Kavanagh QC (1995) s01e01 Episode Script

1 Good morning, Mr.
Kavanagh.
It's nice to see you again.
- How are you? - I'm fine.
Fine.
- What does it feel like to be back? - Great.
It's a bit short notice.
Well, I think they're being very reasonable, all things considered.
They're prepared to drop the attempted murder.
If Gardiner offers a plea on the GBH.
All the advice to date has been that if it was offered, we should take it.
The victim identified Gardiner as his assailant.
I think I have the pertinent facts in this case, Mr.
Hedges.
WOMAN".
I go to all the trouble of cooking your favourite meal, I eat alone WOMAN".
No phone call, nothing! (Man and woman continue to argue) MAN".
Look, you get into a meeting, unfortunately you can't just hold your hand up like a school kid and say, “Please, Miss, can I use the telephone?“ WOMAN".
What's so bloody important that you couldn't wait till morning? WOMAN: Do you really think I'm that naive, Barry? I have told you! We were discussing marketing strategy for the next quarter.
- I had to go! - Oh, please! (Revs engine) I come over to get in my car and Gardiner steps out.
I says, "Yeah? What do you want?" And he gives it, "I'm going to do you!" And I saw a flash of summat in his hand, shining.
I put my arm up, but he cut us across the arm then stuck us with it.
With the knife, like.
In my chest.
COUNSEL".
Thank you, Your Honour.
I have no further questions at the moment.
You don't like Clive Gardiner, do you, Mr.
Parry? Not too keen on being stabbed, no.
KAVANAGH: The ill feeling between you goes back some what further than that evening, doesn't it? As I understand it, Mr.
Gardiner took exception to that fact that you were seeing his sister, Linda.
Wasn't that what the argument at the club was about? (Chuckles) 'Ere, if she's selling those puppies, mate, I'll have the one with the pink nose, eh? - What, you're saying you wouldn't? (Phone rings) I'm telling you, they love it, these bored housewives.
Over the old tumble dryer and you're there, mate.
Did I tell you about that sort on the Chertsey job? Had a right pair of fun bags, I'm telling you.
(Gary laughs) - Gary? It's for you.
Oh, right.
Thanks, Mr.
s Kendall.
A bit of an emergency on another job.
- Oh? Is he coming back? - Maybe.
I dunno.
Now, Mr.
Parry, you say that when you reached your car, - Mr.
Gardiner came out at you.
Is that right? - Yeah.
And he said, "I'm going to do you.
" That's right.
Very sporting of him to give you fair warning, wasn't it? But, then, he's a sporting man, isn't he? - A boxer, in fact.
- Allegedly.
Do you know what a southpaw is, Mr.
Parry? Yeah, it's a fighter who leads with his right.
Now, did Mr.
Gardiner have the knife in his hand at this point? - Yeah.
- In which hand? His right.
- You're sure of that? - Yeah.
- It might've been his left.
- Well, which was it? - You're trying to confuse me, aren't you? - It's not a difficult question.
- It was hard to tell.
- Hard to tell left from right? - It was very dark, weren't it? - Very dark? You told Prosecuting Counsel you saw, "something in his hand, shining.
" Now, I take it from that that you didn't mean he was holding a torch.
The knife Because unless the blade was coated with luminous paint, - there's no way you'd have seen a knife.
- Well, that's what I saw! This so-called car park is little more than a piece of waste ground, isn't it? There's no street lighting, whatsoever.
It was also, incidentally, the dark of the moon.
Perhaps that's how you got so terribly lost.
Do what? Well, you weren't found by your car, were you? You were found by Mr.
Gardiner's.
- Some er, 40 yards from your vehicle.
- I don't know how I got there, do I? Don't you? Let me suggest that it wasn't Mr.
Gardiner who ambushed you - .
.
it was you ambushed him.
- What are you talking about? - How did you get to Gardiner's car? - It must've been in the tussle.
- The tussle? - Yeah.
- There was a tussle? - He was trying to get hold of the knife.
- Which knife? - My knife.
- In which hand? The right hand? Not your left? - No, it was this one.
I think the word you are looking for, Mr.
Parry, is "oops".
Mr.
S KENDALL".
I'm sorry, Barbara, it's a terrible migraine.
I'm going to have a lie-down.
No, no.
Next week, definitely.
OK.
Bye for now.
Yep Yep, you too.
(Grunts) MAN: I thought you were pulling my leg with "free by dinnertime".
We thought you were very good.
I said to Dad, didn't I? You should do more of your cases up here.
Aye, home turf.
How did you know that Gardiner was a southpaw? - He isn't.
- You said he was.
No, no.
I said, did Parry know what a southpaw was? From then on, he thought I knew something he didn't.
He was so busy trying to work out what it was, that he stopped listening to what he was saying.
- Cheating.
- Winning.
(Chuckles) - Are you peckish? - Aye.
I've said to Grahame to come.
That was all right, weren't it? I mean, you can't come up and not see your own brother.
KAVANAGH: Yeah, yeah, of course.
(Grunts) (Grunts) (Sighs) (Sighs) (Grunts) David? Just going to fix some lunch.
Would you like a soft drink, or a beer, or something? Oh, yes, thank you very much.
I'll tell you now, you're not running him to the airport.
He's my brother.
And what am I, Grahame? - Hello, Gray.
CYNTHIA: Hello, Mum.
- Cynthia.
How are you? - Hello, Dad.
We're very well, thanks.
Very nice, this.
Did you win, then, Jim? Win? You should have seen him, Grahame.
He ran rings round him! CYNTHIA: And how's Elizabeth now? - She's very well.
Oh, I am glad.
(Fly buzzes) (Groaning) (Groaning continues) - How's it been, Gray? - Oh, all right.
Cheered 'em up, seeing you.
You should come by more often.
They miss you.
- For the kids.
- Thanks, Dad.
- Everything is all right, isn't it, Jim? - Everything's fine.
DAD: Lizzie? KAVANAGH: Yeah.
- Yourself? We're both fine.
- Right.
Well you'd best - Yeah.
You take care.
- Look after yourselves.
- And you.
- See you.
- Take care, Jim.
(Door slams) - Evie! Evie? Evie, where are you? - Evie? (Water drips) Eve? Evie! Oh, God! (Screams hysterically) 5109 it! - Stop it! - (Screams) Mr.
Kavanagh? Mr.
s Kavanagh? Have you decided whether you want to go to this boat thing tonight? It's Foxcott's bash.
Wishing you'd accepted? God, no.
Head of Chambers? A lot of bloody nonsense.
It's yours by right, Jim.
You had the earlier call.
The idea was that we'd see more of each other, wasn't it? Not less.
- Yes, but we can't just stop going to things.
- No.
(Birdsong) - Yeah, well, you know what Sascha's like.
(Computer game music) Yeah.
I know.
(Computer game music) - Hello, Dad.
Nice to see you! - Not now, Dad.
Yes! Suck on that, you pointy-eared son of a bitch! - Matt! - Sorry, I won.
So did I, but you don't hear me calling His Honour a pointy-eared son of a bitch! You won'? Excellent! That means I get Alien Blood Lust Ill.
- Haven't you got any homework? - Did it on the bus with Col.
I see.
So this essay was written contemporaneously What? Don't worry.
Dad's off on one.
Look, if you want to use the bathroom, I'd hit it.
I'll be ages.
Right.
Off on one what? What about Brighton? Yeah, we could take the train.
Right.
Son of have-it-away day.
Yeah.
(Dog barks) (Door bell) I'll get it.
Good evening, madam.
DS Cadbury, DC Bissett, Green Lane CID.
Who is it, Soph? It's the police.
- David Armstrong? - Yes? I am DS Cadbury.
This is DC Bissett David Armstrong, I am arresting you on suspicion of rape.
You do not have to say anything, but anything you say will be written down and can be given in evidence.
Rock Elizabeth! It's been too long.
I think you've been hiding from us.
- From you, perhaps.
- How's the charity business? - Hearts still bleeding? MAN: James! How was Manchester? Natives still painting themselves blue, eh? Hello, Lizzie.
Hello, Peter.
Julia.
- You make a balls of my case, or not? - Not.
Gang's all here, then.
Yes, yes.
Lots of old faces.
Dear Uncle Humpty.
Sir Neville.
Young Miles Petersham's about here somewhere.
Can you give me a hand with the drinks, please, Jeremy? - Mind the suit.
- You really are a total shit! Excuse me! That's nothing, it's mine.
Can you leave it? Yes.
Jock Armstrong, please.
I don't care if he's in a meeting! Of course it had to go to you, Peter.
Caesar's wife, and all that.
Mind you, she looks very fetching this evening.
Must be all that good work.
Lizzie.
Ah, yes.
Attractive woman.
A while since he's brought her out.
Can you blame him? Meet the new boss.
Same as the old boss.
I'm sure Peter will make a very fine Head of Chambers.
You'd make a better.
You could have dragged River Court into the 20th century.
19th would be a start.
Why didn't you take it? Well Aldermarten's cock-a-hoop.
Well, Jeremy's always pleased to see his friends get on.
Oh, he's a dreadful toady.
That's no way to talk about the man whose heart you hold in your hand.
He just wants to get into my knickers.
Well, tell him to buy his own.
Julia, did I tell you I managed to get hold of two tickets for Don Giovanni? Hello, Elizabeth.
How are you? Go back to the party, Miles.
MILES: I was just saying hello.
- Well, now you can just say goodbye.
- Or what? Fisticuffs? You come near her again You can take the lad out of the North, eh? Good night, Elizabeth.
(Sighs) What? You want us to shake hands and then it's it's all water under the bridge? - You were friends once.
I can handle it.
- Well, I can't.
Not yet.
I'm sorry.
I made my choice, Jim.
I decided.
It's you I'm with.
DUTY SERGEANT.
David Armstrong, you are charged that on the 23rd of June, at 3 Fairmile Road, London, SW19, you did rape Eveline Marie Kendall, contrary to Section 1, Sexual Offences Act, 1956.
You do not have to say anything, but anything you say can be given in evidence.
Do you understand the charge? Finished? Right.
What about bail? - Look, Dad, I never touched her.
- In the car! You get me the best, Miss Marshall.
Michael.
Tom Buckley here.
River Court.
How's the wife and kids? Good.
You want 'em to stay that way? You know what I'm ringing about, Michael.
Our Mr.
Silbertson acted for you in Woodville v Woodville.
A little matter of his fees.
Yeah.
No, son.
Yeah, I know.
But 17 months is what you call taking the Michael, Michael.
Tom.
North Thames Effluent.
I'm really not happy with the remuneration side of things.
Well, you won't get more, sir.
That's top dollar.
Ah, Mr.
Kavanagh! Yeah, hang on, Michael.
Miss Marshall, Owen-Wing-Owen, sir, wanted to know if you'd like to lead Ms Piper - after Crown and Gilbert - What is it? Oh, it's right up your street, sir.
A nice little rape.
In drawing this meeting to a close, I just ask you to, when you have a moment, to cast an eye over this year's list of prospective pupils.
- Anyone on here you fancy? - Mm-hm.
A friend of mine, actually.
Be very interested in any comments.
Thank you, Peter.
Come and talk to me about this Armstrong thing.
What do you want to know? - His father's something, isn't he? - Mm-hm.
Armstrong Chemicals.
- Have you met the boy? - Yeah, briefly.
JULIA: Nice middle-class stock.
Should come across well.
PROFESSOR: In his later poems, he showed metrical and linguistic virtuosity.
KAVANAGH: Cambridge? JULIA: English.
KAVANAGH: Right.
KAVANAGH: Well, let's think about having his tutor as a character witness.
He attacked his themes with wit, liveliness, and sometimes, self-conscious cleverness.
(Rumble of thunder) Right.
Now, first of all, I want to clarify a few things that I don't understand from my reading of the papers, and then we'll have a a more general chat at the end about how we're going to play things.
Yes? Good.
Intercourse took place in the hall, yes? - Yeah.
- Is it carpeted? I think there are two promising applicants for pupillage.
Alexandra Wilson.
Double first at Cambridge.
- And the other? - Glenda Evans.
Redbrick.
Very good, for all that.
- Who would Kavanagh go for? - You're Head of Chambers.
- More by default.
- No, no, no.
Nonsense.
No, I might have the title, but it's still Kavanagh people look to for advice.
However, if I can make my mark with the pupil intake - .
.
set the tone in Chambers.
Do you see? - Yes.
Well, Kavanagh will push for the redbrick.
Glenda.
Hairy legs and women's issues written all over her.
Bound to be.
Battered wives breast-feeding in con.
The smell of smoking D-cups assailing our noses.
I don't think we really want that, do we? Indeed! The police surgeon's report goes on to mention bruising to Mr.
s Kendall's face.
Can you suggest how she might have come by those injuries? No.
No, I'm afraid I can't.
In your statement to the police, you said that she'd asked you to be rough with her.
But not to hither.
I wouldn't have done, even if she'd asked me to.
I mean It's just the idea is It's repugnant.
All right.
Don't worry.
Surgeon also notes that there was chafing to her wrists.
(Thunderclap) Ms Piper and I are not here to make any judgment on you, David.
Moral or otherwise.
She asked me to pin her arms down.
- Was her shirt on or off during intercourse? - Off.
- Who removed it? - She did.
Right.
Did you engage in much foreplay? No.
It was a bit wham-bam.
But it's how she wanted it.
I can't say we made love.
It was just sex.
KAVANAGH: Yes.
Look, I know this sounds You will go easy on her, won't you? She's a nice woman, I think, basically.
This nice woman has accused you of rape! I've told him, Mr.
Kavanagh.
Dad, she has problems.
Oh, well, plead guilty, then! What son of problems? Her husband's having an affair.
A stock controller with his firm.
Our inquiries suggest it was going on at the time we're concerned with.
And the thing with the other lad.
Christopher Roberts.
Fella at the bookshop where she worked pan-time.
KAVANAGH: And what's your view about that? Well, she was having an affair with him, wasn't she'? That's what the manager of the shop said.
Roberts wouldn't talk to my enquiry agent.
But I'm sure that if things were made clear, he could be persuaded to go to court.
All right, let's just pause there for a moment.
Our defence, and I want it to be crystal clear about this - .
.
is that she consented to intercourse.
- Correct.
Hm.
How do we feel introducing Roberts would help with that, with consent? Well, he's a young lad - like David.
- He'd show her up for what she is.
- We could apply for leave to introduce such evidence, but only in so far as it relates to this case.
- I don't follow you.
- As far as the court's concerned, Mr.
s Kendall's sexual conduct with anyone other than the accused is held to be irrelevant.
What? It's a "rape shield".
They also can't go for us in a similar fashion.
Am I going to be asked to go into detail about the um intercourse? - Are you worried about that? - Yes.
Not for any Well, I mean, it's embarrassing.
God Almighty! You're charged with rape, David! - Of course they're going to ask you for details! - It's me who's They're not going to be bloody coy about it, are they? I think David needs our support and reassurance at this time, Mr.
Armstrong, not er Really.
It doesn't help.
It's Sophie, Mr.
Kavanagh.
My girlfriend.
She'll have to hear.
Can you ask her to stay away? No.
She wants to let everyone see she's sticking by me.
Good.
KAVANAGH: What do you make of him? JULIA: I think his father's an ocean-going shit.
JULIA: I should imagine he's a total bully in the boardroom.
- And in the bedroom? - What, like father, like son? Hardly.
No, I thought he was (Sighs) Well, he's going through it, isn't he? It can't be easy.
No.
What'll you go for with Mr.
s Kendall? Tit for tat'? Getting back at hubby? Then why cry rape? Perhaps she thought it might shake him up a bit.
Bit extreme.
I don't know.
A touch of, "You've neglected me, see what happened.
" You think so? Well, a little guilt goes a long way.
Yep.
(Car horn) Let me guess.
Your defence is consent.
Old ones are the best, eh, Jim? Or not, as the case may be.
What are you talking about? David Armstrong.
I'm against you.
- Eleanor Harker's for the Crown.
- I'm her junior.
Well.
You don't fancy a little something on the side to make it interesting? - I don't think so.
- No, I suppose not.
You never were one for a bit on the side, were you? You ought to try it sometime, Jim.
Women get bored with "dependable".
They like a bit of excitement now and then.
I expect that's the story with Mr.
s Kendall, don't you? Well, best of luck.
It's that way.
This hasn't been easy for me, Eve.
I didn't want it to happen.
Didn't you? Oh, bastard! Oh, God, I'm sorry! Please don't go! - Please don't leave! - Let me go, Eve! I can't deal with this.
Do you understand? Not now.
I just can't.
(Door slams) Alan! Please! Oh, is that you, darling? - What's wrong? - There's no loud music.
No Super Mario Lanza on the TV! - Don't tell me the kids have been repossessed? - They've gone down to Dad's with Luke.
- Luke who? - Kate's Luke.
Oh, Kate's Luke.
I thought they were coming down with us tomorrow.
Well, they were.
What's wrong? Nothing.
Jim.
Am I? - I mean - What? I'm not - I'm I'm not boring, am I? - No.
You're sure? I mean, you're not bored? With me? Um No.
Good.
Good! - What's brought this on? - Nothing.
Nothing.
No.
No.
Good.
Right.
So, what have you cooked for my tea, then? (He laughs) - Good run? - Two hours.
- Should've put your foot down.
- Yeah.
With you.
Firmly.
And long ago.
- Er, Dad, this is - Luke, isn't it? - Jim Kavanagh.
- Yeah, I know.
- You're at er, college with Kate, yeah? - Yeah.
I see you've brought that no-hoper of a husband with you again! - (Laughs) - About time he made the bench, isn't it? Happy birthday, you fraudulent old bugger! When are you going to hurry up and die? FATHER: The day you vote Tory.
He's nice.
Yeah.
Once you get to know him.
I'm sure.
"A society of men bred up from their youth in the an of proving by words multiplied for the purpose that white is black, and black is white, according as they are paid.
" Isn't that how Swift described your profession? I wouldn't argue with my bread and butter.
Oh, come on! You know some guy's a murderer and you still defend him? We have a budding radical amongst us.
He was like that once, you know.
You wouldn't think so to look at him now.
But once upon a time I know it's your birthday, but do we have to, Ted? Lord Probyn to you.
Bloody proles.
Oh, it's how they met, Luke.
In court.
Back in the swinging sixties.
The sixties.
We did that in the fifth form.
A much overrated decade.
When were you born, as a matter of interest? - '77.
My mum and dad were punks.
- Ah! Heredity.
PROBYN: Madam here was What was it, dear, women's rights? Pro-abortion lobby.
Ended up in the dock with her sisters - breach of the peace.
Some rally or other.
PROBYN: Up pops the radical barrister The starving barrister.
I'd have taken anything.
PROBYN: Rides in on his white horse, all charges dismissed.
Wacky baccy and free jig-a-jig all round, one would imagine.
PROBYN: Love at first sight, she said.
And do you know, until a week before the wedding, he didn't have a clue about me and all this.
I knew all I needed to.
Spare us the Patience Strong, or else I shall hurl! - Party on, Garth.
- Party on, Wayne.
I knew it was a mistake letting him have cable.
What do you think of um? Kate likes him.
- You've met him before? - Oh, he's been to the house a few times.
Where's he sleeping? Daddy's put him in the Blue Room.
That wasn't what I asked.
(Heavy breathing) DAVID: Sorry.
Sorry.
- Is it me? - No, no, no, no.
It's me.
I just can't Well, since the I want to - Some rapist.
- Don't.
It's all right.
It'll be all right.
(Vomits) I didn't mean things to slide between us, Lizzie.
It's just You know, the work.
Yes, I know.
Always the work.
It was always the work.
Well, that's done with.
I promise.
- It's you and the kids from now on, all the way.
- It'd better be.
You're not sorry you stayed? I'm sorry you weren't there when I needed you.
I'm sorry I couldn't make you understand how miserable I was.
And I'm sorry it was Miles.
But, no, I'm not sorry I stayed.
When I saw you with him the other night, I thought - It is over? - Yes.
Yes, it's over.
This is what counts.
This is what's important.
The boat? Us.
Them.
Being together.
Are you OK? Yeah I'm OK.
- Matey all right? - Yeah, he's er No.
No, we've had a great day.
Really.
Me, too.
- Yeah? - Yep.
- Luke and I were thinking - Oh, yeah? Would it be all right if I brought him along to watch you at work? Of course! You don't have to ask.
Thanks.
James! There you are.
I've been waiting for you.
We're seeing the two candidates for pupillage this morning.
- Don't tell me you'd forgotten, had you? - Well, I wasn't told.
I've got a con in 15 minutes.
Oh, dear.
Well, what are your thoughts? Well, from her letter, I thought Wilson sounded good.
- Did you? - Hm.
Well, I must say, I'm surprised.
Coming from you.
I mean, not the er redbrick? No.
Of course, it must go on merit, but er I understand Ms Piper is also very keen.
Is she? Quite.
Quite.
Well Miss Wilson? Yes? MISS WILSON: Good morning.
How do you do? How do you do? - Good morning.
- Morning.
See you've drawn your friend for Armstrong, Mr.
Kavanagh.
- Which friend? - His Honour, Judge Granville.
Ah, well.
This thing is sent to try us.
- Have you been on the bottle? - No, no.
On the boat.
After two whole days of open sea and a pleasant force 4 coming across the quarter, there is nothing you can say can shake my mood.
It's tomorrow.
Except, of course, "It's tomorrow".
They're ready for you now, sir.
CLERK: All rise! CLERK".
David Robert Armstrong, you are charged that on the 23rd of June last, at 3 Fairmile Road, London, SW19, you did rape Eveline Marie Kendall, contrary to Section 1 of the Sexual Offences Act, 1956.
How do you plead? Guilty or not guilty? Not guilty.
Eyes down for a full house.
I was working in the garden.
It was a very hot day.
Mr.
Armstrong was also working in the garden.
It was coming up to lunchtime.
I asked him if he'd like a beer.
HARKER.
Why was that? I thought he might appreciate a drink.
I was going to have something myself.
I didn't want to be impolite.
And how did he respond? He said, "That would be very nice", or something along those lines.
I see.
- Did you bring him a beer? - He came into the kitchen for it.
He came to the kitchen.
- Was that at your invitation? - Yes.
I Well, I said I was going to make myself a sandwich, and I could make him one, too, if he was hungry.
So he came to the house.
So, in offering him something to eat and drink, you were merely being thoughtful? - (Tuts) ' (Whispers) Sorry.
Mr.
s Kendall, why did you invite David Armstrong into your house? To provide him with food and drink.
Did you trust him? I had no reason not to.
He was quiet.
Well spoken.
I knew he was a student, doing the pool for a summer job.
I never thought Yes.
As I understand it, since he'd been in your employ, his manner towards you had been consistently polite and respectful.
- Is that right? - Yes.
So, he came to the house.
- Where exactly were you? - We were in the kitchen.
In the kitchen.
Could you tell us, please, what happened then? We were talking.
And I er He ate a sandwich.
And we were talking.
And, I um He reached over and touched my face.
He touched your face? How? In what way? The palm of his hand, on my cheek.
And what did you do? Isaid, "Don't", or "Stop.
" You said to him "don't" or "stop".
What did you mean by that? I wanted him to stop touching my face.
- Did Armstrong remove his hand? - No.
What did he do? He Er, he said I was lovely.
HARKER.
“Lovely”.
Yes.
And then? He put an arm around my waist and and pulled me towards him.
- What did you do? - I tried to pull away from him.
It was I was embarrassed.
- And I was starting to feel frightened.
- You tried to pull away from him.
- Did you pull away from him? - No.
He was He's very strong.
Too strong for you to be able to push him away? - Yes.
- I see.
Go on.
He pressed my bottom, pushing me against him.
And he said, "Feel that.
That's for you.
" - What was he referring to? - His penis.
What did you do when he said, “Feel that.
That's for you“? Well, I didn't know what to do.
I was shocked.
Ipushed my hands against his chest, here.
And I said, I think, - "Stop it.
Now.
" - You said, "Stop it.
Now.
" How did you say it? Forcefully.
- You were adamant? - Yes.
I wanted him to stop.
Was there anything about those words, or the way you said them, which could have been misunderstood by Armstrong? You're leading.
Did you make it plain, Mr.
s Kendall, that you wanted Armstrong to stop? Yes.
- Did Armstrong stop? - No.
He said, “I know what you want and I'm going to give it to you.
“ And what did you take that to mean? Sex.
- Did you want sex with Armstrong? - No.
Had you given Armstrong any cause to believe you wanted sex with him? (Tuts) If you have a problem, or are concerned about the way questions are being put, Mr.
Kavanagh, perhaps you'll tell me about it.
Your Honour, I apologise, of course.
And please refrain from fidgeting.
R's most disconcerting for us who are trying to follow the evidence.
As Your Honour pleases.
- Miss Harker? - I'm obliged, Your Honour.
Mr.
s Kendall, did you flirt with David Armstrong? - No.
- No.
Very well.
Go on.
He removed his hand from my face and started to touch my breast.
And what did you do? I said, “Please, David.
Don't.
“ - Again you asked him to stop? - Yes.
- Did he stop? - No.
He pulled open my shin.
He pulled open your shirt.
Did you make any attempt to stop him opening your shirt? Physically, I mean.
EVE: I tried to pull it together, to pull it closed.
HARKER: And what happened? EVE: He hit me.
- He hit you.
- Yes.
- Where? - Across the face.
Quite hard.
And he said, “Stop it.
You're spoiling it.
“ And what did you do? Ifroze.
I was afraid.
I didn't know what he would do.
What happened then? He pulled me through into the hall by the wrist, and told me to lie down on the floor.
- Did you? - Yes.
What were you thinking at the time? I wasn't conscious that I was thinking anything.
Not rational thoughts, anyway.
I was very frightened.
I thought he might kill me.
His eyes were They weren't right.
I didn't want to die.
- Did you, at any time, call for help? - I couldn't.
I couldn't catch my breath.
I thought if I did what he wanted, that I'd be all right - that he wouldn't hurt me.
HARKER: What did you do? EVE: I lay down on the floor and Armstrong got on top of me and he raped me! (Eve sobs) - Mr.
s Kendall.
- I'm sorry It's all right.
Take your time.
Would you like a glass of water? Will the witness be able to continue if we adjourn for a while, Miss Harker? Perhaps, in view of the hour, Your Honour Yes.
Very well.
I think it might be best.
Until tomorrow morning, then, members of the jury.
CLERK: All rise.
Bloody waterworks! And Granville goes for it hook, line and sinker.
And the jury go away with "he raped me" ringing in their ears! That was half an hour ago, Jules.
Right now, they're strap-hanging on the Westbound, pondering what's for tea.
- These were taken at Temple Underground.
- They're very grim.
Oh, if you make a contribution, you don't have to buy a picture.
The photographs are primarily to help raise awareness, but - Oh, I think we're aware, aren't we? - Oh, yes.
But you don't want to be aware all the time, do you? The Temple.
That's where your husband works, isn't it? - Yes.
- I'm looking forward to meeting him.
- He's got a theory about Hanratty.
- Oh.
Er, will you excuse me a moment? MILES: You gave me an invitation.
- Oh, that was - I know.
Er Don't be mad.
I I had to come.
Can we er talk somewhere? Look, I'll buy one of your pictures.
- Just er Just give me five minutes.
- What for? - I miss you.
- Oh, Miles.
It's over! Just like that? Don't I get any say in the matter? - No.
Look, Jim's coming.
- You're only staying for the kids, aren't you? You don't love him.
Yes, I do.
- Now, please.
You can see I'm up to my neck.
- I'm trying to get things sorted out here.
What's more important, me or your bloody homeless? I thought I meant something to you.
So did I.
- Have you thought about your speech? - One or two ideas.
How long are you planning on? A couple of hours.
See what comes out tomorrow.
Jock thinks we should call Roberts.
Yes, well, thankfully, I'm not taking instructions from him.
Marshall's all for it.
Perhaps we should put her in the picture.
Oh.
my God! - What's the matter? - Lizzie's fundraiser.
I don't believe it! I promised I'd be there by eight at the latest.
Can you get the tab? I'll settle up with you tomorrow.
(Car horn) Lizzie! Look, what can I say? I am sorry.
I forgot.
- "You and the kids, all the way.
" - All right! Look look - You said you'd be here.
- It slipped my mind.
You've got a meeting with a client, it doesn't slip your mind.
- I ask you to do one thing! - All right, one thing.
I'll be at the next.
- No, that's no good.
- Why not? I didn't ask you to come for just the coming here's sake.
I know you hate these things as much as I hate going to your bloody Chambers do's.
But there were people I wanted you to meet.
Important people.
They're not going to be at the next one.
I'm trying to crack them for a donation.
You could have made all the difference.
- Five minutes with you - I've said I'm sorry.
- Even Miles remembered.
- You what? I mentioned it to him in passing, four months ago.
- I reminded you this morning.
- My mind was on the case.
- What do you mean? He was here? Tonight? - Yes.
He came here.
That bastard was here.
I don't believe it! Where were you? - I went for a quick drink with Jules.
- But it's half past ten! Well, then we went for a Chinese! I've got to eat! - It's starting again, isn't it? - No.
It's me or the job, Jim.
- You can't have it both ways.
- Nor can you.
Have I ever, ever complained about the time you put in for your work? About the times you've been away, or you've been late? About the times I've needed you? - It can't always just be a one-way street.
- But you said No! No, that stops here and now.
No more "I said", "You promised".
That's no basis for anything.
I am trying, but I am not going to spend the rest of my days walking on eggshells.
We start over with a clean sheet, or we just knock it on the head.
Well? - Are you calling Christopher Roberts? - Roberts? No, we're not.
Oh.
Well, I'm sure Kavanagh knows what he's doing.
See you in there.
- Did you resist, Mr.
s Kendall? - Yes.
As much as I could.
When I realised it was no use, I covered my eyes.
But he took me by the wrists and pinned my hands above my head.
I shut my eyes, but he told me to open them.
The rape itself-how long did it go on for? I don't know.
I remember thinking I thought it would be quick, but it seemed like it went on forever.
It was very painful.
What happened when it was over? Armstrong left.
- Did he say anything to you? - He warned me not to tell anyone.
He said no-one would believe someone like him would go for someone like me.
He laughed.
He laughed.
Thank you, Mr.
s Kendall.
Yes.
Mr.
Kavanagh, before we get into your cross-examination, we might adjourn for lunch.
Two o'clock, members of the jury.
CLERK: All rise.
Harker seemed very surprised we weren't calling Roberts.
Was she? Good.
Then we've made the right decision.
- Mr.
s Kendall seemed genuine enough to me.
- Did she? LUKE: You think she's lying? According to David Armstrong, she is.
Yeah, well, he would say that, wouldn't he? Would you have me act as judge and jury? There are two sides, Luke.
Before you condemn both me and David Armstrong, at least hear the evidence, hm? KAVANAGH: Mr.
Armstrong had been working on building this swimming pool at your house for about three weeks, hadn't he? Er, about that, yes.
KAVANAGH: About three weeks.
In June.
It was rather a good June, wasn't it, weatherwise? Yes, I suppose so.
And as I understand it, both Mr.
Armstrong and his workmate, Mr.
Porter, came along on each of those days, didn't they? EVE: Yes.
And would they work through till lunch, or would they stop to have a coffee, or? - No.
They'd stop for coffee, about eleven.
- Yes.
There's a sandwich bar about five minutes up the road from your house, isn't there? Yes.
They'd go there, would they? No.
One or the other would go and fetch the coffee.
And then, at lunchtime, as I understand it, they'd eat in the shade of the trees - at the far end of your garden.
Is that right? - Yes.
Mr.
Armstrong had a yellow rucksack that he'd bring his lunch in, didn't he? Yes.
Yes.
1! think so.
KAVANAGH: On the days leading up to the one we 're concerned with, Mr.
Armstrong and Mr.
Porter had worked together and been there all day, hadn't they? EVE: Yes.
There had never been just one of them there on his own, had there? No.
On this particular day, as I understand it, there was a telephone call.
Mr.
Porter was called away.
- Is that right? - Yes.
What time was that? Just after their coffee break.
About half past eleven.
So, there was 90 minutes between the telephone call and lunch? Is that right? Yes.
Now, why was it on this day that you invited Mr.
Armstrong in for lunch? As I've said, I thought it would be rude to prepare something for myself and not offer him something also - not to share it.
But he had his own lunch, didn't he? No, I I didn't know whether he did or not.
You've told us about his yellow rucksack.
So, every day for, what, three weeks, he'd been having his lunch in the shade of the trees, and you chose this day to ask him in? Well, yes.
- Despite the fact that he had his own lunch? - Yes.
Why did you choose this day? It was a hot day.
I thought a drink - Was it because of the phone call to Mr.
Porter? - What do you mean? Mr.
Porter had been called away, hadn't he? Yes.
- He hadn't been called away before, had he? - No.
So this was the first time Mr.
Armstrong had been on his own, wasn't it? EVE: Yes.
- Is that a coincidence? - Er, I don't know what you I'm asking why this, the first time that you'd been left alone with Armstrong, was also the first time that you'd invited him in for lunch? I don't know.
I just did.
You just did.
Because it was also the day, wasn't it, that you called the bookshop to say you wouldn't be in for work.
- Is that right? - Yes.
- What time was that? - I I'm not sure.
Well, was it before or after Mr.
Porter was called away? - Before.
- Before.
- You're sure of that? - I think so.
- Why were you not going into work as usual? - I had a severe headache.
You described it to the police as a migraine, did you not? I may have.
I have the statement you made to the police in front of me, Mr.
s Kendall.
You told them you had, in your own words, "called in sick with a migraine".
Well, if that's in my statement, then that's what I said.
Let's move on now to the house, Mr.
s Kendall.
You've said that Mr.
Armstrong raped you in the hall.
Yes.
- You invited him into the kitchen, didn't you? - Yes.
He could have raped you there, then, couldn't he? - There was nowhere to lie down.
- Nowhere to lie down? The floor of the kitchen would've done just as well for his purpose as that of the hall if he was intent on raping you.
I don't know.
You don't know? I was pushing him back and somehow we ended up in the hall.
Somehow? Is the hall adjacent to the kitchen? No.
It's through the lounge, but he had me by the arms.
- He had you by the arms? - Yes.
Gripping me here, pushing me back.
You told my learned friend that he had you by the wrist.
"He pulled me by the wrist," you said.
Now, which is it, Mr.
s Kendall? Arms or wrists? That was later, when we reached the hall and he pushed me onto the floor.
Were your arms bruised, Mr.
s Kendall? - Yes? If Mr.
Armstrong had gripped your arms in the manner you've just demonstrated, one would reasonably expect them to be bruised.
- Were they? - Well, they hurt for a long time afterwards.
Were they bruised? Well, there were red marks where he - Were they bruised? - I don't know.
So, Mr.
Armstrong, intent on rape, ignores the kitchen, ignores the lounge and presses on through to the hall, where he pushes you down to the floor.
Is that right? - Pinning me by the wrists.
- I see.
- He's let go of this bicep area now, has he? - Yes.
Was it you who removed your jeans, then? No.
Perhaps you can explain, then, how Mr.
Armstrong removed them while simultaneously pinning your wrists to the ground.
- I wasn't wearing jeans.
- I'm sorry, I'm not sure the court heard that.
I'd changed into a skin.
You'd changed into a skin.
Yes, you had, hadn't you? I was coming to that in a moment, but let's deal with it now.
Why did you change? - For working in the garden.
Jeans were too hot.
- You wore them to hang out the washing.
- Yes, but that was earlier.
- So you changed into a skin after Mr.
Porter was called away.
- Is that right? - Yes.
And, as you told Prosecuting Counsel, you drank two bottles of beer at lunch time.
Yes.
Did working in the hot sun and drinking alcohol improve your migraine? Well, I was feeling better by the time I started to work in the garden.
Within 90 minutes, a migraine headache so severe it prevented you from attending work had cleared? Yes.
You also told Counsel that Mr.
Armstrong pulled open your shin.
Yes, he pulled it open in the kitchen.
"Pulled it open.
" - Was it not buttoned? - I had it tied at the waist.
- No buttons done up whatsoever? - One or two, perhaps.
One or two.
Then Mr.
Armstrong must have pulled at your shirt with some force to break those buttons free and break a knot.
- Is that right? - Yes, well, I don't remember clearly.
- Were the buttons torn off? - I've told you, I can't remember.
Could the witness be shown exhibit C, please? KAVANAGH: Would you be so kind as to examine that exhibit? - Do you recognise it? - Yes, it's the shin I was wearing.
Could you take it out of the bag? Are there any buttons missing? No.
Any rips or tears? No.
It isn't damaged in any way? No.
Thank you.
- You took it off, didn't you? - No, I didn't.
You took it off to have sex with David Armstrong.
- That isn't true! - And you had sex with David Armstrong to get back at your husband.
- Isn't that the truth of the matter? - No! Your husband was having an affair at that time, wasn't he, Mr.
s Kendall? Yes, but And you had quarrelled that morning? We'd had words, yes.
- What son of words? - A row, of sorts.
A row, of sons.
Mr.
s Kendall, isn't the truth of this matter that you had sex with David Armstrong of your own free will, in an attempt to pay back your husband for his infidelity? - No.
- There was no migraine, was there? You manufactured this headache as an excuse not to go to work, because you meant to spend the afternoon having sex with David Armstrong.
EVE: No! No! No! - And then, either regretting your action, perhaps fearing your husband's anger, or to provoke his sympathy, you concocted this rape allegation.
David Armstrong had told you there would be no repeat performance, hadn't he? You had flirted with Armstrong over a number of weeks.
And when the first opportunity arose, with Mr.
Porter out of the way, you took it.
- Isn't that the truth? - No, it isn't! That isn't what happened! The truth! I've told you the truth! The truth is he raped me! Are you and your husband still together? No.
Well done.
I can't believe the way you treated her! It was disgusting! - It's called testing the evidence.
- God, you're so unfeeling! What if it was me? What if I'd been in her place? And what if Luke was in his? Would you want me to spare her feelings, or would you want me to defend him? Now, come on! You started this, Kate! Kate! What would you want me to do? LIZZIE: Hard day at the office, dear? Julia! Julia! All going well with um um Armitage? - Armstrong.
- Whatever.
- Yes, fine, thank you.
- Oh, really? Good.
Good.
Well Peter and I have been talking about Ms Wilson.
- Alex? Yeah? - Yes, yes.
Very personable, I thought.
- Did you? - Hm.
Peter's not quite so keen.
You know, he can be stuffy about these things.
Now, of course it has to be on merit, but, well, you know, my voice is er it's not without some credibility in these parts.
- Isn't she a friend of yours? - Yeah, we were at school together.
Oh, really? Popular girl, I imagine.
You know, she's very vivacious.
Oh, yes.
The whole dorm had the most frightful crushes on Alex.
Yes? Did you? They? I mean, oh, did they? Yes.
Um Well, right.
Hey, look, what's the sitch vis-z'a-vis these tickets for Don Giovanni? Oh! I didn't think you er It's just that I thought that maybe we could make it a threesome, cos I know that Alex is a big fan.
- Is she? Is she? - Yes.
- Julia! - I'm sure something could be arranged.
Julia, I'm sorry, jam-jar's conked out.
- Could you give me a lift in? - Yes.
- Eleanor, all going well? - Sorry? - Jeremy.
- Jeremy? - Aldermarten.
- Oh, yes.
Hello.
- Giving old James a run for his money, are you? - Well, early days yet.
Ah! - Shall we um? - Yeah, of course.
- Let me know about the tickets, yes? - Absolutely.
Yes.
Now, Doctor, if someone had been gripped tightly by the arms it would it be reasonable to expect to find bruising, wouldn't it? It's a possibility.
- Was there any bruising to her upper arms? - No.
No bruising to her upper arms whatsoever.
- What about her thighs? Any bruising there? - No.
In a rape case, you would normally expect to find bruising on the victim's thighs, wouldn't you? No, not always.
- Well, commonly? - Yes.
- Any friction burns to her back or buttocks? - No.
Apart from some slight chafing to the wrists and a bruise to the face, Mr.
s Kendall was not injured in any way at all, was she? She had some internal abrasions.
- Which you described in your report as minor.
- Yes.
Would such abrasions be solely attributable to rape? No, not necessarily.
And one case where there wouldn't be rape would be if there was a bit of roughness during intercourse.
It might be.
Come on, Doctor! If the intention in this case was to do it roughly, then that could be the result.
Yes.
It could be.
Even when she was fully aroused.
Yes.
You have been married to Mr.
s Kendall for how long? Fourteen years.
Yes.
Fourteen years.
And you enjoyed normal physical relations with your wife in that period.
is that right? Yes.
Tell me, Mr.
Kendall, in all those fourteen years, did your wife ever ask you to be rough with her during sex? No.
Never.
Mr.
Kendall, you said that you found your wife in the bathroom, and she appeared to be distressed.
- "Hysterical" was the word you used.
- Yes.
Yes.
And as I understand it, she struck out at you.
- Is that right? - Yes.
How did you stop her doing that? Idon't remember.
- You grabbed her by the wrist, didn't you? - Well, I suppose I would have done.
And she struggled to hit you.
Isn't that right? Well yes.
- Did you do anything else? - How do you mean? - To try and shook her out of her hysterics.
- No not really.
What do people normally do to stop people being hysterical? Well I don't know.
What do they do, Mr.
Kendall? Take yourself out of this case.
What do you expect people to do? What do you see them do on the television? Well They slap people, don't they? Yes, they slap them.
What about on this afternoon? Did you slap your wife, Mr.
Kendall? You slapped her didn't you, Mr.
Kendall? I might have done.
Where might you have slapped her? Across the face, possibly.
Across the face.
Your Honour, that is the case for the prosecution.
KAVANAGH: Mr.
Porter, did David Armstrong ever give you any indication that he found Eve Kendall attractive? No.
If anything, he was the other way.
What do you mean by that? Well, I mean I'd make the odd comment about her, you know - that's Mr.
s Kendall.
You know, something maybe with a bit of an innuendo in it, you know? Like rude, like.
Anyway, Dave would give me a look like I was out of order.
He didn't approve? No.
I used to pull his leg - say he was one of those new men, son of thing.
Well, I guess he's just a bit more respectful than me with women.
Mr.
Porter, the reality is, you know, that as you were working on that site, Mr.
Armstrong's attraction for Mr.
s Kendall grew, didn't it? No.
He took every opportunity to ingratiate himself with her, didn't he? (Laughs) Come on, you're joking! If anyone was doing the running, it was her.
- Cos she was always coming out - Pause there, would you, Mr.
Porter? Your Honour, my learned friend asked the question.
- Mr.
Porter should be allowed to answer it.
JUDGE: Mr.
Porter? Look, it was obvious that she was up for it and that she fancied Dave.
Cos she was always coming out, bringing him jars, and that son of stuff to open, cups of tea.
"Couldn't you have a look at my car brakes?" All that kind of thing.
And she was always wearing like low-cut stuff, making sure she had to bend down, so he'd get an eyeful.
You know.
Let's have a look at that, shall we? Bringing him jars to open? - How would you say that is a come-on? - Well, it is, isn't it? Bringing him cups of tea'? How would you say that is a come-on? - Well, you know.
- Did she bring you cups of tea? Well, every now and then, yeah.
- Was that a come-on to you? - Well, I wasn't interested.
(Ripple of laughter) No further questions.
KAVANAGH: Professor Bellamy, how do you know David Armstrong? BELLAMY: lam his tutor.
- How long have you known him? - Two years.
And how would you describe his character? He is courteous, well mannered.
Intelligent.
One hesitates to use the term in this day and age, but really, with David it's quite justified.
He's a gentleman.
HARKER.
No questions.
- How do you feel? - Terrified.
I'm so nervous.
You'll be fine.
We're doing all right, aren't we? You were brilliant.
We're doing very well.
Just answer truthfully.
If there's something you don't know, or you can't remember, say so.
You'll be all right.
Whatever you do, don't get into a slanging match with Harker.
She asked me in for a beer.
I'm not a great drinker at the best of times, especially not in the afternoons, but it was very hot.
KAVANAGH: Yes.
So, you went into the kitchen.
Then what happened? We were just talking about this and that, the weather, and er She started talking about her husband.
That he didn't treat her properly.
She said that they er they hadn't slept together for about six months.
She said they weren't sleeping together.
What did you say? Well, I didn't know what to say.
I said "Oh", or something like that.
She asked me if I thought she was unattractive.
- Did you think she was unattractive? - No.
Well, she's not.
She's - Well, I mean, for her age, she's quite attractive.
- Yes.
Go on.
Well, she gave me another beer, and I I said that I shouldn't drink too much as I had to get back to work.
She said, "Oh, you don't have to go to work.
" I asked her what she meant, and she um she came over to me and she put her arms around me.
And she said, "Why don't we have some fun?" And what did you do? Oh, well, I told her that I had a girlfriend.
She said she wasn't going to tell her if I wasn't.
And um she took my hands and she put them on her breasts.
- She put your hands on her breasts? - Yes.
And she kissed me.
I Well, it it was sexy.
Perhaps it was the beer - whatever.
I I started kissing her back, and one thing led to another, and we ended up having sex.
Where? It started in the kitchen, then in the living room, but we we ended up in the hall.
- So, who would you say initiated the sex? - Mr.
s Kendall.
Yes.
What happened then? Well, after we had sex, I um Pause there.
Let me just take you back a little.
- Was there much foreplay? - No.
- Why was that? - I I don't - How did Mr.
s Kendall want you to be with her? - In what way? How did she want you to have sex? How did she? Well, with me on top.
- (Laughter) - Let me put it to you another way.
Did Mr.
s Kendall express any preference as Oh, she wanted me to be quite rough with her.
Dominant.
- How did she make that clear to you? - She asked me.
She said that she liked to be pinned down.
Kind of overpowered.
So, you had sex.
What happened afterwards'? She started asking me if I could get rid of Gary, my workmate, another day, so that we could do it again.
I said that I didn't think I could, and that I didn't think we ought to do it again.
My My girlfriend.
Mr.
Armstrong, what was Mr.
s Kendall's demeanour during intercourse? She was wholly willing.
Mr.
Armstrong, how did you come to be working for the Kendalls? Er, I'd taken a summer job during the long vac, to try and earn a few quid.
HARKER: Yes, I see.
HARKER.
And you come from a fairly affluent background.
Is that right? DAVID: Well, yes, [suppose so.
Well, your father is chairman of a multinational chemical company, is he not? Yes.
And yet, you took employment as a casual labourer.
Why was that? Well, I don't get an allowance, or a It was my father suggested I took the job.
- What um? - He said it would be character building.
Yes.
What did you think of the Kendalls? DAVID: Just people I was working for.
HARKER: And Mr.
s Kendall.
How did you feel about her? I thought she was very pleasant.
As Mr.
Kavanagh has already taken pains to establish, your habit was to bring your own lunch with you, wasn't it? Yes.
- And you had you done so that day? - Yes.
Why then, if you had your own lunch, did you accept Mr.
s Kendall's invitation and go into the house? - For a beer.
- But as you've already told the court, you're not a great drinker.
Especially not in the afternoon.
Yes, well, it was very hot.
I fancied a beer.
Indeed.
Was that all you fancied? No, there was the possibility of a sandwich also.
You could have enjoyed both beer and sandwich - in your usual spot in the garden, couldn't you? - She asked me in.
- Why did you think she'd asked you in? - For lunch.
- That was all? - Yes.
- Nothing more? - No.
Are you sure about that? Now, when he left, Mr.
Porter said that he probably wouldn't be back that day, didn't he? - No.
He said he might be back.
- But not for some time.
- Mr.
Armstrong? - I suppose so.
Thank you.
As you've told the court, you were involved in a relationship at the time, - one that evidently meant something to you.
- Yes.
It still does.
And yet, you had sex with Mr.
s Kendall.
Noli equi dentes inspicere donati, I suppose.
I hardly think that's what St Jerome had in mind, Mr.
Armstrong.
Your Honour? "Never look a gift horse in the mouth," Miss Harker.
I'm obliged.
A gift horse, Mr.
Armstrong? Is that how you viewed Mr.
s Kendall? She'd made it plain she was interested.
She'd been er I don't know, coming on a bit.
- Flirting.
- In what way? Well, she used to watch me work.
She didn't know I knew she was watching, but I caught her out once or twice.
I'd catch her eye and she would look away.
- And what did you take that to mean? - That she thought I was attractive.
- You believed she thought you were attractive.
- Yes.
Well, then why were you so surprised when, as you allege, she made her advances towards you more explicit? Well, I just was.
You were either aware that she found you attractive or you weren't.
- I wasn't sure.
- You weren't sure! I wasn't sure if she would do anything about it.
Very well.
Now you say she wanted you to be forceful with her.
What does that mean? To be a bit I don't know, masterful- to take the lead.
- To take the lead? - Yes.
I see.
- You had sex in the hall? - Yes.
- What was wrong with the bedroom? - Well, nothing, I suppose.
- Then why didn't you? - She didn't want to.
I thought we were going upstairs, but we got as far as the hall, and she wanted to do it there.
- Oh, it was Mr.
s Kendall's idea to use the hall? - Yes.
Didn't you think the hall would be uncomfortable? - No.
- What did you think? I didn't think anything.
- Was it uncomfortable? - Not particularly.
The lounge would have been preferable, wouldn't it? Well, I suppose so.
I didn't You could have pulled her into the lounge.
- She wanted to do it in the hall.
- But she'd asked you to be forceful, hadn't she? Yes.
To, in your words, “take the lead“.
- That is right, isn't it? - Yes.
Well, if you say the lounge would've been more comfortable, why didn't you take her in there? - Mr.
Armstrong? - I don't know.
Are there windows in the lounge, Mr.
Armstrong? Yes, of course.
- And the curtains were open.
Is that right? - Well, I suppose they must have been, yes.
- Are there windows in the hall? - Not that I remember.
No.
- Did you remove Mr.
s Kendall's underwear? - I don't think so.
Oh.
In interview, you told the police, "She took off her pants and we had sex.
" Your words, Mr.
Armstrong.
Well, I don't remember the police interview at all in any great detail.
I was in shock, and they were asking me one question after the other.
But you remember now that Mr.
s Kendall's underwear was left on? Yes.
- How, then, did you effect intercourse? - Well, I must have pulled them to one side.
Wouldn't it have been easier to remove them altogether? I don't know.
- Or would that have proved difficult? - What do you mean? To remove them would have meant releasing your hold on Mr.
s Kendall's wrists, wouldn't it? Yes.
We“, not like that She'd asked me to hold her by the wrists.
- You must have let go to undo your own shorts.
- Yes.
- Why didn't you take off her underwear then? - Well, I I don't know.
We I don't know if she wanted them left on, or I don't know.
- So, she demanded you had sex in the hall.
- Yes.
- And she requested you hold her by the wrists.
- Yes.
- And ordered you not to remove her underwear.
- Yes.
Are you always so dominant? (Sniggering) Now, you allege that after intercourse had taken place, Mr.
s Kendall asked if you could repeat the experience on a later occasion.
- Is that right? - Yes.
Yes.
And you replied you didn't think it would be a good idea.
- Why was that? - Why was what? A few minutes previously, you'd thought it was a good idea.
- Why did you change your mind? - I didn't.
I thought it would just be the once.
But she got all clingy, as if it had meant something - more than it was.
And it wasn't.
It didn't to me.
- No.
And you had a girlfriend, of course.
- Yes, that's right.
Yes.
Tell me, Mr.
Armstrong did you take precautions of any kind? No.
She er She said it would be all right.
- So, you had unprotected sex? - Yes.
- Why was that? - Well, I didn't have anything with me.
That was an enormous risk to take, for one brief liaison, - wasn't it? - Was it? You were prepared to take such a risk for something you had no intention of repeating? - In the heat of the moment, I didn't think.
- You didn't think.
No.
You failed to take precautions because to have done so would have meant releasing your hold on Mr.
s Kendall.
- Mr.
s Kendall was resisting your advances.
- No.
Mr.
Armstrong, your account of events on this day is a fiction from start to finish! No.
I suggest that you mistakenly thought Mr.
s Kendall was interested in you and tried to press your attentions on her! - That's right, isn't it? - No.
But she wasn't interested, was she? - She rejected your advances.
- No.
- She did.
And you were angry, weren't you? - I didn't rape her.
You raped her in the hall because it was difficult to get her upstairs.
That's the truth! No.
Might she have broken away from you? Is that why you didn't go to the bedroom? Did you choose the hall as, unlike kitchen or lounge, there was no danger of being overlooked by anyone passing outside? No, no, no! That's not true! I didn't rape her! Eve, tell them! Please! I never did anything she didn't want me to! Eve, tell them! Why are you doing this to me? Please! Why are you doing this? - Tell her the truth! JUDGE: Mr.
Armstrong, unless you can control yourself, I will have you taken down.
JUDGE: Miss Harker? She asked you to stop, didn't she, Mr.
Armstrong? And while you raped her, she wept, didn't she? No.
KAVANAGH: Your Honour, that is the case for the defence.
HARKER: Members of the jury, His Honour will tell you that, in order to convict, you must find that, beyond reasonable doubt, David Armstrong raped Eveline Kendall.
I am going to suggest that, on the facts you have heard, there can be no doubt.
You must start with the attitude of the two men working in Mr.
s Kendall's garden.
In particular, you must start with Gary Porter.
Now, he said that Mr.
s Kendall made it obvious to David Armstrong that she was, in his words, "up for it".
He was wrong about that Remember the examples he gave? Opening jam jars? Cups of tea? Do these suggest that she was “up for it“? Was she “up for it“ with Gary Porter, as well? Why should the invitation to a drink and a sandwich at lunch time signify consent to intercourse? Does wearing a skirt really mean that Mr.
s Kendall wanted intercourse? The reality is, it does not.
It doesn’t matter that Mr.
s Kendall had a migraine earlier in the day.
It doesn't matter that she had been wearing jeans.
It doesn't matter whether she rang into work before or after Gary Porter left.
Quite apart from all of this, you saw her manner in the witness box.
Did she strike you as a woman prone to flights of fancy? She told you that she did not want sex.
She was absolutely clear about that, in a way that David Armstrong wasn't.
David Armstrong wasn't clear about it at all.
He stated, in evidence, that he had pulled Mr.
s Kendall's underwear to one side.
He had told the police that Mr.
s Kendall had taken off her underwear.
Which was the lie? Was he telling the truth to the police, or was he telling the truth to you? Or was he not telling the truth at all'? Mr.
s Kendall's evidence was corroborated.
It was corroborated by the chafing to her wrists.
It was corroborated by her internal injuries, however minor.
Ladies and gentlemen of the jury, you have heard this woman's description of what happened to her at the hands of David Armstrong.
I ask you to accept it.
Members of the jury, I'm going to suggest to you that, having heard the evidence, you will have a number of not just reasonable, but very strong doubts.
If so, there is no doubt that David Armstrong should be acquitted.
Mr.
Armstrong has told you that Mr.
s Kendall consented to intercourse.
He says she positively sought it.
She sought it.
He didn't.
It is this aspect of the case that gives the lie to Mr.
s Kendall's version of events.
Mr.
s Kendall knew that Mr.
Armstrong always ate his lunch with Mr.
Porter at the bottom of the garden.
Why then did she ask him to have lunch with her in the house? Well, there's only one answer to that question.
R's because Mr.
Porter had been called away.
You will recall that this was the first day Mr.
Porter had been called away.
Mr.
s Kendall saw the chance to get Mr.
Armstrong into the house, and she took it.
My suggestion to you is that she wanted to get him into the house in order to have sex with him.
Mr.
s Kendall had difficulty remembering whether she telephoned her work to tell them about the migraine before or after Mr.
Porter had left.
Well, I think we can help her with that one, don't you? That migraine that prevented her from going to work it didn't prevent her from going in the garden in the sunshine.
Didn't dissuade her from having company for lunch and drinking beer.
Neither did it prevent her from changing her clothes, again, after Mr.
Porter had gone away, from a pair of jeans into a short skin.
And what of the shirt, tied at the waist? Members of the jury, this is not a picture of someone receiving advances from an unwanted admirer.
It is a very clear picture of someone making them.
Mr.
s Kendall says that Mr.
Armstrong ripped her shin off-he ripped it off.
Well, you saw the shin.
The buttonholes weren't ripped.
No damage at all.
Mr.
s Kendall told you that Mr.
Armstrong pulled her through the house.
All the way from the kitchen through the lounge, into the hall, gripping her by the biceps.
No marks whatsoever.
And then, members of the jury, Mr.
s Kendall told you a blatant lie.
She said Mr.
Armstrong slapped her face.
There's only one person who slapped her face that afternoon.
He was reluctant to tell you about it, knowing, perhaps, that he would be disclosing a truth that would be painful to him, and also very damaging to his wife's evidence.
It was Mr.
Kendall.
And what is to be made of that tie? I would suggest that it's not the only one she told.
Everything she did on that day, she did because she wanted to.
Whatever her reasons, she has been lying ever since.
I suggested to you earlier that there could be no doubt that David Armstrong is innocent.
I suggest to you that David Armstrong must be acquitted.
I'm obliged to warn you of the danger of convicting on the evidence of the complainant alone.
In cases such as these, one must find some other evidence which would suggest her story is true.
The demeanour of the accused, a consistency in the evidence, some corroboration.
If you are satisfied beyond reasonable doubt that Armstrong had sexual intercourse with Mr.
s Kendall without her consent then you must return a verdict of guilty.
But if there is reasonable doubt then you must acquit him.
Members of the jury, will you now retire and consider your verdict.
Good speech.
I think the chap third from the left at the back liked it.
Oh, well, that's all right, then.
Well, what do you think? I understand you are having difficulty reaching a verdict.
- Yes, Your Honour.
- Very well.
I would, of course, prefer a unanimous verdict.
But I am prepared to accept one upon which at least ten of you are agreed.
If you would retire once again.
Prepared your mitigation? You should have called Roberts, the led from the bookshop.
He'd have clinched it.
I said Look, this was considered in consultation, Mr.
Armstrong.
- Proper instruction was taken.
- The And what you ought to realise is that there is a difference between an affair and a one-night stand.
Anyone going to change their mind? Right.
Let's go round again.
- Guilty.
- Guilty.
Not guilty.
(Keys jangle) (Door unlocks) Will you please confine yourself to answering my first question yes or no.
Have you reached a verdict upon which at least ten of you have agreed? Yes.
Do you find the defendant, David Armstrong, guilty or not guilty of rape? FOREMAN: Not guilty.
SOPHIE: Yes! The old ones are the best, eh, Miles? Eve.
Let's go home.
Mellow groove (Chatter) (Music over conversation) I thought I had him on the ropes atone point.
He was fine in con.
Nerves.
It's always the way.
I was counting on you calling Christopher Roberts as the great lover.
- Then I'd have had you caught and bowled.
- Why? Because Christopher Roberts, my dear, is as gay as your hat.
- I thought he was - There was no affair.
She was helping him get over the loss of his mother.
Hubby got hold of the wrong end of the stick, so he began his own little escapade with little Miss Typefast by way of a payback.
Excuse me a minute - loo.
- I'm afraid that seat's taken.
- I was in court.
I just had to say, you were brilliant.
- But for you - You're a friend of David's? He raped me.
Does that count? That's the man you've defended, Mr.
Kavanagh.
She wasn't the first.
And he'll do it again.
He's just like his father.
Arrogant.
Selfish.
They take what they want.
You say no, and they take it just the same.
- Why should I believe you? - Why should I lie? I thought he might go down for this one, but, well, you were brilliant.
You should have spoken out earlier.
And have someone like you tear me apart in court? If what you say is true your silence has protected him.
Why? I'm at university.
I worked hard to get there.
He raped me but I'm not going to let him ruin the rest of my life.
What's your name? Was that your daughter I saw you with at court? Look who I found propping up the bar.
Fine way for River Court's newest pupil to be carrying on! Julia's been regaling us with the tale of another famous victory.
JULIA: You all right? - Yeah.
Yeah, I'm er Would you make my excuses to Harker? Tired.
Oh, it's you, sir.
I could have sworn I heard your door go a few minutes back.
Good God, Tom! Haven't you got a home to go to? No, not with a wife, three kids and 21 barristers to feed, I haven't, sir, no.
Oh.
I hope you don't mind.
There wasn't a chance to thank you properly at court - all the carry-on.
No.
Would you put that back, please? Pretty girl.
I've just met someone.
A woman.
She was in court.
Said she knew you.
From university.
- Oh, yes? Did she say her name? - She wouldn't say.
Fair hair, round about 5' 5", blue eyes Your age.
Sorry.
It doesn't mean anything to me.
No.
I didn't think it would.
Well, thanks again.
Goodbye.
Yeah.
Goodbye.
You had to defend him, Jim.
If not you, someone else.
Someone else might not have got him off.
- This girl might have been lying.
- No.
No, she wasn't lying.
Kate was right.
Good judge of character.
Who do you think she gets that from? Look, it was down to Harker to prove the case.
She didn't.
You could have.
You've done it before.
You ought to prosecute more.
- It's not really me.
- No.
No.
You're a true romantic.
You look for the best in people.
Not your fault you can't always find it.
Good night, Kate.
What have I done to deserve that? A kiss for the winner? Then I owe you one.