"50 'Has the jury reached a verdict upon 50 which you all of you are agreed?" "' 55 'Yes.' 50 On count one of the indictment, 50 do you find the defendant 50 guilty or not guilty of murder?" "5Not guilty." "55 He's part-heard." "55 Brian, what can I do?" "55 What?" "Hang on, Brian." "55 Of course I've got somebody else 55 for you." "Hang on for a second, 55 will you, Brian?" "55 PHONE RINGS" "5Guess what, Jake?" "50 Hello, Miss.5 My murder?" "5PHONE RINGS 50 I better... 50 Sorry." "Hello?" "55 Jake, Jake, has she finished yet?" "50 Has your trial finished, Miss?" "5 Yes." "50 'Yes.'5 Good." "Brian?" "50 Thanks, Miss." "Cheers." "Sorry, Miss." "55 Well, you know what they say, Brian." "55 First rule of clerking." "Always put 55 the girls in with the psychopaths." "55 All right, I'll call you back." "55 Harry, how are you?" "Yeah, listen, 55 I need a ginormous favour." "5PHONE RINGS 50 Chambers, good afternoon." "55 What do you mean it's my turn 55 to do you a favour?" "50 So, I'm 35 years old, 50 I'm a date rapist." "Hello, Martha." "50 Spike drinks, back to my hotel room, 50 she's comatosed, in I pop." "50 I've lost my marriage, I lose my job 50 because not only am I a rapist, 50 but I'm also a police officer." "50 So, what do you think?" "50 What do I get?" "0 Eight?" "50 On a fight.0 Ten?" "50 Four.5 ALL:0 Four?" "50 Brilliant.5 Brilliant." "50 In court today, Marth?" "5Yes.0 Trial?" "5 Mm-hm." "50 Anything interesting?" "5Hi, Mum." "It's me." "5Um, did I tell you about 5the murder trial I was doing?" "5Anyway, doesn't matter." "Bye, Mum." "55 Tomorrow.5 What?" "55 Aggravated burglary." "5What's the aggravated bit?" "5 Torture." "55 Of an old-age pensioner." "55 Tied him up and nearly punched his 55 head off.5 Oh, and don't tell me." "5You think a woman would 5go down better with a jury." "55 Got nothing to do with me." "55 Solicitor's asked for you." "5And what's he like?" "55 The solicitor or the client?" "5The client.5 He's, um... 55 You'd be fine." "5A backsheet and a DVD?" "55 I'll bike the rest over." "55 You'll be fine." "55 Trust me." "Fine." "5Where's the brief, Billy?" "55 Where's this cab?" "Where's this cab?" "55 The drugs, it's going to plead." "50 You sure?" "55 And you're in front of Judge Ladd." "50 Excellent." "55 So, reference for your silk 55 application, I was thinking, sir." "50 I love it when you think, Billy." "50 Do you reckon he'll get Silk?" "55 There's a problem." "55 More than one application 55 from a young set of Chambers 55 like us is not a good idea." "50 We've got two applications." "55 His and hers." "50 Not much we can do about that, 50 is there?" "50 Is there?" "5KNOCK AT DOOR" "55 Hiya.5 Why are you here?" "55 They were too big for a bike." "5They?" "5 Yeah." "5Come in.5 Top two and a half feet 55 is aggravated burglary, 55 and the bottom six inches 55 is a drugs mule." "5Two briefs?" "5 Don't worry about the 55 drugs, it's a five-minute mention 55 and nothing's going to happen." "55 I need the judge to see your face 55 because he could be a reference 55 for your Silk application." "55 Saw that in your pigeon hole." "5And they're both listed 5in the same court, right?" "55 Court nine is first up 55 at 10 for the drugs, 55 and then court one for the burglary 55 trial at 10.30 behind a bail app." "5I don't want my defendant 5in the burglary short-changed, Billy." "55 15 years you've been doing this, 55 and you still believe, don't you?" "55 Innocent until proven guilty." "55 I've been watching you all that time 55 and you never waver, do you?" "5If you don't have that, 5then you're dead." "5Cheers." "5Night, Billy." "55 Mr Reader, sir?" "Forgot to mention... 55 The drugs, Martha Costello 55 will be co-defending with you." "5Damn." "Damn." "50 Do you want a hand?" "5 No." "55 Will all parties 55 please go to court one... 5Sorry, sir, have you got anything 5in your pockets?" "50 How do I find the barrister 50 who's looking after me?" "5Look on the court lists, 5see which court you're in 5and they'll come and find you there." "5Sorry, can you not talk to me?" "5I've got to complete focus." "Sorry." "50 The aggravated burglary?" "50 I'm prosecuting you.5 Oh." "50 Nice man, your client." "55 That's what you say about 5everyone you prosecute." "50 If he's here, if he's standing 50 trial, that means the CPS, the 50 police and me all think he did it." "50 What does that tell you?" "55 That he very badly needs me 5fighting his corner." "50 Up-to-date list of previous." "5Yeah, sorry, yes, could you 5get the solicitor in the case of... 5Mercedes Cordoba to come 5to reception right now, please?" "50 You up to speed on this, Marth?" "5 Yes." "5Are you co-defending?" "50 Yeah, big softy, this judge." "50 Let's go for it." "50 You and me together, eh, Marth?" "5Plead?" "0 You know you want to." "5I've got a big trial 5in court one in half an hour, so... 50 Yeah, well, I've got no mitigation 50 to speak of and you're poor, 50 vulnerable and pregnant." "50 How hard can it be?" "50 We'll be 20 minutes, tops." "5Stop saying "tops" 5like you're someone normal, Clive." "5You went to Harrow." "50 You're Martha Costello." "5I'm not representing you." "50 No, I'm your new pupil." "5Oh, God." "Sorry." "5Don't ever do this." "50 What's that?" "5 See a client 5without a solicitor's rep present." "50 Right." "Why not?" "5 Protection, 5in case a difficult client 5wants to say you've given bad advice." "5Barristers can be sued now." "5Even baby ones." "50 Is this client difficult?" "5Oh, yes.0 Right." "5So don't speak, don't say a word." "5Leave it all to me.5 'Cells.' 5Brief for Gary Rush." "50 Just wanted to say, 50 I haven't got a wig and gown yet." "50 Is that all right?" "5I'll let you into a secret." "5Putting one of these on, and one 5of these on your head, so helps." "5It's like Superman 5coming out of the phone box." "5OK, Gary Rush." "The victim 5is 85 years old, which makes this... 5well, a bad, bad thing, 5which is why it matters 5that the right man goes down for it." "5One big question - can a terrified 585-year-old be relied upon 5to identify his balaclaved 5attacker correctly?" "55 You here for Gary?" "5 Yes." "55 DS Scarrow." "50 There you go." "5Thank you.5 Word of advice." "55 Don't be alone with him." "5You don't intimidate me." "55 I'm concerned for your safety, 55 that's all." "5Right, we haven't got time to 5talk to him properly, 5so think like a waitress.0 What?" "5Get the bread on the table, 5the drinks out fast, then they're 5happy to wait for the food." "50 Are you for me?" "5 Yes." "50 Who's the boy?" "5This is...is my pupil." "50 Are you good?" "5Look, give me a few minutes 5and then we'll talk properly." "50 I'll be going to prison, huh, 50 for a very long time 50 if I'm convicted of this." "50 Now, I've never met you before, 50 but from where I'm standing you 50 look a bit lightweight, frankly." "50 So I think you should 50 answer my question." "Now." "5I'm good." "50 But you're not a QC.5 Not yet." "50 Are you not going to come in, 50 talk to me?" "5I'm short of time, Mr Rush." "50 Is this one difficult?" "5 No." "5Mercedes Cordoba?" "5I'm Martha Costello, your Brief." "5You swallowed 12 condoms 5filled with cocaine?" "5 Yes." "5When's the baby due?" "55 Eight weeks." "5Do you know what would have happened 5if the condoms had 5broken open inside of you?" "55 You die." "5And your baby.5 I know." "5You've got children already?" "55 Yes.5 How many?" "55 Five." "5How old are you?" "55 26." "5And how old were you when 5your first child was born?" "5 17." "5Is there anything you want to say 5about your co-defendant?" "5What about the people 5who asked you to carry the drugs?" "5 No." "5If you plead guilty now 5you'll get maximum credit, 5which means about a third 5or a quarter off your sentence." "5You know that whatever sentence 5you do get will be too long for 5the baby to stay with you in prison." "5You don't have to plead guilty now, 5but this judge is all right" "5and you might not get 5the same judge next time." "55 I understand." "5OK." "OK." "5I need you to sign 5the front of my brief." "5This just makes clear 5that I've not put any pressure 5on you." "Do you understand?" "5OK." "5Just there." "5DOOR SLAMS OPEN 55 You're on." "Let's go.5 OK." "50 How old are you?" "5 35." "50 How long have you been 35?" "5Couple of years." "50 Is it hard to get Silk?" "5Everything changes." "You get to 5choose your cases, take time off 5when you want to, ask leading 5questions and get away with it." "55 I'm from Cant Frogett for the Rush 55 trial.5 Where the hell have you been?" "55 I had a casting." "55 I'm an actor." "This is what I do 55 when I'm not working." "50 What was the casting for?" "55 Head and Shoulders." "55 The shampoo giant?" "50 Pleading?" "5Yes." "5Who's that?" "50 Two new pupils in Chambers." "Billy 50 gave me first choice, so I plumped 50 for the girl.5 Did you really?" "5On what basis?" "0 On the basis that 50 she's got a really useful brain." "50 Nick Slade." "5Oh, right, you're the other one." "50 The other one?" "5Sorry, that came out a bit wrong." "5I'm the other new pupil." "Niamh." "50 Shouldn't we...shake hands 50 or something?" "5Barristers don't shake hands." "5It's kind of a rule." "50 Right." "50 How do you know that?" "5My father's a judge." "50 Oh, right." "55 All rise." "5Billy said this judge might be a 5reference for my Silk application." "50 He said that to me too." "5We can't both ask him." "50 Let's see how we go, shall we?" "5Mercedes Cordoba is poor." "5She comes from the Ciudad Bolivar 5in Bogota which means 5her poverty is extreme." "5She was classically vulnerable to 5the approach from the drug cartel 5who exploited her with the offer of 5money for traveling on a hot flight 5to London with drugs in her belly." "5She has shown great courage 5in pleading guilty." "5She knows that she will 5lose her baby into care." "5We can only imagine how 5hopeless your situation must be 5to agree to swallowing condoms 5filled with cocaine" "5knowing the damage they could cause 5to you and your baby." "5Mercedes Cordoba is not heartless, 5not evil, 5she's just desperate." "5She will pay for what she's done, 5she knows that, 5but I ask your Honour 5to pass a sentence" "5which reflects her sad life 5and gives her hope for a better one." "55 Do you want to address me 55 on the relative status positions 55 of the two defendants?" "5I think it's already there in 5everything I've said, your Honour." "55 Mr Reader." "50 I'm surprised that my learned 50 friend has chosen not to talk about 50 where her client is in the hierarchy 50 compared with mine." "50 Your Honour has seen the Notices 50 of additional evidence?" "50 Mercedes Cordoba 50 is an experienced trafficker." "50 She uses her repeated pregnancies 50 to throw off customs." "50 What she didn't know was 50 that she was being watched 50 by Customs over a period of years." "50 She's pregnant every time 50 she travels." "50 It's her protection 50 against being stopped." "50 Nuns, girl guides and pregnant women 50 get waved through." "50 Angel Valera, my client, 50 is the driver." "50 He met her at the airport." "50 There is no evidence that he has 50 ever done anything like this before." "50 He is at the bottom of the ladder 50 in terms of his position 50 in the hierarchy." "50 A good many rungs below that of his 50 cunning, pregnant co-defendant." "55 No second bite at the cherry, 55 Miss Costello." "55 Stand up, both of you." "55 I have to establish in my own 55 mind where each of you stands 55 in the ranks 55 of this evil organisation 55 that brings misery into our country." "55 I have no doubt that you, 55 Mercedes Cordoba, are a good way 55 up it, whatever your Counsel says." "55 You will go to prison for 14 years." "55 Angel Valera, you have 55 the dubious good fortune 55 to be a long way down the pecking 55 order in this obscene organization" "55 and I have to reflect 55 that in your sentence." "55 You will go to prison 55 for eight years." "Take them down." "50 All rise." "5I'll be down at lunchtime to see you." "50 Thank you, thank you.5 Lunchtime." "5Oh!" "5You set me up, you bastard." "50 What was I supposed to do?" "50 Tell you in advance?" "5 You knew 5you were going to cut my throat." "50 Doing my job, representing 50 my client, reading the brief." "50 Don't take it personally." "50 Where would we all be if we 50 took things personally?" "55 Don't patronize me." "50 Why not?" "50 You're behaving like a child." "50 You clearly hadn't read the NAEs." "50 Let me guess, still at home, an 50 unopened file lying on the floor?" "50 You didn't do your job properly, you 50 know it, that's why you're cross." "5She just got 14 years, for God's 5sake.0 Whose fault is that?" "55 Where are you going?" "50 To ask the judge for a reference." "5Of course I don't 5take things personally." "5TANNOY:5 'Will Miss Costello of 55 Counsel please...'5 What?" "What?" "5RINGING TONE 55 'Hello?" "'0 Billy, the drugs mules, 50 'I got eight." "She got 14.' 55 Reference, sir?" "50 'Reference to die for I'd think.' 55 Very good, sir." "55 245 women Silks ever." "55 Ever." "Out of tens of thousands." "55 Now boys you've got to respect 55 a statistic like that." "55 And it's still 12 male QC's 55 to every Doris." "55 I mean, what are the odds, Jake?" "55 Hmm?" "50 Kind of you to grace us with 50 your presence, Miss Costello." "5I'm sorry, my Lord, 5I was detained in another court." "50 Nice little earner before the main 50 act?" "5 About £90 minus clerk's fees, 5chambers rent, travel, tax, VAT, 5so that leaves about £12.50." "5So not much of an earner really 5but entirely my fault I'm late." "50 Good result yesterday 50 against the odds." "5Well, the jury's always right." "50 Let's swear one in, shall we?" "5Actually, I haven't had a chance 5to speak to the defendant." "50 Five minutes.5 A little longer?" "50 Four and a half and counting." "5Just confirm for me 100%, you weren't 5there, you've never been there, 5it wasn't you?" "5Look...yes, or no?" "50 It wasn't me." "5You didn't do this?" "5So he was mistaken when he 5picked you out in a video ID?" "50 Look, I know what you're doing." "50 You're up against it, 50 you're out of your depth so you're 50 leaning on me to plead guilty." "5I don't do that." "5You tell me you didn't do this 5and I will fight for you." "50 What time did you get this brief?" "5Late last night." "50 We all perform 50 better under pressure." "50 Take as much time as you need, 50 Mr Dodds." "50 He hit me three times." "50 Every three minutes, he'd 50 just walk over to me, 50 tied up in my chair, 50 and punch me in the face." "50 Wasn't in any hurry." "5Have you been able to 5establish what was stolen?" "50 My late wife's jewellery, 50 my wedding ring." "50 I can't wear it any more 50 because of this arthritis." "50 £55 in a drawer, my watch." "50 My Distinguished Conduct Medal." "50 He stole my medal." "5How did you win the medal?" "0 Normandy." "50 Night of June 4th 1944." "50 We dropped into occupied France 50 ahead of the beach landings." "50 And I... 50 I, er... 50 brought a wounded comrade in." "5How much time did you get 5to look at the intruder?" "50 13 minutes." "5How are you able to be so precise?" "50 There's a clock on the wall." "50 The police 50 like to know about the time 50 of everything, don't they?" "So, 50 I thought I should keep 50 an eye on it." "5What was the intruder wearing?" "50 He had a motorcycle helmet on." "50 Then he took it off." "50 He had a sort of balaclava 50 on underneath, 50 like the ones Formula 1 drivers 50 wear under their helmets 50 and he kept that on." "50 Five minute break." "55 All rise." "50 Lots of form for burglary.5 Yes." "50 So?" "5 Yes, Nick?" "50 So... just because he's done 50 this kind of thing before, 50 doesn't make him guilty this time." "55 Innocent until proven guilty." "5Four words to live by." "50 But what do you think?" "55 It'll happen to you.0 What will?" "55 Well, all defence counsels know 55 when a defendant's guilty." "55 But by halfway through a trial, 55 they always forget." "5How good is your eyesight?" "0 It's fine." "5You attended an ID procedure 5at the police station 5and during that procedure you made a 5request to sit nearer to the screen." "50 I wanted to look at the eyes." "50 Their shape, their colour." "50 When he was in the flat, 50 I thought, "You're good, 50 "you're not giving me anything here, 50 but for one thing - your eyes." "50 "I'm going to get you on that."" "5You pride yourself on being 5sprightly for your age." "5You might not be very good at 5admitting that your faculties 5are working less well now 5than they were." "5You're raging against 5the dying of the light." "50 My light is not dying, 50 Miss Costello." "50 That was the man in my flat 50 and I'm not mistaken about it." "5How's your hearing, Mr Dodd?" "50 He didn't speak." "Not once." "5Will you look at your 5witness statement?" "5It's three lines from the 5bottom of the second page." "5What does it say?" "0 It says, 50 "The intruder had no 50 particular accent."" "5You've just told this jury 5that he didn't speak, Mr Dodd." "5So how do you know what accent 5the intruder actually had?" "50 He hummed." "50 The whole time he was in my flat." "50 He only stopped humming 50 when he was hitting me." "5Is that in your witness statement?" "50 No." "5The whole point of 5a witness statement 5is to tell the whole truth 5to the police, isn't it?" "5So why didn't you mention 5he was humming?" "50 I didn't want him to 50 seem like he was mad." "5I beg your pardon?" "50 I'd like him to go 50 to a proper prison." "5Oh, I see." "No soft option for 5the man you believe did this to you?" "50 I don't want him going into 50 a home for the mentally ill." "5The police have made an arrest 5and you've assumed 5they've got the right man 5and now you want to make sure he's 5convicted and above all, punished." "50 Is this a question or 50 a speech, Miss Costello?" "5This defendant wasn't there." "5You've got the wrong man, Mr Dodd." "50 My wife died in a home 50 for the mentally ill." "50 She had to wear nappies at the end." "50 When she died, her nappy hadn't 50 been changed for three days." "50 I wanted to do it for her 50 but she wouldn't let me." "50 "You're my husband," she said." "50 The last time I visited her, 50 there was a new sign up 50 in the room where they sat 50 to watch the television in." "50 It said, 50 "No dancing."" "50 I wouldn't wish that on anyone." "50 Not even my worst enemy." "50 Lunch?" "55 Is she coming?" "50 You OK?" "5 How do you mean?" "50 Um... 5Emotional detachment." "5Any barrister worth 5their salt has it.0 Like you?" "50 This afternoon..." "5I'm really busy, Nick." "55 Does sir know his head size?" "50 Hmm?" "5 Shall we find out?" "50 Yeah." "55 And shall we say two spare collars, 55 six bands and a dozen studs?" "50 Great." "How much?" "55 £1,759 plus VAT." "50 Do you do second hand?" "5 Yes, sir." "50 Wigs from dead barristers?" "55 Yes, sir." "50 Could I look at the second hand 50 then, please?" "50 Whoo hoo!" "50 Whoo!" "5A strange man in your flat in a 5balaclava in the middle of the night." "5You must have been terrified." "50 Well, I was scared but 50 I didn't want him to know that." "5And he hit you, didn't he?" "0 Yes." "5Three times." "50 I tried very hard to look at him." "50 Each time he hit me, 50 I tried to look at him." "50 Show him he wasn't winning." "5You've been incredibly precise 5about the actions of the intruder 5inside your flat." "5Three minutes between 5each time he hit you." "50 It's funny but 50 making myself focus exactly on what 50 he was doing, I think it helped." "50 I mean, it stopped me from 50 being quite so frightened." "50 You were in the parachute 50 regiment during the war?" "50 Yes." "50 Tell us about jumping out of 50 aeroplanes at night under fire." "50 You just do it." "Wait for the light." "50 One alligator, 50 two alligator, three alligator, go." "50 Some people do crocodiles, 50 I do alligators." "50 So you know about thinking 50 straight under pressure?" "50 Well, I suppose so." "5He was wearing gloves?" "0 Yes." "5Did he cough?" "0 No." "5Sneeze?" "0 No." "5Scratch his nose?" "0 No." "50 Relevance, Miss Costello?" "50 I'm struggling, 50 I'm sure the jury are." "50 He yawned." "50 Just as he was leaving." "50 He stood at the door, 50 looking at me, and he yawned." "50 And he put his hand up 50 to0 cover his mouth." "50 I thought, how strange, 50 a burglar with no emotion 50 but very good manners." "50 Then he put his hand 50 on the door handle, 50 looked at me," "50 opened the door and walked out." "5What do you think?" "That yawn put 5about another year on his sentence?" "50 How's it going?" "5 You should 5have got a second hand one." "5A virgin white wig makes 5you look like you don't 5know what you're doing." "50 Well, actually, I nicked it." "5Very funny." "50 Where the hell is my barrister?" "50 Where's my brief?" "50 I'm going to get sent down for this." "55 Who do you want first?" "5Can I do Gary Rush for two minutes 5and then Mercedes Cordoba?" "50 I don't think you know 50 what you're doing." "5I'm going to get you off." "5Mercedes Cordoba?" "55 Van's gone.5 What?" "5I told you I was 5going to be two minutes!" "55 There's no point shouting about it." "55 She's gone." "55 You've got 14 years to talk to her." "5Get the number for the prison 5and I'll call them." "5Touting party.0 Touting?" "5Billy invites lots of judges and all 5the solicitors we're supposed to suck 5up to and we do lots of sucking up." "50 Touting or tarting party?" "55 First impressions, Nick." "5Make them like you." "5Is there a VO for a legal visit?" "5Mercedes Cordoba." "5Why not?" "You should have 5received a request for one." "5She's pregnant, she's vulnerable 5and she's about to start 5a 14 year sentence tonight." "5I need to see her." "5Hello?" "5DIAL TONE 5Hello?" "50 Excuse me." "55 Ah, Brian Frogett, Senior Partner 55 from Cant Frogett rang to remind us 55 he's too important to come to 55 this kind of do" "55 but he says he's making an exception 55 because he heard about 55 your performance today 55 and he'd like to meet you." "50 What kind of question was that?" "5Sorry?" "0 Oh, what?" "50 You've forgotten?" "50 About the worst question asked 50 of anyone in the witness box ever?" "50 I know, let's see if 50 the burglar yawned, shall we?" "50 Tell me, did he yawn at all 50 after beating the crap out of you?" "5You don't understand.0 Aggravated 50 doesn't cover it, does it?" "50 We're going to have to 50 invent a new term for this." "50 How about psychopath burglary?" "50 Will that do it?" "5Who told you?" "50 Another stupid question." "50 Peter told me." "Or was he wrong?" "55 I told you, 5you don't understand." "5And I'm sorry, who's Peter?" "50 The outdoor clerk 50 who's been with you all day." "5Hardly." "5He spent most of his day at a 5casting or on the phone to his agent." "5Maybe if you had an outdoor clerk who 5knew how to read a trial properly." "50 Was it him asking 50 the suicidal questions 50 or was that the brainless woman in 50 the wig?" "5 I think you'd better leave." "50 What did you just say?" "55 No-one ever talks to her like that." "50 Excuse me." "50 Excuse me." "55 Clear this up, clear this up." "55 Get this cleared up, boys." "55 It's called unconditional love." "55 I'd do the same for any one of you." "5It can be a liability, love." "50 What are you saying?" "5 Brian Frogett 5is a big, big solicitor." "5He hates us, we lose work, we lose 5money." "Where does love get you?" "55 You all right, Miss?" "5 Yes." "55 Sorry about that." "5Thank you." "5Hello, Mum." "It's me." "5You're not there so I... 50 How is she?" "Your Mum?" "5How dare you?" "0 Martha.5 You hypocrite." "5It should be you that goes 5to prison for 14 years, not her." "50 Why don't you just get off your... 50 Jesus Christ, Martha." "5That's why people like Mercedes get 5screwed by everybody so you can 5stick coke up your nose 5after a hard day in court." "50 Was it the wrong result?" "5You make me sick." "50 Was it the wrong result?" "50 Maybe you get in too 50 close sometimes, Martha." "50 What are you doing?" "50 What the hell are you doing?" "5I'm calling the police." "50 Give me the phone." "50 Just give me the phone." "50 Give me the phone.0 What's going on?" "50 Who are you?" "Who the hell are you?" "50 Give her the phone back." "5CROWD GASPS" "5Jake, Jake, call an ambulance." "55 Ambulance, please." "55 Address is Shoe Lane Chambers, 55 Shoe5 Lane, Middle Temple." "5DOOR OPENS" "50 You OK?" "50 You do emotional detachment 50 incredibly well." "5How old are you?" "0 Nearly 23." "5When?" "0 In a couple of years time." "5He slipped, Clive." "We all saw it." "50 Yeah, but the question is, 50 how is anyone going to want me 50 and him in Chambers together?" "50 I'm finished, aren't I?" "5 No." "5I promise you, you're not." "5We'll work on it." "5Here." "Take a cab home." "50 I'm going to look at the unused." "5Now you're impressing me." "5Thank you." "5GLASS SMASHES" "55 What do you want?" "50 I was just working." "50 And now, I'm going." "50 I'm Martha Costello's new pupil." "55 You're her knight in shining armour 55 by all accounts." "50 She's great, isn't she?" "55 Yes." "50 Are you all right?" "5 I'm fine." "50 Can I ask you a question?" "5 Mmhmm." "50 Do you think she'll get Silk?" "55 Yes." "50 See you." "5One alligator, two alligator, 5three alligator, four." "5One alligator, two alligator, 5three alligator, four alligator, 5five alligator." "5PHONE RINGS" "55 Hello?" "5 Get over here." "5No, there is no-one else." "5It must be you." "55 Right, what have you got for me?" "5You've never met Gary Rush?" "5 No." "5Watch this." "55 Well, how am I suppose..." "5Just watch it." "5The defendant may or may not be 5present in the DVD you are watching." "5Which one is he?" "55 Four." "It's number four." "5Why?" "5 I don't know." "50 I come in three times a day." "50 I help Mr Dodd to get dressed in the 50 morning, I give him his lunch and 50 then I help him get to bed at night." "5And when you left him that 5evening he was in bed and 5everything was as it should be?" "0 Yes." "5No questions." "5Oh, actually, sorry, just one, sorry." "5Did you close the door behind you?" "50 Yes, of course." "5Thank you." "5The defendant lives a short distance 5away from the scene of the crime." "5And you arrested him because there 5is CCTV footage of a man on a Vespa 5leaving from outside 5Mr Dodd's home address" "5just after the burglary took place?" "55 The defendant owns a Vespa." "55 The footage isn't good enough 55 for us to identify it 100%, but... 5Grounds for suspicion." "5Grounds for arrest?" "5 Yes." "5Was any of the stolen property 5recovered from the defendant's flat?" "55 No.5 Any paraphernalia 5associated with burglary?" "55 These things are easily disposed of." "5Stick to the evidence officer, 5not supposition." "55 It's supposition based 55 on 25 years of experience." "5Then came the ID parade." "Slam dunk." "5You haven't been in the court 5until now, 5so you won't know what Mr Dodd 5said in the witness box," "5but you will have heard 5about the...yawn moment?" "55 It's...chilling." "55 Torture an old man and then yawn." "55 Was he bored?" "Tired?" "5And this is the kind of behaviour 5you'd expect from this defendant?" "50 Do you have any idea what 50 you're doing, Miss Costello?" "5Is it right that this defendant 5has previous convictions?" "5Including three previous 5convictions for burglary?" "55 Yes." "5Can you tell us about the sentences 5Mr Rush received for those offences?" "55 Probation the first time, 80 hours 55 community service the second time, 55 5 followed by six months in prison." "5In 25 years of experience, 5how do you feel about 5those sentences?" "5 Too short." "5In 25 years of experience, if a man 5yawns and puts his gloved hand 5up to his mouth and then 5with the same hand" "5opens the door using the handle, 5what will we find on the handle?" "5DNA." "Where is it?" "5Who was the first officer to arrive 5on the scene of the crime?" "5 I was." "5This was before the SOCOs, long 5before forensics had got to the flat." "5When the door handle was tested 5were any fingerprints found?" "55 No.5 None?" "5A door handle with 5nobody's prints on it?" "5Not Mr Dodd's?" "Not the Social Worker 5from an hour before?" "5Mr Dodd couldn't have been clearer." "5The intruder yawned." "5He put his gloved hand up to 5his face to cover his yawn." "5He opened the door with the same hand 5using the handle." "5Gather up all your experience, 5Officer, 5bring it to the front of your mind 5and park it next to your anger" "5and tell this jury that someone 5didn't wipe the handle clean 5before it was tested." "5You've fitted up this defendant 5because you don't like him." "5He's got form 5and in your policeman's mind he 5hasn't been properly punished." "55 So how did Mr Dodd pick him out?" "55 Hey?" "55 If it wasn't him?" "50 One alligator, two alligator, 50 three alligator, four alligator." "50 One alligator, two alligator, 50 three alligator, four alligator, 50 0 five alligator, six..." "50 That was something." "50 That was really something." "5You've seen 5the DVD of the ID procedure." "5You've heard the victim count 5in his very own, 5very particular, very precise way," "5the fact that Gary Rush is on 5that screen for two seconds, 5or alligators, 5longer than everyone else." "5You've seen the black screen either 5side of only one image on that video." "5The only evidence this 5prosecution relies on 5is Mr Dodd picking out 5the defendant on an ID parade." "5Not only is there 5no forensic evidence, 5there is evidence 5of there being no forensic evidence," "5which, frankly, is impossible." "5If Gary Rush was in that flat 5and he yawned, 5then his DNA 5would be on that door handle." "5Is it safe to convict this man 5on this evidence?" "5You as a jury have a sacred task." "5It is your job to apply 5the one basic principle 5on which everything 5in our justice system turns." "5The prosecution have 5to prove beyond all reasonable doubt 5that a defendant is guilty." "5Go back to your jury room and apply 5that principle to these facts 5and come back 5with the only proper verdict." "5Gary Rush is not guilty." "50 Three convictions for burglary." "55 We've had this conversation." "50 But obviously his acquittal 50 last year for another burglary 50 isn't on the list of previous." "50 But it is in the unused." "5That's because it's 5an acquittal, Nick." "50 Or because the victim was punched 50 three times in the head 50 and bottled out of0 giving evidence 50 at the last minute." "50 What does that tell you?" "5That DS Scarrow has a classic 5motive for fitting up Gary Rush." "5That he walked into this crime and 5removed any possibility from his mind 5that Rush might not be the right man." "5It's about integrity 5of justice, Nick." "5It's about people getting a fair 5trial and that's all there is, 5and it matters so much." "50 Miss Costello?" "5 Verdict?" "50 Will the defendant please stand." "55 Will the foreman please stand." "50 Have you reached a verdict upon 50 which all of you are agreed?" "5 Yes." "50 Do you find the defendant guilty, or 50 not guilty of aggravated burglary?" "5Not guilty.0 Yes!" "5These two things are true." "5Gary Rush is a horrible man 5and it's right that he gets off." "5They are not mutually exclusive." "5Let's go and see Mercedes Cordoba." "50 Come on." "55 They raped me." "55 Every time." "55 Seven men." "55 Always all of them 55 so that when I was pregnant 55 they wouldn't know 55 who the father was." "55 When my belly grew bigger 55 they made me swallow the drugs" "55 and I flew to London." "5Where are your children?" "55 Every time the baby was born," "55 they took the baby away." "55 Three boys." "55 Two girls." "55 And then they raped me again." "55 I don't know where my babies are." "5Why didn't you tell me this?" "5I could have used it." "55 I wanted a long sentence." "55 Here I am safe." "55 I am away from them." "5There is a ground of appeal." "55 Why can't you hear me?" "55 I do not want an appeal." "55 Thank you." "50 What was the ground of appeal?" "5Me." "Me being hopeless." "50 Gary Rush doesn't 50 think you're hopeless." "5Who delivered this?" "5 Bike." "5Did he take his helmet off?" "55 No." "Why, Miss?" "50 20 years since I 50 delivered a brief by hand." "50 Kidnapping at the Bailey tomorrow." "55 Here you go, Miss." "55 Gary Rush is a free man, you've 55 prevented a miscarriage of justice, 55 Cant Frogett love you." "55 A day in the life 55 of Martha Costello." "5PHONE RINGS" "50 Forget trials and rules of evidence 50 and conviction rates and whatever." "50 Women do invent rapes 50 that never happened." "55 Win a rape trial in front of 55 the most influential judge in 55 the South Eastern circuit and you go 55 straight to Silk, do not pass go." "50 What makes you think it's winnable?" "50 0 What are my chances?" "5 50-50." "50 If I chose anyone0 to cross examine 50 you it0 would be Martha Costello." "50 She won't go for you." "50 Her heart isn't in it." "50 Say hello to Martha Costello." "50 Tell her she's the girl for me." "55 There will be nothing on 55 that medal to link Gary Rush 55 to it so you do nothing." "5'Hello?" "'" "5We need to modernize." "But Billy, 5we're not sure how he fits in." "55 Never underestimate 55 what I know, John." "50 I'm your client, I need more 50 from you than you're giving." "5I'm telling the truth." "5You're the liar here, not me." "5Subtitles by Red Bee Media Ltd 5E-mail subtitling@bbc.co.uk"