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Jo! Jo! It's Dave Clark. He's hanged himself.

What? Is he dead?

That's all I know. Simon's gone to the hospital.

Call the court offices.

So, what happened?

He tore the hems off his shirts and plaited them.

- They didn't hold his weight. - Thank God! Is he conscious?

I believe so.

I'm sorry, Mrs Mills.

You know...

I felt I was letting everyone down.

Nobody's blaming you, Dave.

Things are getting worse for our troops in Iraq.

I want it to stop.

WOMAN: Ms Mills? Ms Mills?

Has the pressure of the trial sent Private Clark mad?

MAN: What is his real reason? Is he guilty?

WOMAN: Is he mentally unstable?

We don't want to make a statement.

Is he safe to continue?

The doctors want to keep him under observation.

Let's hope they're more observant than his guards!

He now wants to change his plea to guilty.

What is his state of mind?

- This is very good. - Why?

Did something else happen?

- He now says he's guilty. - Is he rational?

He's terribly conflicted about the situation in Basra. He feels responsible.

He is responsible.

Let's have the doctors back, find out his mental state.

If he wants to change his plea, he must be allowed to do so.

Not without questioning him.

- Whose side is our judge on? - That would be something to know.

Can I ask you about the Government's position on this trial?

Are they pulling against the Army?

I thought we agreed to get this over with as quickly as possible.

Have you asked the Secretary of State?

I'm a simple soldier.

Perhaps we should ask the attorney to tackle Deed.

I can't give you long. I've got a plane to catch.

Well, we'd hoped this could be in private.

WPC Lowy is for my protection.

Well, he's got nothing to fear from us, dear.

See if you can find us some tea, would you, please, Joan?

- No, Sir John. I'm sorry. - I keep forgetting. I'm sorry.

Ask Coop to...

She must cramp your style a bit.

She feels that while she's running errands for me I might be attacked.

There's been a massive increase in attacks on troops in Iraq, Sir John.

Not just from Sunnis but Shi'ites as well.

Private Clark's guilty plea might make our position more... honourable to all sides.

- Will it stop these attacks? - He has a right to change his plea.

The court has a duty to protect him both from himself and external influences.

It's our duty to save lives.

What if he's not guilty?

To deny him this choice does fly in the face of his civil liberty.

Not if he feels he's being emotionally blackmailed.

Meanwhile, more of our troops might be killed and injured.

You're looking to us for the answer

to a conundrum the British Government helped to create.

Our concern is for the greater good.

I doubt if the families of the victims or Private Clark

recognise the greater good, Ian, only the personal pain.

Private Clark can change his plea.

But first we must be convinced about his state of mind, supported by evidence,

not external pressures, expediency or political imperatives.

So tell me.

What...

What values do you bring to bear when making your decisions?

It depends on the circumstances.

As a general rule, I start from the principle

that the accused is legally innocent.

The prosecution has to overwhelm me with facts as to guilt.

Here, of course, I can't ignore the possible loss of life

that might follow our decision.

But will more people be killed if we decide this and less if we decide that?

So it's purely hypothetical.

People in Iraq are losing their lives. There's nothing hypothetical about that.

We can't compromise the principle of fairness and justice for everyone

because of what might happen.

If we do, what are they fighting for?

And if terrorists kill more British soldiers if you don't find him guilty?

We can't give in to terrorists.

Thousands of civilians have been killed by invading forces.

38,000 have died altogether.

Terrorism changes nothing.

The oppressed only exchange one set of shackles for another.

Society only changes when the individual changes.

You seem pretty certain.

You think I'm wrong?

I think you are in turmoil in case you are wrong and people die unnecessarily.

You have a lot of conflict

but you won't let your doubts surface.

Maybe. I don't know.

I'm sorry. Perhaps I shouldn't have said that.

It's not the conversation I was expecting to have with you on the way to the hotel.

- What conversation did you intend? - Learning more about you.

- How I might make love to you. - Oh...

That's very un-English.

- Have I shocked you? - Yes, you have.

Not because of that, but because you show... vulnerability.

That's surprising in one so powerful.

Well, why don't we walk around the block

and I will try to be more seductive and less vulnerable.

Vulnerability is seductive.

Then help me cultivate it.

I have to start very early.

(PHONE RINGS)

- Dr Pavely is not answering, sir. - Yeah, OK. Thank you.

We will ask some questions about your change of plea.

I want to go guilty, sir.

You run the risk of a very considerable sentence.

I'm not mad, sir.

Have you been advised to plead guilty?

Private Clark?

(SNIFFS)

I don't want to see any more killed.

They come alive when I'm asleep.

On the back of my eyelids,

when I close my eyes.

Who do you see?

The children I shot and killed.

And do you think that you'll send them away by pleading guilty?

I want it to stop... the attacks.

I need to be sure your defence team has properly advised you.

I shot those people. I've got to take the blame.

Is anyone putting pressure on you?

No, sir.

Has anyone talked to you,

or visited you in jail, apart from your defence team?

Only my sister and her boyfriend.

And did they talk to you about changing your plea?

Not really. Mark just told me what was happening in Basra.

How me mates are copping it bad, like.

A consequence of what you did?

Yes.

Is your sister's boyfriend connected with the Army?

A sergeant in my regiment, sir.

And did he blame you for what happened back in Basra?

I've got to show it's nothing to do with policy. It's down to me, sir.

Mrs Mills.

Did you know about this visit?

- I did not, Your Honour. - Do we need any more?

(INAUDIBLE)

Madame Mills, we will not encourage Private Clark to change his plea.

You must advise him to reconsider.

- Might I have an adjournment? - Until after lunch.

CLERK: La cour se leve.

Dave, someone accused of war crimes got life here on a plea.

And here that means life.

That wouldn't happen with Judge Deed on the trial panel.

More soldiers will die if I go on.

You can't take that responsibility on yourself.

- I can't stop thinking about them. - That doesn't mean you're to blame.

The Government shouldn't have sent you there.

Dave, you're trained to kill. Your response was appropriate.

The job is not done, sister.

He can't be the right judge.

He is too intelligent and aware.

They all condemned Islam.

He believes we should all peacefully co-exist.

Don't be deceived.

The judge must be punished, with the others. Just give him the box.

I just want my brothers back.

I will go to the authorities for help.

If you do, they'll disappear into a CIA torture prison.

You'll never see them again.

The strong find paradise.

Be strong, sister.

What do we know about Dr Pavely?

She's Belgian, graduated at Cologne University, has never practised,

and she uses a Post Office address.

With all your high-tech, that's it?

- Well, that could be significant, sir. - Meaning?

MI5 have picked up a rumour of an Islamic sleeper in the Hague.

That's ridiculous. I only want to send her flowers.

Corporal Jones, what did you do at the scene of the shooting?

Well, the first thing is to see if you can get out.

It was murder.

People crying out.

It's the smell that gets you first -

explosives, human defecation, burning flesh.

You can't forget, like.

There were about 20 bodies.

Some with terrible injuries.

People with arms and legs blown off, just screaming.

A woman with half her face gone,

a little... kid with no head.

I mean, you got no idea what it's like, I mean...

Dave got one bloke out, then went back in. He shouldn't have done that.

Sometimes there's booby traps, see?

That's how Charlie Annan copped it two weeks ago.

- Who did you find in the school? - Hostages.

Women and children.

Did Private Clark identify the hostages?

Your Honour, the prosecution is asking this witness to speculate

on what Private Clark saw.

She is exploring what the witness observed.

We don't have an impressionable jury.

Did Private Clark identify the hostages before opening fire?

No. This witness cannot assert what Private Clark saw.

That would be impermissible hearsay.

Very well. Were you able to identify these people?

Yes, women and children.

Was that before or after Private Clark shot them?

Well, I don't know, see.

Have you known women or children carry explosives?

No. No, I don't think so.

You were not present after the car bomb attack at Falah Hospital,

where blood-painted children subsequently carried explosives among soldiers?

Was Private Clark there too?

He was there.

So he knows that women and children can be used as human bombs?

He just kept firing at them.

Ignoring the rule that tells you if a situation is safe?

It's your own judgment, like.

- The individual soldier judges? - Unless a senior rank's present.

And you were the senior man?

No, not really. I didn't get my stripes till two weeks later.

Until after Clark was charged and you agreed to give evidence?

Are you implying this witness is part of a conspiracy?

Following worldwide condemnation, I'm suggesting

that a scapegoat was needed and Private Clark was it.

- He did do the shooting. - I believe I'm cross-examining.

Yes, continue, madame.

In training, Corporal, do you mock up situations

similar to that which you found yourselves in?

Bad Day In Baghdad, we call it.

You learn to take your time, weigh the pros and cons,

check with an officer before shooting?

You get a fraction of a second.

So if someone pops up,

you have to decide, A, is he or she armed?

B, dangerous? And, C, do I shoot?

You'd be dead if you took that long.

But on this occasion Private Clark did have the luxury of time?

It happened very fast.

Out of the smoke and dust, someone emerged with a Kalashnikov.

Women and children.

Who you knew weren't terrorists?

No. Not really.

Then why did the Army abandon him and try to get him to change his plea?

He killed all those people.

You're at war. Isn't that odd?

Well, yeah, a bit, like.

Madame Madsen, would you like to re-examine your witness?

Corporal, if I can go back to your statement.

You said, "I saw women and children."

Well, I'm...

I'm not sure now, see.

"We saw them but Clarky just opened up."

It was confusing.

"Private Clark made a conscious decision to shoot them."

No.

It happened so fast.

"People raised their hands but Clark went on shooting like a madman."

This is what you saw, isn't it?

- She's cross-examining her own witness! - To help to get the truth.

The truth has to be arrived at within a set of rules.

Rules may be adapted.

The rules of evidence exist to ensure the safety of information used in court.

Without them, she could get her information by hypnotism.

This is ridiculous, Your Honour!

- Extreme, Judge Deed. - No, it's logical.

We're examining whether the defendant adhered to a given set of rules

in a tense and dangerous situation.

We won't do that if we have a free-for-all in here.

The prosecution will respect Judge Deed's wishes.

They're rules - not my wishes.

Try not to cross-examine the witness as you seek for the truth.

Corporal, how do you feel about going to war in Iraq?

I'm a professional soldier.

- Killing innocent civilians. - JO: Your Honour.

It is relevant to the defendant's state of mind.

- Only the defendant can tell us that. - No! The witness may answer.

Corporal, do you share the world's revulsion

at your country's aggression towards Iraq?

- No, no, no. - I must be allowed to continue.

- You can't go there. - Yes. Answer the question.

- Be silent, or held in contempt. - Your Honour!

We will recess for 15 minutes.

CLERK: La cour se leve.

In Rome, we do as the Romans. Our approach is different.

Not that different.

Here we can admit evidence obtained in violation of the Statutes of Rome

or even in violation of the principles of Human Rights Law.

For it to be condemned as inadmissible, it must be substantially unreliable.

Under English Common Law we play tightly by the rules, for a very clear purpose.

- I see no rules broken. - The prosecution is being provocative.

She's making political points and you're letting her.

- Please don't make this personal. - Between you and me, or you and her?

- Or isn't there any difference? - Your meaning?

Your feelings are quite plain.

- Should I leave? - Madame Madsen is committed to the truth.

We're not here in this court to excuse the English their contentious war.

No, nor for their staying in Iraq. I quite agree.

The compass of war crimes is wide.

Convictions can indirectly implicate

the nation on whose behalf the perpetrators act.

We are trying one individual response in a war situation.

The English are no longer an imperial power

who can dispose of the Iraqis as they see fit.

We might consider Private Clark as much a victim as the Iraqis.

He will not avoid personal responsibility.

He's a mercenary, paid to fight for British imperialism.

Is not the difference between him and a Muslim bomber just lack of belief?

Claude.

We would be appealed.

Deed is cowardly, hiding behind rules to protect his country.

- No argument there. - He'd never hide behind rules.

- Not to protect Britain in this war. - Then he's protecting you.

If you had a little more law and a little less emotion, you might be more effective.

We'll see how effective.

(TINNY CLASSICAL MUSIC PLAYS)

Puccini. So full of passion.

How can the English appreciate such music?

I can't. It just washes straight over me.

Your country is going to be shown up for its cowardly actions.

I daresay our Government will be whacked at the ballot box.

Meanwhile, Private Clark will get what's fair in this court.

We should bring your Government here and try it.

- You should be in politics, Marie. - Law is politics.

People must behave according to the rules made by legislators.

- Then you start playing by them. - (CHUCKLES)

We are still friends, even if we're on opposite sides.

We're not on opposite sides.

- You're helping Mrs Mills. - I'm not.

You're forcing me to get evidence for her from Iraq.

I want you to get at the truth.

Of course.

- We can have dinner? - I'd fear the honey trap.

- Then I take it back. - (KNOCK ON DOOR)

Judge, your taxi's here.

You are cowardly!

Well, she doesn't mince her words.

I still can't agree with your position on releasing this BNP man.

But I'm not going to let a bunch of religious fanatics intimidate me.

They're not trying to intimidate us, John.

- They're threatening to kill us. - Any crank can leave a note.

Was anyone caught on the security camera?

Too many people were.

We should just round the whole lot up and send them home.

Monty...

- Are we agreed on our statement? - Oh, yes. No retreat.

Will your lot release it, Ian?

I'll get it right off to Reuters.

Thank you, Ian. We'll await the explosion.

You know, you'll have to excuse me.

I... I have another appointment.

Did we hit him? Stop the car.

He hit us. Keep driving!

Did you hear what I said? Stop!

Please! Sir Joseph, let me.

- Where's your bodyguard? - I lost her. Why?

A suicide bomber tried to kill Sir Joseph.

What happened?

Well, he was cut by a flying belt buckle. He could have been dead.

I've been given strict instructions

not to let you into your hotel room till the police check it.

- It's all clear, Sir John. - What about getting to court?

- The Dutch police will escort you. - Are they any more fun than you are?

- I try to do my job, sir. - I won't live in a security bubble.

- They almost killed Sir Joseph. - Well, he made quite light of it.

- Joan's only thinking of your safety. - I know. I'm sorry.

JO: I'm a friend of the judge...

- John! Are you all right? - Yes, I'm fine.

It's all right, she's a friend.

I'll have to strip search you.

- Are you taking this seriously? - Yeah, sure I am. Scout's honour.

I want you to dump your Radical Lawyers For... whatever.

- For Justice. - Yeah.

- You could be a judge. - Oh, yeah? On your say-so?

You'd be far happier.

- Did you sell your soul? - I'm serious.

They're honourable and decent and passionate about justice.

All right, a little naive. That used to be you.

They're trying to turn society upside down.

They're using Judicial Review to pit the judges against Parliament.

John, are you jealous of what they're doing?

You are! You want to be on our side. It's your sort of fight.

Where will you be in five years' time if you stick with this lot?

You'll be a burnt-out wreck.

- Yes, having done what's important. - You could do that in the High Court.

I'm going.

I've got to meet my Radical Lawyers for Lesbian Nurses Against Vivisection.

It's stupid to throw your career away. I will hook you out of that set.

I'm serious.

Following the shooting incident, Sergeant Brightling,

you conducted an investigation?

Into the background of the victims. Men, women, children.

- 11 in number. - For what purpose?

Terrorist connections.

- Were there terrorists? - No connections found.

None.

- JO: Can this be real? - It was leaked from the Foreign Office.

We have got them, Jo. We'll kill the Government.

- Who leaked it and why? - It doesn't matter.

Madame Mills?

How many children have you known to be card-carrying terrorists?

Doesn't work like that.

Association is by parents or older brothers.

Then the answer is none?

They're influenced by older family members.

You found no-one who was politically active in the victims' families?

It's hard to get information in Basra.

Wasn't the older brother of one of the victims shot by the Iraqi police force?

He wasn't a terrorist.

- Guns were found in his car. - The whole city has guns.

What is your definition of a terrorist, Sergeant?

People using violence to impede progress towards democracy.

- Not guns in the boot of a car? - Not necessarily, Your Honour.

The owners of Kalashnikovs don't use them to dig potatoes!

Madame will confine herself to questions.

Following the shootings, the Army said the victims were terrorists.

- Affirmative. - Because two of them

were seen carrying machine guns.

Affirmative.

But subsequently said they weren't.

Weren't terrorists.

But were carrying machine guns.

They had picked them up.

- To dig potatoes, presumably. - They weren't terrorists.

Two men with Kalashnikovs come out of a smoke- and dust-filled room

where hostages were held.

Is there some way a young soldier can distinguish purpose

in a fraction of a second?

Only through judgment.

Ah, it's the judgment of the soldier in the situation

to decide whether to respond and how?

Yes.

Then why did the Army put out a statement following the shooting

saying that terrorists were involved, only to retract it?

Investigation showed none were.

So, the Army had the benefit of an investigation,

Private Clark had a fraction of a second.

The two men with Kalashnikovs,

according to the subsequently promoted Corporal Jones,

were prodding the others.

- He later said he was mistaken. - Only after he got promoted.

The British Army conspired to hide the fact that terrorists were involved?

We haven't identified the sender of the Army's statement.

Perhaps the prosecution could help.

We can't, Your Honour.

How do you feel about what happened to Private Clark?

He made a wrong judgment.

He shouldn't have had his gun on automatic.

He had only a split second to decide before possibly being shot

and leaving his comrades open to being massacred.

Wasn't it, in fact, a very reasonable judgment?

Can't say.

Sergeant Brightling, why is the Army abandoning Private Clark?

You'll have to ask someone else.

The someone who told you to visit Private Clark in prison

and persuade him to plead guilty?

I don't know about that.

Well, then, perhaps the Secretary of State for Defence will.

Might we hope you will call him?

Oh, we are issuing a witness summons.

Very well.

All I want is fairness.

Deed's affair with the defence leader is preventing that.

The rules of evidence and procedure were not formulated to deal with Judge Deed.

Rule 30 gives you responsibility for misconduct.

Claude, come on.

I will deal with Madame Mills.

- Great legs, eh? - Magnifique.

Excusez-moi, monsieur.

I'm afraid it's clear from this e-mail that you're being sacrificed.

No. They wouldn't do that.

This Government is doing a deal with terrorists to get the Army out of Iraq.

- It doesn't quite say that. - Read between the lines, Jo.

That gun was pointing at me.

I went off like I was trained. That's the truth. I swear.

Nothing beats the truth.

Except the other side lying. We have to leak this to the press.

Absolutely not. Yes, we may get mileage from damaging our Government.

But if they are doing a deal with Shi'ite militia,

that puts British soldiers in danger from Sunni terrorists.

Judge Previn wants to see you.

Je regrette, madame.

On advice...

from the English Bar Council,

I must ask you to withdraw.

I have done nothing wrong.

Your conduct over the briefing of the press is a contempt.

Such matters bring the court into disrepute.

This deeply prejudices my client.

No, madame. Your behaviour does.

- (POLICEMAN CALLS OUT) - I want to see Judge Deed.

Be careful, Mrs Mills. They're on high alert.

- I might just kill him. - Judge!

Mrs Mills - she's likely to get herself shot.

It's all right. She's a friend.

I don't feel very friendly.

What happened?

Judge Previn has suspended me over that press briefing.

- I can no longer act for Private Clark. - That's not constitutional.

Is this your doing, to hook me away from that set?

You know better.

I think Simon's going to brief the press again...

on a leaked e-mail about the Government's exit strategy.

Stop him!

We cannot lift the suspension.

You're prejudicing the defence.

- We need transparency, monsieur. - We need fairness and justice.

Even in France that's an objective, surely?

This is going to look like prejudice.

Do you really want to risk that in such an important trial?

- You ran away. - I had to go to London.

- I tried to call you. - You must think me odd.

Do you want to have dinner?

- No, not tonight. - OK.

I am free tomorrow evening.

Well, I'll check my diary, then.

Take the other lift.

He's a terrible picker at times.

Are they playing games?

Who cares, Jo? This second leak from the Foreign Office

actually names the Shi'ite faction the Government is negotiating with.

How does that help with the Defence Minister refusing to respond?

- We need to call a press conference. - No, we've got to be cleverer than that.

That won't help Private Clark. Peter, your thoughts.

Er... leak it to the press?

I want whoever's leaking found and gutted. The renegade!

Is it true? This being part of the PM's exit strategy?

We all want to get out of Iraq.

Yes, with honour.

We'd hardly do business with Shi'ite terrorists.

It looks like my trying to get Private Clark to plead guilty

was part of that strategy.

Then you answer my witness summons and disabuse them.

I'd like to court to know that

The Secretary of State for Defence is refusing to answer his summons.

- We have no power to compel him. - He's essential to our defence.

Why, at this late stage?

We received information about a conspiracy against my client.

In chambers, if you please.

CLERK: La cour se leve.

- Anyone can send such e-mails. - From the Foreign Office?

It wouldn't be admitted in an English court.

I don't want it admitted. I want to question the Minister.

More cheap publicity.

I suggest we summon again Monsieur Griffin.

In the meantime, may we continue?

At what point did you realise some of the hostages were armed?

The first one who came out had a Kalashnikov. He brought it up.

Did you see his face?

Only the gun. Our training's weapon, person, action.

You didn't order him to put the weapon down?

All you see is someone raising a gun.

They'd just bombed the school,

they walked a suicide bomber into some of our lot what went to help.

The situation was life-threatening. I had to shoot.

We've subsequently been told that they weren't terrorists.

Whoever said that weren't there. They can't say that.

- Why are you convinced they were? - By the way they handled their weapons.

Hostages don't pick up guns terrorists throw away.

They're not that stupid.

Terrorists don't throw down their guns. These people were going to shoot me.

They put kiddies' lives at risk along with everyone else's...

and what for?

They're fanatics who aren't doing anyone any good.

Private Clark, why isn't the Army supporting you in your actions?

I'm a good soldier.

I am.

Ask anyone.

I didn't have to be in Iraq. I could've skived off sick.

Why did you go back?

Well, it's like family.

Your mates and that.

They're in danger.

You want to be there.

We thought we were helping Iraqis.

We thought they wanted our help.

Thank you, Private Clark.

You like killing people?

No, I don't.

It goes with the job, Miss.

You've... killed more than most.

Well, it was them or me.

I ask you again,

do you enjoy killing?

It's sickening.

It makes you sexually excited.

No. That's stupid.

Sick, not stupid.

Do you get sexually aroused by killing?

No, I don't.

- I have your medical records. - Your Honour, how were these obtained?

Private Clark's records are covered by the principles of confidentiality.

The defence wasn't able to obtain these records.

C'est le jeux de hasard. How you say? Luck of the draw.

The prosecuting authorities are bound to disclose to the defence

all material evidence.

- Why was this not disclosed? - We just received it today.

- From whom? - The Ministry of Defence.

Had you requested it?

Yes. At pre-trial.

A year ago?

And they arrive today, when the defence has summoned the Secretary of State?

Yes, I see.

Make this report available to the defence.

I think there is significant gain from the document without prejudicing the defence.

Do you want more time, madame?

Do you recognise this as yours?

That's my details.

Look at the summary of Dr Kevin Conway, the psychologist who examined you.

Page three.

"There is a heightened sense of excitement, mostly sexual,

"whenever killing is discussed."

- Are you calling Dr Conway? - No. He isn't necessary.

- But we can't interpret his findings. - You wanted a shortened trial time.

The court can accept them at their face value.

Your Honour. Private Clark, is the psychologist wrong?

It's not me he's talking about.

Did you not apply to transfer to the SAS after joining the Army?

Yeah, when I was 21.

They rejected you because you were too violent.

No. It was because I wouldn't kill a rabbit.

I wouldn't.

They make you look after it, clean it and feed it.

Then they make you kill it and eat it.

I wouldn't.

The sergeant ordered me.

- I couldn't. - Instead, you tried to kill the sergeant.

- I wouldn't kill that rabbit. - Instead, you tried to kill a person.

Madame Mills?

What did you feel about that rabbit?

- It wasn't doing any harm. - Could you have killed it, ever?

It was like a pet.

Where are all the Dutch police today?

Joan can't do everything.

I'm sure she's a match for any terrorist.

This came by special courier.

- Didn't anybody check it? - It's from the Anti-Terrorist Squad.

I've got to look at tapes of the protesters outside the Royal Courts.

For what reason?

We're following the rumour that there's someone here looking for you.

I don't know how she's supposed to look at the tapes and look after you, Judge.

Superwoman, me.

- Gosh, Joan, a sense of humour! - She needs one doing her job.

Well, I'll be here for three hours. You can look at your sexy videos.

Yes. Room 414, please. Dr Pavely.

(PHONE RINGS)

- Hello. - Have you had a good day?

Not really. Have you?

Hmm. I'll tell you about it at dinner?

I'm not sure if I should see you.

It seems like a good idea to me. Seven o'clock?

It's dinner, in the hotel!

She promised to get me back by 9.30.

- I must go with you, sir. - It's why she's here, Judge.

Oh, have an evening in with your video tapes.

- Stop. - No, it's all right. It's all right.

Oh, are those for me?

What else could I bring a man of your stature?

- It's silly... - The best chocolate in the world.

- With coffee... after. - OK.

I don't know how you stay awake.

With difficulty.

The Judge really should let you have someone to help.

He says if we do that then the terrorists have won.

Oh, my God! It's her.

- Is it her? - I've got to warn him.

You'd better be sure, Joan.

Don't you ever get scared, with all your power?

What power, really?

You tell the Government what to do, you dismiss whole cultures.

You've been reading the wrong mail.

You dismissed Islam when you freed the National Front man.

No.

I failed to persuade my fellow judges he should stay in jail.

My father said real power is when you don't abuse it.

Well... you only have my word.

No. I know your soul.

You know a man's soul the moment he enters you.

Too often you find yourself making excuses for him.

It's only very rare

that you don't have to.

I'm not who you think I am.

Make love to me like it is our last time ever.

I'm not saying that you shouldn't.

- Well, you know him, Coop. - That's the problem.

I don't care. He can sack me.

(KNOCK ON DOOR)

Is that it?

- Did you have this enhanced? - No, Sir John.

If you tried to convict anybody in my court on evidence like that,

I'd have you thrown in jail.

- But, Sir John, it's her! - It is!

You think it's her. Was there anything else?

Good.

I thought you said that was the last time.

It seems that Britain's Secretary of State for Defence

won't make himself available to answer questions on the Army's role in Iraq.

Quel dommage.

There are a lot of questions we might have asked him.

Is there no-one else?

- Call his PPS. Anyone. Get someone. - There is no-one.

General Waters might be useful.

Madame Mills, would you like to examine General Waters?

Major General Waters, are you an experienced field officer?

You have my record.

- Answer the question, please. - I did.

- Did you understand the question? - Yes.

So the answer is...?

- Yes, I am an experienced field officer. - Thank you, General.

You fought in the first Gulf War

and, as an 18-year-old infantryman, landed in the Falklands.

Yes, I had that privilege.

You were decorated in both campaigns.

- Well, everyone was. - Not everyone was awarded the DCM.

Not at 18, anyway.

I was foolhardy.

You rushed a machine-gun escarpment, killing the six-man crew,

saving the lives of many British soldiers who were under relentless fire.

Yes, foolhardy.

You got your DSO in the Gulf War, wiping out an entire Iraqi platoon.

19 men, on that occasion.

Yes, I was lucky.

Were there any civilians among the soldiers you machine-gunned?

- No, of course not. - Perhaps being held hostage?

There weren't any.

Had there been, faced with overwhelming numbers,

would you have had time to distinguish them from the soldiers,

even if some of them had been children?

- None were. I was lucky. - You didn't answer the question.

You judge the situation.

- In a fraction of a second? - Yes. Almost always a split second.

- As Private Clark did. - Yes.

Then in your opinion,

is Private Clark being accused

not because he responded to save lives, but because he's unlucky?

Luck plays a part in all actions.

Have you seen footage taken on a mobile phone

and subsequently shown on Al Jazeera television?

Dozens of times.

What would have been the process, had that footage not been released to the world?

Well, it's impossible to say.

General, there would have been a process.

An internal inquiry is normal.

What's the Army's view of Private Clark?

He's a very efficient young soldier. Very brave.

Did that view change under pressure from the MoD?

I can't say.

Does the Army consider Private Clark mentally unstable?

- He was fit for duty. - He shot and killed 11 people.

Conditions on the ground were so bad,

soldiers were going out on patrol while mentally and physically exhausted.

Did the MoD know this?

There is a view that they were being reckless

with the lives of British soldiers, and Iraqis too.

The situation was highly volatile.

Let's look at that volatile situation.

(MACHINE-GUN FIRE)

(SIRENS BLARE)

(HIGH-PITCHED SCREAMS)

Isn't how Private Clark responded in that volatile situation

entirely appropriate to the dangers, as he saw them?

In my view, yes,

entirely appropriate.

Then why has the Army abandoned this loyal, hard-working soldier

who saw you all just as his family?

I can't say.

Isn't it true that Private Clark has been dumped

by the British Army and the Government as part of their exit strategy?

- The Army has no such strategy. - And the Government?

The Army has no such strategy.

Can you look this soldier in the eyes

and tell him he hasn't been abandoned as part of ongoing negotiations

with the radical cleric Hussain de-Raqmann

to take over control of the region

and so shut out rival militias supported by Iran?

No.

No, I can't tell him that.

We must find a way of getting your Government Minister here.

- We're not trying the British Government. - The world is, John.

This court is about individual responsibility.

It indicts people who, allegedly, have done terrible things to other people.

This is what your Government has done!

Then take your indictment of them to the International Court of Justice.

Put the UK in the dock, like Israel or Serbia.

This case is about one frightened young soldier.

Undeniably, he shot and killed 11 people.

As a soldier responding to a life-threatening situation.

Look, the weight of the prosecution argument

has been about the big picture in Iraq.

Now, as much as we may wish to put Clark in the place of others

that we feel responsible for an international disaster, we can't.

Thank you for the general.

You were lucky he's a soldier, not a politician.

This is the sort of work you were made for. Can I buy you a coffee?

Um... no. I'm going to meet someone. I'm going to meet a woman.

- Do I care? - Jo...

Sir John! The Americans have identified Dr Pavely.

They're holding her two brothers in Afghanistan.

What?!

Hi. 312, please.

- Dr Pavely left this for you. - Thank you.

PAVELY: I'm sorry. I will never hurt more than I do now.

Did she check out?

No, Sir John. Dr Pavely is in your room still.

Sir?

(EXPLOSION)

(SIRENS BLARE)

Where is he?

Thank you.

It makes no sense.

None of it makes any sense.

Is there no end to the madness of these fanatics?

- We should delay. - No. We can't keep Private Clark waiting.

Well, thanks to your Government, this could have happened to any one of us.

This isn't about Iraq, Claude.

This is entirely about Iraq, monsieur.

CLERK: La cour se leve.

The decision of this court is unanimous. And in the circumstances,

I think it most appropriate that Judge Deed deliver the verdict.

It is clear...

that on this day in Basra,

following the murder by terrorists of citizens of Iraq

and colleagues from his own unit,

David Clark embarked upon an action

that took the lives of 11 more innocent people.

It was an utter tragedy.

Four were children -

young children who will never grow up to see a new Iraq.

We note Clark's battle orders,

the conditions in Basra,

the stress he was under

and the brutal attack to which he had to respond.

A good deal of responsibility for that appalling environment

may be due to the political masters

who sent him to that country to do their work.

We are not called upon to express any view

on the legitimacy of the actions of his superiors

or the legality of the UK engagement in Iraq.

David Clark, stand up, please.

We are trying you, David Clark, on what you did and what you believed.

In your case, we are not convinced of your guilt as a war criminal.

We therefore find you not guilty of war crimes. You are free to go.

CLERK: La cour se leve.

John?

I, um... I just wanted to say...

Well...

The judges were more open-minded than I thought they would be.

Can I buy you that coffee?

I've been such a fool.

You have your moments.

Judge?

WPC Lowy just called.

Forensics worked out...

They think she was disconnecting, or trying to disconnect the bomb,

when it went off.

I think you could do with something stronger than coffee.

Thanks, Coop.