Judge John Deed (2001) s01e02 Episode Script

Duty of Care

All right, Barry? Still working on it, mate? Mum, I got it.
350 quid a week.
I start tomorrow.
Tony, are you sure you shouldn't try to go to college? No, it's a waste of time.
I mean, Matt and Luce need things for school.
We need a new washing machine.
Yeah, I'd sooner you'd get a proper education, love.
Yeah, well, I can apply next year.
I haven't even got a flask for your break.
I'll have to try and borrow one from next door.
I can buy one, Mum.
Well, you'd better get a week's work under your belt before you do all this spending.
Not that we don't appreciate it, love.
MAN: All I get from you people is excuses and more excuses! The weather, holdups with the plant, can't get the materials, can't get the labour.
You make me die! I am not interested in your pathetic excuses, sunshine.
Or yours either, or the architect's or anyone else's.
I do not pay you good money for delays.
You want some? I'll give you delays when it comes to your wages.
You any idea how much they're costing me while you're driving around in your fat Mercedes sticking your fat kids through school? Well, what are you? A statue? -I was told to report for work.
-Then get working! I'll go broke waiting for you people.
Nothing has moved round here for weeks apart from your bowels.
All right? Tony, is it? Right, you need to find Misha.
He's around somewhere.
By the digger there, yeah.
Okay, he's a Bosnian lad, but he'll tell you what to do.
Tell that architect I wanna talk to him! (BOSNIAN ACCENT) Get the big piece metal.
Look all around.
Big piece.
Look, this to the dumper.
Yeah? -Small, this, this, not.
This crap.
-Okay.
-Be quick or you lose job.
-Right.
And I lose job.
-Okay? Be quick.
-Yep.
Cheers.
(EXCLAIMING) GIRL: Matthew, give it! Stop it, will you? Calm down.
(DOORBELL RINGING) -Can I talk to your mum? -Mum.
-Mrs Cootes? -Yeah.
Can I come in, love? It's about your son Tony.
What? What? -What? -I am so sorry.
(WAILING) Is he around, Mrs Cooper? I'd like a word.
He's very busy, Mrs Mills.
I'll see.
-Mrs Mills would like a word, Judge.
-Yeah, sure.
-That looks excruciatingly uncomfortable.
-It is.
-Drink? -No, thanks.
I've got a problem with a case I'm prosecuting.
Oh, don't tell me more innocent villains stitched up.
-Where did you learn this bias, Jo? -I wonder.
We're running manslaughter against the foreman and manager of a building site where a 1 9-year-old was crushed to death.
-Who are you in front of? -A purple.
Judge Joan Randall-Morgan.
Oh, she's not pretty but she's pretty no-nonsense.
-Are they pleading guilty? -I'm not sure they should be there, in spite of the inquest verdict of unlawful killing.
The CPS came close to running corporate manslaughter with Mike Briggs in the frame.
Yeah.
Charges were laid and his lawyers prepared a defence and then days before committal, the charges were withdrawn and Briggs squirms away, leaving the two employees in the frame.
Presumably with no corporate responsibility.
What's the CPS saying? Well, they're now saying there's no line of culpability to Briggs.
I think they were leaned on.
Hmm I know he's well-connected but even so.
Putting lowly hirelings in the dock is not gonna make companies take their health and safety obligations seriously.
The CBI would argue they already do.
It's never the company directors that get hurt.
What's your problem with Joan Randall-Morgan? I don't know.
(SIGHING) She's not likely to go to the wire on this.
Her husband works for the Institute of Directors.
Then ask for another judge.
We've got very clear guidelines on what sort of connections require us to step down.
Oh, no, you're not thinking of asking me to take it? You might be concerned enough to see the right people in the dock.
No, not unless the CPS is up for it.
They'd have to reinstate the corporate manslaughter charge.
Jo, if the evidence isn't there That wasn't my opinion.
Because of Briggs's connections, everybody's view was canvassed.
The HSE, the Home Office, the LCD, the Cabinet Office.
Oh, yeah.
When is it set down for? But the two defendants are employees.
Well, the prosecutor thinks the wrong two are up.
I'd like to see if I can reinstate the corporate manslaughter charge, put the managing director in the frame.
It's very tantalising, John.
But I don't see the government letting you get that sort of scalp on your belt.
I thought we were supposed to be independent of the Executive.
So did I.
I'll tell the resider.
Can I help, my lord? I'm looking for the Queen and Zajas and Forsyth, The papers have gone to Judge Randall-Morgan, my lord.
There's been a change.
It seems I'm hearing it.
Is there a copy of the papers? Yes.
Thank you.
LCD, Laurence James.
This is Norman Children, the List Manager at Highfield, I was told to call this number about Mr Justice Deed.
Is he misbehaving again, Mr Children? Might be something for Sir Ian.
He's just snatched a case another judge was set to hear.
Do we know why? Would you like to continue the opening, Mrs Mills? My lord.
According to the Health and Safety Inspectors' report, marked 1 C in your bundle, everything that could possibly be wrong on this building site was wrong.
An absence of adequate training, lack of safety overrides on machinery.
Some of the plant on site was found to have 1 7 potentially lethal defects.
Wrong equipment was used for lifting, inexperienced personnel were allowed to drive machinery, a lack of supervision.
It was such a practice that led to the fatal injury to Tony Cootes.
And the reason this was done was to cut costs.
Everything about the company that owns the site was geared to maximum profit regardless of Health and Safety.
We calculated that the owner of the site has saved £6,000 in three months by ignoring Health and Safety.
Some of you may have sons or grandsons of a similar age to Tony Cootes and be shocked that so little value could be put on this young life.
With Your Lordship's leave, may I call my first witness, the Health and Safety Inspector, Gwyn Headley? Before you do, Mrs Mills, can you tell us what the lines of responsibility are on this site? Is it owned and run by Briggs? It's owned by Briggs, my lord, but it's run by the contractor, Jack McNaulty PLC.
Do directors of either company oversee the running of this site? Well, it's mostly done by the site manager and the clerk of the works.
However, Mr Briggs is a hands-on managing director and frequently visits the site to hurry things up.
Are you calling him as a witness? We have served him with papers, my lord.
He hasn't responded.
Well, make sure that he does.
I don't want Mr Briggs to shirk his responsibilities.
It's plain what he's up to, Mr James.
He's out to nail Mike Briggs.
We're sure the department would like someone big brought to book for corporate manslaughter.
Speaking as a lawyer and a politician, Mr Children, we see a discrepancy within the government.
They want to be nice and cuddly to the plebs but don't want to obstruct the wealth creators by pushing up industry's costs and slowing growth.
Mr Justice Deed might come unstuck if he picks on Briggs.
Keep me posted.
I'll have a word up the road about developments.
Inappropriate equipment was being used.
The excavator on site should not have been used for demolition.
Had the company been warned about this? Yeah, we'd written to them several times.
We even threatened to close the site.
If they had failed to rectify these wrong practices, Mr Headley, why wasn't the site closed down? Pressure of work, my lord.
We often can't follow up as we should.
I see, then, perhaps there was fault on both sides.
Yours the sin of omission? Do you know why the contractors didn't respond? They were behind schedule and under a lot of pressure from Mr Briggs.
Once when I was on site, he personally threatened to sack people.
I believe he'd been there the morning Tony Cootes died.
DEED: Thank you.
This is everything I could find relating to HSE's responsibilities.
Thanks, Coop.
I'm not gonna let the company escape its responsibility because the HSE is overstretched.
There's a woman front right on the public benches.
Her face is haunting me.
That's Mrs Cootes, the dead boy's mother.
She shouldn't be in before giving evidence.
For compassionate reasons, defence waived any objection to her being in.
Find out if there's anything she wants, will you, Coop? Some sort of justice would be a start.
Mrs Cootes, some of the events I'm going to take you through might be painful.
If you want me to stop, please say.
Can you tell the court why your 1 9-year-old son was going off to work on a building site rather than, say, university? He couldn't afford to go to university.
I'd been made redundant.
The building society that I worked for had been taken over.
His father left us years ago and didn't pay any maintenance.
Tony wanted to be the man of the house.
He was.
Cost him his life.
He had no life.
I'm sorry.
Did I answer the question? Mrs Cootes, you've nothing to be sorry for.
Emotions often overwhelm us in these circumstances.
Just take your time.
How did Tony get the job on the site? From the Jobcentre.
Experience wasn't necessary as long as you were fit.
Tony was very fit.
He did lots of sport.
Had he done this kind of work before? He had worked on local farms and he wasn't scared of hard work.
DEED: He'd had no injuries on these farms? No.
He was good with machines.
Did he say whether he expected any onsite training? My lord, might I examine the witness? Yes, of course.
Was Tony getting any training? No.
I asked other employees.
There was no training at all.
Did you find out why that was? The company seemed to think it was a waste of time for casual labour.
I must object to this line.
It really is hearsay.
Yes, I tend to agree, Mr Peters, but I am going to allow it.
Other witnesses can speak to evidence of the system.
I will remain alert to make sure it doesn't stray beyond what is permissible.
You can go on, Mrs Cootes.
There have been 37 accidents on sites run by McNaulty, the contractor.
Three of them fatal.
A man lost his fingers trapped under steel work on the same site.
Was this worker more experienced than your son? He was a general labourer who had been working for one week.
He had no insurance card or P45.
And did the Health and Safety Executive make any response to that case? They claim there was no breach.
Do you know if there was? -My lord.
-Yes, all right, Mr Peters.
I'm letting my desire to get at the facts outrun the present law on hearsay.
I never compiled chapter and verse on any other incidences but can I What I did discover was a relationship of mutual dependence between the inspector and those he inspects.
The system doesn't work.
And the courts do almost nothing.
And the families of working people are left to cope alone.
If we find that that is so, Mrs Cootes, I will do my best to remedy that situation.
COOPER: Mrs Cootes is right about the Health and Safety, Judge.
My husband's always going on about how the inspectors are in the employers' pockets.
Human nature, I'm afraid.
Mr Justice Nivan asked if you could meet for lunch.
-Did he say if it was social? -I took it it wasn't, Judge.
Charlie phoned.
She wants to come for lunch.
Twice in one week? She must be short of money.
Say yes to Michael Nivan.
-I'm having the shepherd's pie.
-Bad for your heart, Michael.
It's not real mince, Sir John.
It's soya.
In that case, I'll have it as well.
I've had a call from Sir Ian Rochester.
I'll bet that did neither of us any good.
He wants to know if you're going after Mike Briggs.
What did you tell him? That I thought that you were trying two employees.
Is this personal between you and this Ian? Should it be? One can't help but hear the rumours about you and Lady Rochester.
I think she's given me the elbow.
(MOBILE RINGING) Francesca's phone.
Hello? Who is this? There is no case to answer here.
The Crown, and specifically the HSE, has failed to make a case.
Failed in a lot of ways, Mr Peters.
They've made a case here.
It's a matter for the jury.
Can we have them back? -I take it you will be calling your client? -Yes, my lord.
It not my fault the boy die.
I lose my job I don't get contract back on time.
My wife and children in Bosnia suffer.
I tell the boy, ''Keep away from the building.
'' I tell.
They tell me, ''Misha, hurry up.
'' Hurry up all the time.
Thank you, Mr Zajas.
Did someone tell you not to waste time on Health and Safety? I no remember.
Well, as foreman of the site, wasn't it your responsibility? No.
Big man tell.
He tell, ''Quick, hurry.
'' You mean the site manager, Craig Forsyth? Not he.
He not tell.
Well, is this big man in court? He not in court.
He own everybody.
Is this big man Mr Briggs? Mr Zajas, was Mr Briggs, the employer of the main contractor, on site giving orders? Many time.
Did he tell you to ignore safety? Yes.
He said, ''Don't waste time.
Job behind.
'' -He your new boyfriend? -It's a she.
What's wrong with her.
Is she ill? -She's scared.
-Yeah, I can see that.
Where did you get her? I'll just get rid of this.
-She's scared out of her wits.
-She's been really badly treated.
I'm not surprised, peeing on people's carpets.
She needs to be in the country with people who treat her right.
You didn't tell me where you got her.
A friend.
I'm trying to re-home her.
You know I can't keep her at college.
No.
No, I don't need a dog, Charlie.
Especially one that's not housetrained.
But your servants could look after her.
Just until I find her a new home.
No.
The way they treat us at the digs, she'd be better off at Battersea.
-Absolutely not, Charlie.
-You're scaring her.
I don't care.
You're not putting her here.
Find somebody else.
Fine.
I will.
Fine.
(DOOR SLAMMING) Can I get you anything, Judge? Yeah, you can find a cleaner to clean this carpet.
The place smells like a urinal.
She couldn't help it, Judge.
Don't give me an argument! Just do as I ask! DRIVER: You just get out! Thanks a lot.
You're not going to achieve what it is you're after, Jo.
Would the Crown accept a guilty plea to something less with those two in the dock? What is it you're suggesting? Got anybody sympathetic at the CPS? Perhaps someone who's sick of being told by their line manager to compromise on justice? Just about everyone there.
This person would need to do the paperwork to reinstate the corporate manslaughter charge with the managing director attached.
If the evidence is there, persuade the CPS.
It's the only way you're going to get justice for Mrs Cootes.
And if you just go for the company alone, the law, as it stands, makes it impossible to secure a conviction.
The directors will just blame each other.
If the site manager can show a direct line of culpability straight back to Briggs, then that might send a signal to companies to look after their employees.
Would you like to have dinner? You have one new message, DEED: Charlie, don't do this to me, I'm sorry, I'm sure we'll find some sucker to look after her, (MOBILE RINGING) Charlie, where are you? Just been put off the bus.
The dog was sick on the floor.
Will she vomit in the car if I come and get you? It wasn't her fault.
She's never been on a bus before.
Where are you? Chas, this doesn't mean I'm having the dog.
You still haven't told me where you got her.
Okay, she was rescued.
From a research lab.
-We agreed you wouldn't do anything risky.
-I didn't do it.
That's a start.
It was probably part of some vital medical research.
There's no such thing.
There's perfectly viable alternatives.
Look, all I'm doing is re-homing a dog.
She's been living on concrete.
She doesn't even know what grass is.
Thank God for that.
I wouldn't want to get mixed up with a dope-smoking beagle.
You do realise you're in receipt of stolen property? If I take her back, they'll kill her.
That's what they do.
Maybe we can buy her.
What are you gonna do? Announce that we've got one of their dogs? Forget it.
I'll try Mum.
Oh, Charlie, she'll shop you faster than a supergrass.
She likes dogs.
Oh, yeah, great, fine.
Maybe she'll talk some sense into you.
(MOBILE VIBRATING) Hello, George Channing.
Oh, hello, Charlie.
How are you? Keeping out of trouble, I hope? Yes.
It's dead boring, Mum.
That's what it's mostly like being grown-up.
I'm trying to avoid it.
Look, I've got a favour to ask.
A what? Thanks a lot.
Did you get a result? Well? She would take her if it was the weekend.
Can't we just leave it here? Why don't you? (DOG WHINING) You'd better pray nobody comes knocking on my door asking me where I got you.
Come here.
Come on.
Don't even think about peeing.
This is carpet, not concrete.
Why don't you help yourself? -She's been quick to settle down, Judge.
-She's not staying.
Meanwhile, do you think you could perhaps find her some food? Maybe a name tag? What's she called? I don't know.
Never had a name.
She's got a number.
Well, I don't know.
Call her Rosie.
Fancy a sandwich? You're a right little eating machine.
Let's see if we can sneak you into the digs.
The lodging's book of etiquette does refer to dogs, my lord.
I'm afraid the senior high court judge's dog takes precedence.
Michael Nivan doesn't even have a dog.
My daughter dumped her on me.
She hasn't found a sitter yet.
Is she housetrained, my lord? I hope so.
She's 21 .
See if you could find us some supper, would you please? Come on.
Mr Forsyth, how often did Mr Briggs visit you on site to give you direct orders? Not often.
But when he did, he really did.
You had overall charge of the site? Yes.
But he he really let you know that he was the boss.
On the morning Tony Cootes was killed, what sort of a mood was Mr Briggs in? He was furious.
Ranting on at everyone for wasting time and costing him money.
He said ''I didn't get to be one of the richest men in England by being idle.
'' MILLS: Is that why you neglected to train people coming onto the site? Well, we had a training programme.
Safety checks.
It was Mr Briggs said it wasted too much time.
You were in charge of the site.
You were responsible for such implementation.
Yes Why didn't you carry out checks and training after Mr Briggs had left? Well, I, um I didn't want the job to fall behind, my lord.
Are you saying Mr Briggs ordered you to neglect safety? Well He said that, you know, if things didn't pick up we'd all be on the dole.
MILLS: Why didn't you point out that such practices were in contravention of Health and Safety? Well you didn't point that out to Mr Briggs.
Loss of job might have been preferable to a loss of life, Mr Forsyth.
MILLS: Thank you, Mr Forsyth.
I'd like to see counsel in chambers.
This is a procedural matter, it should take a little time, so I suggest you slope off and get a cup of coffee.
1 5 minutes, Mr Harrison.
USHER: All rise! Coop, see if you can organise some tea for us, would you, please? Unless anybody prefers a Coke or something, yeah? Ah, no thanks.
Is she all right? Oh! Do you want a dog? I'm trying to re-home her.
I'd love her.
Wouldn't I, precious? But unlike you, I can't take her into court.
It's clear that Mike Briggs played a significant part in this lad's death.
I'm going to suggest changing the charges and the plea for those two in the dock.
What was Mike Briggs charged with originally? He was charged in his own name with manslaughter, and his company, Mandle PLC, was charged with corporate manslaughter.
Yes.
If those charges were to be reinstated I think it would more accurately reflect the injustice done to the boy and his family.
Would the CPS reinstate those charges? Well, I have spoken to them at length.
They would be up for it.
In that case, would your clients be prepared to plead to the lesser Section 33 in the case? Would there be an indication of sentence were they to do so? Well, if you were to take this dog off my hands, Mike, I'm sure I could prove very lenient.
(ALL LAUGHING) I thought this had all gone away, George.
-So did I.
-Have they got any idea of who I am? What I own? I give people work.
I pay good wages.
They're calling me a murderer.
I understand your anger, Mike.
We'll argue it was an abuse of process.
I have heard that I'm getting a knighthood this year.
Well, this will put an end to that.
Did you get your letter from the Palace? No.
Someone in government told me I'm in the next wave.
I can hardly see Her Majesty conferring a gong on me for services to industry with this hanging over my head.
It's outrageous.
Mike, as I told you before when this came up, I'm not your best choice of barrister for something like this.
-That's what I've been telling him, George.
-Why don't you just shut it, Clive! I know what I want.
I pay for the best, I get the best.
These are common law criminal charges.
That's not my speciality, Mike.
I could recommend someone.
I am not a criminal, George.
I do not need a criminal lawyer.
What I do need is someone who can put herself about a bit and make this go away.
Failing that, I need someone in court I can trust.
And that, George, is you.
Well, I'm flattered, Mike.
If we can't make this go away the worst case scenario is your company getting a fine.
-First, we'll see about getting a delay.
-Delay! I don't want it delayed.
I want it out of the way.
I'm sure your gong is safe.
My regional boss is not very happy about Briggs being put back on the indictment.
-Has he looked at the evidence? -Oh, it doesn't make any difference, Jo.
He's getting pressure from Court Services.
CPS isn't gonna back out, is it, Helen? You persuaded me it was right.
The judge thinks it's right.
We cannot let Mike Briggs bully his way out of this just because he is rich and well-connected.
I'm just warning, it might mean trouble.
People at the CPS are giving me a hard time.
You knew it wasn't gonna be easy.
Case is sound.
This is politics.
What is it you want me to do, Jo? Look at my argument.
Strengthen my hand with the CPS.
No.
It could put me out of the game completely.
I shouldn't even be talking to you like this.
Oh! Oh, I thought lunch was about getting me into bed.
Well, it's about time.
You've been the romantic love of my life since you were my pupil.
Hasn't Lady Rochester taken that place? These things don't last, Jo.
You think me foolish for pursuing her? She's an attractive woman.
She's also married.
Not happily.
Doesn't need you to decide things for them.
Get the boy's mother to leak something to the press about Briggs's political connections.
That'll persuade the CPS to stay in.
Oh, John.
Pop her round the green, would you please, Stephen? You may have to run for cover on this corporate manslaughter.
I've had a call from the LCD, they wanna know what's going on.
What are they gonna do? Stop my expenses? They think Briggs is not an appropriate target.
Fine, Michael.
I'm all for abandoning principle for political favour.
Yes, well, it does sound pretty sordid when you strip out the niceties.
Ian Rochester suggested a meeting to help clear things up.
Things are crystal clear, Michael.
The government plans to bring forward new legislation in the area of corporate manslaughter.
The legislative advantage of going for Briggs isn't certain, against what might be lost.
-Any more? -No, thank you.
Mrs Mills thought the case was sound.
There is neither vicarious nor direct liability on the part of Mr Briggs.
It's doubtful if the evidence would be sufficient to convict.
Have you examined the evidence? I've examined all the CPS has.
Are you an expert in the field? We try to keep abreast, Sir John.
Yes, so do we, Mr James.
What we don't want to do here, as a result of failing, is make the CPS more nervous about going after others.
In your opinion, is there a direct line of responsibility between Briggs, the ethos that he created within his company and the boy's death? -Absolutely.
-There.
The CPS sought my opinion on this and got it in writing.
If you fail, or get overturned on appeal, the damage will be immense.
For whom? Political cronies? If the evidence is as strong as Mrs Mills says it is, we might get the right person into jail.
If we believed that were possible, we'd support you 200% .
Don't patronise me.
Your boss leaned on you to protect Briggs's political donations.
Is there evidence of that, Sir John? If there was, it would be the stuff of headlines.
With the utmost respect, Sir John, this mustn't be seen to be in any way personal against Briggs.
I don't distinguish wrongdoing under the law.
If a young striking miner can be held responsible for his lawless actions, why not a frustrated tycoon for his? The point is how direct is that responsibility? Isn't the place to test that in court, Sir Ian? No.
The DPP should decline to proceed.
If he does, I will fight you in public.
I can't let you do this, John.
The fallout would be too great.
How are you gonna stop me? It would be useful to know the dog is stolen, Stephen.
What makes you think it might be? I'm a policeman.
Her appearance coincided with the theft from the lab.
No name.
Not housebroken.
A scar on her ear where an identification tattoo was almost certainly removed.
Then I think we have to find some way to stop the judge being embarrassed by this.
Hm? MRS COOTES: Judge GUARD: Oi, you! please don't let him have died in vain.
No, no.
Stephen, Stephen.
It's all right, Stephen.
Relax.
-Mrs Cootes.
-Yeah.
My Tony loved dogs.
You feel that prosecuting the managing director will help? Not if he gets a small fine.
It's like a parking ticket to a rich motorist.
There's never been any will on the part of government to punish them.
I can't promise to get those responsible into jail.
What I'm up against is the inadequacy of the law and the reluctance on the part of the government to make it more robust.
Well, isn't that all the more reason for a judge to act? Yes, but there has to be strong evidence.
Otherwise, they'll be stopped, or overturned.
The precedents that have stopped other judges in previous attempts would also block me.
What sort of evidence? Smoking gun in the hands of Mike Briggs.
Is this the smoking gun? -Where did you get this? -It was sent to me through the post.
DEED: Has the prosecution seen it? DEED: The case has been put back.
-Briggs failed to surrender to custody.
-I heard a rumour.
The CPS will be relieved.
They're desperate for you to finish your term here, so they can put him in front of another judge.
They'll be unlucky.
I've reserved the case to myself, no matter how long I have to wait.
Briggs doesn't accept he can be prosecuted.
Well, have I got news for him.
Possibly he forgot the memo he sent ordering his staff to ignore Health and Safety directives.
-Are you serious? -Mrs Cootes doorstepped me.
It is a smoking gun if you can introduce it.
If we can get him back into court.
I believe he's gone abroad.
Fine, I'll issue a bench warrant for his arrest the moment he returns.
Joe, how are you? My God, it's hotter here than it was in Spain.
Michael Briggs, I have a warrant for your arrest.
What is this? A wind-up? -It's no joke, sir.
You are under arrest.
-Where's the hidden camera? -If you'd like to come with us, sir.
-Are you serious? Very serious.
Thank you, sir.
James, get this sorted.
Did you hear me? (DRAMATIC INSTRUMENTAL MUSIC PLAYING ON TV) My client was arrested as his plane landed.
-Was he given bail? -Not without a great deal of fuss.
He had to surrender his passport.
The charge is a serious one.
He has a habit of disappearing abroad.
-You can't do this, John.
-I've done it.
You're defence council.
Not my ex-wife.
You've got a complaint, raise it in court.
You really do have a grudge against successful businessmen.
I suspect it's to do with your own impoverished background.
Doubtless you can cite that in any appeal.
You think my client's going to lose, do you? I can cite that as judicial prejudice.
George, I have seen the evidence.
-I'd get Briggs under starter's orders if I were you.
-Oh! The Stop Mr Justice Deed campaign is doomed before it begins.
The fact is you cannot stop a high court judge when he's behaving perfectly correctly.
Not unless you wish to bring the law into disrepute.
-That's what he's doing, Daddy.
-Oh, no.
He's using the law for the purpose it was constructed, to bring justice to the common man.
Are you telling me my client has to suffer the indignity of this trial? I'm afraid he does.
And to add to his indignity, it will be under Deed's jurisdiction.
Unless you can show good cause.
His blatant bias? Deed is bound to overstep the mark.
He'll almost certainly be overturned on appeal.
But for now, your client has to face trial.
Who's been instructed? He's foolishly insisting that I represent him.
Good.
You're not a criminal QC, George, but you're an excellent advocate.
You should get out there more often.
See what you're missing.
USHER: All rise! Miss Channing, I realise one of the defendants, Mr Briggs's company, Mandle PLC, is a difficult abstraction to bring into a courtroom, but is the other defendant, Mr Briggs, not in court? (GEORGINA CHUCKLING) Yes, he is.
He's here, my lord.
Yes.
I see him there.
I don't see him in the dock.
I'm sure it seems unfair to you, Mr Briggs, that we have to ask you to suffer the inevitable prejudice of being in the dock, but this is not a civil action.
No doubt your legal team is unfamiliar with criminal procedure.
You must surrender to the Dock Officer.
Do I have to do this? You'd better do as you're told, Mike.
Some of them are such pedantic twits.
Would you speak up please, Miss Channing? I said if you insist, my lord.
Oh, I do.
I can be pedantic to the point of twittery.
(GEORGINA WHISPERING) My lord, before we move to empanel a jury, I'd like to submit there is no case to answer on the manslaughter charge.
The CPS seems confused over the precise nature of the manslaughter test.
They appear to have applied an objective test to his safety policies, whereas the proper test was subjective.
A prima facie case exists at this stage on any test, objective or subjective.
As I understand it, Mr Briggs had no safety policy.
Mr Briggs wasn't responsible for safety policy, not at the site or anywhere else in his company.
If my learned friend would let the prosecution open its case before making her submission of no case to answer, she would hear evidence of Mr Briggs's culpability.
Yes, I think that would be, by far, the most sensible thing, Miss Channing.
I look forward to your submission later.
Let's have the jury panel.
(GEORGINA WHISPERING) They're very young.
Come on, Rosie.
Come on.
The facts of this case are straightforward.
On the 1 0th of March, Tony Cootes, a 1 9-year-old, arrived to work at a building site controlled by the defendant.
I object to the inaccuracy of the prosecution's opening remark.
The site was not controlled by my client.
Well, we'll hear that in evidence, I'm sure.
The building site was owned and controlled by the defendant through his patronage My lord, I object to the constant use of ''defendant'' by prosecuting counsel.
She is trying to impugn his reputation by association with the legion of criminals who have stood there.
You see, this is a point which concerned me greatly when I was a barrister.
When I started, the defendant was called ''prisoner at the bar''.
I'm sure the prosecution will use the prisoner's name instead.
Mr Briggs owned the site.
Mr Briggs employed the main contractors.
Mr Briggs, through his company, Mandle PLC, has a controlling stake in McNaulty's, the contractors.
Mr Briggs was on site, bellowing orders, the morning Tony Cootes arrived to start work without any prior training.
The absence of training, the same as the neglect of safety provisions, was as a direct result of Mr Briggs's orders.
Nice dog.
Who was he? Did he have any ID? I didn't think to ask.
I'm sure it was a policeman, the way he asked questions.
And he wanted to know how long I'd had her? He was most particular about that.
Are you any nearer to finding her a home? The police have been asking questions about her.
They wouldn't dare move against someone as powerful as you.
I have to obey the law like everybody else.
-How is it the law doesn't protect Rosie? -It's meant to.
Just like it's meant to protect Tony Cootes.
Laws are in place to protect both of them, it's just there's nobody to enforce them.
-What are you gonna do? -Arm myself with the law.
Make myself as powerful as you and Mrs Cootes think I am.
MILLS: You'll be told by defence counsel how many thousands of jobs are now at stake.
But the question you'll be asked to decide is how many jobs are worth a human life? What the prosecution will clearly show you is the direct line of responsibility Mr Briggs took for safety when he instructed his contractors not to waste time.
Miss Channing, Laurence James.
Yes, I've read some of your articles in The Times legal section.
Its reach is wide.
If I can be of any assistance, I have people at the LCD working on this case.
We're looking for a way to take it out of court.
-Are you intending to share this? -I think that would be highly improper.
-Of course it would, Mr James.
-I'm sure we'll run into each other again soon.
Was Sir John always a dog lover? -Not in my time.
-George! George! They've taken Mike down to the cells.
He hasn't had his bail renewed.
You forgot to ask for it to be continued at the first adjournment.
Of course, our dear judge didn't remind us.
How annoying.
GEORGE: Coop.
-Why hasn't my client been released on bail? -I received no application for bail to continue.
-Are you trying to make a fool of me? -I'm simply obeying the rules.
I want him out on bail! Well, I won't object, George, but application for bail has to be before me in court.
-Court has adjourned.
-You can be so maddeningly small-minded.
-Do you want me to beg? -Let's hope they haven't carted him off to jail.
-Would you like a glass, Laurence? -I won't, thank you, sir.
We're in training.
Pity.
I hate drinking by myself.
It almost makes one look seedy.
Not even a dry sherry? -Well, perhaps just a -Perhaps not.
What have you got? One of our researchers came up with something that might knock Briggs out of court.
Is crediting a colleague generosity or a hedge bet, in case it doesn't work out? It looks solid, Sir Ian.
In strictest confidence, Laurence, I had a note from the Cabinet Office.
It would be appreciated if Briggs could be booted out of touch.
Show me.
Denning in Bridge v Neways Mining, There were insufficient pit props and the shaft collapsed.
The MD had told the managers to put less in to save money.
Denning overturned the manslaughter conviction on the ground that those responsible for doing a safe job should have behaved responsibly and ignored the foolish employer.
Mike Briggs could be regarded as such a foolish employer.
He won't enjoy being called a fool, but I'm sure he'll live with it.
John? Oh! Hello, you.
Now, the housekeeper was complaining about you stealing a whole packet of sausages.
She doesn't have very good taste, Michael.
No, nor your dog.
(CHUCKLING) Um, I'm being lobbied, on behalf of your ex, to get you to dump Briggs.
I should be outraged.
I'm not surprised.
If it wasn't such an important case I'd declare a retrial and absent myself from it.
She's done her homework, John.
Denning in the Neways mining accident.
Well, I'd best do my homework as well.
Thank you, Michael.
As managing director of a large corporation employing over 4,000 people, it wasn't and isn't my client's responsibility to attend to the maintenance of safety throughout his business empire.
Indeed, it would be an unreasonable burden upon him.
Therefore, it is unfair to hold him responsible.
May I point you to Lord Denning's judgement in the Bridge and Neways Mining Disaster appeal? The conviction against the managing director was set aside because it was deemed unreasonable for him to concern himself with the day-to-day running of Health and Safety.
One man can't reasonably do this in a company employing beyond a certain number where contact can't be made on an individual, first-name basis.
Therefore, my client was wrongly indicted with this offence.
Yes, thank you.
Yes, the authority is good.
It might have carried your argument, Miss Channing, were it not for the fact of the directing mind.
I think that Lord Justice Brockway in the Red Burger chain electrocution is a better authority here.
Let me see if I remember this correctly.
When an employee was electrocuted, the owner of the burger chain was indicted for manslaughter, having been the directing mind.
He told the manager of the branch not to waste time and money checking all of the equipment.
Lord Justice Brockway spelt out the rule very clearly, when a company director is on site, and becomes personally involved in Health and Safety matters, and especially when it also involves cost-cutting measures, then he or she is bound to be held legally responsible.
So I think your argument, founded upon Bridge and Neways, falls when counterposed here with Lord Justice Brockway.
(WHISPERING) Let's have the jury back.
My lord, I think Lord Denning is the higher authority on this.
Rank doesn't count in the Court of Appeal, all their judgements are equal.
I remind you that I have ruled on this.
I would like an adjournment to refer this elsewhere.
Well, I would've thought that even you would know that in a criminal trial on indictment the right to appeal any aspect only arises at the conclusion of the case.
This is pure prejudice.
You're not being fair to my client.
If you seek to disrupt these proceedings with spurious argument, I will hold you in contempt.
I hold you in contempt for what you're doing.
Miss Channing, if you continue, I'll have you removed.
You're being childish and contemptible Will the Dock Officer remove Miss Channing to the cells, please? Right, let's have the jury back.
I won't be kept here like a criminal.
(CELL DOOR SLAMS) (MOBILE RINGING) What, what do I do? Thank you.
Hello? Daddy? It's George.
I'm in a cell.
-What? -Deed put me here.
It's an outrage.
You must have done something pretty serious, George, for a judge to put a QC in a cell, Well, it's nothing to do with now, Daddy.
It's ourpast.
You'd have an awful job trying to prove that.
I expect he'll turn you loose.
-Eventually.
-It's now I want out! He's making me look ridiculous in front of my client.
Well, there's only one way.
You must purge your contempt, by apologising unreservedly.
Like hell I will.
Can you do nothing? Only the judge who put you there can release you.
-You must apologise.
-I'll die first.
-What? -I have to take that, madam.
-Hello? -Oh.
Damn thing.
Turn it off, would you? Hi.
I might have known you would exact every kind of meanness.
I came in the adjournment to get you out.
Not before time.
-Well? -First you have to purge your contempt.
You must be joking.
Not before hell freezes over.
Okay.
ADVOCATE: Isn't it true to say, Mr Forsyth, that the whole thrust of your evidence is characterised by the fact that you were trying to wriggle free from all responsibility? FORSYTH: No.
I'm indicating where responsibility lay.
ADVOCATE: Well, didn't you plead guilty in your own trial in return for a non-custodial sentence, provided you gave evidence against Mr Briggs? No, I pleaded guilty -to the extent of my responsibility.
-Release her.
Do you seriously expect the jury to believe that an experienced site manager doesn't have overall responsibility for safety? Look, Mr Briggs told us to ignore anything that delayed progress.
Now, he would have fired me if I had ignored him.
As the judge so eloquently put it, your job was more important than a life? No.
Of course not.
Then why heed an order that ignored Health and Safety when in so doing you were breaking the law? Be -I was told to do so.
-And doubtless told you could wriggle free if you drew someone more senior in.
No further questions.
-Do you want to come back, Mrs Mills? -My lord.
Was it normal practice for people in authority to make site visits and give you orders? Yes, the architect would tell you what to do, the client would tell you what to do.
You did what they told you to.
Well, yes.
I mean, that's how the relationship works with people above you.
Are you saying it wasn't unusual for the MD of the company employing the contractor -to give you instructions? -No, it wasn't unusual.
Thank you, Mr Forsyth.
Does Your Lordship have any questions? No.
Thank you.
-So you've come back, Miss Channing? -Yes, my lord, I Prosecution would like to call Mrs Cootes.
Mrs Cootes, can you tell the court Tony's feelings on getting a job? My lord, I must object.
His feelings can have no bearing on the material fact.
My lord, I'm endeavouring to show the atmosphere in which he approached his job.
Don't see how this helps us, Mrs Mills.
MILLS: Mrs Cootes, since the tragic death of your son approximately 1 1 months ago, can you tell us how you've been occupying your time? I must question the relevance of this.
Throughout, my client has steadfastly maintained his innocence.
His being subject to this trial is costing him a great deal.
I hardly think it fair that the prosecution takes a charabanc around what the deceased's mother has been doing.
This is germane.
Mrs Cootes has made herself an expert on the ways the company worked.
Don't stray too far from the point.
Is she allowed to keep interrupting like this? Do you mean defence counsel? Yes, if she feels she has a valid point.
You are also at liberty to ask any questions you want, at any time.
-MILLS: Mrs Cootes? -I've been studying the enforcement, or the consequences of lack of enforcement, of Health and Safety regulations on the health and safety of -This is not relevant.
-I'll decide what's relevant.
DEED: Mrs Mills.
-Michael, how nice.
-How are you? This is Mike Briggs.
I hope you don't mind, we've a con later.
Sir Michael.
You really ought to try to dodge John, you know.
Might avoid a total disaster.
Well, isn't this cosy? Aren't you going to introduce me to your aunty, John? -You go too far, George.
-Oh, I'm so sorry! It's Jo.
I didn't recognise you.
Haven't got my contacts in.
Oh, is that why your eyes are so red? Or have you been weeping with your client? I see you're still helping the Third World poor, buying your clothes from Oxfam.
I may wear dead people's clothes but I didn't actually kill them.
-What's that meant to mean? -Work it out.
Your client will help you.
Excuse me? What have I ever done to you? It doesn't take rocket science to work out why so many rulings are in your favour, Jo.
MILLS: Your arguments were never sexy enough for him.
DEED: That's enough.
Come on, let's go.
GEORGE: Bitch.
Yeah, you're right, it's rubbish.
-Oh, how gallant you are.
-One of us has to leave, Mr Briggs.
I don't see why.
We're both grown-up.
I didn't kill that boy.
I don't know anything about him.
Look, we really cannot have this conversation.
Your barrister made an error of judgement in bringing you here.
I told her to.
I wanna talk to you.
I don't think that's a good idea.
Let's leave, Mike, before he bangs us both up.
BRIGGS: I deal with people directly, call them up, tell them what I want personally.
Possibly, that's why you're in court.
Excuse me, I have to walk my dog.
-What's wrong with him? -I'm sure George will explain, in words of one syllable.
-I daresay you know which are his rooms.
-Oh, yes.
You lot always this charming to each other? I did warn you about instructing me for this, Mike.
Oh, don't worry about it, Georgia.
I've got no plans on going to jail.
Even if I have to go in the judge's chambers and straighten this.
(CLEARS THROAT) Do we have anything further for Mrs Channing? A new submission of no case to answer? We've dropped a few hints to Ms Channing, off the record, of course.
Whether His Lordship will allow the submission Will it increase the chances of his being overturned? We're confident it won't get to appeal.
-Then can you rid me of this accursed man? -Quite possibly.
It seems he may knowingly have received stolen property.
I find that hard to believe.
He's so sanctimonious.
Nothing of any worth, sir.
A dog.
It came out of a research laboratory that was broken into.
Yes.
Yes.
I can imagine sentimentality being one of Deed's vices.
-How certain are we? -There's a defaced identity tattoo in the dog's ear.
We need to have it examined with an ultraviolet lamp.
I'm getting to like the sound of this.
(KNOCKING) Can I object to this jury? -Michael, there's nothing I can do -Look, they're not even listening and two of them keep staring at me.
My lord, in order to close the prosecution's case I have one more witness.
He doesn't seem to have arrived.
We're all intrigued by this witness, Mrs Mills.
How do you propose to secure the evidence? If I might have a short adjournment? DEED: 1 0 minutes? MILLS: I'm obliged.
DEED: 1 0 minutes, Mr Harrison.
It is no good this man leaking Mike Briggs's memo if he won't now come forward to give evidence.
-He's scared.
-Well, what if I were to summon him? Well, he'd just deny it was ever sent to him.
Well, he must want it out in the open, Mrs Cootes.
This is ridiculous.
Why can't we just tell them anyway? It's a fact.
It exists.
If I could, I would.
The only other possible way of introducing it is to question Mike Briggs as to its existence in the witness box.
Fine.
Just as long as the jury knows about it.
The only problem there is if the defence doesn't call him to give evidence.
Gotta go.
-That concludes the case for the prosecution.
-Thank you, Mrs Mills.
Are you ready to proceed with the defence, Miss Channing, or do you have another submission for me? I do have another submission.
Then we'd best have the jury out.
I'm sure you're familiar with this routine by now.
May I take you to The Queen and Marcus Begley over malfunctioning farm equipment, reported in the second volume of the Criminal Appeal Reports for 1 967 at page 59? The case bears marked similarities to this one in that through pressure of time the farm owner, Marcus Begley, told his employee to forego safety checks.
A loose flywheel guard on a combine shook free and one of his labourers was pulled in and crushed.
Lord Pendlebury held that not Mr Begley, but the employee who had been designated the task of Health and Safety regulations was responsible.
Secondly, why this case must fall is because even if Mr Briggs had given a direct order, I take you back to Lord Denning, who states in his ruling that there is ''no line of culpability to anyone higher where there is a designated Health and Safety officer.
'' That was not my client.
Mr Briggs wouldn't even be in court if the CPS had been correctly advised.
The prosecution has built a case out of spite and enmity on shifting sand.
I submit there is no case to answer.
Thank you, Miss Channing.
I admit to not being familiar with Lord Pendlebury's ruling.
I'm sure it's going to give me much pleasurable reading.
I'll hear from the prosecution, if necessary, in the morning.
DEED: Until the morning.
USHER: All rise! I don't know where the defence is coming from, but she's getting the goods.
Are you gonna have to let him off? You think he's culpable, Coop? If he was telling people to forget the rules.
He was the boss.
It's hard to be brave when you're terrified of losing your job.
Yes, I think that's what Mrs Mills is up against with her no-show witness.
If someone doesn't punish these companies, how many more people will get killed or maimed? Sir Joseph Channing telephoned.
He'd like to see you in chambers this evening.
-What does he want? -He didn't say, Judge.
Perhaps he wants to slap my wrist for putting his daughter in a cell.
Could you get me some coffee, please, Coop, maybe a sandwich? You've reached Francesca Rochester, Please leave a message, But you don't respond.
Good move, Rosie.
-Do you want me to take Rosie for a walk, Judge? -I hope my daughter appreciates this.
Oh, it's all right, sir.
I enjoy it.
Don't let her hear you say that or she'll dump her on you.
Thanks, Stephen.
-She's only just been out, Stephen.
-This sort of dog needs to be out a lot.
Well, don't let her off the lead.
(ROSIE WHIMPERING) Stay there.
Let's have a look.
You're a long way from home, Joe.
This must be important.
I spent many a term as a High Court judge here.
Well, nothing much has changed.
Even the decor's the same.
-Yes, but we had more servants in those days.
-I daresay they gave better service, too.
(CLASSICAL MUSIC PLAYING ON STEREO) -I have a difficult ruling to give first thing.
-Yes, I know.
That's why I came.
Ah.
Do you want a coffee? Oh, only one cup.
-How about a drink? Scotch, isn't it? -Hm.
You know, I sometimes regret not specialising in company law.
The City has such an influence on us.
People who produce things are not sufficiently valued.
People like Mike Briggs.
-I really can't discuss Briggs, Joe.
-Oh, no, no, no, of course you can't.
We need more like him.
Wealth creators.
Should do more to encourage them.
He is held in some high regard in certain sections of Whitehall.
Well, he's very good at what he does.
A lot of people of influence think that he should be allowed to go on doing what he does so well.
-I have no problem with that.
-Good.
Provided the jury find him not guilty.
That is what we have to ensure.
And how would you suggest that ''we'' go about that? A good many people of like minds would count you a friend indeed, if the new authority which has been presented to you were todo the trick.
You're not descended from Thomas Cromwell, are you? No one's out to destroy you.
On the contrary, one day you'll want to sit in the Appeal Court, become a Law Lord.
Be more specific, how soon are we talking here? Are you playing games with me? These people would not be pleased if you are.
The case may fall.
I don't think you can deliver, Joe.
These are men who know that everything can be arranged.
I would like to be able to tell them that the case is going to fail.
I have a lot of work to get through.
You're a foolish man, John.
These people can speed or impede your progress.
Oh.
Tell me who they are.
I'll issue a warrant for their arrest.
What would you use for evidence? Smile for the camera on your way out,Joe, You must dislike Deed even more than I.
He took and cheapened something I cared about very much.
Yes, I had heard rumours.
There's a certain incontinence about him.
Whatever else he is, Ian, he is not biddable.
What a pity.
We'll have to fall back on plan B.
I don't like your client's tactics, George, I'm considering a formal complaint.
This was none of my doing, you know that.
That's why we are here and not in your chambers.
You'll still find against my new authority? No, you wouldn't do that.
You've far too much pride in your own ability ever to let this prejudice you.
(DEED CHUCKLING) Go on.
Do you want her? -As a token of my apology.
-Charlie's already tried me.
Are you still sleeping with Francesca Rochester? -Did somebody put an ad in The Times? -It's a small world, full of gossips.
Word is you're heading for a fall with her.
Just watch your back.
Daddy wouldn't have acted alone.
-Hey! -Helps keep the park attendant in work.
Miss Channing.
Your arguments as to why the defendant should not be in the dock are persuasive.
Your authority is challenging.
I can see why you think Lord Pendlebury gives clear guidance but you're missing the point.
Lord Pendlebury makes it abundantly clear that a Health and Safety officer has to be trained and certified, not just a person who is nominated or assumes responsibility for expediency.
Part of the prosecution's case against Mr Briggs is that he failed to take Health and Safety matters seriously, that he did not nominate staff to the purpose, nor provide adequate training.
In the case you cited, there was no obvious single directing mind.
You see, the owner of the company had simply assumed responsibility.
Now, this is a criminal case in which the prosecution says your client's unlawful acts led to a death, hence, manslaughter.
Lord Donaldson is the guiding authority in the Gaghan Pleasure Boat Disaster, where the master left safety checks uncompleted in order to catch the tide.
Culpability there was driven by financial gain.
Now, whether financial gain drove Briggs to have his operations run in a less safe but more economic manner, daresay that the jury will want to consider.
Let's have the jury back in.
Might we re-examine Lord Pendlebury? No, this is something you can do in the Appeal Court should the need arise, but not before.
DEED: Let's have the jury.
Mrs Cooper, could I have a word with the Judge? -He's sitting, Stephen.
-It's urgent.
There may be a problem with Rosie.
Laurence James at the LCD has guessed where she came from.
-Where's that then, Stephen? -I'm not stupid.
Nor is he.
He could have the Judge arrested.
I don't think you can arrest a High Court judge.
He'll be embarrassed if the police show up.
Perhaps you'd best take her to Charlie.
What's she doing here? Did Dad send you? You've got to find somewhere safe for her.
-Oh, yes, why's that? -The police are about to swoop on the Judge.
What? Look, ring your dad or Mrs Cooper if you don't believe me.
Hello, dear, is there a problem? There's absolutely nowhere else.
Dad's about to be raided.
Well, I'm not sure you should've brought her here.
It's just a precaution, Alison.
I'll come back for her later.
-Are you ALF, too, dear? -He's just a friend.
Miss Channing, is the defence ready? I have argued the defence's position already, that position hasn't changed.
-Are you calling your client? -No.
And have you explained to him the inference that the jury might arrive at from his not giving evidence? He's fully aware of what this means.
-Are you calling any witnesses? -No.
Well, if your client's happy with that strategy for his defence.
Mrs Mills, are you ready to address the jury? Quite ready, my lord.
Mike Briggs, who's standing before you charged with manslaughter, is a man of many parts.
Depending on which section of the media you read, he's a working class hero, a product of Thatcherism, a bold, free-wheeling entrepreneur.
Names the media fight shy of calling him are ''asset stripper'' and ''pension robber''.
For obvious reasons, Mr Briggs wields the power of the writ and to be sued in the High Court is a costly business.
Let's look at Mr Briggs the asset stripper.
He takes an apparently ailing company, puts it into receivership, and then, despite promises to the contrary, makes the workers redundant, a situation from which they have no legal redress.
He then sells the separate parts for vast profits.
Mr Briggs the pension robber.
Under past entrepreneurial legislation he finds ways, quite legally, to whittle away the pension and redundancy payments of those who have made the company rich.
Now, you might ask yourselves why I'm dwelling on these murky activities.
After all, Mr Briggs is not on trial for theft.
However, we would argue that this lack of morality and responsibility that Mr Briggs has shown informs the ethos of his company, profit at any cost.
Even the life of a young man who went off to work with a borrowed vacuum flask and a pack of sandwiches in the optimistic belief that he could contribute to maintaining his single mother and younger siblings in their financial struggle.
Mike Briggs was not born with a silver spoon in his mouth but in abject poverty.
He left school at 1 6 and went to work in an iron foundry and within 20 years owned the firm.
How odd that we identify someone this successful as the second victim in this case.
But victim he is.
He is a victim of the culture of envy and negativity that has pervaded our society.
In fact, what Mike Briggs really stands accused of is being successful.
His hard work and initiative has provided over 4,000 people with full-time employment, pensions and holiday entitlement.
As common as it is to want to blame someone, in this case blame cannot legally be attributed.
Mike Briggs didn't kill Tony Cootes or cause him to be killed by callous disregard for safety.
All he's guilty of is supplying the lucrative contract to the company that employed Tony and for making sure they kept to the bargain.
-Do we know where the dog is now? -I've not heard a word, Judge.
Charlie, where are you? -I've only just got out of a tutorial.
-And where's Rosie? -The policeman friend said you had a problem, -Did he? Well, we don't.
Is Rosie all right? -A friend's finding her another home.
-What friend? Is he reliable? She.
Rosie will be fine, Dad.
Look, I've got to go.
I'll speak to you later.
Fine.
Now, if on considering the evidence you come to the conclusion that Mr Briggs was just a cog in his vast group of companies, it is difficult to suggest that he can be responsible for all the workings of that company, or for the avoidance of Health and Safety regulations.
Then you must find him not guilty.
If, on the other hand, you find Mr Briggs was a directing mind, that he did create an atmosphere within his companies and those contracted to Mandle PLC, it might be reasonable for you to conclude that you have identified a directing mind in the death of Tony Cootes.
And therefore, a proper verdict would be guilty.
Deliberate carefully.
Please put out of your minds any worries about wider safety concerns.
You are to judge the case for and against this man.
That is all.
Guilty, definitely.
Shouldn't we have a discussion like he said? Why? He's just a slimy fat cat.
My granddad had his pension ripped off by the likes of that, but I still don't think it's right not to discuss it.
Was it him who ripped off your granddad? I don't know.
Well, they're all the same, employers.
-You make them rich, they screw you.
-Yeah.
Let's have a vote.
Judge said he wanted an unanimous verdict.
-Guilty, right? -ALL: Yes.
Can we recommend that he gets life? That's a bit strong.
He didn't mean to kill him.
Well, he didn't care, though, did he? It's clear from this unanimous verdict that yours was a mind that directed others on threat of sanctions in the wilful and wanton disregard of Health and Safety regulations and that it resulted in the death of Tony Cootes.
You are hitherto of good character and have contributed a great deal to society through the employment that you create.
This I will take into account when I pass sentence.
I would like pre-sentencing reports.
What's a convenient date for sentencing? -Three weeks hence, my lord, the 29th.
-29th it is.
George, what's the fine? Why can't I pay it now? -Might I ask for the bail terms to be continued? -I don't want bail.
I don't think so, Miss Channing.
I'll be looking at a prison sentence and I will also bear in mind that Mr Briggs has both the wherewithal and the inclination to go abroad.
-I've got a lot of business abroad.
-Yes, I'm sure you have.
-Well, I can't go to prison.
-You must consider what Mr Briggs is Your client was convicted by unanimous verdict What, by that lot? Good God, look at them.
George, you got to do something.
-CHANNING: I must insist -This is a get-up! Is it, Mr Briggs? You're remanded in custody until the 29th.
USHER: All rise.
-You can't get away with this.
-Gonna try.
It's spite, envy.
The working-class mentality -trying to pay back the haves.
-Oh, change the record.
You're stupid for going along with it.
-They, the great and the good -The great and the good? in their smart houses and their close-knit community would have welcomed you.
You could have had so much, John.
George, I'd sooner go back to my dad's council house in Coventry than give up one principle.
Incidentally, my sister now owns that house.
She and Dad are very happy there.
The poor are never happy.
That's a myth fostered by the rich -I don't believe this.
-to make the poor less troublesome.
What you've done is meaningless.
Mike will be out of custody within 24 hours.
Yeah, you're probably right.
But even 24 hours in jail with no friends and no phone and no freedom might just have him see the consequences of his actions.
How novel.
Rats usually leave a sinking ship.
Oh, I think it might float a while longer.
-They'll come after you, you know.
-For Briggs? I doubt it.
-For saying no to them once too often.
-Well, I'll go back to being a barrister, then.
Are you ever going to have dinner with me? How about tonight? (KNOCKING AT DOOR) Sir Ian Rochester would like a word, Judge.
It's getting like Oxford Circus in here.
You know my number.
You can't seriously be thinking of giving this man a custodial sentence? Under the Offences Against the Person Act 1 861 , Section 5, the maximum sentence is life.
This is not the director of a tinpot company, Sir John.
(PHONE RINGING) Sentences for manslaughter cover the widest band of sentence for any offence.
I will consider all circumstances before I pass sentence.
Under the Human Rights Act, the infliction of punishment without sentence is, I'm sure you'll agree, Sir John, an outrage.
We inflict such outrages on the poor and inarticulate all the time.
People at the very top want you to free this man, Sir John.
Oh, really? Then tell them I'm not one of your under-secretaries.
I take no instruction either from you or from anyone in political office.
I appealed to your decency.
You rejected that appeal.
You might wish to reconsider this friendly request, Sir John, before you're utterly discredited.
And who's gonna do that? You? You had in your possession, until recently, a dog that was stolen from a laboratory.
It was removed from here by your policeman with the help of your daughter and taken to one Alison Knight, a member of the Animal Liberation Front.
You might not be subject to arrest, Sir John, but your daughter and Mrs Knight certainly are.
Excuse me, Judge, your daughter's on line one and needs to speak to you urgently.
Doubtless you have a lot to say to her.
Chas.
They have Rosie, They raided my friend Alison's house and they just took her, How did they know where to look? Oh, I don't know, your policeman must have told them, You've got to do something, I can't right now, Chas.
I'm a bit boxed in.
-Go to the police, get her back! -I can't.
Charlie, I'm sorry.
-Then I will, I have to, -No, Charlie.
They'll send her back to be killed, I'll tell them she's mine, Charlie, you mustn't, they'll arrest (PHONE CLICKS OFF) Judge If you did what I think you did Will Deed go after the dog? He'll try to help his daughter.
When he does, the trap will close.
Provided the police keep their nerve.
I'm Mr Justice Deed, I believe you have my dog.
Your daughter said it's her dog, sir.
Where is she? Dad, they seem to think I stole Rosie from a laboratory.
-Is that what you told them? -No, of course not.
Of course I didn't steal her.
Well, I always taught you to tell the truth, darling.
I like to think that the truth always prevails.
-Do you have my dog? -We do have a dog, sir.
One we believe was taken from a laboratory.
Where is this dog? This way, sir.
(DOGS BARKING) Rosie.
How are you, girl? She was with a suspected animal rights activist, Sir John.
Is that your only evidence, Sergeant? You'd hardly expect me to ask a vivisectionist to be my dog sitter? Well? -I hope this is social.
-If you think you've won, well, you haven't.
It's just like old times.
-Always have to have the last word.
-You always insisted on the last word.
-Now you can insist by virtue of your position.
-I never took advantage of my position.
-You jailed me for contempt.
-You showed the court disrespect.
-You were being bone-headed.
-I was being fair.
God, I hate you! You're looking very attractive.
I don't think so, John.
You're still insufferable.
It wouldn't work, John.
I'm not one of your empty vessels.
Now we've both been put out to grass, Rosie.

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