Silk s03e04 Episode Script
Episode 4
Billy Lamb? What do you want? I'm a solicitor.
Well, that's a relief.
It's family.
I I really need your help.
I need Martha Costello.
Well, why didn't you say so? Come in, come in.
I came in today with verve in my loins.
My question is, can I make it to the end of the day feeling the same way? Your grooming trial, miss Yes, John? .
.
turned into a conspiracy.
Just like that? Well, no-one could get hold of you.
And the CPS have just delivered a batch of phone logs.
A batch? A bit more than that.
Right.
And your judge is Alan Cowdrey.
The words I'm waiting to hear are, "But don't worry, "I've got you a junior and they're already on it.
" Sorry, miss.
Get Jake to shift that lot.
Jake left.
Remember? Worth remembering, Harriet, I'm the talent, darling.
You're backstage.
Miss, this is Dani Kakwani.
Martha Costello.
The, er Arizona bombing.
What about it? Hassan Makhdoom was blown up in the attack.
His brother Sajit survived and is about to stand trial.
So The US want to extradite someone else from Wolverhampton Tech.
My nephew Rashid, they're saying he was involved, that he did some sort of hacking to plan for their attack.
Some sort of hacking? This is the US Government.
They're not big on sharing their thoughts with a solicitor whose dad was born in Lahore.
I'm not an extradition lawyer.
Nor am I, but Rashid's running out of options and the judge doesn't want the case reopened.
I need someone who's going to fight for him.
Even if I wanted to help, you need someone who understands the arguments.
Clive, you've done extradition.
Once.
Never again.
Why? Because you lose.
Can I see? You could argue improper purpose.
Looks like the US have drawn up charges without knowing if he's involved, to get him into the interrogation programme, to find out if he is.
It's what they do.
Lying so they can torture people.
I didn't say that.
Yes, you did.
Oh, good.
You two have found each other.
His parents are good people.
He plays cricket in the street, for goodness' sake.
There's no way he's mixed up in this.
I never even knew the brothers.
They were at my college, that's all.
And I'm a follower of the Prophet.
Violence is haram.
I could have never done what they're saying.
Rashid, if the US is trying to get you there to interrogate, we can still argue improper purpose.
That's what they do in Guantanamo, isn't it? They don't tell you why you're there.
They They don't show you anything.
But this is England.
My father came here when he was 18 because he wanted to live in the home of democracy.
And now he has to hear his son called a terrorist.
And his son can't even tell him what the evidence is.
Why? That sounds like a good place to start.
Asking why and not taking no for an answer.
If they decide to make me their scapegoat, I will not get on that plane.
I don't care what I have to do to myself.
I'll do it.
Prosecution as the promised land? You have to give the people hope.
Yeah, but some of the people here have never done prosecution.
CW is moving in on the junior end and the squeezed middle cos she sees how unhappy they are.
She thinks a bit of agitprop will get their votes.
Her message is one of despair.
What? And I'm hope? Well, if CW is despair and I'm hope, what's Martha? I don't think she knows.
Hello, Billy.
In with the new.
Out with the old.
- What hearing? - We sent a pupil.
Amy Lang.
It was a five-minute application to move the trial date forward.
To Monday.
Did Ms Lang fight it? She had your dates.
And there's no clash in my diary, so in your clerking brain the fact that I've got about 100 hours of preparation to do Miss, I'll understand if you don't want to carry on with the campaign.
I want you to get everyone in chambers who is as fed up as I am with this nightmare of a life and send them to see me.
I am their candidate.
I am sick and tired of being exhausted because there's no legal aid for juniors, which means I stay up all night every night working on complex trials only to be told I'm a fat cat by a government full of the fattest cats in the history of fatness! And get me Amy.
Since she's happy for this trial to start so soon, she can bloody well help.
Hello, miss.
I need you to call Damian Garner at the Maudsley.
I want a full psychiatric assessment on Rashid Hirani.
Done.
How was your con, by the way? Forget abuse of process.
I'm going to fight and win on mental-health grounds.
What mental-health grounds? He wants to kill himself.
Martha Shoe Lane.
I'm sorry, but it's the right argument.
He's a vulnerable child and what they're doing to him is abusive.
He's being destroyed by an unjust process.
If they get him to the States, they'll get him to say whatever they want him to.
Hold the line, would you, please? Miss, I've got an Elizabeth Forester from the US Embassy.
Says she'd like to speak to you and that she could save you a lot of effort.
Martha.
Er Amy, sorry, just got to take this call.
Thank you.
Hello, Martha Costello.
Amy? What is it? Amy, can you come with me, please? It's nothing.
We don't need regulating.
If we're not good enough, we don't get the work.
Miss? Amy, you're not busy, are you? Good.
The grooming trial you so kindly agreed to bring forward for me.
The evidence the police just sent me is in there.
Read it, schedule the hell out of it, and tell me everything I need to know.
We have three days.
So, can I count on your vote, David? I understand that you saw Rashid today.
Who told you that? I thought you should know that the US takes its duty of care to prisoners, especially vulnerable prisoners, very seriously Who told you that I saw Rashid today? .
.
which is why I'd like you to consider these assurances.
First of all, we can now guarantee that Rashid will not go to Guantanamo Bay.
There was never any mention of Guantanamo.
We can also guarantee, if you co-operate, that as a UK citizen, he will not face the death penalty.
But if he goes into your prison system he will be living under 23-hour lockdown, he won't see his family, he won't have proper access to legal advice, and, as present history suggests, you'll be employing interrogation techniques, which, to be frank, are a little bit bloody medieval.
Martha, due to the importance of this case, we will make more compromises.
Why are you sounding like a press officer? We can just speak English.
Rashid will be housed under regular US prison conditions.
He will have 24-hour access to medical supervision.
We'll provide him with his own psychologist and he will be free to choose his own attorney in accordance with Arizona law.
He's not well enough, even with your assurances.
Hm.
Isn't it odd how suicide is a terrible sin for Muslims, except when they're blowing themselves up or about to face extradition? So, are are you leaving? Excuse me? Because I haven't finished yet.
If we don't win on the mental-health argument, we will go back to improper purpose.
There's not enough detail on the charges to prove that you're not just getting Rashid over for interrogation.
OK, if that's the case, then the US Government is happy to add a little flesh to the indictment.
We know where the hacking happened, Martha, we know when it was done, and the minute Rashid hits US soil, he will go on trial for conspiracy to murder innocent Americans.
Good day.
Sami Allahu liman Hamidah.
Allahu Akbar.
Allahu Akbar.
Allahu Akbar.
Allahu Akbar.
Rashid, I know you've lost faith in this process, but we have an opportunity now, a small one.
The US has added information to your charges because they want us to give up.
Our one hope is that somewhere in what they've added there's a mistake or a lie.
I need you to answer some questions for me truthfully.
Were you at the college at the time the attack was planned, the two-day window they've got down here? Yeah.
Were you in the hall of residence they say, with the brothers, when the attack was planned, at the time? Rashid, answer.
Yeah, I was.
And what about the room? See, now, they say they can pinpoint that hacking to a specific computer in a specific room.
What is it? No.
No, I was never in that room.
And you're certain of that? Yeah.
The room they say I did that hacking in, II never stepped foot in it during the time they say.
Abuse of process.
What? When you wake up in the morning, the first three seconds of consciousness, do you think about the case you're doing? Yes.
Is it abuse of process, if I can prove the US got details wrong on their charge summary? Depends what and where.
Well, the US had put Rashid in a specific room at a specific time doing this research.
Now, he says he wasn't there.
Martha, if they're being that specific, then they must have proof.
I bet you dream about them too.
All right, Mar? You probably don't share cigarettes any more, do you? I don't smoke roll-ups any more.
No, not here, not with this crowd.
It's amazing in here, but it makes you feel like you're not allowed in.
that was anti-democratic.
Why are you here, Sean? I was passing.
Oh, right, you were passing? I was passing, and I thought, "What happened to the girl that broke my teenage heart?" Um listen, I'll, er I'll see you in chambers.
Yeah.
Not your husband, is he? And what would you say if he was? I'd ask you why you married a big dolphin.
I hope he's not the jealous type cos I would love to go for a coffee with you, Martha Costello.
First you tell me why you're here and then I'll think about coffee.
Maybe another time, then.
Who was that? Mr Mysterious.
Sean McBride.
Right.
Thanks.
Who's Sean McBride? He's He's what I used to be.
Well, anyway, um if you want to argue abuse of process, it's not enough to say that the information was false.
You have to prove that the US knew it was false.
And how the hell are you going to do that Mar? Ah! Put extradition on the chambers website, would you, Harriet? Another string to the Shoe Lane bow.
Well done.
Whoa! Was that a compliment? I always give credit where it's due.
Maybe it's the female mind - open, capable of thinking beyond dull prejudice.
What, and Clive Reader's a better candidate than Martha Costello for head of chambers? I think so.
Do you fancy him, Harriet? What's that got to do with anything? I'm just asking.
Just sexist.
Imagine if I asked you the same question.
What? Do I fancy Clive Reader? Do you fancy Martha Costello? How I feel about Miss Costello surpasseth all understanding.
Talking of medieval, you know what amazes me? How much energy you're expending on someone who would ban you from working and getting an education, and who would expect you to walk behind him all the way back to the 13th century.
Have you been practising that speech? Are women even allowed to drive in Saudi Arabia? You see, there's a disconnect.
Rashid is 19 years old.
He's an individual.
He feels like a victim.
But the real victims? Frances Brady, Adam Gilmartin, Joey Maldini, Angel Valera.
Four University of West Arizona students, enjoying their graduation day, with the whole of their lives ahead of them, when they were blown to pieces.
Brady was pregnant.
That's not the point.
If that's not, what is? Oh, didn't you know? I've got dual qualification.
With this much lazy anti-American feeling around, we think it's better that an American stands up for America.
That's the point.
Sorry? There's a principle that transcends national interest and religion and well, everything else.
Habeas corpus, Elizabeth, the right to be tried, the right to know what you're accused of so that you can defend yourself.
All rise.
Miss Costello .
.
from what I can see from your skeleton argument, you want to reopen this appeal by arguing that there's been an abuse of process and forcing the United States to show you all the evidence they have against Rashid Hirani? Your Lordship will have seen I'm a direct man, Miss Costello, and I've been told you're the same.
I do not want this appeal reopened without good reason.
Now, what is the answer to my question? My client has always maintained he was set up and now there's a discrepancy that confirms that.
Why has it taken six months for him to remember this? The United States have only just added the specific location.
The, er room in the hall of residence.
This is our first chance to respond to it.
This detail is crucial because it's the only thing that links him to the conspiracy.
Ms Forester? My lord, whatever Mr Hirani claims, we are confident that he was in that room at the time the hacking was activated.
We can put him there.
We're happy to let the court see further evidence, if it can help bring this process to an end.
You have two days.
All rise.
What's our listing? Er court nine, first on at ten.
Time now? Ten to.
So, fill me in.
The phone logs? Er there's lots.
Yes, Amy.
Bottom line, is it for us or against us? From what I've seen, um the stuff I've been able to examine has been mainly from the men to the girl.
OK.
Er I've asked you to prepare a schedule.
I'm guessing you haven't done that, so all I want is a simple, clear answer instead.
Does this work for us or not? The material mainly consists of calls and texts that suggest bullying and coercion.
So, yeah.
Yes, I I'd say it definitely helps us in trying to prove that there was a conspiracy.
There.
Wasn't so hard.
Hello, Caroline.
So exciting to be against you.
One just doesn't know what's coming.
Which Albanian paedophile are you representing? Touch of racism there.
Under pressure, are we? I don't need to remind you that this is the property of the US Government, so if you leak it or share it with any party not involved in this case, you're in violation of US law and at risk of prosecution.
I don't know.
Maybe a drink would do it.
What? Stop you making speeches and get you talking instead.
I know it's hard for you to accept what Rashid was part of, but our investigators were pushed to the limit finding this material.
It was hidden deep on his hard drive.
Once you've had a chance to look at that, I hope you can accept it, however painful that may be.
Oh, hello.
Clive Reader.
I know.
Thank you, Elizabeth.
I think we've got everything.
Jesus, that woman! What's this? Evidence, apparently, that Rashid Hirani is linked to the bombing.
I mean, half of it's redacted.
That's to protect the security services who gathered it.
Look.
The MI5 seal, telling you that the bulk of the evidence that the US is relying on has actually been gathered by British intelligence.
That's why they're so confident.
So, none of this links to the bombing.
What are you talking about? Jihadi websites.
Searches on Yemeni training camps.
This does not put him in room 132, hacking into security details.
Martha, if they've got this, imagine what else they've got.
Well, maybe this is everything.
Rashid is radicalised.
Why can't you see that? I am only interested in whether he's linked directly to doing that research.
Well, is this clear enough for you? You said you didn't even know the Makhdoom brothers.
I mean, what did you think? They wouldn't find these? Answer her, Rashid! These photos aren't right.
This is a picture of you in a corridor with the two people who set off the bomb in Arizona, and that's not all.
They've got you outside the room where they say the university's security details were hacked, and, this is the killer blow, they've got a witness who says they can place you in the room where the hacking was done.
Rashid.
We believed you.
I promise.
I was never in that room.
Is that you or isn't it? I only met them briefly.
I didn't admit it, because I know how it would look, but I I only met them once, on that day.
And what happened? Sorry, but if if you've lied about this, how am I supposed to believe you're still innocent? Because there was someone else there as well.
He was the one who said that we should meet the brothers.
He was the one that pushed me into it .
.
who said if we were true Muslims, we'd listen to what they had to say.
Rashid, who are you talking about? I'm talking about someone who was there.
I'm talking about a friend.
He should have been in that photo.
He was at that meeting, and and whoever gave this to you has taken him out.
What was his name, Rashid? I promised.
This is how you open, Amy.
Get it right and, by the time you sit down, the trial can be effectively over.
Yes, Ms Warwick? Ladies and gentlemen of the jury, this was a case of systematic and brutal exploitation.
Three men identified, isolated, groomed and terrorised a vulnerable teenager.
They separated her from her family and used her for their own revolting sexual purposes.
She is 17.
They are all over 40.
The defence will seek to portray her actions as consenting, but all you need to know is that in one three-week period this victim was bombarded by over 2,000 texts, e-mails and calls from these men, a relentless barrage of disgusting demands that this young victim was hopelessly ill-equipped to resist.
These alone demonstrate the defendants conspired to This is the first time that I've ever had to do this, my lord, and it gives me no pleasure, but I feel compelled to interrupt my learned friend and ask that the jury leave the court.
Jury, five minutes, please.
Never in my whole career have I had an opening interrupted.
You are blatantly misleading the jury.
In at least 40% of the material that my learned friend is talking about .
.
it was from the complainant to the men, not the other way round.
I'm so sorry.
I was sure I'd gone through this box.
These texts are from the girl.
I thought I'd said I wasn't sure.
Look, I'm sorry, I'm just a bit stressed.
We're all stressed, ducky.
It's the Criminal Bar.
I'm sorry.
And don't worry.
It's not fatal.
It's for Martha.
It's from the Maudsley.
Thanks.
There's a message from the doctor.
Sure.
So, what's happened? He didn't deny he met the brothers.
But he says there was someone else there, somebody he doesn't want to get into trouble, who knew them better, and someone who was in this image before it was altered.
Did you believe him? I don't know.
Ooh! Whose are these? They came for you, miss.
Actually, they were hand-delivered.
Grateful client, maybe? Possibly.
Amy? Can I have a word? What's he look like, then, flower man? Tall, dark, handsome.
Northern.
How's the trial? Erm not great.
Why? This isn't about the trial.
I've been trying to talk to you about this, but I didn't know how.
What is it? Billy.
What about him? He took me to the pub and when we were there he promised that he'd get me tenancy.
Well And he said it while his hand was on my knee, and the same thing happened a second time.
When? At Alan Cowdrey's party.
Are you sure? Yeah, and I swear I didn't do anything to encourage him.
I didn't do anything to lead him on.
The reason I didn't tell you was because I came here to learn from you, not to be a part of some scandal, and because if I don't get tenancy here, I don't know how I'm going to survive.
Right.
I want you to go home, get a good night's sleep and let me take care of it.
OK? Martha.
What did you get? I went to the college to find out who was resident in room 132 and that's what I got.
Redacted.
Did you try and They're not at liberty to share that information.
They said a man from the MOD had been in to see them.
MOD is what MI5 are when they're pretending to be normal.
So Rashid is protecting someone.
Yeah, but so are MI5 and, from what I can see, they're the same person.
Miss Costello, this is not a trial.
The evidence is not at issue.
My lord, but the process by which the evidence was acquired is.
It appears to us that there is another individual involved, someone who is right at the heart of this case and whose whose role and motive, as of yet, we don't understand.
My lord, this is all speculation and it's making the UK extradition process look ridiculous.
The presence of this individual and his relationship to the security services opens up questions that this court has to address.
My client says he's innocent, so why did the United States pass us MI5 material that had been falsified? What do you mean, falsified? We believe there was a fourth person at this meeting, my lord, and his presence has been obscured.
And you say that fourth person has been airbrushed out? My lord Miss Costello, whatever the role of this individual, if he or she exists, the court cannot grant you permission to see everything you want to see.
But, my lord A great deal of the material you've requested is classified intelligence material.
Well, until this court examines that material, then none of can say whether my client deserves to stand trial or not.
You asked to see me? She's very tenacious, Martha Costello.
She's, er committed.
Well, as a result of her efforts, the Rashid Hirani extradition is now spiralling out of control.
She wants to see all classified evidence against her client.
The Americans are going berserk.
They thought they had their man on the plane.
There is clearly an issue.
The exact role of an informant, on which far too much seems to rest.
You know the usual solution in situations that involve this much sensitive material? You appoint someone to look at it, who then makes sure that everyone's being fair to the defendant without actually telling him what any of it says.
I need someone independent, Clive, but also someone who understands the true complexity of the, er situation.
We have a treaty with the US, a treaty we we can't afford to damage.
Our security services are in a delicate situation.
You know I'm in chambers with Martha Costello? Tiny world, the Criminal Bar.
We'd never get anything done if you couldn't do cases with people you know.
And I'm sure you're entirely independent-minded.
Well done.
We've just heard.
Er yeah, just between you and me, I'd love to know how it happened.
She knew who I was.
Who? Elizabeth Forester.
She must have seen your name on chambers' website.
The whole thing about special counsel is it's meant to be independent, Harriet.
Couldn't agree more.
Ah, special counsel, sir.
Great honour.
Who gave you the news? Lord Justice Reynolds.
Just you and him, was it? Cosy little chat? Stood the Church clock at ten to three? And was there honey still for tea? I'm my own man, Billy.
Course you are, sir.
Of course he is.
They came to me.
I didn't approach them, if that's what you're thinking.
Yeah, well, you could have said no.
How often does something like this come along? Oh, come on, Clive.
You're being incredibly naive.
You don't think they picked you because you're the right man for the job? They picked you because they want to wind me up.
They? Who are they? You're being delusional.
I saw how you reacted to the material the US served.
And what? All of a sudden, you're the only person who can look at secret material and tell me whether someone else has unfairly incriminated my client? Yes.
How does Elizabeth know you? She doesn't.
And don't you think she might be a bit more concerned about how well you know me? I knew I had to reply immediately.
Why? Because of what they would do if I didn't.
What was that, Ashley? They would threaten me, and when they saw me again they would make me do things.
What sort of things? They would force me to have sex.
So, these texts and e-mails from you to the defendants I sent them because I had to.
Are you saying that you feel you had no choice other than to send them? No.
None.
I had no choice.
I had to do whatever they wanted.
Thank you, Ashley.
"I sucked your cock, you fat bastard.
"You owe me the drugs.
" Did you write that, Ashley? I don't remember.
It's here in black and white, one of 25 texts you sent over a two-hour period on June 29th.
"Give me the drugs.
" "Where are the drugs?" "You owe me those drugs.
" They used the drugs to control me! The truth is, Ashley, that you were a prostitute.
Isn't that right? No.
You were a prostitute and you willingly gave those men sex for drugs.
No! And if the frequency of these calls proves anything, it proves that you were determined to extract whatever payment you could from them.
That's not true! Shall I read the last text that you sent that day? "Give me the drugs, you bastards, "or I'll call the cops and tell them what a bunch of paedos you are.
" That's why we're here, isn't it? Because these men didn't pay their prostitute on time.
Lunch? The court has appointed someone called special counsel.
That means all the material that's been used to establish a case against you is going to be examined so there's no point in protecting anyone any more.
Do you understand? Now, whoever it is that you don't want to get into trouble, whoever it is you thought you were being loyal to, well, odds are that's who's betrayed you and that's who MI5 are working with.
So you need to tell me everything.
Rashid? It was after a big drone attack on the Pakistani border.
The deaths used to get reported in the mosque .
.
and this time a whole family died.
Four kids under ten.
There was a lot of anger, people saying someone had to do something.
Even the imam was furious.
Finally, as we were leaving, Salim said he knew some people we could talk to.
What did he say? He said he knew these two brothers in our hall .
.
and they were planning something.
The Makhdoom brothers? Salim had met them before.
We talked, we prayed.
They told us they had a plan.
They didn't say what.
They said they knew I was good with computers and could use the help getting security details of the University of West Arizona.
I agreed.
But, straight after, I got scared.
I didn't want to be part of it.
I told Salim I didn't want to do it.
I I didn't want to be involved.
So you were never in his room doing that research? No.
But Salim went back in.
He must have done it, not me.
Then what happened? I don't know.
After I told him I didn't want to do it, I I saw him with them one more time And then he told me he'd pulled out too.
Did he say why? A few months later, the attacks happened.
I mean, we couldn't believe it.
We were terrified.
But we promised we'd never say anything to incriminate the other.
And you thought he'd stuck to that? I thought our friendship was part of my faith.
You know what we used to think in my family? We used to think our problem with the next generation would be that they'd be too westernised, that we'd struggle to get them interested in our traditions.
Dani, you've got contacts in the police.
How about we go and have our own little conversation with Salim? Thank you for seeing us.
What can I do for you? I'm professionally embarrassed.
What do you mean? How? In the short adjournment, I went to the robing room.
On the desk next to my bag, there was a sheet of paper.
I wasn't thinking, and I started to read it.
Well, what was it? The first defendant's proof of evidence.
I'm afraid I have completely inadvertently given myself a huge advantage, essentially meaning that these defendants wouldn't get a fair trial, were I to continue prosecuting.
It is with great reluctance, I am obliged to withdraw, as the bishop said to the actress.
Mr Lever? I'm not sure my learned friend is so embarrassed she can't continue.
What you mean is that it's going really well for you right now and the last thing you want to do is stop.
She's got a junior.
Did she read the defendant's proof? The whole point of having a junior is that they can take over in a situation like this.
No, she didn't read it.
But .
.
I did tell her what I'd read.
Then I have no choice but to discharge the jury and order a new trial as soon as possible.
It is with huge regret that I'm afraid I just don't see any other way out.
Salim.
What are you reading? Politics? After the attack, I didn't sleep for days.
Rashid had gone home, but I was still at college.
It only took 'em 48 hours to pick me up and then it was straight to Paddington Green, and every day being told they've got evidence that could have me facing I know what I'd do.
I'd say anything to get out of there.
- I didn't say anything.
- But you did.
You told them that Rashid had hacked into the university security plans for the brothers.
How could I have done it? He was the one who knew how to do that, not me.
Did you see him? I mean, did you actually see him, in your room, at your machine, doing that research? You think Rashid is innocent, because he's awkward and shy, but you don't know him.
You didn't hear him talk every night when we read the Koran.
He was the one who said infidels would get what they deserved.
Did you see him or not, Salim? I pulled out, OK? Once I heard the details, I didn't want anything to do with what the brothers were planning.
Neither did Rashid, so why incriminate him? Why do a deal with MI5? You don't understand.
I I don't like what I've done to him, but but I had no choice.
No, you did, and you still have.
You can come to court.
Come to court and admit that you never saw him do that hacking.
It's too late for that.
I went to see Salim Dasti.
What? This whole case rests on the word of one terrified boy against another, and no proof of which is telling the truth.
Martha, enough.
Look, come on, Clive.
Nobody's listening.
Why don't you talk to me properly? What have you seen? All I'll say is, is that somebody helped the brothers.
They didn't plan the attack alone.
Salim was at the same meeting as Rashid, so why not charge both boys? Why work with one and punish the other? What if I told you that there was something in the files that has convinced me that Rashid was involved? I wouldn't believe you.
You don't think I'd be honest with you? I'm going to call Salim to give evidence, make him tell the truth.
Want a drink, miss? Excuse me.
Billy, Amy came to see me.
About what? You promising her tenancy.
So? With your hand on her knee.
Hang on! She's very upset, Billy.
Well, she's got it wrong.
How? It's not what it looks like.
Then what the hell is it? I couldn't have done anything like that.
I Miss, since I've had the implants, I can't even This is how it is for me now.
Oh, Billy.
No, I don't want your pity, miss, but I want you to know that I didn't do anything ugly or untoward with Miss Lang.
That is a misunderstanding.
Well, you need to apologise and tell her what's going on.
Miss? You promised me that if this was affecting Shoe Lane, you would tell me.
If Amy makes an official complaint It's the only way, Billy.
Miss.
Miss.
I've told Amy you've got something to say.
Something you want to explain.
I can't.
Just Just give him till the end of the day, please.
Salim? He hasn't shown.
My client now admits he was at a meeting with the Makhdoom brothers.
However, it was at someone else's behest and that was the full limit of his involvement.
My lord, I'm afraid that is not a position which is supported by the redacted material.
My lord, sorry, is there any chance of the court actually seeing this evidence? If you don't have proof that your client has been implicated through an abuse of process, then I'm afraid this application is at an end.
We're going to adjourn for ten minutes, during which I want you to consider your position.
All rise.
You're doing their job for them, and I don't understand why.
I'm telling the court what I've seen.
That's all.
Well, let's find out the truth.
My name is Salim Dasti.
I was at college with Rashid and I was his friend.
Have you ever been at a meeting with the Makhdoom brothers? Yes.
Who else was there? Rashid.
And can you tell the court what happened at that meeting? Rashid and I talked with the brothers, and, um they explained that they were serious about using their student exchange to do something .
.
something that would show the Americans how we felt about the way innocent Muslims were being killed.
And then what happened? They said that, if we were serious, we had to prove it.
Rashid and I had to help them get security details for their attack.
But Rashid didn't go through with it, did he? You went ahead, but Rashid backed out.
No.
It was the other way around.
I backed out.
I told him I didn't want to go through with it, and then I went back into my room.
Then why did you tell this court that Rashid did the research from the same room? Because he did.
The evidence they showed me proved he did.
Your claim doesn't make any sense.
You've said that you went back to your room alone, and then you insisted that this is where Rashid did his research.
I mean, how can you expect us to believe you? Because when I told him I wanted to back out, he told me he wouldn't.
He said he didn't care if I didn't have the guts.
He would show the brothers he wasn't scared.
He's lying! You know what you said.
Calm down.
I'm warning both of you.
You're lying, Salim, and MI5 know that, and that's why they've done everything they can to hide your involvement.
No, that's that's not true.
I don't know how he did that hacking from my computer, but he did it, and the reason MI5 protected me is nothing to do with that.
Then what is it? I mean, why cover up your presence? Why remove you from the photographs? Salim, you are obliged to give this court an answer.
Because I didn't just back out.
I called them.
After that meeting with the brothers, I panicked.
I found a number and I I called a helpline .
.
and I told the person I spoke to that something might happen.
And what did they do? Nothing.
They took my details and they said they'd call back, but they never called me.
That's why we're all here, because our intelligence services were too busy to make a call, and then, because they knew how it looked, they offered me a deal.
They hauled me in after the bomb went off, and they told me that they had enough to send me to prison.
They said that if I could give them enough about Rashid's role, then then I could avoid it, because .
.
because then, at least, the US would have a proper conspirator to put on trial.
Can I point out that this admission doesn't change the fact that Rashid Hirani was at that meeting? He agreed to do research on the proposed attack and there is no other person who could have done it.
We will retire to consider our decision.
Mr Reader, we may call on you for assistance.
All rise.
So that's what this has been about? Sending my nephew to America so no-one would know MI5 screwed up? I can't comment, except to say that from what I've seen Rashid deserves to stand trial.
If we lose this, I'll make sure journalists on both sides of the Atlantic know about Salim's call, and then we'll know what the public cares about, a kid who made the mistake of going to one meeting or MI5 letting a bomb go off.
I hope you're not going to let him do that.
What else can he do? Martha, it's human error.
Trust me.
How many calls do MI5 get right? How many great decisions have they made that we've never even heard about? Rashid Hirani is my client and Rashid's been made to suffer to cover MI5's cock-up.
Billy, did we ever get that psych report for Rashid? Miss! Billy.
It was in your in-tray.
Thank you.
Uh.
Oh Clive.
Clive.
This is your solution? It's a solution.
And it's better than MI5 looking stupid over an innocent kid.
I just came to see how you were.
Why? Well, it's unusual for prosecuting counsel to be embarrassed.
Well, I was.
Right.
So, how's chambers? Dysfunctional, riven with political internal infighting.
Nothing changes, then.
Maybe what you need is a break.
I've never felt less like taking a break.
I'm going to stand in this election to replace you, and I intend to win it, and when I do, things are going to change.
Matt Busby made it hard for everyone who followed him.
What? We probably don't need an elder statesman coming back, giving sage-like advice, Alan.
Well, then, all I can do is wish you luck.
We have arrived at our decision.
Our judgment has been strongly affected by the report into the psychiatric condition of the applicant, Rashid Hirani.
We are particularly influenced by the fact that, although it was commissioned by Mr Hirani's legal team, it is also endorsed by the security services.
We rule that Rashid Hirani is not fit to endure conditions he would find in US custody and must remain here.
Since there are no charges against you here, Mr Hirani, it is my duty to inform you that you are now a free man.
All rise.
Martha, well done.
Thank you.
Thank you.
This would be the heart, wouldn't it, if you had to say? Hm? This place would be the heart of our legal system, and there's nobody here, just you and me and the truth.
There was no evidence to link him to that hacking.
The evidence was still being uncovered.
That's not the same thing.
Clive, they couldn't put him in that room where the research was done.
It is as simple as that.
Is it? What's this? It's a string of code from a Trojan virus, found by forensic officers examining Salim's hard drive.
His computer was infected with software, which allowed somebody to control it remotely and then destroy all traces of their work.
Now, there's nothing to link it to Rashid, yet, which is why I couldn't use it.
But I can't think of anyone else who could have put it there, can you? There's more than one way for him to have been in that room, Martha.
Yeah, it's a great talent, the ability to convince people that you're a helpless victim, when you're pulling the strings all the way.
I'd like to make an official complaint against Billy.
I won't blame you, miss .
.
if you feel you can't stand by me on this one.
I'll understand.
Help me, please, miss.
Well, that's a relief.
It's family.
I I really need your help.
I need Martha Costello.
Well, why didn't you say so? Come in, come in.
I came in today with verve in my loins.
My question is, can I make it to the end of the day feeling the same way? Your grooming trial, miss Yes, John? .
.
turned into a conspiracy.
Just like that? Well, no-one could get hold of you.
And the CPS have just delivered a batch of phone logs.
A batch? A bit more than that.
Right.
And your judge is Alan Cowdrey.
The words I'm waiting to hear are, "But don't worry, "I've got you a junior and they're already on it.
" Sorry, miss.
Get Jake to shift that lot.
Jake left.
Remember? Worth remembering, Harriet, I'm the talent, darling.
You're backstage.
Miss, this is Dani Kakwani.
Martha Costello.
The, er Arizona bombing.
What about it? Hassan Makhdoom was blown up in the attack.
His brother Sajit survived and is about to stand trial.
So The US want to extradite someone else from Wolverhampton Tech.
My nephew Rashid, they're saying he was involved, that he did some sort of hacking to plan for their attack.
Some sort of hacking? This is the US Government.
They're not big on sharing their thoughts with a solicitor whose dad was born in Lahore.
I'm not an extradition lawyer.
Nor am I, but Rashid's running out of options and the judge doesn't want the case reopened.
I need someone who's going to fight for him.
Even if I wanted to help, you need someone who understands the arguments.
Clive, you've done extradition.
Once.
Never again.
Why? Because you lose.
Can I see? You could argue improper purpose.
Looks like the US have drawn up charges without knowing if he's involved, to get him into the interrogation programme, to find out if he is.
It's what they do.
Lying so they can torture people.
I didn't say that.
Yes, you did.
Oh, good.
You two have found each other.
His parents are good people.
He plays cricket in the street, for goodness' sake.
There's no way he's mixed up in this.
I never even knew the brothers.
They were at my college, that's all.
And I'm a follower of the Prophet.
Violence is haram.
I could have never done what they're saying.
Rashid, if the US is trying to get you there to interrogate, we can still argue improper purpose.
That's what they do in Guantanamo, isn't it? They don't tell you why you're there.
They They don't show you anything.
But this is England.
My father came here when he was 18 because he wanted to live in the home of democracy.
And now he has to hear his son called a terrorist.
And his son can't even tell him what the evidence is.
Why? That sounds like a good place to start.
Asking why and not taking no for an answer.
If they decide to make me their scapegoat, I will not get on that plane.
I don't care what I have to do to myself.
I'll do it.
Prosecution as the promised land? You have to give the people hope.
Yeah, but some of the people here have never done prosecution.
CW is moving in on the junior end and the squeezed middle cos she sees how unhappy they are.
She thinks a bit of agitprop will get their votes.
Her message is one of despair.
What? And I'm hope? Well, if CW is despair and I'm hope, what's Martha? I don't think she knows.
Hello, Billy.
In with the new.
Out with the old.
- What hearing? - We sent a pupil.
Amy Lang.
It was a five-minute application to move the trial date forward.
To Monday.
Did Ms Lang fight it? She had your dates.
And there's no clash in my diary, so in your clerking brain the fact that I've got about 100 hours of preparation to do Miss, I'll understand if you don't want to carry on with the campaign.
I want you to get everyone in chambers who is as fed up as I am with this nightmare of a life and send them to see me.
I am their candidate.
I am sick and tired of being exhausted because there's no legal aid for juniors, which means I stay up all night every night working on complex trials only to be told I'm a fat cat by a government full of the fattest cats in the history of fatness! And get me Amy.
Since she's happy for this trial to start so soon, she can bloody well help.
Hello, miss.
I need you to call Damian Garner at the Maudsley.
I want a full psychiatric assessment on Rashid Hirani.
Done.
How was your con, by the way? Forget abuse of process.
I'm going to fight and win on mental-health grounds.
What mental-health grounds? He wants to kill himself.
Martha Shoe Lane.
I'm sorry, but it's the right argument.
He's a vulnerable child and what they're doing to him is abusive.
He's being destroyed by an unjust process.
If they get him to the States, they'll get him to say whatever they want him to.
Hold the line, would you, please? Miss, I've got an Elizabeth Forester from the US Embassy.
Says she'd like to speak to you and that she could save you a lot of effort.
Martha.
Er Amy, sorry, just got to take this call.
Thank you.
Hello, Martha Costello.
Amy? What is it? Amy, can you come with me, please? It's nothing.
We don't need regulating.
If we're not good enough, we don't get the work.
Miss? Amy, you're not busy, are you? Good.
The grooming trial you so kindly agreed to bring forward for me.
The evidence the police just sent me is in there.
Read it, schedule the hell out of it, and tell me everything I need to know.
We have three days.
So, can I count on your vote, David? I understand that you saw Rashid today.
Who told you that? I thought you should know that the US takes its duty of care to prisoners, especially vulnerable prisoners, very seriously Who told you that I saw Rashid today? .
.
which is why I'd like you to consider these assurances.
First of all, we can now guarantee that Rashid will not go to Guantanamo Bay.
There was never any mention of Guantanamo.
We can also guarantee, if you co-operate, that as a UK citizen, he will not face the death penalty.
But if he goes into your prison system he will be living under 23-hour lockdown, he won't see his family, he won't have proper access to legal advice, and, as present history suggests, you'll be employing interrogation techniques, which, to be frank, are a little bit bloody medieval.
Martha, due to the importance of this case, we will make more compromises.
Why are you sounding like a press officer? We can just speak English.
Rashid will be housed under regular US prison conditions.
He will have 24-hour access to medical supervision.
We'll provide him with his own psychologist and he will be free to choose his own attorney in accordance with Arizona law.
He's not well enough, even with your assurances.
Hm.
Isn't it odd how suicide is a terrible sin for Muslims, except when they're blowing themselves up or about to face extradition? So, are are you leaving? Excuse me? Because I haven't finished yet.
If we don't win on the mental-health argument, we will go back to improper purpose.
There's not enough detail on the charges to prove that you're not just getting Rashid over for interrogation.
OK, if that's the case, then the US Government is happy to add a little flesh to the indictment.
We know where the hacking happened, Martha, we know when it was done, and the minute Rashid hits US soil, he will go on trial for conspiracy to murder innocent Americans.
Good day.
Sami Allahu liman Hamidah.
Allahu Akbar.
Allahu Akbar.
Allahu Akbar.
Allahu Akbar.
Rashid, I know you've lost faith in this process, but we have an opportunity now, a small one.
The US has added information to your charges because they want us to give up.
Our one hope is that somewhere in what they've added there's a mistake or a lie.
I need you to answer some questions for me truthfully.
Were you at the college at the time the attack was planned, the two-day window they've got down here? Yeah.
Were you in the hall of residence they say, with the brothers, when the attack was planned, at the time? Rashid, answer.
Yeah, I was.
And what about the room? See, now, they say they can pinpoint that hacking to a specific computer in a specific room.
What is it? No.
No, I was never in that room.
And you're certain of that? Yeah.
The room they say I did that hacking in, II never stepped foot in it during the time they say.
Abuse of process.
What? When you wake up in the morning, the first three seconds of consciousness, do you think about the case you're doing? Yes.
Is it abuse of process, if I can prove the US got details wrong on their charge summary? Depends what and where.
Well, the US had put Rashid in a specific room at a specific time doing this research.
Now, he says he wasn't there.
Martha, if they're being that specific, then they must have proof.
I bet you dream about them too.
All right, Mar? You probably don't share cigarettes any more, do you? I don't smoke roll-ups any more.
No, not here, not with this crowd.
It's amazing in here, but it makes you feel like you're not allowed in.
that was anti-democratic.
Why are you here, Sean? I was passing.
Oh, right, you were passing? I was passing, and I thought, "What happened to the girl that broke my teenage heart?" Um listen, I'll, er I'll see you in chambers.
Yeah.
Not your husband, is he? And what would you say if he was? I'd ask you why you married a big dolphin.
I hope he's not the jealous type cos I would love to go for a coffee with you, Martha Costello.
First you tell me why you're here and then I'll think about coffee.
Maybe another time, then.
Who was that? Mr Mysterious.
Sean McBride.
Right.
Thanks.
Who's Sean McBride? He's He's what I used to be.
Well, anyway, um if you want to argue abuse of process, it's not enough to say that the information was false.
You have to prove that the US knew it was false.
And how the hell are you going to do that Mar? Ah! Put extradition on the chambers website, would you, Harriet? Another string to the Shoe Lane bow.
Well done.
Whoa! Was that a compliment? I always give credit where it's due.
Maybe it's the female mind - open, capable of thinking beyond dull prejudice.
What, and Clive Reader's a better candidate than Martha Costello for head of chambers? I think so.
Do you fancy him, Harriet? What's that got to do with anything? I'm just asking.
Just sexist.
Imagine if I asked you the same question.
What? Do I fancy Clive Reader? Do you fancy Martha Costello? How I feel about Miss Costello surpasseth all understanding.
Talking of medieval, you know what amazes me? How much energy you're expending on someone who would ban you from working and getting an education, and who would expect you to walk behind him all the way back to the 13th century.
Have you been practising that speech? Are women even allowed to drive in Saudi Arabia? You see, there's a disconnect.
Rashid is 19 years old.
He's an individual.
He feels like a victim.
But the real victims? Frances Brady, Adam Gilmartin, Joey Maldini, Angel Valera.
Four University of West Arizona students, enjoying their graduation day, with the whole of their lives ahead of them, when they were blown to pieces.
Brady was pregnant.
That's not the point.
If that's not, what is? Oh, didn't you know? I've got dual qualification.
With this much lazy anti-American feeling around, we think it's better that an American stands up for America.
That's the point.
Sorry? There's a principle that transcends national interest and religion and well, everything else.
Habeas corpus, Elizabeth, the right to be tried, the right to know what you're accused of so that you can defend yourself.
All rise.
Miss Costello .
.
from what I can see from your skeleton argument, you want to reopen this appeal by arguing that there's been an abuse of process and forcing the United States to show you all the evidence they have against Rashid Hirani? Your Lordship will have seen I'm a direct man, Miss Costello, and I've been told you're the same.
I do not want this appeal reopened without good reason.
Now, what is the answer to my question? My client has always maintained he was set up and now there's a discrepancy that confirms that.
Why has it taken six months for him to remember this? The United States have only just added the specific location.
The, er room in the hall of residence.
This is our first chance to respond to it.
This detail is crucial because it's the only thing that links him to the conspiracy.
Ms Forester? My lord, whatever Mr Hirani claims, we are confident that he was in that room at the time the hacking was activated.
We can put him there.
We're happy to let the court see further evidence, if it can help bring this process to an end.
You have two days.
All rise.
What's our listing? Er court nine, first on at ten.
Time now? Ten to.
So, fill me in.
The phone logs? Er there's lots.
Yes, Amy.
Bottom line, is it for us or against us? From what I've seen, um the stuff I've been able to examine has been mainly from the men to the girl.
OK.
Er I've asked you to prepare a schedule.
I'm guessing you haven't done that, so all I want is a simple, clear answer instead.
Does this work for us or not? The material mainly consists of calls and texts that suggest bullying and coercion.
So, yeah.
Yes, I I'd say it definitely helps us in trying to prove that there was a conspiracy.
There.
Wasn't so hard.
Hello, Caroline.
So exciting to be against you.
One just doesn't know what's coming.
Which Albanian paedophile are you representing? Touch of racism there.
Under pressure, are we? I don't need to remind you that this is the property of the US Government, so if you leak it or share it with any party not involved in this case, you're in violation of US law and at risk of prosecution.
I don't know.
Maybe a drink would do it.
What? Stop you making speeches and get you talking instead.
I know it's hard for you to accept what Rashid was part of, but our investigators were pushed to the limit finding this material.
It was hidden deep on his hard drive.
Once you've had a chance to look at that, I hope you can accept it, however painful that may be.
Oh, hello.
Clive Reader.
I know.
Thank you, Elizabeth.
I think we've got everything.
Jesus, that woman! What's this? Evidence, apparently, that Rashid Hirani is linked to the bombing.
I mean, half of it's redacted.
That's to protect the security services who gathered it.
Look.
The MI5 seal, telling you that the bulk of the evidence that the US is relying on has actually been gathered by British intelligence.
That's why they're so confident.
So, none of this links to the bombing.
What are you talking about? Jihadi websites.
Searches on Yemeni training camps.
This does not put him in room 132, hacking into security details.
Martha, if they've got this, imagine what else they've got.
Well, maybe this is everything.
Rashid is radicalised.
Why can't you see that? I am only interested in whether he's linked directly to doing that research.
Well, is this clear enough for you? You said you didn't even know the Makhdoom brothers.
I mean, what did you think? They wouldn't find these? Answer her, Rashid! These photos aren't right.
This is a picture of you in a corridor with the two people who set off the bomb in Arizona, and that's not all.
They've got you outside the room where they say the university's security details were hacked, and, this is the killer blow, they've got a witness who says they can place you in the room where the hacking was done.
Rashid.
We believed you.
I promise.
I was never in that room.
Is that you or isn't it? I only met them briefly.
I didn't admit it, because I know how it would look, but I I only met them once, on that day.
And what happened? Sorry, but if if you've lied about this, how am I supposed to believe you're still innocent? Because there was someone else there as well.
He was the one who said that we should meet the brothers.
He was the one that pushed me into it .
.
who said if we were true Muslims, we'd listen to what they had to say.
Rashid, who are you talking about? I'm talking about someone who was there.
I'm talking about a friend.
He should have been in that photo.
He was at that meeting, and and whoever gave this to you has taken him out.
What was his name, Rashid? I promised.
This is how you open, Amy.
Get it right and, by the time you sit down, the trial can be effectively over.
Yes, Ms Warwick? Ladies and gentlemen of the jury, this was a case of systematic and brutal exploitation.
Three men identified, isolated, groomed and terrorised a vulnerable teenager.
They separated her from her family and used her for their own revolting sexual purposes.
She is 17.
They are all over 40.
The defence will seek to portray her actions as consenting, but all you need to know is that in one three-week period this victim was bombarded by over 2,000 texts, e-mails and calls from these men, a relentless barrage of disgusting demands that this young victim was hopelessly ill-equipped to resist.
These alone demonstrate the defendants conspired to This is the first time that I've ever had to do this, my lord, and it gives me no pleasure, but I feel compelled to interrupt my learned friend and ask that the jury leave the court.
Jury, five minutes, please.
Never in my whole career have I had an opening interrupted.
You are blatantly misleading the jury.
In at least 40% of the material that my learned friend is talking about .
.
it was from the complainant to the men, not the other way round.
I'm so sorry.
I was sure I'd gone through this box.
These texts are from the girl.
I thought I'd said I wasn't sure.
Look, I'm sorry, I'm just a bit stressed.
We're all stressed, ducky.
It's the Criminal Bar.
I'm sorry.
And don't worry.
It's not fatal.
It's for Martha.
It's from the Maudsley.
Thanks.
There's a message from the doctor.
Sure.
So, what's happened? He didn't deny he met the brothers.
But he says there was someone else there, somebody he doesn't want to get into trouble, who knew them better, and someone who was in this image before it was altered.
Did you believe him? I don't know.
Ooh! Whose are these? They came for you, miss.
Actually, they were hand-delivered.
Grateful client, maybe? Possibly.
Amy? Can I have a word? What's he look like, then, flower man? Tall, dark, handsome.
Northern.
How's the trial? Erm not great.
Why? This isn't about the trial.
I've been trying to talk to you about this, but I didn't know how.
What is it? Billy.
What about him? He took me to the pub and when we were there he promised that he'd get me tenancy.
Well And he said it while his hand was on my knee, and the same thing happened a second time.
When? At Alan Cowdrey's party.
Are you sure? Yeah, and I swear I didn't do anything to encourage him.
I didn't do anything to lead him on.
The reason I didn't tell you was because I came here to learn from you, not to be a part of some scandal, and because if I don't get tenancy here, I don't know how I'm going to survive.
Right.
I want you to go home, get a good night's sleep and let me take care of it.
OK? Martha.
What did you get? I went to the college to find out who was resident in room 132 and that's what I got.
Redacted.
Did you try and They're not at liberty to share that information.
They said a man from the MOD had been in to see them.
MOD is what MI5 are when they're pretending to be normal.
So Rashid is protecting someone.
Yeah, but so are MI5 and, from what I can see, they're the same person.
Miss Costello, this is not a trial.
The evidence is not at issue.
My lord, but the process by which the evidence was acquired is.
It appears to us that there is another individual involved, someone who is right at the heart of this case and whose whose role and motive, as of yet, we don't understand.
My lord, this is all speculation and it's making the UK extradition process look ridiculous.
The presence of this individual and his relationship to the security services opens up questions that this court has to address.
My client says he's innocent, so why did the United States pass us MI5 material that had been falsified? What do you mean, falsified? We believe there was a fourth person at this meeting, my lord, and his presence has been obscured.
And you say that fourth person has been airbrushed out? My lord Miss Costello, whatever the role of this individual, if he or she exists, the court cannot grant you permission to see everything you want to see.
But, my lord A great deal of the material you've requested is classified intelligence material.
Well, until this court examines that material, then none of can say whether my client deserves to stand trial or not.
You asked to see me? She's very tenacious, Martha Costello.
She's, er committed.
Well, as a result of her efforts, the Rashid Hirani extradition is now spiralling out of control.
She wants to see all classified evidence against her client.
The Americans are going berserk.
They thought they had their man on the plane.
There is clearly an issue.
The exact role of an informant, on which far too much seems to rest.
You know the usual solution in situations that involve this much sensitive material? You appoint someone to look at it, who then makes sure that everyone's being fair to the defendant without actually telling him what any of it says.
I need someone independent, Clive, but also someone who understands the true complexity of the, er situation.
We have a treaty with the US, a treaty we we can't afford to damage.
Our security services are in a delicate situation.
You know I'm in chambers with Martha Costello? Tiny world, the Criminal Bar.
We'd never get anything done if you couldn't do cases with people you know.
And I'm sure you're entirely independent-minded.
Well done.
We've just heard.
Er yeah, just between you and me, I'd love to know how it happened.
She knew who I was.
Who? Elizabeth Forester.
She must have seen your name on chambers' website.
The whole thing about special counsel is it's meant to be independent, Harriet.
Couldn't agree more.
Ah, special counsel, sir.
Great honour.
Who gave you the news? Lord Justice Reynolds.
Just you and him, was it? Cosy little chat? Stood the Church clock at ten to three? And was there honey still for tea? I'm my own man, Billy.
Course you are, sir.
Of course he is.
They came to me.
I didn't approach them, if that's what you're thinking.
Yeah, well, you could have said no.
How often does something like this come along? Oh, come on, Clive.
You're being incredibly naive.
You don't think they picked you because you're the right man for the job? They picked you because they want to wind me up.
They? Who are they? You're being delusional.
I saw how you reacted to the material the US served.
And what? All of a sudden, you're the only person who can look at secret material and tell me whether someone else has unfairly incriminated my client? Yes.
How does Elizabeth know you? She doesn't.
And don't you think she might be a bit more concerned about how well you know me? I knew I had to reply immediately.
Why? Because of what they would do if I didn't.
What was that, Ashley? They would threaten me, and when they saw me again they would make me do things.
What sort of things? They would force me to have sex.
So, these texts and e-mails from you to the defendants I sent them because I had to.
Are you saying that you feel you had no choice other than to send them? No.
None.
I had no choice.
I had to do whatever they wanted.
Thank you, Ashley.
"I sucked your cock, you fat bastard.
"You owe me the drugs.
" Did you write that, Ashley? I don't remember.
It's here in black and white, one of 25 texts you sent over a two-hour period on June 29th.
"Give me the drugs.
" "Where are the drugs?" "You owe me those drugs.
" They used the drugs to control me! The truth is, Ashley, that you were a prostitute.
Isn't that right? No.
You were a prostitute and you willingly gave those men sex for drugs.
No! And if the frequency of these calls proves anything, it proves that you were determined to extract whatever payment you could from them.
That's not true! Shall I read the last text that you sent that day? "Give me the drugs, you bastards, "or I'll call the cops and tell them what a bunch of paedos you are.
" That's why we're here, isn't it? Because these men didn't pay their prostitute on time.
Lunch? The court has appointed someone called special counsel.
That means all the material that's been used to establish a case against you is going to be examined so there's no point in protecting anyone any more.
Do you understand? Now, whoever it is that you don't want to get into trouble, whoever it is you thought you were being loyal to, well, odds are that's who's betrayed you and that's who MI5 are working with.
So you need to tell me everything.
Rashid? It was after a big drone attack on the Pakistani border.
The deaths used to get reported in the mosque .
.
and this time a whole family died.
Four kids under ten.
There was a lot of anger, people saying someone had to do something.
Even the imam was furious.
Finally, as we were leaving, Salim said he knew some people we could talk to.
What did he say? He said he knew these two brothers in our hall .
.
and they were planning something.
The Makhdoom brothers? Salim had met them before.
We talked, we prayed.
They told us they had a plan.
They didn't say what.
They said they knew I was good with computers and could use the help getting security details of the University of West Arizona.
I agreed.
But, straight after, I got scared.
I didn't want to be part of it.
I told Salim I didn't want to do it.
I I didn't want to be involved.
So you were never in his room doing that research? No.
But Salim went back in.
He must have done it, not me.
Then what happened? I don't know.
After I told him I didn't want to do it, I I saw him with them one more time And then he told me he'd pulled out too.
Did he say why? A few months later, the attacks happened.
I mean, we couldn't believe it.
We were terrified.
But we promised we'd never say anything to incriminate the other.
And you thought he'd stuck to that? I thought our friendship was part of my faith.
You know what we used to think in my family? We used to think our problem with the next generation would be that they'd be too westernised, that we'd struggle to get them interested in our traditions.
Dani, you've got contacts in the police.
How about we go and have our own little conversation with Salim? Thank you for seeing us.
What can I do for you? I'm professionally embarrassed.
What do you mean? How? In the short adjournment, I went to the robing room.
On the desk next to my bag, there was a sheet of paper.
I wasn't thinking, and I started to read it.
Well, what was it? The first defendant's proof of evidence.
I'm afraid I have completely inadvertently given myself a huge advantage, essentially meaning that these defendants wouldn't get a fair trial, were I to continue prosecuting.
It is with great reluctance, I am obliged to withdraw, as the bishop said to the actress.
Mr Lever? I'm not sure my learned friend is so embarrassed she can't continue.
What you mean is that it's going really well for you right now and the last thing you want to do is stop.
She's got a junior.
Did she read the defendant's proof? The whole point of having a junior is that they can take over in a situation like this.
No, she didn't read it.
But .
.
I did tell her what I'd read.
Then I have no choice but to discharge the jury and order a new trial as soon as possible.
It is with huge regret that I'm afraid I just don't see any other way out.
Salim.
What are you reading? Politics? After the attack, I didn't sleep for days.
Rashid had gone home, but I was still at college.
It only took 'em 48 hours to pick me up and then it was straight to Paddington Green, and every day being told they've got evidence that could have me facing I know what I'd do.
I'd say anything to get out of there.
- I didn't say anything.
- But you did.
You told them that Rashid had hacked into the university security plans for the brothers.
How could I have done it? He was the one who knew how to do that, not me.
Did you see him? I mean, did you actually see him, in your room, at your machine, doing that research? You think Rashid is innocent, because he's awkward and shy, but you don't know him.
You didn't hear him talk every night when we read the Koran.
He was the one who said infidels would get what they deserved.
Did you see him or not, Salim? I pulled out, OK? Once I heard the details, I didn't want anything to do with what the brothers were planning.
Neither did Rashid, so why incriminate him? Why do a deal with MI5? You don't understand.
I I don't like what I've done to him, but but I had no choice.
No, you did, and you still have.
You can come to court.
Come to court and admit that you never saw him do that hacking.
It's too late for that.
I went to see Salim Dasti.
What? This whole case rests on the word of one terrified boy against another, and no proof of which is telling the truth.
Martha, enough.
Look, come on, Clive.
Nobody's listening.
Why don't you talk to me properly? What have you seen? All I'll say is, is that somebody helped the brothers.
They didn't plan the attack alone.
Salim was at the same meeting as Rashid, so why not charge both boys? Why work with one and punish the other? What if I told you that there was something in the files that has convinced me that Rashid was involved? I wouldn't believe you.
You don't think I'd be honest with you? I'm going to call Salim to give evidence, make him tell the truth.
Want a drink, miss? Excuse me.
Billy, Amy came to see me.
About what? You promising her tenancy.
So? With your hand on her knee.
Hang on! She's very upset, Billy.
Well, she's got it wrong.
How? It's not what it looks like.
Then what the hell is it? I couldn't have done anything like that.
I Miss, since I've had the implants, I can't even This is how it is for me now.
Oh, Billy.
No, I don't want your pity, miss, but I want you to know that I didn't do anything ugly or untoward with Miss Lang.
That is a misunderstanding.
Well, you need to apologise and tell her what's going on.
Miss? You promised me that if this was affecting Shoe Lane, you would tell me.
If Amy makes an official complaint It's the only way, Billy.
Miss.
Miss.
I've told Amy you've got something to say.
Something you want to explain.
I can't.
Just Just give him till the end of the day, please.
Salim? He hasn't shown.
My client now admits he was at a meeting with the Makhdoom brothers.
However, it was at someone else's behest and that was the full limit of his involvement.
My lord, I'm afraid that is not a position which is supported by the redacted material.
My lord, sorry, is there any chance of the court actually seeing this evidence? If you don't have proof that your client has been implicated through an abuse of process, then I'm afraid this application is at an end.
We're going to adjourn for ten minutes, during which I want you to consider your position.
All rise.
You're doing their job for them, and I don't understand why.
I'm telling the court what I've seen.
That's all.
Well, let's find out the truth.
My name is Salim Dasti.
I was at college with Rashid and I was his friend.
Have you ever been at a meeting with the Makhdoom brothers? Yes.
Who else was there? Rashid.
And can you tell the court what happened at that meeting? Rashid and I talked with the brothers, and, um they explained that they were serious about using their student exchange to do something .
.
something that would show the Americans how we felt about the way innocent Muslims were being killed.
And then what happened? They said that, if we were serious, we had to prove it.
Rashid and I had to help them get security details for their attack.
But Rashid didn't go through with it, did he? You went ahead, but Rashid backed out.
No.
It was the other way around.
I backed out.
I told him I didn't want to go through with it, and then I went back into my room.
Then why did you tell this court that Rashid did the research from the same room? Because he did.
The evidence they showed me proved he did.
Your claim doesn't make any sense.
You've said that you went back to your room alone, and then you insisted that this is where Rashid did his research.
I mean, how can you expect us to believe you? Because when I told him I wanted to back out, he told me he wouldn't.
He said he didn't care if I didn't have the guts.
He would show the brothers he wasn't scared.
He's lying! You know what you said.
Calm down.
I'm warning both of you.
You're lying, Salim, and MI5 know that, and that's why they've done everything they can to hide your involvement.
No, that's that's not true.
I don't know how he did that hacking from my computer, but he did it, and the reason MI5 protected me is nothing to do with that.
Then what is it? I mean, why cover up your presence? Why remove you from the photographs? Salim, you are obliged to give this court an answer.
Because I didn't just back out.
I called them.
After that meeting with the brothers, I panicked.
I found a number and I I called a helpline .
.
and I told the person I spoke to that something might happen.
And what did they do? Nothing.
They took my details and they said they'd call back, but they never called me.
That's why we're all here, because our intelligence services were too busy to make a call, and then, because they knew how it looked, they offered me a deal.
They hauled me in after the bomb went off, and they told me that they had enough to send me to prison.
They said that if I could give them enough about Rashid's role, then then I could avoid it, because .
.
because then, at least, the US would have a proper conspirator to put on trial.
Can I point out that this admission doesn't change the fact that Rashid Hirani was at that meeting? He agreed to do research on the proposed attack and there is no other person who could have done it.
We will retire to consider our decision.
Mr Reader, we may call on you for assistance.
All rise.
So that's what this has been about? Sending my nephew to America so no-one would know MI5 screwed up? I can't comment, except to say that from what I've seen Rashid deserves to stand trial.
If we lose this, I'll make sure journalists on both sides of the Atlantic know about Salim's call, and then we'll know what the public cares about, a kid who made the mistake of going to one meeting or MI5 letting a bomb go off.
I hope you're not going to let him do that.
What else can he do? Martha, it's human error.
Trust me.
How many calls do MI5 get right? How many great decisions have they made that we've never even heard about? Rashid Hirani is my client and Rashid's been made to suffer to cover MI5's cock-up.
Billy, did we ever get that psych report for Rashid? Miss! Billy.
It was in your in-tray.
Thank you.
Uh.
Oh Clive.
Clive.
This is your solution? It's a solution.
And it's better than MI5 looking stupid over an innocent kid.
I just came to see how you were.
Why? Well, it's unusual for prosecuting counsel to be embarrassed.
Well, I was.
Right.
So, how's chambers? Dysfunctional, riven with political internal infighting.
Nothing changes, then.
Maybe what you need is a break.
I've never felt less like taking a break.
I'm going to stand in this election to replace you, and I intend to win it, and when I do, things are going to change.
Matt Busby made it hard for everyone who followed him.
What? We probably don't need an elder statesman coming back, giving sage-like advice, Alan.
Well, then, all I can do is wish you luck.
We have arrived at our decision.
Our judgment has been strongly affected by the report into the psychiatric condition of the applicant, Rashid Hirani.
We are particularly influenced by the fact that, although it was commissioned by Mr Hirani's legal team, it is also endorsed by the security services.
We rule that Rashid Hirani is not fit to endure conditions he would find in US custody and must remain here.
Since there are no charges against you here, Mr Hirani, it is my duty to inform you that you are now a free man.
All rise.
Martha, well done.
Thank you.
Thank you.
This would be the heart, wouldn't it, if you had to say? Hm? This place would be the heart of our legal system, and there's nobody here, just you and me and the truth.
There was no evidence to link him to that hacking.
The evidence was still being uncovered.
That's not the same thing.
Clive, they couldn't put him in that room where the research was done.
It is as simple as that.
Is it? What's this? It's a string of code from a Trojan virus, found by forensic officers examining Salim's hard drive.
His computer was infected with software, which allowed somebody to control it remotely and then destroy all traces of their work.
Now, there's nothing to link it to Rashid, yet, which is why I couldn't use it.
But I can't think of anyone else who could have put it there, can you? There's more than one way for him to have been in that room, Martha.
Yeah, it's a great talent, the ability to convince people that you're a helpless victim, when you're pulling the strings all the way.
I'd like to make an official complaint against Billy.
I won't blame you, miss .
.
if you feel you can't stand by me on this one.
I'll understand.
Help me, please, miss.