.

>> He's not allowed to be there.

>> So he just has to watch?

>> I suppose so.

>> I suppose so. >> Besides, it was very dark.

>> Besides, it was very dark.

>> Besides, it was very dark. >> Indeed.

>> Indeed.

>> A shame about all those

>> A shame about all those animals, isn't it?

animals, isn't it?

>> You have qualms.

>> Beg your pardon?

>> This your first big defense.

You're working late.

You have qualms.

>> He lost his wife.

>> But if the tables were

turned, he would not hesitate.

This is how it works.

>> You said that if I was Will--

>> Ah, but you're not him,

are you?

are you? Not yet, anyway.

Not yet, anyway.

>> All right.

I've probably only got about

five minutes.

It's been a crazy morning.

>> How's it looking?

>> Every time I pass the

conference room, there's a huge

queue of people knocking

on the door.

Everyone wants to help, mate.

>> Who's leader?

>> Mr. Mayfield.

Mr. Harris is his junior.

Everyone else was busy.

>> Any idea what they're

running with?

You don't have to say anything

if you don't want to.

>> Forensics found a size 12

boot print in the garden,

but all Foyle's footwear

is a size 9.

No match on the tread,

so as far as I can tell,

they're all waiting for the

forensics report, the crime

scene blood, plus your ID

of him.

>> And?

>> I think that's it.

>> What about his alibi?

>> One of his neighbors said

she had dinner with him.

They're looking into possible

angles.

>> What's this woman's name?

>> Eileen Morris.

>> Say that again.

>> Eileen Morris, right?

Did a little rooting around

in the old case file.

This is all

I could come up with.

He's a bird fancier,

if you remember.

See who is presenting him

with that trophy?

>> Parish Council Event

Committee Co-chair

Eileen Morris.

>> That's all I've got for you,

I'm afraid.

>> There's something else

I'm sure I've seen on him

somewhere else.

Thanks, Bob.

Thanks, Bob. >> You're welcome.

>> You're welcome.

>> Foyle's alibi might not be

as solid as they're making out.

as solid as they're making out. >> How do you know that?

>> How do you know that?

It doesn't seem fair.

Biggest legal brain in the

building can't even talk to

them about your own bloody case.

>> No, I can't, not directly.

It's not like I'm defending him

anymore, is it?

Do you have any idea where the

Sandra Mullins case files are?

>> I think so, yeah. Big box.

I stubbed my toe on it

last week.

>> Do you think it might be

near my office?

near my office? >> I think it could be.

>> I think it could be.

>> Mr. Harris.

Did you see

the Collingswood arson brief?

The private one?

>> Yes. I caught sight of it

as it flew passed me

at high velocity

on its way to one of the silks.

>> Why don't you take a page

out of Tara's book?

>> My nose is brown enough

already, thank you.

>> She does what she has to.

Why don't you do that

now and then?

>> 'Cause then I'd be like

Tara, wouldn't I?

>> You heading over?

>> Foyle's making his plea.

>> Well, that's a start,

isn't it?

How's it looking, do you think?

>> No sign of DNA at the scene,

single eyewitness, recognition

under duress, not a lot of

wiggle room.

I mean, Will's boy was there,

but if he had seen something,

well, he would have said

something, wouldn't he?

>> Mr. Harris...

>> Don't.

>> No, I been thinking.

>> No, I been thinking. >> Well, stop. I mean it.

>> Well, stop. I mean it.

>> Well, stop. I mean it. >> Time to go.

>> Time to go.

>> Hi, Jamie. Welcome back.

>> Okay?

>> See you.

>> See you. >> You all right?

>> You all right?

>> Liam Michael Foyle, you are

charged on this indictment

with one count of murder.

How do you plead?

>> Not guilty.

>> My Lord, given the lack of

evidence at this time, we are

serving a bail application

notice.

>> First I've heard of it,

my Lord.

>> It was served in good time.

>> I thought I gave it to you.

>> Well, I read it.

Bail granted subject to

conditions as per application.

>> Thank you, my Lord.

And also, I have spoken to the

list officer this morning who's

informed me there is a slot

available for a weeklong case

on the 31st.

>> Very well then.

>> Wait a minute. That's only

a few weeks away.

It hardly gives us any time

to prepare the evidence.

>> What evidence?

>> Mr. Foyle, you may leave

the dock.

the dock. >> All rise.

>> All rise.

>> Never said thank you.

>> Never said thank you. >> Oh, you're welcome.

>> Oh, you're welcome.

>> See you soon.

>> See you soon. >> Yes.

>> Yes.

>> You're in a lot of trouble.

>> I made you some crumble.

>> I must have left my cage

open because a little birdie

just bailed me out.

You shouldn't have done that,

Eileen, really.

>> It takes half an hour.

>> That's not what I'm talking

about.

>> Oh, please. I was happy

to pay.

to pay. Welcome home.

Welcome home.

>> Apple or plum?

>> Oh, rhubarb.

It's in the fridge at Parish

Council waiting for you.

>> It won't be there too long,

I promise.

Lots to be getting on with.

>> Sure. I fed them every day

just like you asked.

just like you asked. >> Good.

>> Good.

>> Good.

Everybody's hungry.

Everybody's hungry.

>> All right, let's run it

again, shall we?

>> Postmortem indicates Kate

was strangled before he cut

into her.

The knife entered her--

>> Any update on the footprints?

>> Locus is littered with them,

all the wrong size.

>> After that, the blade passed

through the trachea.

>> No, you don't pass through

the trachea.

It's a sawing motion, the core

strength of a fast bowler.

Get one hell of a blood spatter.

Get one hell of a blood spatter. >> Will's here.

>> Will's here.

>> How in the hell did this

happen?

>> The usual way.

He walked in through

the front door.

>> Well, go and close

the bloody folder, will you?

There's pictures of his wife.

You need to call ahead

if you're gonna just turn up.

>> I work here, too.

>> Everyone's behind you

on this.

You get caught trying to

influence the case, you're

jeopardizing the entire

enterprise.

You're the only witness,

so hands off.

Protocol doesn't just need to be

followed, it needs to be seen.

>> I know. I actually studied

law at university.

>> To be quite frank, we'd

prefer it if you didn't even

come to chambers.

>> No, if I have to stay home

one more day, I swear I'm gonna

kill somebody.

kill somebody. I need to work, please.

I need to work, please.

It was today, wasn't it,

the plea?

>> They didn't call you?

They should have called you.

>> Talk to me.

>> Not guilty.

>> Remanded where? Scrubs?

>> Actually, he got bail.

Already in custody,

no risk of absconding.

It's conditional, of course.

>> When? When was this?

>> This morning.

You should really be doing this

through the proper channels.

through the proper channels.

>> Hi. It's Will Burton,

Jamie's dad.

Will you tell him I'll be there

to pick him up?

>> He left with Alfie.

They said they were getting

the bus together.

the bus together. >> All right, thanks.

>> All right, thanks.

>> Colin, have you seen Jamie?

>> No, no, I haven't.

>> No, no, I haven't. >> Okay.

>> Okay.

Huh? Anything?

Is he here?

>> They said he's already left.

>> They said he's already left. >> Why didn't you call me?

>> Why didn't you call me?

Hi, Pat. Is Jamie there?

I was wondering if he came home

with Alfie.

with Alfie. >> Have you tried the library?

>> Have you tried the library?

>> Oh, that's my stop.

>> Oh, that's my stop. See you at school.

See you at school.

>> Did he get off

at Alfie's stop?

Okay, all right.

No, no, don't worry.

Don't worry. Don't worry.

Thanks. Well, that's that.

I'm calling the police.

Jamie?

Where the hell have you been?

>> We went to the shop.

>> Did you talk to anyone?

>> No.

>> Look, I want you to promise

me you will not talk to anyone

you don't know, all right?

Not on the street, not on the

playground, not anywhere.

I'm picking you up from school

from now on, okay?

Every single day, okay?

>> Dad!

>> Dad! >> Just give me a minute.

>> Just give me a minute.

>> The sea lions of Moscow

are horny this time of the year.

>> Up yours.

>> Oh, relax.

Come on, let's go upstairs.

>> Why?

>> Come on, boy.

>> Come on, boy. Come on.

Come on.

>> Couldn't meet in the park?

>> The best place to hide,

in a crowd in plain sight.

>> Plain stupid.

>> We're just chatting.

Two blokes having a chat.

>> What do you want to do?

>> Let's talk football.

I used to love our team.

I still love our team.

You know what I think

the problem is?

We're missing our star striker.

>> There's no way he can play.

It's against the rules.

>> He's not going to score

goals sitting on the bench,

can he?

>> Can't even watch the match.

He's forbidden from watching

the match.

>> Absolutely. So I'm thinking

that from time to time maybe

I could get someone to talk to

you about our attacking game?

>> Danny...

>> Door's over there if you're

feeling uncomfortable.

Well, I say, door.

>> You need a better goalmouth

strategy.

>> Christ, don't do that!

>> What's the matter?

What's the matter?

>> Trevor.

>> Hi.

>> What's the matter?

>> You do know what it is

you're doing?

What we're doing, don't you?

>> What is it we're doing

exactly?

>> We're...talking.

>> About football.

>> Here we are, some men

talking about football.

>> Nothing wrong with that.

>> Except when footballers talk

about football before the

match, they don't lose their

jobs, do they?

>> I know this is a big ask.

>> Look, I appreciate you must

have been hoping that Mayfield

had picked someone else,

someone more suited perhaps

to something like this.

But the fact is, everyone else

was gainfully employed.

Well, I'm just sorry

it had to be me.

>> You're the hardest working

barrister in the set.

>> Well, I--

Thank you, all the same,

I need to think about it.

>> Foyle had a storage unit.

He told us about it during

the Sandra Mullins trial.

He cleared it out.

He stopped paying for it

six months before the murder.

It played no further part

in the proceedings.

Someone took it on after him

and her name is Eileen Morris.

If something's not turning up,

it just might mean you need to

look for it somewhere else.

look for it somewhere else. Probatio vincit praesumptionem.

Probatio vincit praesumptionem.

>> Thanks for the drink.

>> You're very welcome.

That's for you, by the way.

>> What's that?

>> Collingswood brief.

Mr. Spencer's off on holiday.

>> Where's he going?

>> Where's he going? >> I haven't decided yet.

>> I haven't decided yet.

>> I need to ask you something.

In the cottage, you know,

you didn't actually see

you didn't actually see that man, did you?

that man, did you?

>> It was dark.

>> Sorry.

>> Sorry. I shouldn't have asked.

I shouldn't have asked.

I shouldn't have asked.

>> What?

>> Am I disturbing you?

>> What do you want, Peter?

>> Can you spare an hour

tonight?

>> It's late.

>> You didn't answer

the question.

>> Tonight's a bit difficult.

>> Difficult for all of us,

my dear.

Foyle is our client.

He's called a meeting.

We have a duty to listen.

He sounds very insistent.

>> Yeah.

>> Says he's remembered

something.

something. >> I said yes.

>> I said yes.

>>

Straight to voicemail.

>> Send a clerk round.

>> Where?

>> Harrods.

His house. To his house.

>> We can't do that.

>> I'm not staying here

>> I'm not staying here all night.

all night.

>> Hi. It's Kate.

I'm not here right now,

but leave a message. Bye.

Hi. It's Kate.

I'm not here right now,

but leave a message. Bye.

Hi. It's Kate.

I'm not here right now,

but leave a message. Bye.

Hi. It's Kate.

I'm not here right now,

I'm not here right now, but leave a message. Bye.

but leave a message. Bye.

>> Maggie!

>>

>> It's me, it's me, it's me!

>> Jesus, you were half taken

away from an eye patch.

>> Foyle murdered

Sandra Mullins.

You need to know that.

>> You said otherwise in court.

>> I see things a little

differently now.

>> If you had reservations

about him, you should have

acted on those.

>> He claimed his innocence

and I spoke for him.

I lawyered him out of it

and that's all.

But I know he killed her.

He's a murderer.

There's not a doubt in my mind.

>> You and I differ

on this point.

>> I mean it.

You need to be careful.

>> You can't stand to see me

do well, can you?

This is good for me.

>> Good for you?

>> I'm truly sorry for what

happened to you, but this is

the job.

Work is work, that's it.

>> Foyle murdered Kate.

You let that man in,

you're risking everything.

Don't make the same mistake.

>> Good night, Will.

>> I mean it.

>> I mean it. Don't be alone.

Don't be alone.

>> Did your friend find you?

>> Friend?

>> Yeah, he rang your doorbell.

>> What makes you think

he was my friend?

>> He put your bin bag out

>> He put your bin bag out for you.

for you.

>> The blood was all Kate's.

No DNA matched to Foyle

whatsoever.

>> What does that leave exactly?

>> Will's ID of Foyle

in the locus, going for this

alibi, and that's it.

>> Well, does that even get you

through the door?

>> All the same, we need to

collate some skeleton arguments

on how to beat a Turnbull

Direction should it come to it.

>> That's like arguing with

a tube train in a tunnel.

>> I don't see they have much

choice.

>> No. Well, quite.

>> Yes, thank you for all

your help.

We said we'd be there for him.

>> Yes, well, we will be.

>> How exactly?

>> I think we've missed

a trick.

I've been digging in the old

files.

There was a storage unit.

Foyle had one before

the Sandra Mullins murder.

It didn't make it into the

evidence because he'd emptied it

six months before.

It was passed on

to somebody else.

Want to guess who?

>> She's his alibi.

She cooked him dinner at her

home.

Okay. You're sure

she was paying for this?

>> Direct debit ever since.

If we're drawing a blank on the

link to the locus, it doesn't

mean that there isn't one.

It might just mean that we're

looking in the wrong place.

Probatio vincit praesumptionem.

>> Get a call into the O.I.C.

for me, will you?

We need a warrant in motion

and in the meantime, let's

revisit all we have about

Eileen Morris.

Eileen Morris. >> The O.I.C. for you.

>> The O.I.C. for you.

>> It's like he's finally

worked out how to switch on

his brain.

his brain. >>

>>

>> What is it?

>> They called me again

about my statement.

>> I thought you gave one.

>> They asked me to clarify it

again.

>> And what did you say?

>> Well, I told them the truth.

I told them all about

our evening.

>> Well, there you are then.

>> But why do they need

to check up on me like that?

>> I don't know.

There's nothing to worry about,

is there?

is there? >> No, I suppose there's not.

>> No, I suppose there's not.

>> You're freezing.

Why don't you come in

for a minute?

>> I just have to pop home

first.

>> No, that's okay.

>> No, that's okay. >> Okay. Okay.

>> Okay. Okay.

>> You know anything

>> You know anything about kettles?

about kettles?

>> Oh, it's switched off

at the wall.

at the wall. >> Oh.

>> Oh.

These people, these lawyers,

they don't see you.

Did you know that?

>> No.

>> They don't have an ounce of

mercy in them.

I'll be honest, Eileen.

They can be very manipulative.

Eileen, I want to protect you

as best I can.

I really do.

But I need you to be a little

But I need you to be a little more sure of yourself.

more sure of yourself.

>> Sure?

>> Of yourself.

>> Yeah, I think I can do that.

Yes.

>> You be you

and I'll be them.

Ms. Morris, can you tell

the court where you were on the

evening of the 3rd of December?

>> I was at home.

>> What did you have to eat?

>> Spaghetti carbonara.

>> Wrong.

>> Con funghi.

>> Wrong.

>> No, it's not.

>> No, it's not?

>> I don't understand.

>> Have courage in your

conviction.

conviction. Don't let them rattle you.

Don't let them rattle you.

What did you have to eat?

>> Spaghetti con fu...

I'm all confused.

>> Are you, Eileen?

Are you confused?

>> Yeah.

>> Confused doesn't help us.

Confused makes everything

Confused makes everything go away.

go away.

Am I hurting you?

>> Yes.

>> Am I hurting you?

>> Am I hurting you?

>>

No.

>> Now what did you make

for dinner that night?

for dinner that night? >> Spaghetti carbonara?

>> Spaghetti carbonara?

>> Spaghetti carbonara? >> Cup of tea?

>> Cup of tea?

>> Gavin, can I ask your expert

opinion on something?

>> Yes, of course.

>> A barrister can't coach

a witness, correct?

>> Gross misconduct.

He'd be out in a flash.

>> What about a witness

coaching a barrister?

I have a friend who is

displaying a sudden

and surprising burst of talent.

I think he's getting help.

>> Well, he's not just risking

his own neck, he's risking

his case, his client and

the reputation of his chambers.

So for the sake of your chum,

I suggest you find out

what's going on.

what's going on. >> Thank you.

>> Thank you.

>> Did you need to go

in the other one?

They're both mine.

>> Yes, we will.

>> Well, it's a bit of a--

sorry--a bit of a squeeze.

>> All right.

>> All right. >> This one's mine as well.

>> This one's mine as well.

>> They found a size 12 boot

in that storage unit.

It's a strong candidate

to match the tread in the locus.

>> Foyle's a size nine,

of course, doesn't stop him

wearing a bigger boot.

Yeah, forget the alibi

and focus on the boot.

Get her on the stand and make

the connection.

>> But if we call her as our

witness, we can't cross-examine

witness, we can't cross-examine her on the alibi, can we?

her on the alibi, can we?

>> The whole basis of that

alibi is good character.

It's a hard sell to undermine

her directly.

But you show in court that they

have undisclosed connection to

this storage unit, you're

undermining her credibility.

But you may not have to do any

of that if you can prove

this boot to the scene.

It's a big choice,

but it's bite the bullet time.

I think that's the way you

should go.

>> Tara's here. Walk away.

Tara's here. Walk away.

>> Prove the link and undermine

her at the same time.

Double bubble.

Oh, and make sure that warrant

Oh, and make sure that warrant was kosher.

was kosher.

>> Trev, looking a little bit

lost there.

>> Tara, hi.

What are you doing here?

>> Danny around?

>> Danny around? >> Why? You seen him?

>> Why? You seen him?

>> How bad?

>> She saw Harris and she might

have seen you, too.

>> So we're burned. We're done.

>> So what happens now?

>> So what happens now? >> We cross our bloody fingers.

>> We cross our bloody fingers.

>> We cross our bloody fingers. >> I'm very sorry.

>> I'm very sorry.

I crossed a line.

I crossed a line. >> Yes, you did.

>> Yes, you did.

>> I'm so stressed

about everything.

about everything. >> I'm sure you are.

>> I'm sure you are.

>> I'm sure you are. >> I'll see you later.

>> I'll see you later.

>> It's the first day

>> It's the first day of the trial today.

of the trial today.

They'll be arguing

about evidence.

Jury's not in yet.

Jury's not in yet. You remember the drill.

You remember the drill.

I'm probably going to take Jamie

up to the cottage this weekend.

Go through your stuff.

I think it's time.

It might be good for him,

It might be good for him, you know.

you know.

You were always better at that

sort of stuff than me.

sort of stuff than me. We'll see how it goes.

We'll see how it goes.

That way it's done before

That way it's done before I have to take the stand.

I have to take the stand.

Everyone's doing what they can.

Everyone's been great.

Everyone's been great. A lot of people really love you.

A lot of people really love you.

A lot of people really love you. We'll do our best, okay?

We'll do our best, okay?

We'll do our best, okay? I promise.

I promise.

>> Relax. So they found a boot.

Big deal. It's not DNA.

You stick with what we agreed.

Finalize the evidence.

Eileen will come through for us.

Mr. Foyle?

>> We had dinner together.

She'll confirm that under oath.

So the boot's not a problem?

>> Not from where I'm sitting.

>> Just him

and what he says he saw.

>> As it stands, yes.

>> As it stands, yes. >> As it stands.

>> As it stands.

>> As it stands. >> You sure you're up for this?

>> You sure you're up for this?

>> You sure you're up for this? Right.

Right.

Right. Shall we start in here?

Shall we start in here?

There you go.

It's all right.

It's all right. It's okay.

It's okay.

>> Dad?

>> Yeah?

>> Can I sell my books on eBay?

>> You can do whatever you want

with them.

I might do the same myself.

>> You? On eBay?

You're rubbish with computers.

>> Yeah, me. What?

>> Yeah, me. What? >> There's no way. No way.

>> There's no way. No way.

>> There's no way. No way. Can't even turn a computer on.

Can't even turn a computer on.

I mean, I would eat my hat

I mean, I would eat my hat and I don't even have a hat.

and I don't even have a hat.

and I don't even have a hat. Dad?

Dad?

Dad? >>

>>

>> Mum said it was a surprise,

>> Mum said it was a surprise, a nice surprise.

a nice surprise.

>> Speed dial five,

would you please?

>> What's going on, Dad?

>> I need to speak to someone

and then we'll go back, okay?

Get ready to dial.

>> Please, can we go back now?

>> Please press five on that

phone and hold it down.

>> Hello?

>> When were you planning

on telling me?

>> Will?

>> When he was in jail?

Never? Were you just gonna send

me an ultrasound in the post?

I want a meeting with everyone

tonight.

You, Gavin, the coroner,

everyone! Hang up.

everyone! Hang up. >> Listen to me!

>> Listen to me!

>> Listen to me! >> Sorry, Jamie.

>> Sorry, Jamie.

>> Sorry, Jamie. Do you hear me?

Do you hear me?

Do you hear me?

>> I should have fought him

harder.

It's my fault. I'm sorry.

I should have tried again.

>> Jamie, what are you saying?

>> I scratched his head.

>> You scratched him

with your hands?

>> And then I hid.

>> You were in a box

by the door.

>> Not the first time.

>> You moved?

>> You moved? >> Dad, look out!

>> Dad, look out!

I'm sorry.

I'm sorry. >> Me, too.

>> Me, too.

I just need you to take

a nice deep breath, okay?

And now I want you to explain

And now I want you to explain to me exactly what happened.

to me exactly what happened.

>> Yeah?

>> Maggie, Peter.

Forensic team just found DNA

at the cottage.

>> Foyle's?

>> Mm-hmm. The boy moved.

They found a sample

under the sink.

>> Get on the phone

and get Maggie!

I want my legal team,

not you, Simkins!

You're driving me up the wall!

I can't hear you speak anymore!

DNA, it is, Mr. Foyle!

It's DNA!

What does DNA mean?

What does DNA mean? Get Maggie here now!

Get Maggie here now!

What kind of DNA

What kind of DNA is DNA that we drop?

is DNA that we drop?

Where did this DNA come from?

Mr. Simkins!

>> I can't tell you, Mr. Foyle.

>> Is it from hair?

Mr. Simkins, is it from semen?

>> You've locked him in.

>> He said he'll only speak

with you.

>> You've locked him in.

>> Correct. We were discussing

his alibi and the conversation

drifted to the new DNA evidence.

>> And you let it.

>> It's only a low count sample

manifestly unreliable if we do

our job properly.

>> Well, he's not gonna see it

that way, is he?

that way, is he? >> I suppose not.

>> I suppose not.

>> It puts me there.

>> You're concerned about

the DNA?

>> It puts me in that cottage.

It puts me at the locus,

Margaret, and now they think

it's me.

>> They might think it says you

were in the cottage.

>> Is this how it's going to be

here on in?

You think I like spending

my entire life sitting

in an airless room

with his coffee breath?

It's like an infernal machine.

It chews you up, doesn't speak,

doesn't listen, just keeps

moving forward.

moving forward. There's nothing you can do.

There's nothing you can do.

There's nothing you can do. >> Okay.

>> Okay.

We need to back up

for a moment.

>> We?

>> We have a very clear alibi.

>> We?

You love it, don't you? We.

>> We are one and the same.

In terms of this trial,

our fates are intertwined.

>> No, we don't go to prison,

do we?

>> We were not in the cottage.

>> No, we weren't.

>> So, we need to work out

why the DNA would say that.

>> But it's science and you

can't argue with science.

>> I can, Mr. Foyle.

In fact, I can be

In fact, I can be very persuasive.

very persuasive.

very persuasive. >> Good.

>> Good.

>> Good. >> Be upstanding in court.

>> Be upstanding in court.

>> Mr. Burton, I know this

is going to be hard for you,

given the circumstances,

so please take your time.

>> I saw him through the window.

>> Him being?

>> Liam Foyle.

>> He was known to you?

>> Yes. I'd just defended him

in a criminal trial.

>> How often would you say

you saw him during that period?

>> Almost daily, over the trial

period six months.

>> Is there any doubt in your

mind whatsoever that the man

you saw during those times was

the same man you saw staring at

you through the kitchen window?

you through the kitchen window? >> None whatsoever.

>> None whatsoever.

>> None whatsoever. >> Ms. Gardner?

>> Ms. Gardner?

>> Mr. Burton, you are

a practicing criminal defense

barrister, are you not?

>> Yes.

>> If a situation arises where

a case against an accused

depends to a great extent

on the identification of the

accused, is there a warning

the judge should give the jury?

>> Yes.

>> What is that warning called?

>> It's called a Turnbull

Direction.

>> In your professional

opinion, is it important for

the judge to warn the jury

of the need for caution before

convicting anyone in any case

that relies so heavily

on eyewitness identification?

>> Yes.

>> Should the judge in that

situation ask the jury

to closely examine every

circumstance in which

the identification was made?

>> Yes.

>> Would--

>> I can list them for you

if you like.

>> No, thank you. I'm more than

capable of recalling them

on my own.

When you found her body,

who did you see in the window?

>> I saw Liam Foyle.

>> You had no doubt whatsoever

it was him?

>> Yes.

>> There was a second

individual present at the time

Kate Burton was killed,

wasn't there?

Mr. Burton?

>> Yes.

>> This would be your son James.

Is that right?

>> Yes.

>> Well, according to his

statement, he was unable to

make any identification

of the attacker whatsoever.

Is that right?

>> He's nine years old.

He was hiding in a box.

>> So if I might ask again,

is it your understanding that he

was not able to identify

the attacker?

>> Yes.

>> So 50% of persons present

were not able to give

a positive identification

of the attacker.

Mr. Burton, when a jury

convicts, is it beyond

all doubt?

all doubt? Is that the term?

Is that the term?

>> Reasonable doubt.

>> Beyond reasonable doubt.

Now let's have a think about

what might be reasonable

in this situation, shall we?

When you saw the man you are

alleging was the accused,

Mr. Foyle, was it dark?

>> Yes.

>> Were you under stress?

>> Is that a serious question?

She was pregnant.

Did you know that?

>> Mr. Burton.

>> My Lord, Part Seven,

Code of Conduct.

>> Please try and remember that

you are a witness, not counsel

in this case, Mr. Burton.

>> My Lord, I am fully aware

of the tragic circumstances

we have surrounding us and I am

keenly aware of Mr. Burton's

incomprehensible loss.

But in the case we have before

us, Mr. Burton's distress

cannot be avoided if my client

is to be given a fair trial.

>> Very well then.

>> When you saw the man in the

garden, were you under stress

in any way?

>> Yes.

>> What is a Bar Standards

complaint?

>> It's a formal letter

listing a complaint against

a practicing barrister.

>> Have you ever received

such a complaint?

>> I have.

>> Can you tell us who wrote

>> Can you tell us who wrote that complaint?

that complaint?

>> A former client of mine

wrote it.

wrote it. >> His name, please.

>> His name, please.

>> Liam Foyle.

>> In a dark room in the shock

and trauma of finding your wife

in a pool of blood on the

floor, holding her in your

arms, still unclear as to where

your son was, you look up at

the window and you see a man,

a man who recently had been

given cause to make a serious

complaint against your conduct

to the Bar Standards board,

a man whose absence from your

life would be very useful

indeed.

But it wasn't that man,

was it, Mr. Burton?

was it, Mr. Burton? You just wanted it to be.

You just wanted it to be.

>> You have to stop her.

>> It's a bit late for that.

>> She's twisting the facts

around to make them wrong.

>> Doing a good job of it, too.

>> If defense had a problem,

they should have argued it

at the appropriate time.

>> The issue has only just

come to light.

>> There is compelling evidence!

>> Can I come around tonight,

please?

Please, I'm freaking out.

How did he know?

There's no way he could have

known.

>> When you killed her,

did she die quickly?

How do you live with yourself?

>> You had us all worried

for a minute.

for a minute. >> I'm just full of surprises.

Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0