Original subtitles

More than a quarter of a century has passed

since Sophie's body was discovered

abandoned on the laneway leading up to her holiday home.

More than a quarter of a century before

Ian Kenneth Bailey...

...the self-confessed chief suspect,

having finally been dragged by the forces of law and order

out into the light of day, now stays silent.

Refusing to assist in his own defense

by taking the stand.

Refusing to confess in a court of law

to what he's freely bragged about...

in private.

And in public.

We've seen him strut for the media,

smile for the camera.

He's not smiling now.

And what about Sophie, Mr. Bailey?

This beautiful woman,

bon vivant, full of life.

A life taken away too soon.

By this silent assassin.

And if you have any doubt whatsoever about his guilt,

remember he said...

"I did it."

"I killed her."

"I killed her."

Now he sits, mute and unashamed.

You are a balanced jury, equal men and women.

All of you must convict this man.

He must be sent away to serve the rest of his days in jail.

To die in a French prison.

Dear jury, please follow me.

Foreman, so, um,

In the unlikely event of a blackout,

use this flashlight, all right?

Thank you. Thank you.

Who's number six?

It's me.

Is that correct? Next of kin.

-Yes. -Okay, perfect.

And you are number...?

I've done them already.

Number 8.

What are we having for lunch?

Oh, why don't we have Chinese like we did last Friday?

Do we sit?

No, no, no. We have to sit in order.

Look, the best I can do is remember numbers.

I can't remember all your names.

I think we-we've all been through a tough time,

being away from the family, being isolated,

and having to hear the horrible, gruesome details

of a murder

still leaves me with a feeling in the pit of my stomach.

I mean, I-I can only imagine her last moments.

So, it has filled me with a passion

to get justice for her.

Juror 8.

Uh...

Yeah.

We have all the police statements.

We've heard all the evidence over 60 days.

Yous have all got to know each other.

Maybe too much.

Um...

I think there's nothing to do here

but just to get an overview of where we stand.

-Would you agree on that? -Yeah.

I think we're all on the same page there.

-Yeah. -Yeah? Okay. So...

Let's just have a show of hands for guilty.

Innocent?

You want more of this?

No, wait, hold on.

She has a right to her decision, you know, so...

I'm sorry.

I'm sorry.

I didn't mean to laugh.

-No, I'm sorry. -Huh?

I'm sorry.

No, no, what I mean is...

No, I'm sorry.

You actually do think he's innocent?

Yeah.

I know-I know that's, um, funny--I mean, absurd.

And I don't want everyone to wait for me.

Um...

And-and I know you want to go home,

and we have a lot of evidence, but I--

Yeah, I'm aware of the absurdity,

but I just have this feeling, and I-I'm sorry.

You can't be serious.

I have somewhere to go.

You thought he deserved prison.

Yeah.

I did, and, but um...

I don't know if he deserves to die in prison.

You know?

What does that even mean?

I don't know. I just--I have- I have a doubt, you know?

You don't have a doubt?

None.

Well, I have a doubt.

I-I don't know w-what it is.

I-it's a feeling or intuition.

Look, uh...

w-with respect, if you don't mind.

I know you're talking about your feelings,

but facts don't care about your feelings.

Okay?

Okay. Can I say something?

I don't know if I have the right to say it,

b-but I feel like sharing this with you, and--

So...

My grandfather was in a concentration camp,

which has nothing to do with what we're doing here,

but it always gave me this feeling of...

I had a different perception of prison

and what it means to, um, put someone into a prison

and have this decision made by some sort of machine

or structure or...

rule system or justice system

that we create and with which we judge someone, and, um,

I don't know, I just, I can't.

So, sorry,

do you not think there should be prisons at all, then?

Now...

I don't want to be rude, but we all heard the same case,

and what would happen, like, if...

he went free and killed again?

I know. I--This is a terrible thought.

As well as sending an innocent man to prison.

But he's not innocent.

-No, I'm not saying- -Have you seen the pictures?

What pictures?

These pictures.

Jury.

This is what he did to his girlfriend.

I mean, it doesn't look good.

The police had them on file.

This is what convinced everybody he did it.

Pass them down.

I certainly don't want to see them again.

Did you...

Did you ever think he might've been guilty?

What are we dancing around here for?

Look, he was spotted the night of the killing at the bluff.

The guard said that.

Yeah, that was Hunt's Hill.

Yeah, Hunt's Hill. He was there at Hunt's Hill with his missus.

And he comments about Sophie's light being on?

Why would he do that? Tell me. Am I mad?

"To look at the view," he said.

Oh, that's right. It was Times Square he was looking at.

No, it was nighttime in December

in the backyard of nowhere, in fucking Cork.

Are you serious? He was checking if the rendezvous light was on

and she had her clothes on or off.

Dressed. Ready. That's what it was.

That's what he did.

And we know what he did. He went back to his missus.

"Good night, Jules, my darling."

Creeped out of bed like the little creep he is,

put on a long, dark, black coat.

Walked back in full arrogance, thinking she was gonna go

for his shitty fucking English poetry.

But she rejected him.

She said, "You have a partner." But what did he do?

He kept on going 'cause it's Ian Bailey, the egomaniac.

He tried her again.

She rejected him again.

What did he do? He killed her in a fit of fucking rage.

Am I lying here?

Am I mad?

It has been proven

that he lied in his statement.

Initially, he said he went to bed and he stayed there.

And then he said he got up to write an article.

Yeah, but he volunteered all his information.

Yes, but it meant he didn't have an alibi.

Yeah, and he placed himself

front and center as a suspect.

What if he did a mistake

and he wanted to correct himself?

I'm just saying that sometimes we can't--

Remember. We think we remember, but we don't.

Who is doing the thought? You are doing the thinking.

That's your brain working. If it works.

Mostly it doesn't.

We're asking what is thinking now.

That's where we're at.

Yes, exactly.

How do we know what we remember?

You said you had something, whatever,

chicken f-foo thing, you said.

When did you have that lunch?

We had-- Well, it was last Friday.

You had tandoori chicken on the bone.

-Yeah, that's right. -Yeah.

-Check again. -Friday. Friday, yeah.

I can check. I don't know the exact date.

It was Thursday, actually.

That doesn't prove anything.

I'm just saying that what--

That's how well our memory works.

I don't know where this is going because

I know exactly what I had and what day I had it.

It was beef, broccoli and sesame salad.

And who cares about your beef, and broccoli, and sesame seeds?

Are you people serious, talking about your bellies?

This is the most savage murder to ever happen in the country!

This man comes over here,

thinking it was his royal duty to beat women,

tells people he killed Sophie,

and we're wondering if he did it or not?

Am I-Am I losing my mind over here?

-Juror 3, sit down. -What? Sit down?

What's going on there?

Someone explain to me!

Fucking hell.

Just take it easy.

We gotta have some order.

Yeah, we'll have some order. I love order, yeah.

They're looking to order fucking food over there.

Our job is to reach a conclusion, yeah?

We're just gonna have to convince

Juror 8 of our point of view.

Yeah, how long is that gonna take us?

Forever.

Look, anyone who wants to give their reasons

for a guilty can.

So for me, Juror 8,

it was his lack of empathy with the victim.

The fact that he kept referring to her as Bouniol,

as if he refused her married name,

as if he refused her true identity

as the wife of, uh, Daniel Toscan du Plantier.

H-he never seemed to--He--

Her name seemed to get stuck in his throat.

So I couldn't see any empathy there.

I felt he didn't want to revisit the crime.

He didn't want to look into her eyes again.

I mean, if he did it,

that's what he dreams every night.

Her last moments.

Juror 2.

I've had police in my family for three generations.

I think the Irish people trust them

and I trust them, and i-if Ian Bailey is innocent,

that means that there's widespread corruption

going through the whole guards,

and I find that hard to believe.

You know? I mean, why would they lie about it?

Like, what do they have to gain by lying?

I can't see it.

- Juror 3. - I'll pass.

I think I've said enough, haven't I?

Four?

Well, if I remember rightly,

he was seen following her the day before.

By two different people.

I think it was Dan Griffin

and Marie Farrell.

They saw him the day before in town,

watching her from across the street.

Now, he wasn't following her for the good of his health.

Maybe he wasn't following her.

-But he was-- -I-I wasn't there.

That's what I'm saying.

But two people were there

and they saw him following her.

Well, you can be influenced very easily.

I can influence you of a lot of things you're going to say.

I can if I want to, but I'm not doing it.

All right. Okay.

Juror 5.

I'll go later.

Okay. Well, then, Juror 6.

I prefer to pass for now.

You pass?

Y-yeah, the same as you. Y-you passed.

Yeah, but we know what side I'm on.

That's... that's very clear.

Oh...

Can you shut up for a minute, yeah?

Something-something's going on between you two.

I sensed it before.

Don't bring personal stuff into it, Juror 3.

- Juror 7. - Okay. Okay.

I think she was coming to meet him.

I think it went wrong.

Juror 9.

Now, I'm convinced

that the bleaching of the coat in the bucket

was to remove blood from the coat.

He's guilty.

Juror 10.

All right, yup. Yeah.

There was something going on between them.

- You're bang on. - Yeah.

She came over to meet him. They met up, had a row.

It all went wrong, you know?

That rock.

He had to be a big man to lift that rock.

He was a big man. She was a small woman.

The rage took over. Yeah.

Guilty, guilty, guilty.

-Yeah. I think... -She couldn't defend herself.

Juror 11.

Can I just have a second? Uh, 12, can you go?

-Sure. -Yeah. Thanks.

It's overwhelming.

Just think about the evidence you have seen,

that we have all seen.

I have no doubt that he is guilty.

Yeah.

Sorry, um...

I would like to see the statement

of the English pathologist.

Not Harbison?

Yeah. What was his name? Sorry. Juror 4?

-Jason something. -Jason Payne.

-Yeah, Jason. -Jason Payne.

-Yeah. -Yeah.

He appeared by video link, so--

Um...

Could we see the Jason Payne video link, please?

Right, so on Sophie's face, on the left-hand side,

there were two wounds.

They look very much like typical stab-type injuries.

And if we look on the right--

Actually, this is the left-hand side again,

we can see a cut across what it's called

is the thenar eminence there.

That is consistent with the defendant's wound,

where somebody tries to grab the blade of the knife.

Wait, wait, wait, wait. Can we stop it?

Okay, Sergeant, can we pause it there?

Okay, if I-- so just for me to understand,

because I'm apparently very slow and stupid and--

-You would be, yeah. -Yeah, I don't get it.

So, for me, I want to understand.

So, he stabs her twice like that

with a knife, yeah, in-in her cheek.

The next time, or whenever she grabs the knife,

and that's where she gets this on the picture.

The-the wound, yes?

-Yeah. Here we go. -Okay, now if--

And can you play more? Like, continue.

Yeah. Pass those pictures down, and--

Yeah, okay, let's finish out that.

This is where he's talking about the damage to her eyes.

On this one, we can see what's called

a petechial hemorrhage,

which are these pinpoint hemorrhages

which are created by pressure.

So, where I push on the neck.

Okay? So...

Then he goes on saying that she was choked unconscious.

And then...

So, the original pathologist only talks about a rock

and her being hit with a rock, which is why she died.

This pathologist now suddenly talks about

the stabbing and the choking,

which is what we see with the fingernails,

where she tried to free herself, and once she was unconscious,

hit with a rock.

And so, I'm just saying, if they have this wrong,

what else did they miss?

Did that make any sense to anybody else? No?

I don't know. What are we gonna figure out reenacting

the stabbing with a fucking pen?

Can you please stop that?

Is that like-- Are you a recorder?

Are you on record? Are you on repeat?

Do you have a different CD we can put in?

Yes. Thank you. Okay.

But the two pathologists.

-That is an issue. -Mhm.

He fucking killed her. Simple as. He's a murderer.

But why did they not do a better job?

It's their fucking job.

Do you understand this is nothing to him?

He nearly took the eye out of his own woman.

Do you understand? This is nothing to him.

Okay? This is his royal duty.

Okay? To beat women, kill women.

Oh, you'd be surprised how many men beat their women.

No, I wouldn't be surprised. I know.

I know. I never hit a woman in my life.

Uh-huh.

Shh, guys.

Stop, Juror 3, please.

I'm not saying that he's innocent.

I'm just saying that there's a possibility

that he's innocent.

This is not about you two.

It's about Bailey and that poor woman.

Yes. So, please, can we have another vote?

-Okay. Okay. -Can we have another vote?

-We can. -If we vote...

and everyone says he's guilty except me,

then I'm ready to give up, I will.

-Okay. -Finally, we can go home.

That-That's fair enough.

Okay.

-Okay. -Yeah.

But it has to be, um, it has to be anonymous.

Anonymous? Why?

Because otherwise, we can be influenced.

By who?

I won't say that.

Oh, will you now?

-All right. -Okay.

-Anonymous vote. Yeah. -Let's just do the vote.

Okay. So...

Okay.

Pass them along. Pass them along.

Here. I think you need a few more.

Okay.

Thank you.

Will you fold them up, please?

And don't show them to anybody else.

Okay.

Want to make sure now.

Pass them along.

-Are we ready? -Yeah.

Okay. Guilty.

Guilty.

Guilty. Yeah.

Guilty.

Guilty.

Guilty.

Not guilty.

Not guilty.

That's two "not guilty"s.

Oh.

Can a man have permission to speak, please?

You voted twice.

Yes, I voted twice.

I know what happened now, really.

I spotted it from day one. I said it to you.

You two are in bed together.

Are you crazy?

If something's going on behind our backs, can I join, please?

Three in a bed.

Whoa.

Now, hold it.

Oh, I like it rough. I like it rough.

I'm the violent man?

So who was the person?

Was it you? Was it you, Ms. Claustrophobia?

It was me.

-It was you? -Yeah.

Oh, this is madness.

This person, whoever killed Sophie,

h-he had his hands around her neck.

I mean, this murder was about silencing her.

Whoever wanted her dead wanted her silenced.

All we have here is a room full of men

shouting, silencing another woman.

Fuck that!

Fuck that! Don't make it about men versus women.

I was raised by a single mother.

No one dare call me a misogynist.

I am defending a dead woman here.

What are you doing?! Look, there you go!

-There's what women do! -Can I speak, please?

Sit down, please, please.

I think we owe it to Sophie to talk about this.

Can we do that?

To discuss this in a civilized manner?

Yeah, civilized.

That's how we get to justice, being civilized. Yeah?

Number 3, please. Please.

Come on.

Look, I think the French thought

that Bailey was a buffoon.

And wasn't he always naming the husband as,

uh, I don't know, somehow involved?

Like, the only real evidence

that Dermot Dwyer had against Bailey

was that he said

Marie Farrell said she saw him at the scene

of the crime on Sunday night and also Saturday

outside of her shop.

Well, that was Dwyer's trump card, you know.

And, um, Foreman, could you ask the sergeant

to reverse that shot of Marie?

Yeah, Sergeant, can you reverse the--

That shot of Marie Farrell

coming out of the court with Dermot Dwyer?

Could we have that, please?

There you go.

That's Dermot Dwyer. That's him.

-Yep. -Right there.

And, Sergeant, play, uh,

Toscan in Ireland with Dermot Dwyer.

Yeah. Yeah.

Well, it doesn't look like Dermot's in charge there.

Yeah, it looks like Toscan is.

So, I think six months after, the husband,

he got married to another woman.

I think I read something like that in an article online.

-Really? -Yeah.

He got married a year later

to a woman who worked for the same company Sophie did.

Her name was Melita.

And six months after she died,

I think he got her pregnant.

So what? Six months after Sophie died, he got a woman pregnant

and then was married to her, what, within a year?

Yeah, that's what I gathered

from the article, yeah.

When he was asked about it, he said,

you know,

after the death, he chose life.

And you can kind of see his point, you know?

Usually in these situations, is it not always the husband

that commits these things?

Not the lover?

How many times do you have to be told the husband was in France?

He didn't even come to claim the body, though.

You know, if my wife was killed in a foreign country,

I would be there.

You know, you'd be there. You'd talk to the police.

You know, you'd do whatever you could

to make sure whoever did it was caught or brought to justice.

It just doesn't make sense why he didn't come.

It's strange.

Her family was coming over to get her.

What's strange is that

the Irish police weren't allowed to interview the husband.

That's strange. Please.

-I mean... -Did he not give a statement?

He did, yes,

but he had his lawyer present in France

and he gave it to the French police,

not the Irish.

We're gonna have to get the sergeant

to play this for us.

Um...

Her husband, Daniel, accused Gardaí

of treating him with suspicion and keeping him in the dark.

Two years ago, he vowed

that he wouldn't return to Ireland

until his wife's murder had been solved.

Daniel Toscan du Plantier brushed aside questions

from waiting journalists before heading for Bandon

for a meeting with senior officers in the case.

And it was only years after Bailey had been arrested

that Daniel came back to Ireland.

Do you take back the criticism

that you made two years ago of the police force,

that they were keeping you in the dark

and perhaps treating you with suspicion?

Well, the problem is not on this side,

but that case has to be solved, and I think it will be.

It's very upsetting. I mean, everything combined together.

And if now, on top of that,

there is a husband

that is not really investigated and also didn't come,

maybe this man is in a lot of pain.

You know, we don't know.

Toscan said he and Melita were united by grief.

And her story is that her mother

was killed by her father,

but he was never arrested

because he was a police informer.

Okay, so...

Uh...

Look, I'm not implying Bailey is innocent in any way,

but all these are his articles.

And he's the only one

who's speaking about a French connection,

the only journalist in Ireland.

And you can't deny her love life was mysterious.

Both their love lives were mysterious.

And he was friends with Chirac,

a very powerful man.

And this is the week before he's arrested,

so, once Bailey's arrested, all this stops.

Look.

Bailey knew everything, all right?

Everything about the crime.

He was a journalist.

He knew stuff he shouldn't have known.

He was just doing his job.

He barely had a job.

He was a narcissist.

He thought everyone was in love with him.

He met Princess Diana once

and he thought she was in love with him.

Yeah, but why would Eddie Cassidy

send a low-level stringer to the scene?

He was nearby.

Who was Eddie Cassidy?

He was a journalist.

He gave Bailey work, you know, he was good to him.

And why was it so urgent

to send Bailey to the scene of the crime?

'Cause he said there was a death.

A suspicious death?

No, just a death.

So, Bailey knew it was murder.

All along?

Before the editor.

He knows absolutely everything.

He just murdered a woman and then he just...

Just goes home

and waits for a phone call from the editor

to return to the murder scene.

'Cause that's what they do.

Who?

Murderers!

Fucking psychos! Twisted people like Bailey!

They don't care about people, they're sick in the head.

Okay, they just toy with people.

You've got no idea what it's like

to live in fear of a person like that.

You haven't got a clue, all right?

To see your dad getting bullets in the post

or your friend's dad lying in a coffin!

They've got murals for hunger strikers, for everyone.

Where's the murals for the murdered unarmed guards?

- Enough! - Get off me, will you?

All the unarmed guards.

Garda Fallon, Garda Burn, Garda Morley.

Where's the mural for them?

Where's your fucking respect for them?

Stop it! Stop it! Stop it!

You don't know anything.

You don't know what I've been through, all right?

You don't know how it is to fall asleep

in a hail of grenades, hiding in a fucking bathtub!

That's my fucking first memory!

You don't know shit!

All right?

Fucking abject psychology!

Okay.

Look, for what it's worth,

I'm sorry for flying off the handle.

Okay, I took it too far.

I'm sorry as well.

But he knew everything.

He was the first to know she was not sexually assaulted.

'Cause he was too drunk.

He went into a rage, smashed her head in

like he did with Jules.

Then he got panicky, ran off home.

No, he didn't.

He went to Jules' house.

-The same thing. -No, that's not the same thing.

His house is like 80 yards up the road, I think.

He reported there were two glasses by the sink.

He was putting the blame on somebody else.

He was trying to take the attention away from himself

and onto somebody else.

Yeah, he was always pointing the finger at the husband.

Maybe that's why they wanted to shut him up.

Look, the husband is a thousand miles away.

Okay, so what did he do?

Get the hitman with the breeze block

in his briefcase and send him on the airplane?

That's even too stupid to contemplate.

Look, he's the first to know about the murder.

He's the first to know the location of the house,

he's the first to know the name of the Frenchwoman,

and he's the first person on the scene of the crime.

But Eddie Cassidy,

the editor, he sent him.

He never told him where it was or who she was, okay?

And Bailey passed Shirley Foster on the road,

and she said he was already on her road.

And that is way off the beaten track.

All right, just...

Sum this up. What's worse?

Bailey arriving at the crime scene

or Shirley Foster driving through the crime scene?

I mean, she was...

The police just let her drop her rubbish off?

She was just driving through the crime scene, polluting it.

Okay, I'm not saying this cute old lady,

Shirley Foster, did it,

but she was Sophie's next-door neighbor.

In the middle of the night, they didn't hear anything?

Their dogs, they didn't hear anything?

She should have been the initial prime suspect,

and instead, she was the first witness against Ian Bailey.

It's like somebody's pointing the finger at Bailey

from the very beginning.

Or before the beginning.

Ah, come on.

So, I think we should listen to those tapes.

You want it? Yeah.

Nobody can hear anything on them.

The judge mentioned those broken tapes.

I thought I'd give it a shot and listen to them.

Yeah. Holy Mary, Mother of God, pray for us sinners.

Am I to believe that?

She's now a witch? She has supernatural powers?

I think you're gonna have to listen to this.

Basically, the guards...

said that...

Bailey found his way to the scene unaided.

Nobody told him.

Didn't tell him the location.

Didn't tell him it was a French national.

And how come he knew all this information...

...if he didn't get it from Eddie Cassidy?

So, I think you're gonna have to listen.

I told you about Cassidy.

He still thinks that the statement he made is correct.

He's the fella that made the phone call to Bailey.

And it's a lynchpin in the whole fucking thing.

It's a very important kind of thing.

No, no, no, no, no. I'm not asking you when.

We all suspect JP told him the full billy,

but, I think for the purpose--

"I'm not asking you when.

We all suspect JP told him the full billy."

Full billy? What does that mean?

-The full story. -The full story.

All right, go on.

"If you're up in the central criminal court

and it suddenly comes out

that Eddie Cassidy is covering for a superintendent

in the Guards

because he leaked fucking information to him,

we'd all be destroyed because we'd all be asked

why we didn't check it out."

You're a tough man.

'Cause there's two of us in it now, Liam.

"Cause there's two of us in it now, Liam."

Hello.

Yeah, hi.

Tell our French friend

they're arguing back and forth, no decision yet.

What does all that mean?

I'm sorry, but, uh, to me, it sounds like two policemen

who know that the superintendent leaked information to Cassidy

and they're afraid of maybe being caught framing Bailey.

Not framing them.

Well, that's not...

I mean...

It sounds like it, though.

Like, why would we not know that

the superintendent leaked information to Cassidy,

who probably told Bailey?

Well, probably, you know, is...

It's not very legal, is it? Probably.

Okay, well, I don't know, but it's just, it's super fishy.

Listen, even if the police did frame Bailey,

it doesn't prove that he's innocent.

That's the stupidest thing I ever heard.

It's like a way of saying that's stupid.

Just because they're framing him

doesn't mean he didn't do it.

It doesn't mean he did do it either.

It's just a turn of phrase to indicate that he did it.

Letting somebody else go.

It's like self-confessed chief suspect.

Well, he was just a chief suspect.

There was no self-confession about it.

That's another media invention.

Like, the first person that says he confesses is a journalist.

The first person that sends him to the scene of the crime

is a journalist.

The first person that says he was

the self-confessed chief suspect was a journalist.

They're just in collaboration with the police

'cause it helps them.

And in the end of the day,

it's just about selling newspapers.

And the only conclusion is that, for whatever reason,

they're potentially letting the real suspect

away with murder.

Yeah, and we know nothing about Sophie.

Yeah, we know she had a lover over to the house in the past.

But he had an alibi.

He wasn't in the country.

What about the husband?

Which husband?

The second one. Toscan.

Yeah, well, he had an alibi, too.

He was in the South of France.

Bailey gave his DNA voluntarily.

Did he?

Would he do that if he was guilty?

Maybe he didn't know anything about the DNA.

He was a crime reporter,

he knew what DNA was.

And years later, when Toscan died in Berlin,

Melita refused to allow him to be buried

in the same grave as Sophie.

And then, the French family exhumed Sophie from that grave

and did extensive DNA tests.

And there was unknown male DNA,

but it didn't belong to Ian Bailey.

Well, look,

he identifies as Irish, yeah?

I don't care, we don't want them.

I know you don't, but...

There's a million people in the north of Ireland, yeah?

Yeah.

Who identify as English,

but you want them to be Irish, yeah?

Yeah, because they are.

But the one guy who wants to be Irish,

you won't let him.

No, we definitely don't.

Is that not a contradiction?

He's over here murdering people.

He's a proper Englishman.

And you, where were you born?

I was born... I was born in London.

So you are an Englishman, like Bailey.

Now, are you on?

What's this, gang on the traveler time, is it?

There. We better feed this clown.

Sergeant,

can we see that video of Ariana in the documentary

talking about the black coat in the bucket?

But look, I think it's a good point that you're making,

that... Juror 9 is making.

That, you know, you have a situation where,

it's like a very primitive killing, isn't it so?

-It's over here. Look. -What?

The video.

Let's have a look at it.

Big personality.

I remember seeing the scratches on his arms.

The scratches were visible and I, um...

It's not like I was scrutinizing him,

but, you know,

I could comfortably say that, um,

some thorns caused the scratches.

I remember taking a shower.

There was a large bucket in the shower.

A dark coat soaked in there,

heavy material.

I believe it was Ian's coat.

I would say that's unusual.

You know, you're washing such a large item

that is not easy to dry,

you know, in the middle of winter, but...

it is significant,

and I remember clearly...

Does that change your mind, Juror 11?

So, now we have the statement, yeah?

That Ariana gave the police in... April '99.

So, Juror 10, would you read that for us?

"Statement of Ariana Barina

taken on 13th of the fourth, 1999,

at Clontarf Garda Station by Jay Fitzgerald."

"While staying at Jules' house during that time,

I remember clothes being soaked in the bath.

These were dark clothes, but I can't say what type

of clothes those were, except they were dark.

I washed my hair when I was there

and the clothes were gone from the bath.

But I can't say at what stage of my stay

that the clothes were taken from the bath."

"Dark clothes in a bath.

I can't say what they were."

And that becomes:

"Ian bleached his coat in a bucket in the shower."

Like, how was that presented as evidence?

Well, I'm going to change my vote

to "not guilty."

You can't convict a man with those kind of stories

that you're choosing which one

you're going to believe yourself.

That's like faith, it's like faith.

This is what convinced Juror 9.

So, Juror 9, how do you feel about it now?

I'm changing my vote.

Not guilty.

You're getting your way, number eight.

Yeah.

Guilty.

Now, we've not guilty, not guilty.

Not guilty.

Guilty. Guilty. Guilty.

Okay, we're 7-5 not guilty.

So, who was the fifth not guilty?

Can I ask her a question? Do you mind?

Yes. Go ahead.

Did you change your vote over gender politics,

or do you actually believe in what you're doing?

I just want this to end.

It's never gonna stop

if you keep changing your vote.

Look, do you actually believe in what you're saying?

-Why are you so impressionable? -Stop it, Juror 3.

Stop it. Foreman.

I'm asking a sensible question, we're all thinking it here.

You can't open your mouth to a woman nowadays.

What? A man is always in the wrong, is he?

Listen.

I'm changing because of the coat and the audio tapes, okay?

Well, can you believe Marie Farrell, though?

I mean, she cast doubt in her own testimony.

Well, it's hard not to believe her.

I mean,

she said that the guards bribed her

by letting her husband off traffic penalty points.

Is that enough to get her to lie?

Look, penalty points are very important

if you're living in an isolated area and need a car.

Where did she live anyway?

She lives down West Cork, in Schull.

No.

No, her shop is in Schull.

She lives just outside of town.

So, still no decision.

Now they want clarity

on the geography of the murder scenes.

So, this here, that was Marie Farrell's shop, yeah?

With the seats.

That's where... Sophie went in

and Marie Farrell saw the man

watching her over here in a long black coat

at this blue and yellow shop.

-What direction do you think? -Up there.

North, south, east, west.

He followed her north.

What?

Can you not feel it your bones?

Can you not sense it?

The man who followed her up that road murdered her.

And that man was Ian Bailey.

Now, this is exactly where she saw Bailey

at two or three in the morning on the night of the murder.

So, how far is it from here to Sophie's?

Oh, it's about two minutes.

Three minutes, maybe.

Okay, this is where Garda Malone stopped them.

About 150 yards from the house.

And that's Shirley Foster's house at the back?

Yeah.

It's hard to believe she heard nothing.

She was watching TV.

Strange.

The whole thing is strange.

Like the one and only time I believe Marie Farrell

is when she said the guards let her husband away

with penalty points.

And that's the only time I believed her.

Marie Farrell... drove past this shop here.

And just as she got to Kealfadda Bridge,

that's when she saw the man in the long black coat, yeah?

Same guy that she'd seen outside the shop in Schull.

You can't believe a word a woman like that says.

A woman like what?

A woman who changes her statement over and over.

The police threatened her marriage.

I don't know.

I'm happily married.

Happily?

You know, you don't need the word "happily,"

"married" will do.

"Married" is a contract that you enter

and you're stuck in it.

And Marie Farrell is old enough to be your mother.

Would you talk to her like that?

Then what was she doing?

I don't know. She was looking for advice, for protection.

It doesn't matter. She's not the one on trial.

Okay? So shut your mouth.

Are you threatening me now, number three?

He's just protecting a woman.

What about Marie Farrell?

- Marie Farrell? - What about her?

The prosecution found that she was a total liar.

Yeah.

Why would you do that? Why would they destroy her in court?

The prosecution who first used her against Bailey,

and now all they're proving is that a self-confessed perjurer,

a liar, is in fact a liar.

Why would you do that,

if not to undermine her affidavit?

It was never read into the record.

Exactly, because it's in the way.

What's happened here, just for people's memory,

there's a man following Sophie on the Saturday.

She says that was Bailey.

Then she says it wasn't Bailey.

Then she makes an affidavit saying it was somebody else.

Like...

on what basis do we even start to consider this?

Now, I've never seen anybody follow anybody.

I mean, has anybody here seen somebody follow somebody?

No.

Has anybody here ever followed somebody?

I followed somebody.

- You did? - Yeah.

Was it a female?

- No. - No?

It was a man.

A bad man.

I waited on him for a few hours as he drove by the road.

And I spotted his van.

So you were in the car

for him not to see or hear you.

But the person here in this case...

Well, the person in this case

was in full view of Dan Griffin and Marie Farrell.

And I suppose the reason that they were in court

attacking her

was to undermine the affidavit,

was to undermine her sworn testimony.

So, can we look at that affidavit?

'Cause I think we haven't looked at it enough.

Really, honestly.

Okay.

Okay, so, before we get to her affidavit

where she changed her mind,

let's look at her original statements.

Yeah.

I think it's '97.

Well, here. Look.

It says 5-10. Can you...?

No, you don't have your glasses.

Could you read it?

Oh, this is her first statement.

Three days after the murder.

"On Saturday, the 21st of December 1996,

I was working in my shop

at Main Street, Schull, County Cork.

Between 2:00 p.m. and 3:00 p.m.,

I noticed a weird-looking character

across the road from my shop.

He was approximately 5'10",

late 30s, scruffy-looking,

long black coat, flat black beret,

thin build, sallow skin, short hair."

You'd recognize that scruffy, black coat too.

The skin.

How can you not remember that?

And then she says that in her first statement.

And after this one, she suddenly says,

"Oh, it's not this person,

it's a person, which is Ian Bailey."

And then, later, she says, "I'm sorry, I was wrong.

It is the same now again than the first one."

-Can I just say something? -Yeah, go ahead.

Can I just say something if you don't mind?

Look, this little detour

has just reinforced the fact that it's Bailey for me.

His is the only name on any statement.

And if we stay here a millennium,

I'm not changing my vote.

That's it.

Right, the penalty points.

They're an issue.

You seem to be turning now, yeah.

Yeah, I'm definitely having doubts.

Right, so remember I mentioned Marie Farrell

and the penalty points?

Well, that was the first time a red light went off for me.

That's how it starts with the guards.

It's like little things like that.

And then it escalates and it escalates.

I mean they call one of their own a pedophile.

Just 'cause he blew the whistle on the penalty points abuse.

I remember my dad actually believed that story about him.

"Not one of our own," he said, you know?

And a sad shake of his head.

And then, when the truth came out,

I remember he didn't go to mass that Sunday.

You know, he... he never went again.

I remember hearing him say to my mother,

you know,

"If the top brass could do that to one of their own,

imagine what they'd do to somebody who wasn't."

Now, I'm not saying that the...

I'm not saying that the police are corrupt

from the top to the bottom,

but all I'm saying is...

I'm just, yeah, I'm just not sure anymore.

All right.

Now we're split down the middle.

Yeah, come here, can I just get this straight?

A year,

a full year

after Sophie is killed,

Bailey confesses to the murder for a third time.

Your man is starting to feel a bit of pressure,

mentally, he's feeling it.

And he confesses to the murder.

Again. I mean, how many times

does this man have to confess to it

before you actually start believing?

Well, the only true evidence we have

of a confession is in the book.

Yeah, but look, he's only doing that

because he knows if he gets done for it,

they'll reduce the sentence.

Yeah, but... he never did confess to a crime of passion.

-I mean... -Says who?

Well, we have evidence.

That's the only evidence we have.

There was a cameraman

interviewing Bailey for a documentary,

of which there was a journalist attached.

And the cameraman rang the journalist and said,

"Bailey's talking about a crime of passion."

And the journalist went off and wrote

in a hardback edition of a book

that Bailey had confessed to a crime of passion.

And unfortunately, the camera wasn't running.

It turns out that the camera wasn't running,

but the sound was.

And we have an actual recording of what Bailey actually said.

Sergeant, could you play that recording of this confession?

And how long has it been a crime to be eccentric?

How long has it been a crime to...

I want to go on stage and be...

You know, isn't that part of the...?

I mean, it's really weird that the fucking French,

who seem to be, I thought were sort of...

Well, we know that they, you know, we know, they're...

Extramarital affairs and this, that, and the other.

Um... I'm surprised they didn't charge me

with a crime passionnel.

I mean, you know, if that's what you're saying,

why didn't you just go the whole hog

and charge me with crime passionnel?

What's a crime passionnel?

It's a thing in French law where you can get off

because you were in a height of passion

when you killed your lover.

Wow.

Jesus.

That's nuts.

Check it out.

You don't think I'm making these things up, do you?

So, the journalist said Bailey confessed

to a crime of passion.

He's actually saying, "I'm surprised

they didn't charge me with a crime of passion."

So this, to me, is like...

It's an example of how a story can develop.

How could they still print that shit?

Are they little publishers?

No, they're the biggest in England.

Hm. Fake news is in fashion.

Could there not have been any legal ramifications

for that, no?

There would be legal ramifications,

and the defense of the book publishers would be,

"This man was conv... is guilty of murder."

So, it's kind of like all this stuff is...

a lot of the things he said

has been taken out of context and...

Well, I think it kind of... I don't want to say it,

but it... it undermines the other confessions

when you hear that in context, you know?

Okay, let's see where we're at.

If it was a local, they'd know who it was.

I'm sure of that.

I know nothing about her life.

I know nothing about her first husband.

Her second husband is hardly featured in this case.

I just find that really odd.

Quite suspicious, actually.

I think I'm for not guilty.

Okay, let's have a show of hands then

for not guilty.

I mean, this is going...

the other way entirely.

It's now 8-4.

Come on. Are we all turning now, is this what's happening?

This is ridiculous.

What about the fire at the back of the house

where he burned his coat?

- With the buttons? - Yeah.

But there's no place in the police reports.

I've looked at every single thing I can find,

and I can't find any charred buttons.

But I can find what the police took from him

when they arrested him on 10th of February, 1997.

"Property of Ian Bailey.

Green Wellingtons, blue sweatshirt,

two pairs of denim jeans, black overcoat."

Now, this is six weeks after he's supposed

to have burned it on Stephen's Day.

And what about the coat?

What about the bleached coat?

So now he bleached the coat on Christmas Eve, yeah?

He wore it on Christmas Day.

You saw the pictures of Christmas Swim.

You're saying he burned it on Christmas...

on Stephen's Day,

and the police took it on the 10th of February?

What, there's three coats?

Maybe there fucking is.

I have a lot of shirts, the same ones!

But you don't have three Crombie coats.

Well, how do you know?

A flamboyant Englishman, isn't he?

So, he wore one up the hill,

and he killed her and got blood in it.

So, then, to fool everybody, he bleached the other one.

Then he burnt the third one.

Then he came back. It doesn't make any sense!

You know, you're right, it's this mysterious musketeer,

this French musketeer hitman, isn't it?

Come on. I don't think there's a hitman.

What I do know,

this was Bailey's big story of his life,

and he was obsessed with it

because it was his big break as a journalist.

And now he's been fired.

So he says, "Yeah, I killed her to get a good story."

And you think that's a confession?

This is my daughter.

I would die for her.

I really would.

And I'd rather die

and leave her alone in this world...

than to let that wife beater away and escape justice.

You give them an inch, they take a mile.

He got away with stalking her

like death in that long black coat.

That long black coat over there.

The one he was seen in the night of the crime.

Then what did he try to do? Bleach it?

Then he tried to burn it.

But he couldn't wash or burn away his sins.

'Cause God's always watching.

No, I know he killed Sophie.

I know it in my heart.

Now we've not guilty, not guilty.

Not guilty.

Guilty, guilty, guilty.

So, we're 9-3, and Juror 8,

Juror 6 has made a request to speak in French,

so can you translate?

"So, since I'm here on this jury,

it feels like the spirit of Sophie has called me."

You're saying that you actually like it here

because at least no one is...

mistreating you or hitting you.

"As I said, I like it here

and I don't want to go back to Lebanon.

I have taken the decision to leave my husband.

I think that we are good people here

and that Jules is a good person.

I don't think she would stay with a killer."

But you're changing your vote.

Ian Bailey... is no--not guilty.

Look, what did she do on the last day?

According to this police report,

she went to Three Castle Head, a lonely spot.

Spent hours there.

Then O'Sullivan's, tea and scones,

just before sunset.

And she drove home in the dark.

And that was the last known sighting of her.

Apart from...

the person who took her life.

You know, the one thing that I can never make sense of

is her shoes.

Why so?

Well...

They... they have laces,

they're boots.

Hold on.

What's he doing?

Okay, so, she didn't bother

to take her coat from the back door, okay?

-Yet, she... -No.

Don't put them on the table. It's bad luck.

I'm not putting them on the table.

Jesus Christ.

They're laces, yeah?

So they're laced up.

But she didn't wear socks.

And it's December, and it's cold,

and she didn't wear clothes.

And she didn't wear that coat.

So, why is she going out in her night attire,

with her shoes,

and she takes the time to lace them up?

Huh?

So...

I was wondering if we tried to figure out,

if we tried to live it, tried to get into it.

Oh, Jesus. You're disappearing down the yellow brick road now.

What, do you want to take over?

No, I don't want to take over.

But you're talking about, "Let's all make things up."

You might as well throw logic out the window.

That might be a good idea.

Cause all logic has got us is fighting and arguing

and screaming at each other.

So I just thought if we tried to live it,

tried to imagine what happened that night.

Would you try the shoes?

-Me? -Yeah.

Uh, yeah.

We all gonna start holding hands in a minute?

Mightn't be a bad idea.

Well, I'm not holding anyone's hands.

- Why not? - Because this isn't a seance.

We're in a jury room.

Hey.

Just listen to the lady, will you?

Go along with her.

Lights out.

I can't. I can't see really without light.

Can we not turn on the light or something?

I have the light the juryman gave us.

She knows she's not alone.

She has to escape.

She takes the time to put on her boots.

'Cause she can't go barefoot.

The lighthouse flashes.

She is drawn towards it.

She walks over to the window to think.

What's that?

What?

Could be anything.

It's the door.

What happens when you hear two knocks?

Make a phone call?

Call for help from the neighbors.

-Get the hatchet. -No, he'd hear her.

The man hears the floor creek.

She sees the lighthouse and knows now

why she was drawn to it.

She has to get outside.

She thinks she's about to die.

What is this?

No more, number 10.

Go on.

If she did hear somebody in the house,

what's she going to do?

She would...

not know what to do.

She would be scared.

Look out the window, think of where to go.

Knowing the doors, probably.

But you can't go to the door

'cause that coat...

that coat's on the other door.

Why didn't she take her coat?

Why don't you take your coat, your overcoat?

Because she didn't want to go far.

She was only going to the... to the gate.

Yeah.

To open the gate?

To see if someone is there or...

to distract from the house, maybe.

Why does she not go to the neighbor?

There are no neighbors.

There's no mommy, no daddy,

no mercy, no love.

She's on her own.

Anyway, whatever happens,

she goes out with very little clothes on.

With her boots on.

It's just so sad.

Very sad.

He hears her

and follows her.

There's a fight.

He's choking her.

She's looking into the face of evil.

Everybody understands the victim.

Everybody understands the need to cling to life.

Why the rock?

It's cold-hearted.

A warning to others.

This is what happens if you talk too much.

And there's no sexual attack.

The violence is the sex.

And it's not a crime of passion.

It's a crime of revenge.

All right.

So, we're not guilty.

Not guilty.

This is what I expected.

Not guilty.

Not guilty.

Not guilty.

How many? Does anybody know?

Not guilty.

Not guilty.

Not guilty.

Guilty.

Juror 10.

Look...

...half of you are off your heads.

All right?

But some of you are sound.

And...

I believe you when you say you're not sure.

When you say he's not guilty.

And after hearing so much,

both ways,

that I don't know what's going on anymore.

I've had enough.

I've had enough. I've had enough.

And I can't say for sure...

that he's guilty, so...

I voted not guilty.

So...

Juror 3.

What are you thinking?

Nobody wants to face death

when it's looking right into your face.

Sometimes you think you're following a person, but...

It's a ghost you're trying to catch up with.

I can still hear my father's footsteps

the night he died.

How did he die, Juror?

He died by his own hand.

No foul play.

Referee blew the whistle and his game was up.

He was a powerful man, but he was at war with himself.

Can I put on that long, black coat?

Every one of us is capable of murder.

That's why when we look in the mirror,

it's Bailey looking back at us.

The fella that I followed in the car...

he was an Englishman, too.

He was my mother's...

He was my mother's fiancé.

I, uh...

I woke up one Mother's Day morning

and there was blood all over her bed.

He beat her within an inch of her life.

So, I followed him.

All the way to his brother's house.

And I got a steel baseball bat.

I put him to hospital, where he died twice

on the way.

He never walked properly again.

Bailey's like him.

Just like him.

Take the rock.

What?

Take the rock.

Now come closer.

Okay.

And now...

try to hit me.

- Wait... - No, it's okay.

I... it's not... I'm not...

I mean, not really. It's just...

I think it's good for him, so...

-What? -What are you...

Could be an accident.

See?

I'm sorry.

It was my fault.

It was my fault.

I wasn't there.

Um...

-I wasn't there to protect her. -No, that's wrong.

No, listen, it was my fault.

I wasn't... I wasn't there to protect her.

She protected me her whole life,

and I wasn't there to stop him.

It's okay.

It's okay.

It's not your fault.

It's really not your fault, okay?

It's really not your fault.

You remind me of her.

She had integrity.

But you see, I think...

what you did, you had a lot of reason to do.

And I don't think Ian Bailey had...

I don't think he had this, uh...

much of a reason, you know?

And as much as we can forgive you,

I think we should...

be fair.

-No? -Yeah.

Uh...

He's...

He's...

He's n... he... he's...

He's not guilty.

Sorry.

Take off the coat.

I don't... Can we...

I want to put this away in the corner in the store room.

-Yeah? -Yeah.

-Now what do we do? -You okay?

Sit down.

I think we've all exorcised some demons.

We know that there's unknown male DNA.

We know that from the French forensic report.

We know that that's not Ian Bailey.

We know that Marie Farrell gave an affidavit,

naming another suspect.

And as far as we know, nobody has ever spoke to him.

They certainly haven't asked him for his DNA.

So, I don't know how we can take the responsibility...

of...

being definite in either yes or no.

I mean, if they would release the DNA they have publicly,

we could limit it.

The person might be from the Baltic,

he might be from the Balkans,

might be Chinese, Indian,

he could be French,

he could be English,

he could be Irish.

I mean, I'm not saying Ian Bailey is innocent,

but I am saying we can't come to a proper conclusion

because there hasn't been a proper investigation.

And there's only been an investigation on one island.

And in three square miles of an island.

So...

I think without a proper investigation,

we can't come to a conclusion.

We're a hung jury.

We send it back to them,

we ask them to do the investigation,

and we go home.

We go home.

Hello?

Okay.

Well?

I think we've reached our decision.

Ian Bailey, poet and journalist,

passed away today, the 21st of January at 12:00.

He was 66 years of age at the time of his death.

He died of natural causes.

Where will he be buried, Frank?

Uh, his body is in the custody of his sister, Kay.

Are you ready?

Yes. Thank you.

You want nobody there, not even yourself.

Let God be a witness.

This way.