Kavanagh QC (1995) s04e03 Episode Script

Briefs Trooping Gaily

1 (Babble of women's voices) The rich attorney was good as his word The briefs came trooping gaily (Sings along to tape) I And everyday my voice was heard At Sessions or Ancient Bailey All thieves who could my fees aff .
.
relied on my (Rewinds) The rich attorney was good as his word The briefs came trooping gaily! And every day my voice was heard Trooping Trooping gaily (Vomiting) (Door slams) - Hello? ALDERMARTEN: He//o7 Look this is Emma.
I can't make it to Essex.
Yeah.
Coffee? Get out! Sod off! You have to be there.
- Emma? - Oh God Where's the brief? Tom'll send it to Chelmsford Crown Count.
? Silks don't do application to fix dates of trial.
I don't.
I won't.
(Line goes dead) Emma? Emma! (Footsteps on stairs) (Ringing tone) (Door slams) (Groans) (Answerphone beeps) Emma Taylor at 8:30.
Look, Tom, I can't make it.
I'll never get all the way to Chelmsford in time.
Tell Mr Kavanagh I'll be on for Penfield Prison later.
but certainly not Chelmsford.
And Oh, God.
Gary get back on your bike.
(Phone rings) .
.
essing when you are assessing The damages Edwin must pay (Phone rings) Yes? No, no, no, no.
Tom, I'll have to do it.
If one of us doesn't go to Chelmsford then the CPS will give it to somebody else, won't they? - You'll have to get the instructions to me.
- AH right.
They?! be at reception.
(Honks horn) - Oh come on' Hello? They're at recep They'll be at I'll do it as a favour to Chambers.
You remember that, Tom, it's not a job for a silk and it's all v-v-v-v-v-v boring, mark you me.
You ask for guidance This is my reply (Sings along to tape) He says when tipsy He would thrash and kick her (Distant shouting and banging) (Whistles) This is Chelmsford Crown Court, you know, not Chelmsford Public Library.
What the blue blazes do you think you're doing? Padsey, morning.
Something not to your liking? You are not to my liking, sir.
And these are defence instructions.
With part of my client's proof of evidence in them.
Out to get old Algie Padsey, are you? Have to get up early in the day for that.
No.
no.
no.
Good Lord.
no.
No.
genuine mistake.
I'm so sorry.
You will be, sir, you will be.
You see that? You, Rogers? You see that? This will not rest here, sir.
(Burps) Sorry.
Heavy night, I suppose.
I mean, I suppose it was.
It was something.
Yeah.
You got here, though.
Didn't get to Chelmsford, though.
Or you'd still be sitting in traffic trying to get back.
Where Jeremy is? Bound to be.
He won't be pleased.
MAN: Mrs Stunner.
this is Mr Kavanagh.
Your barrister.
This is Emma Taylor, who's helping me.
Are you all right? Yes.
Do you wanna smoke? I won't.
- Go on, take the pack.
- No! No.
Mrs Sturmer, can I call you Elaine? Thank you.
You are charged with the murder of your husband.
I did do it.
No.
No, no, you killed him.
But you didn't murder him.
There is a difference between murder and manslaughter.
Your solicitor has this list of our witnesses.
I've read all I can.
but I'd like to go through it with you carefully.
EMMA".
Are you sure you're all right? Has she seen a doctor? Everybody, yes.
And all the usual agencies.
She won't talk to any of the people that help.
you know.
Do you want to go on? Yes.
Please.
Good.
These are people who can testify to your husbands treatment of you in the years before you killed him.
I don't have to use them all, but can I know what you think of them? - There's your mother.
- Oh, no, not her.
No? Why not? She wouldn't have a word said against Paul ever, not one word.
Well, didn't she know he battered you? She wouldn't have it - no matter what I told her.
TOM: Well.
you won't want one of my silks for that No, he's part heard.
No way.
I can let you have Emma Taylor.
Glad to hear it.
We think so too.
Thanks a bunch, Benjy.
Do the same for you one day if I can't help it.
(Phone rings) Yep? No, Mr Aldermarten, I told you that the brief would be at reception, courtesy of the safe hands of Gary and Yamaha.
- Thrashing were you? - Hmm? Last night.
That's what you're called, isn't it? Your band.
Thrash? Right.
Isn't it awful? Murder.
Killing? Yeah.
What do you mean? - The photos? The accusations? - The whole thing of it.
You must have seen dozens.
Yes, I have.
This is the worst kind.
Two people who once wanted to live together more than anything else in the world.
Living together is the thing, isn't it? It's not fear, not brute power, not beating or goading into submission.
Until one of them finishes it by killing the other.
Awful? Yeah.
Yes, I understand that perfectly.
Can I go now, please? You do blush rather prettily when torn off a strip.
Yes, go now, by all means.
Don't slam the door! (Mutters) I didn't mean to, you unctuous turd.
(Knock at door) James? What can I do for you, Jeremy? - Glad to have caught you.
- Have you? Shall I put you down for two? Fetter Lane.
Magistrate's Count.
Eh? Shall I put you down for two tickets? Trial By Jury? Oh, that.
No fear.
Oh, do come.
It's a good cause.
Which? Well, it's something or other.
It's always worthwhile.
Homeless or or something.
Er people - I'd rather send a cheque, thank you.
- In need Um distressed lawyers.
Oh, come on, you'll regret it.
I'm going to be brilliant.
Yes, I'm sure.
But it's not my cup of tea.
Wasn't last year, or the year before.
Why don't you do something different? Such as? Oh, I don't know.
Anything.
What you like.
Some of us find the real world enough to cope with.
What about Jesus Christ Superstar? You'd get to be God.
Oh, it's in aid of lifebelts.
Boats.
Should be dear to your heart, James.
Does your boat still float? That's James Kavanagh QC.
He's in our Chambers.
Resident man of the people.
Ladies, gentlemen, can we set the chairs, please? Thank you.
Chairs.
This is our Head of Chambers.
Did you ever meet? No, no.
- Peter Foxcott, Angela Beddoes.
- How do you do? She's an old, dear friend of Lizzie's.
At school and er for ever after, I think.
Yes? Yes, Lizzie and I went to school together.
- I defended her brother as well.
- Yes Cathy Winslow? - Do you know her? - Heard good things.
Are you trying to poach her? We're an internal sexual harassment embarrassment at Scotland Yard.
The appeal.
Delighted to have met you.
I thought you'd got the day wrong.
Not enough time to get from the station.
I'm sorry.
No, no.
You could've just given up.
Er I didn't get any wine, um Yes.
Good.
Please.
- Er their white, yeah? - Yes.
Well Father's dead and Thank you for your letter.
He went quite brilliantly.
- Oh? - And typically.
A paroxysm of rage at a christening.
The names.
He hadn't thought to ask before.
Oh, dear.
It was always going to happen.
So how are you? Lizzie gone? Yes.
- Do you want to? - I er I found myself putting out a a bowl for her breakfast as well as me.
I don't ever remember doing that when she was alive.
I must've done.
Seems such a long time ago.
And it shouldn't.
What do you think? It seems what it seems, I suppose.
It must be endured.
Time I think.
So, what are you up for, shopping? Patronising bastard.
- Well, what? - London Library.
For something I'm writing.
So, when are you down our rural way again? And that was on the er 4th of June of last year.
When Paul Sturmer, the deceased, was the subject of er a complaint by his wife that he assaulted her, causing actual bodily harm.
A complaint she subsequently withdrew.
Please! I I want to say something.
No, no.
Mrs Sturmer, please sit down.
You can't address the count.
? You have counsel to do that for you.
I'm most grateful, my lord.
I'm guilty! I did it and I'm sorry! - My lord.
- I did mean it! I did! Now, now, Mrs Sturmer.
My client must be removed, my lord.
Yes, but she has to understand if she goes, she'd be tried in absentia.
Elaine Sturmer, do you wish the indictment to be put again? - And what does that mean? - My lord! Your plea was not guilty to murder.
And do you now say guilty? KAVANAGH: This is too much.
-' Can We not at {east have the jury out? This, I most respectfully suggest.
Is prejudicing my client.
The jury - get them out.
Yes.
Do you wish to talk to your client, Mr Kavanagh? I do, my lord, and er I'm grateful.
Very grateful indeed.
My lord.
I do apologise.
No need, Mr Kavanagh.
I'm sure you'd no notion this would happen.
None whatsoever.
Your Lordship is indulgent.
You will want time to talk to your client and make sure she knows exactly what this would mean, should she no longer plead not guilty.
This is a most serious step for her to take.
To which end I'd like to see both counsel.
Mr Brown.
CLERK: Court rise.
Did she give you a him? You saw her at lunchtime.
No, she didn't say anything.
But I'm certain she's unwell.
She's been looking very queer ever since she went on remand.
Not just ill, queer.
Odd.
I could ask that.
No.
No, you can't.
Now.
ladies and gentlemen, if I could ask you to start making your way back to your seats I could, but I would rather not.
A superintendent with 20 years' service.
Commendations galore, intelligent, an asset to the force, smoothes the knee of a flighty No, no, no, clutches.
- She's flighty.
- Oh, yes, but Believe me.
Perhaps.
But one can't say I can.
And I can ask her why she was wearing what she was wearing.
You perhaps shouldn't.
I do apologise for my outburst.
I might well have been minded to instruct the jury to choose a foreman then and there and bring in a verdict of guilty.
There is no better evidence of your client's guilt than her admission in court.
I am aware of that, my lord.
I am also aware of your kindness.
(Brown clears throat) CATHY".
Why do you dress so provocatively? - I don't know what you mean.
- Yes, you do.
Well, you can't say that.
We both know how we do it.
Do you own that outfit? Or did you borrow it? Buy it? Actually it doesn't suit you - your character or your figure.
As much as, say, a micro mini might.
Does.
Did that day.
Does it? I And now if you please he's ready to try I This breach of promise of marriage I For now I'm a judge I And a good judge too I Yes, now I'm a judge I And a good judge too I Though all my law be fudge yet I'll never, never budge But I'll live and die a judge And a good judge too (Keys jangle as door is locked) I killed Paul.
I must make it right.
It can't ever be right, Elaine.
No, that's what I say.
What your husband did wasn't right.
No.
And he's dead for it.
Talk to Mr Kavanagh.
SOLICITOR: You must Elaine.
Paul is dead.
I meant to kill him and I did.
In my book, that's murder.
Isn't it in yours? Not in cases of provocation.
What do you know? Have you killed anybody? Have you, any of you? They haven't, I know they haven't.
Elaine What happens in count in the next few days or what I say on your behalf, and whether you listen to me about whether you should plead guilty or not, could decide the whole of your life.
That is fact.
You're a young woman with a longer life ahead of you than you've lived already.
And I want you to live it outside prison.
Everything stops being quite so bad after a while.
I mean, the sharpness goes, it does.
I do know.
I don't wanna go over it.
One after another coming up and saying their piece.
I'm sorry.
I want straight out to say I killed my husband because I hated him.
And because he didn't deserve to live.
You've got to deserve to live, you've got to.
I know you don't want raking over it.
But a court is where we do rake.
And I can do it better if you plead not guilty.
I can call more witnesses.
I don't want all that.
Her, Mum - She's doing her best to und - You don't know her, I'm sorry.
- And you don't either, I'm sorry.
- No.
No, I don't know her.
What Paul did to me was foul and bestial.
Do you know what that means? I do.
Like a beast and it doesn't bear telling.
What I did to him was the same.
I'm proud to have stuck the knife in and turned it when it was in.
I turned it.
I'll not grub for excuses.
I think you're brave, intelligent.
But I don't want to see in you what We seen in some.
Awareness when it's too late.
The sentence handed down, the case lost.
That rush of realization.
Oh, I'm sorry.
Listen to me, Elaine.
You are the only important person.
To yourself, to us.
No more sows.
Just here on the corner, thanks.
- Is it gonna be all right? - What? Elaine Sturmer bursting out like that in court.
Is it going to be all right? Well, I don't know, Emma.
- Do you live alone? - Yeah.
Yeah.
See you.
Emma.
Don't think about it too much, not yet.
Leave that to me.
Your time to risk letting it all get on top of you will come soon enough.
ALDERMARTEN: You know I wouldn't do a thing like that - look at an opposing brief.
What did you reply to the first letter you had from the Professional Conduct Committee? I explained at once, of course, but - They've not accepted it, Jeremy.
- It appears not.
- Hauled up, then? - That's what it says, yes.
Oh, Lord.
Peter, you wanted to see me? It's Jeremy.
Is it? I see.
Well what? Oh, it's so bloody silly.
They say I looked at defence instructions.
Who says? The damn defence counsel.
That pillock, Padsey.
He ought to know.
He catch you? Catch me? Catch me? I'm not a criminal.
- What on earth did you do it for? - I didn't.
I thought it was the brief Tom sent me.
Would I look at instructions for a piffling application to fix? I mean, what for? It won't come to anything, surely? Well, what's this, then, if it won't come to anything? Jeremy, it has come.
FOXCOTT: It does rather look like it.
Doesn't it? I wonder, James, would you? I'm sure Jeremy would be grateful.
Oh, yes, yes.
You want me to represent him at the tribunal? I see, er I have got other things on my mind.
You may not know this, Peter, it's not generally known.
James doesn't like me all that much.
It's well known he doesn't like you at all.
All the better.
If he can find exoneration, it'll be the more potent.
Could you? - What? - Find any? Unlikely.
- I'm sorry.
- These things reflect on a set.
Are you angry, Peter? I think I might be.
I wouldn't want that for the world.
Well, you've got it.
TOM: I dunno.
It's been so long since we've had a bad apple in our set, know what I mean? I could hardly remember.
Now, you.
Villains in your Chambers? Mmm.
Well, then perhaps you can tell me, is he off the road automatic or hot? Ah But he won't get many briefs give him, will he? Not until he's been up before the PCC.
GARY: What's the PCC? TOM: Cheers.
Tom, what's so wrong with looking at a brief? Never do it.
Never, never.
Defence can mostly see the prosecution's case.
But never, never can prosecution see what the defence has up its sleeve.
Might have something brilliant, right? Some brilliant or whatever.
And the PCC is a Professional Conduct Committee and it can have your bollocks.
So, how, do you still wanna join the ranks of the hairy, wary and briefless? You're very foolish.
When I was a pupil, I was told, "Never, never listen in to the clerks in their room.
You might hear something you won't like.
" You have done, haven't you? Yes, I have.
It was salutary.
Well, what can I do for you, Jeremy? It's just that I have a lot on my mind at the moment.
That it should come to this.
What? I need help, James.
Well, ask some of your toffee-nosed musical chums, they'd enjoy it.
Enjoy it? Enjoy what? They might think you were getting your comeuppance, don't you think? - Come what? - Are they not that son' of friend? It was a genuine mistake.
You keep saying that.
A mistake is a mistake.
And the more you call it genuine, the more people might think you're in the habit of the other kind.
- What other kind? - Exactly.
I need your help, James.
I know what this can mean.
So do I.
Should you not have thought of that? Come on.
have you never Sneaked a shufty at someone else's brief? No, not ever.
- Made a genuine mis - No, not that either.
Well, look at it sensibly.
Look who made the complaint.
Another barrister, Jeremy.
Padsey.
A senior, nay, a geriatric junior on the South Eastern Circuit.
He came up to eat his dinners.
Just like you, week after week.
Bloody miles.
It's the most serious complaint of all, that of another lawyer.
This could end your career, you know that? Who? What? Who's on the? Oh, a High Court Judge.
Couple of silks.
Two laymen.
Trade union officials, something like that.
The Brothers? Yes.
Yeah, they're the worst or the best.
Depending on I plead with you, James.
Support me in this, please.
No.
No, not me.
(Whimpers) I'm sorry, Jeremy, but I just don't have the time.
And I have to say, I'm not sure I've got the inclination either.
As my father says, "You heap coals on your own head, you'll find 'em hot.
" (Whistling) Hello! I heard you were down.
They told me you were here.
The village? Dad's things.
We're both at it.
They say you're clearing out the cottage.
Shall you give it up? It was Lizzie's cottage.
Well, not hers but her father's.
Does that mean altogether? I think so, yeah.
Would you like some tea? I've just made a pot.
I've always fancied bell ringing.
Everybody does.
The peal's gone.
Threatened to drop through.
Rot.
Don't pull anything at all.
Are these any good to you? - What? - Seeds.
We never planted them.
Yes.
I suppose so.
Oh, they're that posh sort.
Exotic.
Peppers.
Mr Bryant the garden won't like those.
Oh, yes, kohlrabi.
- They look pretty.
- Thanks.
I'll put them in plain envelopes and tell him turnips.
If you like.
Last year, but I expect they're still all right.
I know nothing about it, nothing.
Dad grew leeks, that's all.
Is it empty? The rectory, the house? Wonderfully.
You like it? - I take it you don't.
- No no I don't mind, not really.
I bloody hate it.
If you expect me to collapse and admit the same, I won't.
I've never been so happy in all my life since Dad died.
Though I did love the old sod, I now realise, to my bewilderment.
But you've got your children.
I sent them packing.
They kept looking at me, waiting for me to crumple or something.
Awful.
It will be fine.
But the thing is.
There's nobody to talk to and er that's the only way I get to know what I'm doing.
We could forever be wrapped in the law.
Those of us who make our living at it, unless we've a life out of it.
And at the moment I haven't.
I hope you won't expect sex.
I mean, as well as tea and sympathy.
Am I that obvious? You are a bit.
Not sex.
But everything else.
What I wanted to talk to you about is to do with a young woman I'm defending for killing her husband.
And she looks like she's changing her plea to guilty.
- Is she? - She killed him.
- Did she intend to? - Quite.
No, no, it's manslaughter.
He was a disgusting swine.
There's plenty of evidence of provocation to put.
Dear God, it even started on their honeymoon.
She doesn't want us to give it.
It's because she still loves him? Could she? I would think 30.
Yes.
- Thank you.
- But you knew that didn't you? Pretty obvious, isn't it? I'm told.
or rather.
gather I've read, it's almost always the case.
Is it? Why don't you ask her? She's in danger of a life sentence for murder.
we are here to help her.
But she can't find it in her to Er to love us.
No, no, not love, of course not.
Er but it is like that in a way.
Trust us, I mean.
The only trust she has, is in the love she still unaccountably has for the man she killed to stop him torturing her.
It tortures me.
There is her mother, who won't see her and who she won't see.
They must trust each other, surely? What's the mother like? All right.
Worried sick about her daughter, I would say.
She's gone to the grave.
Her son-in-law's grave.
I'm not happy about this, you know.
The mother, she might be wanted for a witness.
Are you sure? I don't care.
I want her to talk to her daughter, that's all.
I want someone who loves Elaine.
(Bell rings) They're closing, Mrs White.
They told me at the gates, and there's the bell.
They love it.
They spare no expense.
This is private, you know, we had to pay for it.
All this is private.
They make a picnic of it.
I don't mind.
There's some very important people buried here.
You ought to talk to your daughter.
She wouldn't want to talk to me.
And will you not try? Does it matter now? Now she's admitted it.
She always admitted it.
Paul was a good man.
He was a dentist.
Yes, I know his profession.
She should've stuck by him.
She wanted too much.
If I'd left her father every time he lashed out He calmed down.
They all calm down.
He was a lovely man to me, was young Paul.
He thought the world of me.
And always flowers.
He did dreadful things to your daughter.
Yes but speak as you find.
He couldn't have.
He was a lovely boy.
He couldn't have.
He was a professional man, university.
He did, Mrs White.
Elaine has been systematically ill-treated.
Beaten, humiliated.
She didn't know what to do, where to turn.
She God help her, you too, she loves him still.
Will you talk to her? You don't need to say much, just you're sorry.
I am.
- I am really.
- I know you are.
ELAINE: Where is she? She's put in for a visit tomorrow.
I don't mean her.
I mean your dogsbody, Emma.
My wife died, you know, recently.
I loved her.
Oh.
Good.
Right.
Sorry.
Go on, sorry.
There are people who can help us both.
I suppose.
They'd queue these days, eh? Ironic, isn't it, you and me? We both lost someone we did love, yeah.
But, you see, I would've done anything to help my wife live.
And you “HOT.
And yet we loved.
Oh, piss off! Well, it is Sunday.
What does that mean? A lot of visitors, Sunday.
She had none.
Wouldn't see anyone.
The usual lot, of course, women's groups, all that.
She won't take help.
Well, that's all right, a lot of us won't.
We ought to when it's offered.
We ought to ask it more, I suppose.
Offer it more.
It's getting on top of me, you know, and I mustn't let it.
Damn it, Depp, you don't look so bright either.
With me, it's only years.
Soon be done with 'em.
Jeremy.
Do take care, James, it's catching.
Guilt by association.
It isn't that, it's superstition, isn't it? There isn't one of us doesn't know it could finish us.
Yes.
All right, do you still want me to help? Here, let me get this.
Is this your chit? EMMA".
You're not gonna speak for him? I know, I want my head examined.
But when someone.
Even Jeremy.
asks for help That's the trouble we're having here.
There is help available for our client, but she won't take it.
Won't ask for it, even.
The worst thing can happen to us, you know, Emma.
Hauled up before the Bar Council for professional misconduct.
It'd do for me, perhaps.
It's not easy.
Yeah, if it happened to me now, I wouldn't be able to take it.
Well, you've always got your band.
None of that would matter.
There's only one thing I wanna do in the world, and it's this.
So it is for Jeremy Aldermarten, God help us.
Elaine.
Good morning.
Did you see your mother? Yes.
Good.
What have you decided? I'm very, very sorry, Mr Kavanagh.
- No, no.
- Yes.
I'll do what you want.
It's not what I want.
No, no, no, forget that.
You must want it.
You have a defence to murder.
And I shall put it for you.
And I intend to call your mother as a witness.
DEPP1 Mr Kavanagh.
I know, I know.
This is very dodgy.
Close to misconduct, could even be.
I know.
But when I talked to her mother, I had no intention of calling her as a witness, you know that.
I shall explain and hope His Lordship allows it.
I want to keep this going.
I want someone who loves Elaine up there.
Good morning, Peter.
You wanted to see me? Jeremy, good of you to spare the time.
It won't take a moment.
What can I do for you? I think we ought to look around for somebody to join us at River Court.
Some fresh talent, as it were.
Oh.
I see.
What, you mean, in case? Oh.
but I'm sure I mean er James has stepped forward James is very involved, perhaps too much involved, in something What do you think? He might be letting it get to him? No, no, no.
He will represent me.
Will he? Ah, good.
But I think we ought to perhaps look for new blood.
Have you anyone you'd like to propose? Ah, yes.
No.
No, but I could turn my mind to it if you think I do.
There's someone I'd like you to talk to.
I've already mentioned her to Kavanagh and he thinks a lot of her.
But we must all feel happy about it.
- You ought to meet her.
- Gladly.
Empty rooms are not the only consideration.
Do we have any? There's the important matter of compatibility.
Oh.
Oh, I see.
And you would like me to talk to? Cathy Winslow.
She was on a police tribunal with me.
How's Bimbo? Bimbo? Yes, don't you call him that? Your Head of Chambers.
Bimbo Waters.
No, I don't.
I call him Anthony.
You obviously do.
Oh, yes, yes, yes.
Dear old Bimbo.
Why? Do you know, I haven't the faintest idea.
He was always very fair-complexioned and rosy-cheeked at school, that sort of thing.
You? Horfield Comprehensive.
I know, I know I mean, I know that.
I mean, Peter Foxcott told me you were at um Bristol.
Yes.
Then I worked on the cosmetics counter at Boots.
Boots? Oh.
Oh, good, good.
Excellent.
Why do you say that? Well, I'm I'm delighted.
Of course you are.
Just what your set needs, isn't it? Rough trade.
Huh, we do boast James Kavanagh, you know? Yes, I know.
Aren't you fortunate? Oh.
Then what? After Boots, I mean? I prefer to eat before I'm grilled if you don't mind.
Oh, yes.
And I don't drink.
Oh.
Well, this'll be wasted on you, then.
But not you, I'm sure.
Why? I'm a recovering alcoholic.
I don't think we've got one of those in the set.
Well, none recovered, anyway.
Well, I suppose I do, I drink too much.
Well, don't we all? No, you don't, of course.
I quite understand.
I don't think you understand at all, Mr Aldermarten.
Oh, Jeremy, please call me Jeremy.
Oh, we all we all have our problems, of course.
I hear you did for the handy copper.
Did for? Oh, I hope not.
He seemed grateful.
A sadder and a wiser man.
Which is always a sober sight to see.
Kind enough to think we got him off.
Oh, did you? Oh.
I thought more or less Oh, jolly good.
Now, tell me about your problems.
One hardly knows where to begin.
Begin with Padsey.
You know? Oh, yes, of course.
We all know.
- And there but for the grace of God - Exactly.
Especially Padsey.
He was suspended himself a few years ago.
Well, was he? Why do you think she changed her mind? Her mother? No, though I'm sure that helped.
She told me she felt sorry for you.
She's a sensitive woman, she feels things like that.
USHER: Court rise.
Though she told you to "piss off Mr Kavanagh.
Does your client wish the indictment to be put to her again? No, my lord.
She wishes her first plea of not guilty to stand.
Very well.
Ladies and gentlemen of the jury, Elaine Sturmer is still in your charge.
The mean old bugger might have given us another jury.
No, no, no.
It's all right.
I want this one.
Cathy Winslow, Peter, I think she's a find.
Do you, Jeremy? I'm glad.
I thought her that.
- Shall we pounce? - Well, if the others are agreeable, yes.
I think she'd be an asset.
And I have to say, she's been a great help to me.
Good.
- I'll call her in.
- Mm.
Um Smollett's Directory Of The Bar, please.
Thank you.
Hark, in't it quiet? 'Ere, is he still in it? Your concert, Gary? Haven't seen him at rehearsals lately.
I Put your briefs upon the shelf I I will marry her I Myself KAVANAGH: When your daughter came to see you in the spring of this year.
What did you tell her.
Mrs White? I'm ashamed to say it.
Or, even then, to ask her to.
JUDGE: Please do speak up.
Mrs White.
I said I was ashamed, Your Worship.
Oh, dear, Mrs White.
You must nevertheless speak up.
Because I'm slightly deaf in one ear.
Oh, isn't it infuriating? So am I, Your Worship.
I am "my lord", Mrs White.
Thank you, Your Worship.
Thank you, my lord.
Mrs White, why were you ashamed? I told her to go back to him.
You really must speak up, Mrs White.
Told her she had to go back to him.
If I hadn't, he'd be alive to You've been shown the photos of your daughter's injuries that day she came to you? Yes.
Did she tell you that these injuries had been caused by her husband? Yes.
Did you believe her? Yes.
Yes! Then why did you tell her to return to her husband? Because she loved him.
And he loved her.
And when that's the case.
I think nothing else matters, in my opinion.
You know what I mean? I mean.
living all those years in the East End.
nobody was a saint.
I mean, you should hear the shouts and the bangs down the stairs of a Saturday night, just after the war.
You know, with love in the family just the same.
Which was all that mattered.
He gave her a lovely home.
Thank you, Mrs White.
If you don't think she loved him.
How do you think she's fallen for his baby? (Murmuring) That's all.
Thank you, Mrs White.
You don't get babies by hating, do you? (Murmuring continues) I didn't tell her.
EMMA: You didn't tell us either.
It came as a shock.
It came as a shock to me as well when I heard her.
She guessed.
Didn't say anything, she just guessed - Mother.
Have you seen a doctor? Too early.
Anyway, they don't care if you don't tell 'em.
I'm sure they do, Elaine.
Oh, what difference does it make? How long? Three months.
When did you know? When do you think? It means you were having normal relations with your husband.
- Is it his? - Of course it is.
That was always all right.
It was the only thing that was.
I don't see how you could have sex with someone you hated.
Were frightened of.
- Who beat you up in the way that he did.
- Don't you? Well, I could.
(Sobs) PROSECUTION: What son' of a woman is she? I would say she is a cunning and calculating woman.
Who cleverly set up situations and provoked her husband into using her shamefully.
More and more.
Until she knew that enough people had been told of his allegedly unprovoked behaviour.
Until the moment was right for her to strike.
To murder.
While she now confesses and gives belated evidence of normal - normal sexual relations, she does not deny that the child she carries is a fruit of those relations.
Elaine Sturmer planned her husband's murder and carried it out with cold-blooded ferocity.
Cold-blooded ferocity.
Yes.
Let us start at the beginning of the married life of Elaine Sturmer.
Let us start with the honeymoon.
Corfu.
Honeymoon photographs.
The face of Elaine Sturmer when her sunglasses and her scarf were taken off.
She attributed the injuries to walking into a hotel swing door.
when asked.
If friends asked.
She had friends then.
None now.
None.
Her husband didn't like them.
There is the child she expects.
My learned friend would have you believe that this is proof of normal relations between husband and wife.
Normal? After the catalogue of injuries and persecution attested to in this court? Normal? These photographs.
The leather straps, the military swagger cane with which Paul Sturmer periodically beat his wife.
Normal? Can you after you have seen all this, can you believe that Mr and Mrs Paul Sturmer lived a normal married life? You will remember that Elaine Slurmer wished to change her plea at one point.
You heard her.
His Lordship quite properly adjourned the court and we discussed it.
I could have asked for a fresh jury.
And it may well have been granted.
But I thought not.
I thought you had seen something very valuable.
You had seen the integrity of my client.
The way she faced what she had done without flinching, and with a sense of justice, I find remarkable.
And you may well feel the same.
Such fairness in the face of the evidence of his cruelty is truly astonishing.
Almost impossible to understand, unless unless you realise, as I do that Elaine Sturmer for some unfathomable reason still loves her husband.
Whatever her emotion at the time, Elaine Sturmer did something she did not intend to do that morning, when she woke up beside the drunken beast she had loved for ten years.
Because, that very morning, she went out and booked a surprise holiday for them both.
Corfu.
Where they had spent their honeymoon.
She told her husband.
He laughed in scorn and hit her.
And she then stabbed him to death.
This was her statement when she was taken into custody charged with murder and she has never deviated from it.
She has told the truth.
She is an honest woman.
So honest that she cannot bear to find excuses for herself.
That, members of the jury, is your task.
You will be able to see that which Elaine Sturmer refuses to see.
For she still feels that she failed the man who despised her and took his violent pleasure of her for ten long years.
USHER: On the charge of murder.
do you find the accused guilty or not guilty? FOREWOMAN: Not guilty.
Do you find the accused guilty or not guilty of manslaughter? Guilty.
.
lUDGE: Elaine Slurmer.
You have been found guilty of manslaughter.
I have no doubt on the basis of provocation.
I will bear in mind that the jury feel they've had presented to them the truth about your treatment at the hands of the deceased.
I sentence you to two years in prison.
This sentence to be suspended.
(Murmuring) CLERK: Mr Aldermarten.
would you stand.
please? It is said that you.
Jeremy King Louis Aldermarten, at Chelmsford Crown Count in the County of Essex.
By deliberately reading papers containing.
to your knowledge.
Privileged defence instructions to another member of the Bar.
Did therefore bring the profession of barrister into public disrepute.
I told Mr Aldermarten that the brief was at reception, sir.
Are you sure that Mr Aldermarten heard what you said? Well, he obviously didn't.
Why was that, do you think? I don't know.
sir.
Was there a noise on the line? Only not on the line but he was listening to something else as well.
- What was that? - Music.
Gilbert and Sullivan.
He was er learning his part.
Do you And if I might continue.
sir? Of course, Mr Buckley, please do.
He was talking himself over me talking to him as well, so Thank you.
Just wait there for a moment, will you.
Mr Buckley? Are you sure Mr Aldermarten didn't hear what you said? I don't know.
It appears not.
How long have you been a clerk, Mr Buckley? 18 years, sir.
A lot of experience.
Yes, sir.
(Clears throat) Yes, sir.
- Would you care for a glass of water? - (Softly) No No, sir.
Why did you not make sure that Mr Aldermarten knew where the brief was to be found? At reception, sir.
- Where else would it be, Mr Hearsaigh, sir? - I don't know.
I'm asking you.
Well, it was bound to be there.
It would er hardly be sitting on a bench in the robing room, would it, sir? Quite.
NURSE: Elaine Sn//'me/' PADSEY: He was reading it.
HEARSAIGH: You are certain of that? - Oh, yes.
They'll do anything.
Who will do anything, Mr Padsey? These silks.
They can't bear to lose, you see.
Their amour-propre is assaulted, you see, especially if "out in the sticks", as they call it.
Hm.
Thank you.
If it's where the law of this land is practised, day in, day out.
Petty thieving Twockers, that sort of thing.
- Taking without consent a conveyance, my lord.
- Yes, I know.
Dealing with the run-of-the-mill inadequates of this world.
Please, Mr Padsey.
None of your fat, glamorous life, death and multiple fee cases.
Mr Padsey, be quiet.
My lord.
Thank you, Mr Hearsaigh.
Mr Kavanagh.
Mr Padsey.
You saw Mr Aldermarten pick up your brief and look at it for a moment? More than that.
More than that, he was scrutinising it.
(Coughs) What could he possibly learn from your brief in a simple application for date of trial? Well, ask him, sir.
He scrutinised it minutely - minutely.
He opened it and devoured its contents avidly.
It was like manna for him.
Turned up late.
Blames his junior.
Smug, faraway look in his eye.
Whistling and singing the Mikado.
Manna! KAVANAGH: How did he look at it'? Did he hold it out from him? Did he bury his nose in it? Did he flap it open put spectacles on.
Take spectacles off.
blow his nose.
While devouring the contents avidly? Paint the picture.
He picked it up, tugged at the ribbon, opened the brief and read it.
As simple and as culpable as that.
He didn't pick his nose.
Put on spectacles Thank you, Mr Padsey.
(Electronic beeping) Do you want to know the sex? You're not suggesting that you mistook the colour of the ribbon, surely, Mr Aldermarten? - You must have known that it would be pink? - No, no, no, no.
What I'm saying is, that it could happen.
A prosecution brief is normally here, white.
In which case, as you were prosecuting, you should not have picked it up at all.
Here it is.
Pink.
No, no, no.
It's simply that in Chelmsford the ribbon is pink for both, you see.
It was just, I humbly suggest, it should be noted.
Thank you.
Mr Aldermarten, is that the brief you looked at by mistake? Usher.
Thank you.
Erm I'm sure it is.
Look at it.
Make sure.
Yes, this is the defence brief for the Queen and Smith.
Mr Aldermarten you're a vain man? Iwould not say so.
I think you are.
- Well, that's a matter of opinion.
- It is my opinion you are.
- Well, you're welcome to your opinion.
- Thank you.
I can offer witnesses who might support my opinion.
- Can you? HEARSAIGH: My lord is this getting us anywhere? I wish to have Mr Aldermarten admit his vanity, my lord.
Mr Aldermarten? My-my-my-my-my lord I am.
How do you think you look in specs? - It's not a question of how old I look.
- I didn't say it was.
Mr Aldermarten, where were your spectacles when you picked up that brief, by mistake.
In the robing room at Chelmsford? I left them in the car.
I'm not used to them yet.
They have been but recently prescribed.
It's not a question of vanity.
I just simply forgot them, that's all.
And I sent the usher to get them for me when we came into court.
I can't read without them now.
(Siren) (Ambulance radio) We are not satisfied that you wilfully looked at your opponent's instructions.
But we do consider that you acted with gross carelessness.
I cannot but comment in parenthesis, Mr Padsey, carelessness was shown to a lesser extent by yourself.
Papers important to a client's defence.
Should not be left where they might be seen as a consequence of a genuine mistake (Mouths) A genuine mistake.
The decision of this tribunal.
Is that you, Jeremy Aldermarten, of the Honourable Society of the Middle Temple, have been found not guilty as charged.
But guilty of a breach of proper professional standards.
You will therefore pay a fine of one hundred pounds to the Honourable Society of the Middle Temple and be admonished.
Do you want to appeal? It'll cost you another hundred quid.
No, no.
It's cost me enough as it is.
You didn't go for the revenge angle.
Would have destroyed the poor old sod.
Cathy Winslow told me he'd been suspended.
Six months off the circuit ate away at him.
I'm sure.
Look at him.
I'd have done for him.
No hard feelings I hope, old man? Got to be done.
Got be sticklers, all of us.
Is this some kind of trick? Barristers don't shake hands, Padsey.
Good try.
(Door bell) - Hello.
Come in.
- Thank you.
Can I leave these? Are we coming back here before I get the train? Will there be time? Well, yeah, it's on the way.
Why not? It's good of you to come.
Keep me company.
I don't know why I accepted his tickets.
It's just that when Jeremy gives you anything Anyway we might enjoy it.
(Phone rings) Just a second, while I deal with this.
Kavanagh.
(Door bell) (Chatter) I don't see any of the others.
Cowards.
How long do you think before it's for real? (Chuckles) Five years.
- Perhaps seven now he's been admonished.
(Piano starts up) - He'll be a good judge.
- Yeah? Will Kavanagh? He says not.
CATHY: Jeremy thought he was vetting me when he gave me lunch.
You know that.
You let him think it, didn't you? I thought it was easiest.
Anyway glad he didn't put you off.
CHOIR: I Hark the hour of ten is sounding Hearts with anxious fears are pounding Hall of Justice crowds surrounding Breathing hope and fear For today in this arena Summoned by a stern subpoena Edwin sued by Angelina Shortly will appear For today in this arena For today in this Summoned by a stem subpoena Summoned by .
.
sued by Angelina Shortly will appear Edwin sued by Angelina Shonly will appear ALDERMARTEN: The rich attorney was good as his word The briefs came trooping gaily And everyday my voice was heard At the Sessions or Ancient Bailey All thieves who could my fees afford Relied on my orations And many a burglar I've restored To his friends and his relations CHOIR: And many a burglar he's restored To his friends and his relations ALDERMARTEN: S/7L/S/7' At length I became as rich as the Guernies An incubus then I thought her So I threw over that rich attorney's Elderly ugly daughter The rich attorney my character high Tried vainly to disparage CHOIR: No' Yes! And now if you please I'm ready to try This breach of promise of marriage And now if you please He's ready to try this breach of promise of marriage I'm sorry, Angela, we won't get there now.
(Signs) We get her off with a suspended sentence, and HOW she tries to kill herself and her unborn child.
Why, do you think? It seems some damn fool told her straight out it was a boy.

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