Kavanagh QC (1995) s04e04 Episode Script

1 Satan, dark, the evil schemer Tries to snare us if he can Jove, the God, the great redeemer Intervenes and spoils his plan (Machines bleep into life) (Siren blares) (Boy groans) Come to me in times of pleasure Come to me in times of pain Keep me mindful of thy treasure And my heart on thee again OK.
Luke.
We're nearly there now.
You're doing just fine.
Beautifully sung, brothers and sisters.
Luke Emmott, 13 years old.
Jaundiced, tired, generally unwell.
How much blood has he lost? Several units.
BP's 90 over 60.
- Melaena? - Don't know.
But there's dark urine.
Spider haevi on the arms.
GP thought liver disease, sent him straight in.
- Has he had any plasma expander? - Just 500ml of saline.
He needs some Haemaccel in.
And get his bloods off, cross-match six units.
- Mm-hm.
- Mr Rawlings? - We'll need FFP and platelets.
- Mr Rawlings? - What? - You can't give it to him.
- What? - The blood.
Miss Emmott.
We've managed to stop the bleeding, just.
Oh, thank God.
But if Luke has another bleed, which is quite possible, he might not be so lucky.
- Unless we can transfuse him.
- No, no.
I'm sorry, no.
Miss Emmott, if I don't transfuse him and soon, it's very likely he will die.
I'm sorry, no.
I was planning to see if I could tempt Kate and Matt down to the boat.
But just think of it, James, a long weekend in beautiful countryside.
Peace, quiet, a little fly-fishing.
- And three days of Jeremy? - Well, he is in the area.
Yes, sol gather.
There's a lot of sympathy for the road protesters down there, even from the blue-rinse brigade.
A bypass too far and all that.
And Jeremy has always had his nose to the wind.
Anyway, Eleanor won't take no for an answer.
She worries about you.
Not getting out enough, not eating properly.
She's even threatened her blackberry-and-apple crumble if you come.
Ah, Mr Kavanagh, sir.
- Morning, Tom.
- Morning, sir.
- Tom.
- Sir? Yes.
Tom? What's up? It's um I got this phone call last night from an old girlfriend of mine.
Susannah Emmott.
We split up years ago, but Well, we were together a long time and er you know, childhood sweethearts, that kind of thing.
I mean, we even got engaged.
Yeah, well, she was a bit special, you know.
So? It's a big favour, Mr Kavanagh.
You've done me a few, Tom.
Well, she was in a right state when she phoned last night.
Her son had been rushed into hospital, some liver problem.
He needs a blood transfusion.
And the thing is, now she's a Jehovah's Witness.
They both are.
- Ah.
- Yeah.
And the hospital are taking her to court? They've already got wardship of Luke, that's his name.
Applied late last night.
(Sighs) She wanted to know who the best barrister I knew was and, well Well, I'm very flattered, Tom, but er there's plenty out there.
Right.
It's just that I didn't want to see her put through any more than's necessary, that's all, sir.
Her put through it? She's playing with her son's life.
She doesn't see it like that, sir.
And neither does he, apparently.
I mean, it would only be a couple of days, Mr Kavanagh, and you are free.
And Miss Wilson is now too.
If you're looking for a family law junior.
Oh, well, that makes all the difference.
(Crowd chant) Save Bodley Woods And he swears he's innocent.
The victim of an establishment conspiracy.
He would, wouldn't he, given the evidence.
I think a bypass would be really sensible.
CROWD: Save Bodley Woods! Save Bodley Woods! (Bells chime) (Door closes) Hi.
Hello, Adele.
Bad news, I'm afraid, Jeremy.
Mr Claydon won't be joining us.
He does know this is our only chance for a con before we meet in court? Er yes, but er well, I think he was rather hoping you could come to him.
What you fail to appreciate, Mr Claydon.
Is that if you do not appear in court on time.
you'll be punished for contempt.
And, of course, you'll still have to go on trial later for the original charges.
Perhaps with the same.
And now hostile.
judge.
What I think you fail to appreciate, Mr Aldermarten, is that me standing trial is just the chance the authorities are looking for to make a move.
Are you saying your fellow tree dwellers are so irresolute that without you they'll cave in? No, of course not.
It's just that we're all in this together.
Ain't that right? (Whooping and cheering) Oh, good grief.
You can tell the judge I'm perfectly happy to answer the charges against me.
It's just that I've been unavoidably detained.
As Witnesses, we take the Bible as God's word.
Um his instructions to mankind regarding the right and true way to live.
And um the Bible states categorically, Acts 15.
That "Christ's followers should keep abstaining from things sacrificed to idols, and from blood.
And from things strangled".
Um that's unbled animals.
"And from fornication.
" So, you see, taking any blood products into our bodies is impossible for us.
Even if your son's life is at stake? No-one wants him to live more than me, Mr Kavanagh.
But I cannot abandon God's word just because the situation is difficult.
And neither can Luke.
Does Luke's father share your convictions? No, we're divorced.
Does he know about the situation? I haven't seen him since before Luke was born.
The hospital is trying to find him, though, if only to get his consent.
I see.
Well, the law on this sort of issue is clear, Miss Emmott.
Since Luke is a minor, the court has to rule on what it considers to be the best course of action for his welfare.
And that includes his medical welfare.
But he's old enough to know his own mind.
He's 13.
Yes, but when you talk to him, you'll see how mature he is.
We won't be able to do that, I'm afraid - talk to him.
But you're representing him.
We're representing you, Miss Emmott, putting your case.
Because Luke is a ward of court.
He'll have his own counsel.
I did explain it to you.
The court doesn't assume that what you and your child want are necessarily the same, you see.
But they are.
Luke does not want a transfusion, so why should the state force him? MISS WILSON: God save us from religious nutters.
- If we win - He could die.
I had got that far, yes.
Not that I suppose we will win.
As far as I remember, judgements always gone against Jehovah's Witnesses when there's a minor involved.
How any mother could put her child through this Well, thank you, Tom.
A very pleasant couple of days were gonna spend before the bank holiday.
Presumably she wasn't a Jehovah's Witness when you went out with her? No.
She was, you know, normal.
We grew up together.
What happened? Well, after we split up Because? If you don't mind me asking.
She got cold feet about the wedding.
So she finished it? Anyway, she started working for this building society, and met this bloke who was a Witness.
Paul Knight, who she fell for.
God knows why.
I mean, he just did what his family told him.
Well.
they wouldn't have her unless she converted so - They got married.
- I wasn't invited.
Not pure enough.
Anyway, he had some bust-up with the organisation, went right off the whole thing.
She didn't, ergo they parted company.
By which time she was already pregnant.
Well, I think the least you can do, Tom, the very least.
Is to get me everything you can on the Jehovah's Witnesses.
It I'm gonna be arguing a hopeless case in the teeth of common sense.
I need to feel completely prepared.
(Monitor beeps) Up the Blues.
Plus And here's your Bible.
Thanks, Mum.
Good news.
I've managed to get a very famous lawyer for us.
Although you're so grown up now, you get your own lawyer too.
Oh.
So, it's two against one? In a way, yes.
- How are you feeling, sweetheart? - Tired.
Well, you just rest, then.
Don't talk.
Am I going to get better? Of course you are.
Do you think God's punishing me? No, of course not.
- Or testing me? - No.
Now shush.
You save your strength.
Excuse me.
Carol.
Joanna's parents would like another word.
(Sighs) - They won't do anything, will they, Mum? - What do you mean? Give me blood when I'm asleep.
They're not allowed to.
I won't let them.
But when you're not here? He loves you.
And he wants you to get better- so you can play for Chelsea one day.
I love you, Mum.
And I love you, big man.
Mr Aldermarten.
May it please, Your Honour.
Anxious as my client is to answer the very serious charges against him.
Unfortunately he's been detained.
Um unavoidably.
And it is therefore with some regret that I ask Your Honours indulgence in granting a postponement to today's proceedings.
Why exactly is Mr Claydon unable to be with us, Mr Aldermarten? Er he erm He's been manacled to a tree, Your Honour.
I see.
And would I be wrong in supposing that this tree is at Bodley Woods, in the path of the new bypass? Your Honour is most perceptive.
How did he come to be manacled to this tree? Not of his own volition I hope.
Well, that I honestly cannot say, Your Honour.
Very well, Mr Aldermarten.
I will give him the benefit of the doubt today.
But I expect him in count.
On time.
tomorrow.
Of course.
Your Honour is most understanding.
Court adjourned.
Court will rise.
He's on our side.
Peter did say that the local hobs were against the bypass.
And how soon could Luke Emmott's psychiatric report be drawn up, Mr Schuman? 24 hours, my lady.
Fine.
Have it delivered to me by three o'clock tomorrow afternoon at the latest.
I'll hear arguments at four, and hopefully I'll be able to give a judgment later that evening.
What has to be determined is whether this child is mature enough to make an independent decision.
And if my client has a bleed in the meantime, my lady, can he be transfused? No.
So believing in the Bible's a sign of madness these days, is it? A psychiatric reports standard procedure, Miss Emmott.
It'll focus on Luke's state of mind, the general family background.
And accuse me of brainwashing him, I suppose? - Miss Emmott - Which I haven't.
He believes because he believes.
- He knows - Miss Emmott.
I strongly urge you to co-operate with this report.
For your own good.
And Luke's.
And you all know what that is, don't you? Which we don't, of course.
I think you should lead with her tomorrow, Alex.
For God's sake, man, he's bending over backwards to give you a day's grace.
And I'm very grateful.
Only the basic situation hasn't changed, has it? I mean, they are still waiting to move in, aren't they? Well, I give up.
I really do.
I've got better things to do than stand here and bandy words with Tarzan.
- Like what? - What? I thought you wanted a high-profile media-friendly case.
And you are here till after the weekend.
Adele, I'm sorry, but what can I do? The man is bent on self-destruction.
I am sorry.
Jeremy.
Dragging you down here for nothing.
If the mountain won't come to Mohammed Mr Claydon, Emma Taylor, one of your defence team.
- Hello.
- I think we should talk, don't you? - Miss Emmott.
- I'm sorry to disturb you at home unannounced.
No.
No.
come in.
Um I've brought you some literature.
Tom said you wanted to learn as much as you could about us.
Yes.
Um thank you.
I know I should have gone through Mr Kline, but as the hearings tomorrow, I I No, no.
It's er It's very thoughtful.
Come through.
Um there's um a pamphlet about our attitude to blood transfusions.
And um another one about us more generally.
They'll be very helpful, thank you.
- Have you come far? - Enfield.
Would you er like a drink? That is, I'm sorry, do you drink? We are allowed to take in alcohol in moderation, but um Oh, why not? - White wine? - Thank you.
Luke's still holding up, I hope? God willing.
He sounds um a remarkable boy.
Well, I think so.
But then I would, wouldn't I? Thank you.
Here's to his good health.
I do appreciate you doing this at such short notice.
I don't suppose you can find it easy, you know, going against medical opinion and all that.
Your position is a a difficult one to argue, certainly.
Well, all we do is just point out what the Bible teaches.
Society used to respect God's word and now it doesn't.
Which is why everything’s gone downhill.
What I believe anyway.
Do you mind me asking why your husband, your ex-husband, turned against his faith? Tom told me.
He He had an affair with er the daughter of a couple in our local congregation.
It caused a lot of pain.
Paul was given a choice.
Stop and ask forgiveness or go.
But he couldn't stop, or wouldn't.
Whatever.
But it it was good in a way.
Being a single mum.
I learnt God's always with us, you see.
If we only open our hearts.
Oh, anyway, I'm sorry.
Um l'd better get to the hospital.
No, no, it's er It's been very illuminating.
Oh.
Your wife? Yes.
She She died earlier this year.
Oh, I'm sorry.
I'll pray for you.
Thank you.
Please give my best to Luke.
Er l wish I could meet him, but er Well, that's the law for you.
Man's law.
Well, I always suspected you could charm the birds down from the trees if you wanted to.
Now I have proof.
He's not unreasonable.
Used to be a chartered surveyor before he saw the light.
Green light, I take it.
He had to work on turning a Dorset beauty spot into a gravel pit.
Proved too much for him, apparently.
It wasn't that hard once I pointed out the number of trees he Won? be able to save if he's doing 18 months.
Well, dinner at a restaurant of your choice.
If he turns up.
Oh, go away.
So invasive.
"In your righteousness may you bring forth my soul out of distress.
And in your loving kindness may you silence my enemies.
And you must destroy all those showing hostility to my soul, for Mum? Mum! Hello? Somebody, help! Help? Mr Claydon.
Very glad you could join us.
Your Miss Taylor's very persuasive.
If she's putting my case, maybe I'll get off.
Yes, she will, of course, be making a contribution.
You're not wearing that, are you? Well, that won't go down very well, Martin.
I'm sorry.
My best surfs wandering around the Third World somewhere.
Why don't you lend him your spare? You're about the same size.
It's back at the hotel.
I don't really think there's time.
- Yes.
If we hurry.
- Oh.
would you.
Jeremy? He's all right? Well, they managed to catch it before he lost a lot more blood.
But.
you know.
without a transfusion even a couple more of these little bleeds How's Susannah? Well, she spent the night at the hospital.
Oh.
Let's hope she's up to the hearing.
Mr Kavanagh? I just wanted to say sorry.
What for? Well, I just worry I dropped you in it.
NURSE: Miss Emmott? We've got to take his blood pressure.
Oh, can't you let him sleep? You really ought to go home.
Get some proper rest.
Don't worry, we won't do anything till we've heard from the court.
Will the defendant please stand? Martin Claydon.
You are charged that contrary to Section 1-3 of the Criminal Damage Act 1971, without lawful excuse you did damage by fire mechanical digger, registration number: M290 LTH, belonging to the Clifton Construction Group PLC, intending to damage said digger, or being reckless as to whether it would be damaged.
Looks good, doesn't he? How do you plead? Not guilty.
Luke has been haemorrhaging directly into his oesophagus, and thus into his stomach.
Hence the large amounts of blood he's vomited.
In your opinion, what will happen to him physically if you don't have the freedom to treat him as you think best.
Which includes transfusing him? All sorts of things.
I'm afraid.
Go on.
Well.
leaving aside how his liver itself might deteriorate until we can find out exactly whats wrong with him.
He's greatly at risk of further bleeding.
So that even a small haemorrhage could mean that he might simply exsanguinate.
Without warning.
Exsanguinate? Bleed to death.
JUSTICE: Mr Kavanagh.
Mr Rawlings, have you considered treating Luke in any ways that do not involve blood transfusions? In my opinion, a transfusion is vital.
I appreciate that, but it's not what I asked.
Have you considered treating Luke in any ways that do not involve blood transfusions, and therefore do not transgress his.
Or his mother's, religious beliefs? We've already used more Haemaccel than I'd normally be comfortable with.
It's a temporary measure.
Till you can do full transfusion.
Loss of blood means also loss of vital clotting factors, and loss of red blood cells, so less oxygen in the blood.
It doesn't sound as if you've even considered the alternatives.
Such as auto-transfusion.
Synthetic oxygen carriers You're missing the point.
In my judgment, a blood transfusion is essential to Luke's well being.
Even if he and his mother are absolutely opposed to it? They are not doctors.
I see.
So, the doctor is God and all must bow to him.
Is that it? JUSTICE: Mr Kavanagh.
Are you seeking to argue that Miss Emmott has the right to deny her son treatment on religious grounds, or simply that a blood transfusion isn't necessary? Er my lady, I am I'm seeking to establish that this case need not be seen in such simple either-or terms, with respect.
Rather a middle way could be found which satisfies both parties.
If the hospital were willing to explore alternative possibilities.
Mr Rawlings? In my clinical judgment.
based on some 30 years' experience in the field.
The alternatives are not practical.
Luke needs a blood transfusion.
And you are willing to administer one? Even if it will leave him psychologically scarred? Well I wonder if he's not that already.
The Bible puts abstaining from blood on the same level morally as abstaining from fornication.
I see.
So how would you regard the court forcing Luke to have a transfusion? Well, to force blood onto a Witness is like forcing sex on them.
- Rape? - Yes.
How do you think Luke would react to being transfused against his will? Well, how would any 13-year-old boy react to being raped? He'd be traumatised.
And so would I.
More than if it happened to me.
Do you want your son to die, Miss Emmott? No, of course not.
And you would accept any treatment to keep him alive, other than a blood transfusion? Yes.
Nothing further, my lady.
Could you please wait there? Miss Emmott would you agree that many, many other children have had blood transfusions without suffering any psychological harm? I don't know about other children.
All I know is that my son would suffer.
But isn't that simply because you've taught him what to believe? To equate blood transfusions with fornication? It's not my teaching.
It's God's teaching.
But without your influence.
Luke wouldn't believe this, would he? Luke believes because he's read the Bible.
And because he's opened his heart to Jehovah - to God.
All right.
Let's say, for the sake of argument, that Luke does hold the same beliefs as you.
Do you think I would put him in this situation if he didn't believe? He's 13.
Who's to say he won't reject his current sincere beliefs when he's a little older? After all, many children go through a rebellious phase when they're teenagers, don't they? He's already a teenager, Miss Vassall.
And for your information.
He's already said he wants to be baptised.
Is that unusual? Um we don't baptise children or babies.
Everyone has to decide for themselves when they're older.
But that usually isn't until they're 16 or 17' at least.
But Luke is so keen, and his studies so good.
That they might just let him, even at 13.
Dr Daylami, can you briefly summarise the psychiatric report you've drawn up? Yes.
I found Luke to be a bright, intelligent boy, obviously somewhat subdued because of his physical condition, but quite remarkably calm and assured at the prospect of his possible death.
Do you think it's possible his physical condition might be clouding his mental judgment? Well, I'm not an expert on liver disease, but from what I understand, that's possible, yes.
With respect.
my lady.
as Luke's counsel.
I have to agree with his mother that he's adamantly opposed to a transfusion on religious grounds.
What I feel I have to ask is Whether or not he's mature enough to be fully aware of the consequences of refusing a transfusion.
Not just that he might die, but how he might die.
Doctor? No, I don't think he is.
In my opinion he is under the dominant influence of his mother and her religious convictions.
COUNSEL: Why do you say that? Luke is the only child of a single parent.
He has a close loving relationship with his mother and in my opinion would not do anything to jeopardise that relationship.
He wants to please her? Yes.
Even at the cost of his own life? What greater way to show how much he loves her? That is not true.
I mean, yes, he loves me, of course, and I love him, that's natural, isn't it? He's not doing this for me.
How many times do I have to say it? My lady, might I make a suggestion, that we ask Luke himself? (Crowd chant) Save Bodlev Woods! Save Bodlev Woods! Save Bodlev Woods! At which point I saw the accused approach the earth moving equipment.
Carrying a bottle in his hand.
Can you describe the bottle? Its contents? It looked like a lemonade bottle.
Er clear glass, half full with a clear fluid.
And a rag sticking out of the neck.
And what conclusion did you draw as to the nature They're going in, clearing us out! Silence! Silence in court! I will not have this display in my court.
Martin! (Shouts of encouragement) Sorry.
My suit.
- How are you feeling, Luke? - OK.
Did the doctors explain why we've come to see you? You want to make me have a blood transfusion.
No.
We want to get to know you a bit better and hear what you think.
Don't want one.
This is Mr Kavanagh, Miss Vassall, both barristers.
So, tell us how your illness started.
It was just after we broke up.
I started getting tired for no reason.
Couldn't play football or anything.
Didn't want to eat.
I felt sick during the weekend.
And then my wee went all dark browny.
Dr Gold came round.
He sent me here, but I was sick in the ambulance.
You know the hospital want to make you better, don't you? And they think a blood transfusion will help.
- We shouldn't take in blood.
- Why not? It says so in the Holy Bible.
Acts 15, verse 29.
"Keep abstaining from things sacrificed to idols and from blood and from things strangled and from fornication.
“ Also.
Acts 21.
verse 25.
Says the same thing.
A lot of Christians, sincere Christians.
Do allow blood transfusions.
Then they can't be true Christians, can they? If they break God's word.
I see.
Do you know the doctors think you might die if you don't have a transfusion? I'm not afraid.
Have they explained to you what you could go through physically if you have another serious bleed? No.
And what about your mum? How do you think she would take things if the worst came to the worst and you - (Luke whimpers) - If she didn't have you any more? I'm sorry.
I didn't mean to upset you.
Your clerks will be notified when I've made my judgment, but I'll try not to keep you waiting too late.
I'm sorry.
Mum.
That's all right.
darling.
Crying's allowed.
Not that this is one I'd be too unhappy to lose.
Mmm.
You would? No, not really.
It's just that er I was surprised, that's all.
By Luke.
How? I think he believes what he says.
Sincerely.
And the fact that it's all barking doesn't come into it, then? Ah, James, when can we expect to see you? Well, not until tomorrow, I'm afraid.
Late judgment.
Ah.
Well, no matter.
I'll have a couple of trout waiting for you at lunch.
Oh, and er Eleanor has promised the crumble for supper.
I'll look forward to it.
Yes.
All this, and Jeremy too.
Mmm.
Sure you won't stay the night? Well, it's tempting, Jeremy, but I'd better get back.
Hot date.
Oh yeah The battle of Bodley Woods? I presume.
They'll lose, of course.
- The relentless march of progress.
- The road really is in your back yard, isn't it? Mmm.
Still, with champions like you two in the lists, who knows? If you get Claydon off, you might just turn the tide.
Jeremy? I've found the book of walks for you.
Oh.
Thank you very much.
Except Claydon's done a bunk, hasn't he? Ah.
Mind you don't catch a chill, kitten.
You know it settles on your chest.
(Embarrassed laugh) Therefore.
in fight of the fact that both in {aw and in my judgment Luke has not yet attained sufficient maturity.
I shall confirm wardship of count and grant leave to the plaintiff hospital to carry out such treatment as they deem appropriate.
Including transfusions of blood and blood products.
No.
Miss Emmott, I am only too aware of how distressing this is to you.
But I can't allow your son to martyr himself.
So I just let him be violated? I'm very sorry you choose to see something that will save his precious life in those terms.
But I urge you very strongly, Miss Emmott, to accept the court's judgment.
I called to you, O Jehovah, for aid.
I said you are my refuge - Get off.
-’ - .
.
my share in the land of the living ones.
Let go of me! Get off! For I have become very much impoverished.
Deliver me from my persecutors for they are stronger than I am.
Get off me! No! Get off! - Out of the very dungeon to laud your name.
- Take it easy, Luke.
We're nearly done.
We'd better stay with them in case one of them tries to take it out.
I'm sorry, darling What the hell are you doing? Are you trying to poison everything for miles downstream? It's all right, mate, it's biodegradable.
How are you feeling? I know you won't thank me for saying this.
but you're looking better for the transfusion.
Where's my mum? She went home after you fell asleep.
What I'm going to do this morning, Luke, is a liver biopsy.
That means using a long needle to take a very small piece of your liver I do know what a biopsy is.
Oh.
Well, I'll see you later, then.
When? About half an hour.
Close the curtain please.
(Doorbell rings) - Can we come in? - What's this? Please.
We won't stay long.
I'm not on a meter.
- What's happened? - He didn't want to stay.
Have you abducted him? I ran away.
Miss Emmott, the judgment of the court Mr Kavanagh, if you had been there last night, when they forced blood on him.
- Raped me.
- Please Help us You're the only one who seems to understand.
The way you spoke in court.
I'm a barrister, Miss Emmott.
It's my job to put my client's case as best I can.
It was more than that.
You cared.
You said yourself there's a middle way.
But the court Has come to a judgment, and my best advice to you is to comply with it.
- Return Luke to St Joseph's.
- No 5 Because right now you could go to prison for contempt of count.
- And if Luke dies - Don't care.
As it is.
I'll have to report this to the judge.
If you wish to appeal the judgment, you must first speak with your solicitor.
- You're right.
- Mum! - Come on.
- But you said I didn't have to go back.
Luke, we can't stay here.
I'm sorry we bothered you, Mr Kavanagh.
I won't go back.
Yes, you can.
Now come on.
(Phone rings) Oh.
Mum.
Please.
Mum! James Kavanagh.
Tom.
Yeah, yes, I know, they're here.
Just leaving.
Well, I told them to go back to the hospital.
Only I'm not sure they were listening.
Well, I've no idea.
Well, yes, you'd better, and the judge, Mrs Justice Addis.
I'll call the police.
(Dog barks) There's one.
There! Sit! Get off.
Get off! Get them off me! We got another one, Ron.
Trying to infiltrate the south perimeter.
- Infiltrate? - Come on, then.
I beg your pardon? Or do you want us to come up and get you? I'm afraid I don't really much I don't really much care for your tone.
Luke, God won't love you any the less because you've been forced to take blood into your body, if that's the main reason you want baptism.
I'm ready.
We'd have to open Kingdom Hall specially.
It's very important to him.
And afterwards he'll still need treatment.
Jehovah will show us the way.
Your understanding will have to be tested.
Of course.
You can manage that, physically? It's almost three hours.
I'm all right.
It is extraordinary.
Sounds like they've got a death wish.
It's in the hands of the tipstaff, then? Well, I asked Tom to report it.
And I rang the police.
Tom's looking, too.
They're hardly your responsibility, James.
Anyway, you can forget all about it while you're down here.
I'm just sorry there's had to be a change of plan about lunch.
Never mind.
This is fine.
Oh.
for God's sake.
do I look like a protester? How should I know? One of them wears a suit, and you ain't got no identification, have you? Since when have you needed identification to walk in the countryside? - And that's all you were doing? - For the hundredth time! - I don't believe you.
- Give me strength.
We've got signs up everywhere.
Big signs.
Barbed wire round the place.
Look, as a QC, a barrister, I think I know a little bit more about the law than you do.
- And even if I was trespassing - You were.
That doesn't give you the right to imprison me unlawfully nor to assault me.
And if you don't release me at once, when I get out of here I will personally sue you, Mr Mr Ron Bourne.
That I promise you.
And you two I will report to the police for actual bodily harm.
For which you may both go to prison, for up to five years.
Can I help you? Yes.
They contacted me about Luke Emmott.
- I was told he was in the Anson Ward.
- And you are? His father.
Perhaps he's lost.
He's got the book.
And I gave him very thorough instructions.
Well, if he's not back for supper, all the more for you, James.
You're a bag of bones.
Hardly.
When was the last time anyone cooked for you? Not including some ghastly overpriced restaurant.
Well, Matt made me a very good spag bol only last week.
Swag bow? I think we can manage something a bit better than that.
Even if it wasn't quite as planned - a table at eight sharp.
Any news? Tom wasn't there.
But I've left a message on his answerphone.
Ow! Damn it! Peter, thank God.
Thugs! Brother Luke, on the basis of the sacrifice of Jesus Christ, have you repented of your sins and dedicated yourself to Jehovah to do his will? I have.
And do you understand that your dedication and baptism identify you as one of Jehovah's Witnesses in association with God's spirit-directed organisation? I do.
Quickly before you get cold.
How do you feel? - Brilliant.
- Yeah! In the end.
[just had to show them my socks.
Your socks? Yes, they were the only things with my name in.
What? Aldermarten QC, in your socks? Oh, I'm glad you find it so amusing.
I think it's bloody outrageous.
The idea that you can give any jumped-up yokel a uniform, put Security on it and simply send him out into the countryside.
Ah.
- That looks er - Substantial.
I heard that.
(Phone rings) I'll go.
(Mutters) I'll need the exercise.
Kitten thinks I never put enough fruit in.
- Who? - But I like the crumble myself, don't you? James.
Tom.
You can understand it.
though.
Yes, Tom? - These security bods.
- How? Well, not everyone's against the bypass.
The protesters have been making a nuisance of themselves, haven't they? Increasingly.
Right, thanks.
Luke Emmott.
He had a serious bleed about an hour ago.
He's dead.
(Door opens) You bitch.
I don't know what stone he crawled out from under.
the father.
Or his solicitor.
- He's in with Mr Kavanagh now.
- Why? He wants him and me to be witnesses for the prosecution.
The Crown judged it not in the public interest to prosecute Miss Emmott.
My client disagrees.
He feels strongly that her actions led directly to his son's death.
Manslaughter by omission at the very least.
He had wanted to prosecute for murder.
He had? Or the rag that's funding this action? I find your attitude puzzling, Mr Kavanagh, given that you yourself acted in a private prosecution for murder not so long ago.
The cases bear no similarity, Mr Walters.
And as I understand it.
Luke's father hadn't shown the slightest interest in him after the divorce.
Until he was offered the chance to make some money.
That may be the version Miss Emmott puts out, but my client contends it was she who kept him away.
Jehovah's Witnesses aren't exactly famous for their tolerance, are they? Well, whatever.
You can hardly expect me to give evidence against a former client.
A child has died, Mr Kavanagh, thanks to the deliberate and wilful flouting of a High Court judgment.
I would have thought, as a QC.
You of all people would have a keen interest in seeing the rule of law upheld.
(Knock on door) Is he gonna put you in the box, sir, if you don't mind me asking? I don't see how he can.
Client confidentiality.
Besides, whatever the rights and wrongs of what Susannah did, losing her only child seems punishment enough to me without characters like Knight trying to cash in.
- Do you know who his brief is? - No.
- Giles Glazebrook QC.
- Well, that's it, then.
There's no way I'm gonna let him get his hands on me.
Well, Walters says he'll force me to give evidence, even if he has to subpoena me.
What about? The statement I gave to the police.
Well, what aspect exactly? He seemed very interested in the phone call that I made just as they were leaving your place.
And what you told her, that she should take Luke back to the hospital.
I mean, what will she get, worst-case scenario? - Five years, six.
- Six years? Well, that's saying she's a child-killer, plain and simple.
I guess they'll throw the book at me.
Well, the courts don't take kindly to defendants who snub their authority, no.
And you didn't give yourself up.
Even after the protest ended.
Was repressed.
Quite.
Well, fortunately, nothings been added to the criminal damage charge, so your time on the run won't necessarily have done you much harm.
- Sorry about the suit, by the way.
- Hmm.
In the light of what I now know, it's a small sacrifice, believe me.
And well worth making.
Have confidence, Mr Claydon.
So I'm right.
aren't I? I'm under no obligation to give evidence against a client.
Well What? Judgment was given at the High Court on the Friday evening.
And Susannah and Luke arrived on your doorstep the next morning? Yes So the manslaughter charge relates to events that took place after the client/lawyer relationship ended.
But No buts, it does.
Besides, one can never be party to a crime, can one? I wasn't party to it.
I didn't know anything about it till they showed up.
And I strongly advised them to return to the hospital.
Then that's what you're going to have to tell the court.
Ah, but it'll scupper her, won't it? I mean, Glazebrook will make it sound as if she knew exactly what she was doing and went ahead regardless.
- Didn't she? - I honestly don't know.
All I know is, it sticks in the gullet.
- Giving evidence? - Everything The father popping up out of nowhere.
The media cashing in, everyone rushing to judgement.
Luke did die.
He chose to die.
To risk dying.
He was only 13.
Well, no doubt the court will decide.
I know it feels like you're turning on a client, but to my mind you're doing nothing improper.
In fact, I think you've acted entirely properly throughout, as I'll happily tell anyone who ventures an opinion.
Thank you.
After all, apart from that morning at your house.
You've only ever seen her on strictly professional terms, haven't you? Haven't you? Erm What? Nothing.
She dropped some pamphlets round at the house the night before the hearing, that's all.
About the Jehovah's Witnesses.
Ah.
Well, she only stayed for a few minutes.
Anyone else there? No.
Mmm.
Well, that shouldn't be a problem.
I'd have thought.
Believe me, Mr Knight, we're not going to lose.
I can't see that she's got any real defence.
Shame we can't get the whole lot of them.
Put the hypocrites out of business for good.
If only.
Right.
Well, I'll leave you to it, then.
- He really is very grubby, isn't he? - Mmm.
I can see why she didn't want him anywhere near the boy.
Still, with James Kavanagh as one of my witnesses, life is sometimes sweet, isn't it? And give our sister.
Sister Susannah.
The inner fortitude.
and courage.
To overcome this great persecution, in your name, Jehovah God.
And us, the rest of your servants, give us the strength to support her in her trial.
so that your will is done.
And your truth wins out.
Oh.
Mr Knight.
this way.
please.
Mr Knight, this way, please.
So, who's first? What do you think your chances are of winning the case? - How do you feel about that, sir? - No problem.
I hope so, yes.
Mr Kavanagh.
- I saved you a seat.
- Thank you.
But in the melee.
Sergeant.
confusion.
How can you be so sure that it was Mr Claydon who threw the petrol bomb? Because I saw him.
Plain as I see you.
Hmm.
No more questions, Your Honour.
Thank you, Sergeant.
Mrs Gavriel.
Call Darren Prentiss.
What? You let him off a bit lightly, didn't you? It's tactics.
You have to choose your victim with care.
Ah, the security guard.
How the other half live, eh? Mr Thomas Buckley.
Hold the Bible in your right hand.
And read from the card.
I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.
Mr Buckley.
Don't ask.
What's their line of attack? She knew what the risks were.
She knew what she was doing.
She persuaded Luke to run away.
She was responsible.
Do you mind if I sit down? Or is there another one of those rules about not being able to talk to you? Well, yes, there is, strictly speaking.
Someone might think we were colluding.
Well, I'll take that chance.
I can't discuss my evidence with you.
I don't want you to.
I just wanted to thank you for your note, when Luke I meant what I said.
I did what I thought was right.
What Luke wanted.
When he was baptised.
I never saw him so happy.
It's so hard to explain to people I just wish No.
No wishing.
Look, I'm sorry, you're right.
I shouldn't be here.
So, which hand was it, Mr Prentiss? Erm Now there are only two to choose from.
Left and right.
I erm Did he throw it with his left hand or his right hand? Simple enough question.
Mr Prentiss? His right.
- Are you sure about that? - Yeah.
Absolutely sure? Yes.
- You don't sound very sure.
- It was a long time ago.
So you're not absolutely sure? Look, I'm just tired.
OK? Tired? Really? I've been on duty all night.
- You're losing them.
- Nonsense.
So, Mr Prentiss, let's see what else you can't remember, shall we? I, James Joseph Kavanagh, do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.
Mr Kavanagh, I understand you're a barrister.
One of Her Majesty's Counsel.
I represented Miss Emmott in the High Court against St Joseph's Hospital, yes.
The judgment of that count went against her didn't it? That's a matter of record.
Did she tell you how she felt about that? You know full well that a private exchange between a lawyer and his client is confidential.
According to the transcript of the proceedings.
Her reaction was such that the judge had to urge her most strongly to accept the court's findings.
Well, you've got the transcript.
After the High Count hearing.
When did you next see the defendant? The following morning.
- Where? - At my house.
- Was she with anyone? - Her son Luke.
How did you react? I was very surprised.
Did she say why she'd come to see you and not her solicitor, or Mr Buckley, her former boyfriend? After all, she hardly knew you, did she? I think she felt she could trust me.
For advice? Yes.
And did you give her any? I urged her to comply with the ruling and return with Luke to the hospital, but one can understand her problem.
She ignored your considered expert advice? I think she was desperate trying to protect I'm not asking your opinion of her state of mind, Mr Kavanagh.
I'm asking whether she took your advice.
Well, you keep saying "she", but there was a 13-year-old boy involved here too, who, in my view, was quite mature enough to have a considerable say in what All right, Mr Kavanagh, I'll stop you just there for the moment, thank you.
Er, my lord, a point of law.
Ladies and gentlemen of the jury, if you would withdraw.
You, too, Mr Kavanagh.
Mr Glazebrook? Yes, my lord.
I apply to treat this witness as hostile.
Criminal damage? Criminal damage.
ladies and gentlemen of the jury.
is what is being done to Bodley Woods.
And Martin Claydon is not the criminal.
Ladies and gentlemen.
but the victim.
Those forces of evil that seek not simply to destroy an 800-year-old wood.
But to destroy our ancient liberties, our birthright.
Our freedom to roam the English countryside, sans harassment and harm.
In the name of all that's good and decent in this green and pleasant land.
I urge you to find him not guilty.
Mr Kavanagh, I've given Mr Glazebrook leave to cross-examine you.
Mr Glazebrook.
Do you have sympathy for Miss Emmott's actions, Mr Kavanagh? Sympathy is probably the wrong word.
What's the right word, then? Understanding.
- Understanding? - Yes.
I see.
And what is this understanding based on? I don't follow the question.
I'll make it easier for you, then.
A little earlier you said the defendant came to you from the hospital before anyone else, because she trusted you.
- Or so you judged - Yes.
How did she know where you lived? My clerk, Tom Buckley, told her.
I'm sorry? When exactly? A few days earlier when I was preparing the case.
Why? I'd asked him to gather some information on the Jehovah's Witnesses for me.
He asked Miss Emmott to supply it.
And gave her my address.
Why didn't she just send the material to your Chambers? There wasn't time.
The hearing was the next day.
You mean, she didn't send it? She delivered it to your house in person? Yes.
So.
that Saturday morning wasn't the first time she'd been in your house.
then? No.
When was this delivery made exactly? On the night the evening before the hearing.
I see.
Are you married, Mr Kavanagh? - What? - Are you married? Please answer the question.
My wife died earlier this year.
And you live on your own? - Is this relevant? - You live on your own? Yes.
When Miss Emmott came to visit you on the night before the hearing She didn't come to visit me, she came to deliver some documents for her case.
When she came to your house, did you entertain her with alcohol? A small glass of white wine.
But if you're trying to imply On that Saturday morning, after she and Luke had left your house, what did you do? - When exactly? - Immediately afterwards.
At the precise moment they left, I was on the phone.
To Mr Buckley? Yes.
Mr Buckley had phoned me to tell me Luke was missing.
And after you'd made that call, you immediately telephoned the police.
Yes.
And the judge and tipstaff.
That's the Constable of the High Court.
I asked Mr Buckley to inform the other relevant parties.
Mr Buckley? Yes.
- Your clerk? - Yes.
Miss Emmott had come to see you.
You had all the relevant information, details of the encounter.
Yet you gave your clerk this grave responsibility? Mr Buckley is highly responsible.
I've no doubt, but why didn't you do it, Mr Kavanagh? I was going away for the weekend.
I was already late.
I'd been on the point of leaving when they'd showed up.
Your weekend trip was more important to you than the possible death of a young boy? There was nothing more I could do that Mr Buckley couldn't.
- Really? - Yes.
You could have stopped them leaving - No.
- Yes.
- No' - But you didn't.
Not because you thought Luke was old enough to know his own mind but because you were persuaded by the defendant.
No.
An attractive young woman.
Whilst you.
a widower.
emotionally vulnerable, living by himself What are you saying? I'm saying, your understanding of Miss Emmott is based on, well natural instincts, isn't it? It's got nothing to do with Luke at all.
The only natural instinct I felt towards Susannah Emmott, as you so delicately put it, was compassion for someone in a terrible situation.
Compassion? You probably wouldn't understand if you've never been torn apart by the prospect of a loved one dying.
Of being helpless in the face of their death.
But Susannah Emmott wasn't helpless.
Was she? She engineered the whole thing.
You keep forgetting Luke's part in this.
He was a 13-year-old boy.
He was someone she loved! She had a funny way of showing it, then, didn't she? Letting him die.
Letting him commit suicide, practically.
At my house that morning, Luke made it absolutely plain that he didn't want to go back to hospital.
He ran away from hospital because.
to him.
Hospital meant a fate worse than death.
Literally.
He believed sincerely in the teachings of the Jehovah's Witnesses.
In the short time I knew him.
I became convinced of that.
And like it or not Mr Glazebrook.
Understand it or not.
For Luke his faith was more important than anything even his life.
And even though he was only 13.
That's why he wanted to be baptised.
Despite all the risks.
Not his mother, he wanted it, and he got what he wanted.
So who is anyone here to say that his mother didn't show him love, in respecting his deepest wish? And hasn't she already paid the ultimate price? It's not gonna do her any good - your little speech.
She deserves everything she's gonna get for what she did to Luke.
Please don't pretend this is for him.
She twisted him, his mind.
Did you know him at all? What he was like? What he wanted? Oh, and you did.
After what, two days? Well, I clearly knew him a damn sight better than you.
Because he would never have wanted his mother to go through this travesty.
She twisted his mind and killed him.
Her and all her sick religious friends.
Martin Claydon.
you have been found guilty of serious criminal damage to the property of a reputable and respected company, going about its lawful business under the most difficult of circumstances.
A company whose employees and associates have had to endure the most extreme abuse of all kinds.
But respect for the law is clearly not one of your strengths.
Judging from your earlier conduct towards this court.
Perhaps you will {earn some at one of Her Majesty's prisons.
18 months' imprisonment.
Take him down.
"Forces of evil.
“ "This green and pleasant land.
" And roasting that security guy for an hour.
What was that all about, eh? It was a robust examination of his evidence, that's all.
Why didn't you just go and kick him? You would have turned the jury against us much quicker, - and the judge.
- It was nothing personal, I assure you.
- No? - No.
- Mr Claydon.
- Just get out.
Get out! All right, if that's the way you feel about it.
I did what I thought was best.
Honestly, some people.
You know, you bend over backwards to be of help.
And not an ounce of gratitude.
eh? Yes.
It's a lesson you'll learn, I'm afraid.
I've just heard from my man at the court, Mr Kavanagh.
The jury's out.
And they're not expected to be long either.
He said.
It's a bit one-sided.
Court will rise.
Will the defendant please stand? Would the foreman please stand? Mr Foreman.
please answer my next question.
Yes or no.
Have the jury reached a verdict on which you are all agreed? Yes.
On the charge of manslaughter.
do you find the defendant guilty or not guilty? Not guilty.
KNIGHT: Well, thank you very much.
What did you put him in the bloody box for? I don't believe it.
Thank you.
From me and Luke.
He was a lovely lad.
He's at peace.
And you? What doesn't kill you only makes you stronger, with faith.
Well, anyway, I'm glad the jury saw sense.
Oh, I never had any doubt.
The hand of Jehovah works everywhere, Mr Kavanagh, even through you.