To Encourage the Others (1972) - full transcript

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MCDONALD:
You all right?

(POLICE BELL RINGING)

Drop your gun.

CRAIG
Come and get it

You all right?

He got me in the shoulder.

What's his name?

Chris Craig.

What kind of gun has he got?

(GUNSHOTS)

(FOOTSTEPS APPROACHING)



(THUMPING ON DOOR)

MILES: Which way
is the bloke with the gun?

FAIRFAX: Bloke with the gun
is on your left.

(GUNSHOTS)

(BELL RINGING)
(TYRES SCREECHING)

The little bastard.

God, I wish I had a gun.

Is he dead?

Is he dead?

BENTLEY:
Yes, he is, you rotten sod!

What the hell are you trying to do?

Get your head blown off, too?

He wouldn't shoot me. I'm his mate!

What are we going to do?
He's got us penned in.



FAIRFAX:
I don't know.

(GLASS SHATTERING)

(BRICK THUDDING)

Don't try to come out.

I don't think he's got any bullets left.

Oh, yes, I have!

(GUNSHOT)

I've got a .45 and plenty of ammunition.

My name's Craig.

Come on, you coppers,
I'm only sixteen!

You want to watch out,
he'll blow your bloody heads off.

Come on, you brave coppers!

Think of your wives!

We need the guns up here.
-We'll have to go down the pipe, then.

We'll never get through that doorway.
Not without being shot.

-As long as we got him, we will.
-(BELLS RINGING)

They're taking me down, Chris.

-Owl
-Are they hurting you, Derek?

-(BENTLEY GROANS)
-Are they hurting you, Derek?

Well, come on, then.

You hiding behind a shield?

(SOFTLY) Save the bullets,
save the bullets

Is that thing bulletproof?

Are you all right, Derek?

FAIRFAX:
Drop your gun.

I've got a gun.

Well, come on, then, copper!

Let's have it out.

Are we gonna have a shooting match?

I's just what I like!

(GUNSHOTS)

(CARTRIDGE CLATTERS)

See!

It's empty!

Give my love to...

NARRATOR: These events
took place on a Croydon rooftop

on Sunday, the 2nd of November, 1952.

This is the true story
of what subsequently happened

to sixteen-year-old
Christopher Craig

and nineteen-year-old
Derek Bentley.

-(DOOR BELL RINGING)
-(URGENT KNOCKING)

OFFICER:
Open up, it's the police.

-Is it my brother? Is it Derek?
-(CLANGING)

Your brother's killed a policeman.

What do you mean?
What do you mean he's killed a policeman?

Where is he?
-It's four o'clock in the mooing.

What the hell do you think
you're doing?!

Your son's killed a policeman.

-Oh, no!
What are you talking about?

My boy wouldn't kill anyone,
let alone a policeman

-Who are you?
Never mind about that.

-Who the hell are you?
-That's my brother

-Will, what's he talking about?
-What the hell's going on here?

I don't know, Bert. Some nonsense
about Derek having killed a copper!

-Who told you that?
-He did!

-Here, you're not taking that knife!
-Why not?

So you can say you found it on my son!

We need it down the station
to clear up a few points.

Come on, let's go.

(DOOR SLAMS)

NARRATOR: The two men
in charge of police investigation,

Detective Chief Inspector Smith
and Detective Sergeant Shepherd

received a request
for an immediate full report.

The man who made the request
was Prime Minister Winston Churchill

On the 11th of November, 1952,

Christopher Craig made
his first appearance in public

since he had jumped
from the thirty-foot high roof.

He was brought to
Croydon Magistrates' Court

and publicly charged
with the murder of PC Miles.

Medical evidence given at this hearing

confirmed that he was suffering
from a broken back,

a broken wrist and broken ribs.

The following week,
both Craig and Bentley

were committed for trial
at the Old Bailey.

Just two days before the trial
was due to commence,

Barrister John Pam's received the brief
to defend Christopher Craig.

He travelled to London
to seek an adjournment.

Waiting for this meeting
was Frank Cassels,

Bentley's defence counsel.

Parris asked Cassels
for an opinion on the case.

I think both the little bastards
ought to swing.

Also present at this meeting were
prosecuting counsel Christmas Humphreys

and the man who was to sit
in judgement at the trial,

Lord Chief Justice of England,
Lord Goddard.

I don't see that Craig
has any defence,

adequate or otherwise,

and in view of the fact that
the prosecution are ready to proceed

and Frank is ready on behalf of Bentley,

I think the sooner
we get on with it, the better.

PARRIS
With respect, My Lord,

I cannot accept that
Craig has no defence.

I'm not in the habit of defending
clients that have no defence to run.

LORD GODDARD:
If he has defence, what is it?

Manslaughter.

Manslaughter?

Nonsense. Sheer nonsense.

They continued to argue
for thirty-five minutes.

John Parris expanded
on what Craig's defence would be

with Lord Goddard openly contemptuous
of the defence counsel's arguments.

The entire conversation taking place
in front of Christmas Humphreys.

This situation gave
the prosecution counsel

more than ample time to prepare
a rebuttal to that defence.

Eventually, Parris tried
a different gambit.

Look, er...

If this case starts tomorrow,
it will last longer than two days.

You'll still be sitting on Monday.

Wheat of it?

Well, correct me if I am wrong,

but aren't you due at the Appeal Court
next Monday?

Er, Mr Humphreys.

Er, will you make
an announcement in court?

That after due discussion,

er, the case is being adjourned
until Tuesday, 9th of December.

That suit you, Mr Parris?

On the black market, seats for the trial
were sold for £30 each.

MRS BENTLEY: Here, Will,
ain't that Mr Stevens?

MR BENTLEY:
Hello, Mr Stevens.

Hello, Mr Bentley.

Mrs Bentley.
-Mr Stevens.

Who's that man you were with?

That's Frank Cassels.
He's defending your son.

He's calling on me to give evidence
about Derek's coat, isn't he?

Oh, quite likely.

So I'm afraid you'll have to wait
outside until you're called.

It's worth waiting.

Fairfax reckoned he knocked
my hoy to the ground.

If he fell on a wet tarmac roof,

how come there aren't
any marks on his coat?

I've had it checked, you know.

Here, who's that?
Er, talking with the police?

(INAUDIBLE)

Oh, now, that's the prosecuting counsel.

He's a fine man.

He's a Buddhist, you know.

He don't look foreign.

(CHUCKLING) No, I mean his religion.

He's a great believer in non-violence.

Well, he can start with finding out
who gave my boy a good hiding.

I think he may well have
other plans concerning your son.

I really must go in now,
the court's just about to sit.

Excuse me.

-IRIS: Good luck, Mr Stevens.
-Oh, thank you.

HUMPHREYS:
May it please you, My Lord,

gentlemen of the jury.

In this case,

I'm instructed for the Crown
with my friend Mr John Bass.

The accused, Christopher Craig,

who is sixteen-and-a-half years of age,

is represented by my friend, Mr Parris.

The accused, Derek Bentley,

further from you,

who is nineteen-and-a half

is represented by my friend,
Mr Frank Cassels.

Now, the charge against those two youths

is that on the night
of the 2nd of November last,

they together murdered a police officer,
Sidney George Miles.

A charge to which
they have pleaded not guilty.

Now, you may have read something
of this case in the press.

You may have read
how these two young men

were found on the roof
of a building in Croydon.

That there was, what was
described as a gun battle,

as a result of which
one police constable was killed

and another wounded,

and of a spectacular jump,

or dive, by the boy, Craig,
from the roof of the building

as a result of which he was injured

and had to appear at the
Magistrates' Court on a stretcher,

and of the alleged confessions
of Bentley

that he knew Craig had a gun.

Now, on behalf of the prosecution,

I ask you to forget everything you have
read about this case up 10 the moment.

This case will be tried,
as cases are in every English Court,

upon the evidence before you

and on that alone.

That's it.

Right.

Al light, love?

Now, the case
of the prosecution is this:

That Craig deliberately and wilfully
murdered that police constable,

and thereafter, gloried in the murder.

That Bentley incited Craig
to begin shooting.

And, although technically under arrest

at the actual time
of that killing of Miles,

was party to that murder

and equally responsible in law.

Did your son ever manage
to read or write, Mr Craig?

No, Christopher suffered from what
I believe is known as 'word blindness'.

Word blindness?

But you tried, did you not,
night after night,

-to teach him to read?
-On, I did indeed, sir.

HUMPHREYS: As a result of that,
the only reading matter

he is familiar with are,
what are called comics?

Yes, just small words.

I think the only books
that he knows anything about

are the books of Enid Blyton,

that he gets other people
to read to him?

Yes.

I believe you encouraged the family
to take an interest in shooting,

as you yourself
were a very good marksman.

Well, I did teach my elder boys
to shoot well at target practice

with air guns and air pistols,

but not with live rounds and revolvers.

Do you remember, about a year ago,
going to a rifle range with Christopher,

when you both shot at a target?

MR CRAIG:
I do.

I think all your bullets were
within half an inch of the target

and nearly all of his were outside?

Yes, he did not make a good group.

But he had not had a lot of practice
with that type of rifle.

HUMPHREYS: Did you know that
it was Christopher's ambition in life

-to be a gunsmith?
-Yes, but we didn't take it seriously

because we didn't think it was
a calling he should follow.

Was Christopher ever,
to your knowledge, a violent boy?

Never.

In fact, quite the opposite.

Gentle?

Very gentle.

I believe that until eighteen
months-to-two years ago,

he used to go to a Bible class
at a church in Streatham.

He did, but he stopped going
in case they asked him to read a lesson.

As he couldn't read,
he would have been embarrassed.

All his life he's been very conscious
of the fact that he could not read.

And was mocked by the other boys
for that reason?

Yes.

Thank you, Mr Craig.

Er, no questions.

(INAUDIBLE)

And did you know he'd sawn off
the barrel of this revolver?

I... Certainly did not.

Well, did you know he had hidden
the sawn-off piece

in the attic of your house?

I did not.

Well, did you know
he'd hidden in your house

that large quantity of ammunition?

Which is, er, exhibit number 14.

Er. I did not.

Including twenty-five air gun pellets,

Twenty-two rounds of .22,
twenty-eight rounds of .32,

twelve rounds of .38,
forty-six rounds of .31,

three rounds of 45,
eight rounds of .303,

and five rounds of .303 blanks!

Now, you knew nothing about that?

I did not.

No further questions.

Sergeant Fairfax,

did you, on the 2nd of November,
go with Police Constable Harrison

and other officers in a police car

to the premises
of Messrs Barlow and Parker

at Tamworth Road, Croydon?

Yes.

And you were the first police officer,
as far as you know,

-to enter the building?
-Yes.

And you climbed up onto the flat roof
by a drain pipe in the passage?

Yes.

What did you do
when you got up onto the roof?

I saw two men.

-The accused?
-Yes.

What did you do?

I walked towards 'em.

And as I did, they backed away
and went behind the lift head.

And?

I walked to within six feet
of the lift head and shouted,

"I'm a police officer.
Come out from behind that stack."

Craig, shouted back,

"If you want us, fucking well
come and get us."

I said, "All right."

I rushed behind the stack
and got hold of Bentley.

I puled him out info the open.

{then pushed him
round the side of the stack,

which Craig had just
previously gone out of.

I pushed Bentley round
with a view to closing in on Craig.

HUMPHREYS: So, with one man
in your grasp, you pursued the other?

FAIRFAX:
Yes. I pursued the other.

HUMPHREYS:
Er, what happened?

FAIRFAX: As we got to
the corner of the stack,

Bentley broke away from me.

And as he did so, he shouted,
"Let him have if, Chris."

There was a flash, and a loud report,

and I felt something strike
my right shoulder,

which caused me to spin round
and fall to the ground.

Now just indicate to the jury,
how the bullet went

The bullet

went through there.

HUMPHREYS:
At that point,

-how far away were you from Craig?
-About six feet.

HUMPHREYS:
And what happened next?

As I was getting up from the ground,

I saw one person moving away
from me to my left

and one person moving away to my right.

And now, to get it clear,

as a result of your being shot
and knocked down,

Bentley had got out of your grasp?
-Yes.

And?

FAIRFAX: I made a grab at the fellow
on my right,

and found that ! had again
got hold of Bentley.

1 struck him with my fist
and he fell to the ground.

As he fell, there was
a second loud report.

And I then pulled Bentley
up in front of me as a shield.

LORD GODDARD: The report
was a report of gunfire?

FAIRFAX:
Yes, sir.

I then pulled Bentley to the side
of the roof light and searched him

to see if he was carrying a gun.

He was not carrying a gun.

But in his pocket,
I found a knuckle-duster.

HUMPHREYS:
Is, er...

Is that the knuckle-duster?

Yes.

May the jury see that, My Lord?

LORD GODDARD:
They may.

You will be able to have it later,
members of the jury,

but just look at it now.

HUMPHREYS: Er, what else
did you find on him?

In his right-hand pocket,
I found a knife.

HUMPHREYS:
Is that the knife?

Yes.

May the jury look at that, My Lord?
-Yes.

Er, did he make any comment?

He said, "That's all I've got, Governor.
I haven't got a gun."

I then told him I intended to work him
around the roof to the roof entrance.

There was some protection there.

HUMPHREYS: Mmm-hmm. What did Bentley
say when you told him of your plans?

Bentley said, "He'll shoot you."

And did you work him round
until he was sheltered with you

by this staircase head?

FAIRFAX:
Yes.

LORD GODDARD: Er, working him round
the right-hand side of the roof?

FAIRFAX:
Yes, sir.

Craig had followed us round
to approximately the middle of the roof.

He then retreated back to the top
right-hand corner of the roof.

HUMPHREYS:
Now, Sergeant Fairfax,

you say it was the third shot
that was fired that was the fatal shot.

Is that right?

-The shot that hit PC Miles, sir?
-Yes

Oh, no, to my recollection,
there were several other shots.

But I don't know what he was firing at.

Well, you see, you have not mentioned
that hitherto, have you?

No.
-You said there was one shot

that struck you first of all,
then another shot,

and then the third shot
which hit PC Miles.

It certainly was not the third shot.

Well, what other shots were there?

I should say there were
six or seven other shots.

Before the fatal shot?

Before the fatal shot, yes.

(SCOFFING) Now, do I
understand you correctly?

There are six or seven other shots

in addition to the ones that you told
My Lord and the jury about?

Yes, that's so.

And you have not said a word about
these shots until a few moments ago.

-Have you, Officer?
No.

Well, did you see where
these shots came from?

-No
-Where were you when they were fired?

I was then round about the doorway
and the bottom left-hand roof light.

I suggest to you,

that the first time a shot was fired

was when you had Bentley
already in your custody

and had brought him round
to somewhere near the doorway.

Bentley had already been arrested.

But at the time of the first shot,
he was not in my grasp.

He had already broken away from me.

I suggest you already had him round by
the doorway before Craig fired at all.

No sir, definitely not...

And at the time
the first shot was fired,

Craig was standing
to the west of the shaft.

No.

Well, of course, it was dark.

It was very confusing, what was
going on out there, was it not?

FAIRFAX:
It was dark.

You could see two people.

But you could not see them
clearly enough to recognise them.

And did you hear a shot fired
when Bentley called out,

as you alleged,
"They are taking me down below, Chris"?

FAIRFAX:
No.

Well, were you in a position
when that was said

to hear a shot if one had been fired?

FAIRFAX:
Yes.

PARRIS:
Hmm...

Well, let us see
if I'm right in my addition.

Is this the story?

Two shots to start with,

six or seven after that,

the fatal one and one later?

Yes.

That makes ten or eleven shots in all
that you say you heard.

Yes.

Thank you, Sergeant Fairfax.

Is that the suit you were
wearing at the time?

Yes.

CASSELS:
Sergeant Fairfax,

would you just lift up the jacket and
waistcoat so that the jury may see?

It shows the hole.

-It has a jagged tear, is it not?
-Yes.

Not the normal neat hole
that the bullet frequently makes?

I can't answer that.

-CASSELS: You do not know.
-No

CASSELS: Now, are you saying,
Sergeant Fairfax,

that Bentley broke away
before the shot was fired or after?

Definitely before the shot.

Then you were not holding him
when the shot was fired?

No.

(CHUCKLING) You see...

I do not want to take advantage
of any slip,

but you did agree with
my learned friend, Mr Humphreys,

that Bentley broke away
after the shot was fired

You said "yes" to the question he asked.

If I did, I've made a mistake.

Because Bentley actually broke away
from me before the shot was fired.

Yes, the witness is quite right.
I've made a note of it

"As we reached
the bottom left-hand corner,

"Bentley broke away and shouted,
'Let him have it, Chris.'

"There was a shot and a flash
and I felt something strike me."

CASSELS:
I quite agree, My Lord.

But, subsequently, Mr Humphreys

asked a question
which was framed like this:

"As a result of your being shot
and knocked down,

"did Bentley break away?"

And the answer was yes.

That is why I do not wish to take
advantage of it, if it is a mistake.

What I suggest is this:

That up until the shot was fired,
Bentley had not said a word.

No.

What, you say that is wrong?

No, that is quite right.

Bentley had not said a word,
until he broke away from me.

That was not my question.

My question was,
until the shot was fired,

Bentley did not say a word.

Yes, sir, he did.

I am suggesting that he never said,
"Let him have it, Chris",

or any words to that effect!

He did.

Was it not Craig that shouted out,
"I've got a .45 Colt"?

No.

Did you ever hear Craig say that
at any time on the roof?

No.

If another officer says he did say it,
then you did not hear it.

I did not hear it. No.

You see, I'm suggesting
it was Craig on the roof

who said he had a 45 Colt
and not Bentley.

No, sir. It was definitely Bentley.

Whether Craig said it as well,
I did not hear.

LORD GODDARD: Er, was the word
you heard, "He' or 'I'?

I heard Bentley say it, My Lord.

Yes, what did he say?

"He has got a .45 Colt and
plenty of ammunition.”

If it had been Craig who had said I,

it would have been,
"I have got a .45 Colt".

That is why I asked
whether the word was 'he' or.

"He! sir.

CASSELS:
Officer,

when did you make notes,
as I imagine you did,

of what was said on the rooftop?

I did not make any notes.

No notes at all?

No.

I dictated a statement.

CASSELS; When did you dictate
the statement?

It was after receiving
medical attention at the hospital.

Somewhere between one and two
in the morning of the 3rd of November.

Had a number of police officers
been to see you in hospital

before you dictated that statement?

No.

None at all?

I saw

Detective Chief Inspector Smith

and Detective Sergeant Shepherd
at the hospital

when they came in.

Thank you, Sergeant Fairfax.

At about that time, did you hear
somebody shout something?

I did. I heard someone shout,
"Let him have it, Chris."

Were you then on the ground
or were you still on the pipe?

I was practically level
with the roof, My Lord,

but I could not get
up the last six feet.

You were still clinging to the pipe
when you heard it?

Yes.

You heard someone shout,
"Let him have it, Chris."

I do not suppose you knew
the voice at that time, did you?

I did not.

Have you heard the same voice since?

I could not say for certain.

-Did you then climb down the pipe?
-Yes

And did you hear something?

Yes, I had reached the ground,

and I heard two or three shots
fired from the direction of the roof.

Did Bentley say,
"Let him have it, Chris"?

I couldn't say whether
it was Bentley or not.

But you heard the word 'Chris' used?

I did, My Lord.

So far as you know,
there were three people on the roof.

Yes.

Sergeant Fairfax and the two men.

Yes.

And you heard,
"Let him have it, Chris."

-Is that right?
-That is right, My Lord.

Very good.

After you heard this remark,

how long did it take you
to climb down the pipe?

Minutes.
-What?

Well, a minute, My Lord.

Well, could you have counted sixty?

I'm not sure that I could.

There's people who always say 'minutes'
when they mean 'seconds'

I saw Sergeant Fairfax
move towards the lift shaft,

he came to the right
and detained a man there.

I spoke to him and asked him
if he was all right.

Now, Constable Harrison,
whom had he detained?

It was Bentley, sir.

What happened then?

Well, he began to move his prisoner,
or the person in custody,

towards the door
that led on to the roof.

As he did, sir,
the prisoner pulled away from him,

broke away, and I heard him call out,

"Let him have it, Chris."

Who was it who called that out?

That was Bentley.

What happened after that?

Well, immediately afterwards,
there were two shots fired

from the direction of the ft shaft

and I saw Detective Sergeant Fairfax
spin around and fall onto the roof.

Were the shots fired
in rapid succession or what?

Fairly rapid, sir.

Now, Dr Jazwon, you examined
Detective Sergeant Fairfax

when he was brought to
Croydon General Hospital?

Yes.

His injury is what I think
you describe as a searing wound.

-Yes.
-That is,

it had passed over the surface
of the skin and had not penetrated it.

Yes.

Now, am I right in thinking

that it shows signs of going
upwards and over?

-Yes.
-It goes up and over the shoulder.

Yes, I suppose
you could put it like that.

Well, that would
indicate to you, Doctor,

that the bullet had
come from a low level?

Yes, it would appear to be like that.

It is a self-evident proposition,
is it not?

Yes, My Lord.

Then I don't know why the doctor's
been brought down

from Manchester to say that.

I thought the jury might
like to appreciate it.

(SIGHING)

Now, Doctor, I want you to draw
some inferences from this.

That officer found a bullet
somewhere round his back braces.

Now, is what you found
in your examination

consistent with the bullet
ricocheting off the floor,

searing the shoulder
and going down behind?

LORD GODDARD:
Oh...

Are you competent to answer
such a question?

No, I think not, really.

-You prefer not?
- I prefer not

The doctor's here
to give medical evidence,

not speculate on the flight of bullets.

I was asking whether
what he'd found, the wound,

is consistent with that theory.

That is a matter
you can address the jury on.

It is not a matter for the doctor.

If Your Lordship will not allow
the question, that is all.

I regret you've been brought
all the way down from Manchester.

The procedure of binding over
was introduced

for the purpose of saving
the time of people

who've been conditionally bound over.

The wound that you've
given evidence about

and passing across the skin could
have been perfectly well read.

I regret that you have been brought,
you are now at liberty to go.

Lewis Charles Nickolls,
you are a Master of Science,

a fellow of the
Royal Institute of Chemistry

and director of the Metropolitan Police
Laboratory, New Scotland Yard?

Yes.

Mr Nickolls,

Exhibit 8 is, in all probability,
the fatal bullet, is it not?

Found under the staircase head.

I could find no evidence of blood
on it whatsoever

Therefore, in all probability,
it is not the fatal bullet.

May I put it to you that Craig's
revolver with its sawn-off barrel

is inaccurate to the degree of six feet,
at a range of thirty-nine feet?

-Oh, yes.
-Quite as much as that?

I think it would be of that order, yes.

Some of the ammunition used was,
of course,

-of lower calibre than .45, was it not?
-Yes, it was.

That, of course, would make
a shot more inaccurate.

It would make it completely inaccurate.

“It would make it
completely inaccurate."

Yes.

A bullet was fired by Craig

and Police Constable Miles,
coming out of that roof entrance,

fell dead with a bullet
between the eyes

Now, we do not know exactly
where Craig was standing but, erm,

give him the maximum distance
of forty feet away.

Now, if he fired at such people

as are coming out
of that staircase head,

and fired more than once
with the correct ammunition,

was there a reasonable chance
of his hitting them,

or one of them, or some of them?

I think it would be an extremely
dangerous thing to do.

LORD GODDARD:
Er, Mr Humphreys,

this is a case in which
an officer of justice was murdered,

-or shot
-Yes, My Lord.

Well, very different considerations,
as you know, apply

when an officer of justice in the course
of the execution of his duty is Killed.

Er, yes, My Lord, but

with great respect,
I was following up with this witness

what I imagined to be, I may be wrong,

the beginning of a certain
line of defence.

Well, if that defence is wrong,

I shall instruct the jury
that it is no defence at all.

If Your Lordship pleases.

That is the case for the prosecution.

PARRIS: Between the age of eleven
and your present age,

how many weapons have you had?

-Forty or fifty, sir.
-"Forty or fifty."

From where did you get these?

Swapped them
with the boys at school, sir.

LORD GODDARD:
What?

I swapped them and, er,
bought them off boys at school, sir.

Did you ever take any of these weapons
to school with you?

Yes, I used to take all of them.

What?

I used to take all of them, sir.

What, forty or fifty, do you mean?

Well, I hadn't got them
all at the same time, sir.

Did you, on one occasion,

go with your father to a shooting range?

Yes.

And did you know that firearms
could kill people?

Yes, sir.

Let us get on to something that matters.

Now, I want you to tell us
in your own words

what happened after the Officer Fairfax
came onto the roof?

Well, he came from
one of those drainpipes

and he came round and grabbed Bentley.

Now, where was Bentley
when he was grabbed?

Well I was on the west
behind the lift shaft.

And Bentley was over the east side,

standing in the gutter way, sir.
The gulley.

PARRIS: Now, when he grabbed Bentley,
which way did the officer go?

CRAIG: He took him
round behind the staircase head.

The roof entrance.

Then he left Bentley
and came hack for me.

PARRIS: Now, the officer has said
that at some stage of the proceedings,

Bentley said,
"Let him have it, Chris."

-Did you hear any words like that?
-No, sir.

When was the first shot fired?

CRAIG: Sergeant Fairfax was
between the door and the roof lights.

[ Fired at the ground about
six feet in front of me, maybe less.

When I fired, he ducked
down to the ground.

PARRIS:
Did you fire another shot?

CRAIG: Oh, not then,
just little while later, sir.

He got up and rushed at Bentley
or something

and ! tried to frighten him off,

and ! fired another one
over the side of the roof.

So you fired another one
to frighten him off, did you?

How many shots do you say
you fired altogether?

Nine, sir.

So you reloaded the revolver?

Yes, sir.

Reloaded it

Did you see the Officer Miles
come up onto the roof?

I didn't see him come
up on the roof, sir.

The door flew open

and I thought someone was coming out

and ! fired another one
to try and frighten them away.

PARRIS:
Where did you fire that shot?

CRAIG: Towards the number 30 house,
sir. Over the roof.

PARRIS: That is, over the parapet side
towards number 307

CRAIG:
Yes, sir

And how did it come about

that it hit PC Miles
coming out of the door?

It might have ricocheted off, sir.
I don't know.

"It might have ricocheted"?

Or anything, sir.

Do you know how it came to hit him?

No, sir.

Had you any intention, at any time,
of killing that officer?

No, sir.

Have you ever expressed
any regret or sorrow

that you killed that officer?

Yes, sir.

When?

When I am in prison, sir.

Who to?

Well, I don't know. To anyone, sir.

From the moment
that you dived off the roof,

what was the next thing
that you remember?

I was in hospital

and I woke up when someone
hit me in the mouth

and called me a 'murdering bastard'

PARRIS: What was the
next thing after that?

They were pushing down
a corridor on a trolley

and they were running me into the walls
and all over the bumps

50 that they could hurt me.

-Do you know who was doing that?
-No, sir.

On this night,

November 2nd,

you shot Police Constable Miles.

-Is that right?
-Yes

-And he died?
-Yes.

You know that?

CRAIG: I found out
on Wednesday the 5th.

-You meant to shoot him, did you not?
-No.

You meant to shoot any police officer
who tried to prevent your escaping

from the felony you were committing?

I didn't

What did you take the knife for?

I always carried it, sir.

What did you carry it for?

Well, it is only a sheath knife.

What is that spike for?

Oh, I just put it in it
There was a hole

No, what did you put it there for?

I just put it there, sir.

What is the knuckle-duster for?

To put on your hand, sir.

To put on your hand to hit anybody with?

Yes, sir.

And what is that dreadful spike for?

That was in there.

LORD GODDARD: Yes, I know.
But you say you made it.

I want to know
what you put it in there for.

I didn't, sir. It was there.

That was just a block of steel

and I rounded off things
and filed it a bit

So that if you've got this on your hand,

you've got this as well

Yes, sir.

-A dreadful weapon.
-(THUD)

And you had the gun,
and Bentley knew it?

CRAIG:
No.

Well, you discussed what you were
going to do with it, did you not?

No, sir.

Do you say Bentley didn't know
you had a gun?

No, sir.

Do you say that you were out
with Bentley that night

to do this shop-breaking
and you did not tell him you had a gun?

No, sir.

Well, you told him when you were
on the roof that you had a gun

Well, yes, sir, when I saw the police.

So, before there was any shooting,

you told him in terms
that you had a gun?

-Yes.
-And that it was loaded?

Yes, sir.

Was there any discussion
about it being used?

No, sir.

Did you tell him that you had a gun
508510 make him feel safer

there with you,

50 that if the police came,

you had a gun to keep the police off?

No, sir.

Then why did you tell him
you had got it?

I don't know, sir.

You do not know?

You shot Fairfax at six-feet range,
did you not?

No, sir.

Well, how far away do you say it was?

CRAIG:
Thirty-seven feet, sir.

HUMPHREYS: Sergeant Fairfax has told us
that he came and grabbed Bentley

and while you were all there together
by the head of the lift shaft,

you deliberately shot him.

I didn't, sir.

Having been incited to do so
by Bentley saying,

“Let him have it, Chris."
Now, are you saying,

you did not hear that?

Bentley didn't say it.

Well, three officers heard it
in the darkness

from different points of the compass.

Are you saying he did not say it?

I'm saying I didn't hear it

And if they heard it then they
got better hearing than mine

Well, do you remember,
on the next evening in hospital, saying,

"Your coppers, huh.

"The other one's dead
with a hole in his head.

"I'm all right.

"All you bastards ought to be dead."

I told you, sir,
I didn't know he was dead

until Wednesday the 5th,
because I got a newspaper then.

So, all these officers
who have given evidence

about what you said,
are not speaking the truth.

Is that your story?

Yes, sir.

Now,

tell the Jury again

the answer to a question
His Lordship asked you.

From the moment you killed PC Miles,

until you gave evidence
in the witness box,

have you ever shown the slightest word

or sign of remorse

or regret for killing him?

-Not to anyone, sir...
-Not to anyone?

Well, I might have done, sir...

Or was it only regret that
you had not shot more of them?

No, sir.

I don't hurt people, sir.

I think you were going to finish
that remark, Christopher,

"Not to anyone," but?

I don't...
Don't know what I was asked, sir.

You were asked

whether you had ever shown
a sign of remorse

or expressed a word of regret

to anybody

at having killed that young policeman?

Well, it's all I think
about in prison, sir.

You may think about it,

you were asked if you'd ever expressed
any regret to anybody?

Who is there to express it to, sir?

-Have you said anything to your parents?
-Yes, sir.

You saw plenty of policemen

because they were watching
at your bedside.

I wasn't conscious!

I was hardly conscious
half the time, sir.

"Hardly conscious'!
Don't talk such nonsense.

PARRIS: What state you were in
when you were in hospital?

I was only half-conscious.

I was crying for my mother.

When you went out
with all these weapons on you

had you any intention
of using any of them?

No, sir.

I've never hurt anyone in my life, sir.

PARRIS
Thank you, Christopher.

Take the book in the right hand

and read the oath.

BENTLEY:
(SOFTLY) I cant.

I beg your pardon?

I can't read.

Say after me.

I swear by almighty God,

I swear by almighty God,

-that the evidence I shall give
-that the evidence I shall give

-shall be the truth,
-shall be the truth,

-the whole truth,
-the whole truth,

-and nothing but the truth.
-and nothing but the truth.

CASSELS: Are you
nineteen-and-a-half years of age?

Yes.

Up until the time of your arrest,

were you were living at
1 Fairview Road, Norbury?

Yes.

What were you doing for a living?

I'd been a dustman and on removals.

Were you in work at this time?

No. I'd had an accident.

What happened
when you got behind the stack?

Sergeant Fairfax come and took me, sir.

I couldn't see nothing
where I was standing.

He come and took me, sir,
and he walked me across the roof.

When Sergeant Fairfax came and took you,

did he say anything?

He said, "I'm a police officer.
I've got the place surrounded."

When Sergeant Fairfax took hold of you,
did you make any effort to struggle?

-No, sir.
-Or any attempt to strike him?

No, sir.

At the time when Sergeant Fairfax
got hold of you,

did you know that Craig was armed?

No.

Had you said anything
before any shot was fired?

No, sir.

Did you say, "Let him have it, Chris"?

No, sir!

Up until a time a shot was fired,
did you know that Craig had a gun?

No.

What did you do when the shot was fired?

I stood by Sergeant Fairfax, sir.

Did you make any attempt to strike him
while he was on the ground

or while he was falling?

No, sir!

Was any mention made by anyone of a gun?

I think Craig called it out, sir.

I never said nothing 'cause I don't know
one from another.

From that time, until you were
taken downstairs by the police,

did you remain behind
the staircase head?

I did, sir.

Were you being held all the time
by police officers?

No.

Was there anyone to prevent you,
if you had wanted, joining Craig?

No, sir.

Did you, when you were taken downstairs,
say, "They're taking me down, Chris"?

I think I said
something of the sort, sir,

but I can't remember what it was.

-Something to that effect?
-Yes, sir.

Why did you say that?

Well, sir, I thought
his mind was disturbed

and he might have shot anybody, sir.

And later you say,

"I knew he had a gun
that was in the car,

"put I didn't think he'd use it.

"He's done one of your blokes in."

Is that true or untrue?

Untrue, sir.

So, that is three police officers
whose evidence is untrue

against your evidence,
which you say is true.

-Yes.
-LORD GODDARD: No, four.

Er, Fairfax and McDonald on the roof,

Roberts and Stevens in the car.

If Your Lordship pleases.

Anyway, on this night when
you went to the warehouse,

you knew perfectly well
you were going to break in?

Not until we got over the fence, sir.

HUMPHREYS: Then Detective Sergeant
Fairfax grabbed you?

-Yes, sir
-And you knew you were grabbed

by a police officer when you were
trying to commit a crime, did you not?

'Arrested.' Now you know
what that means?

-Yes.
-And while you were arrested,

you do your best to break away,
and he, with you in custody,

pursues Craig around the stack.

-Is that right?
-No, sir!

At any rate, you broke away from him,

-did you not?
-No!

And when he is no longer holding you,
you call out, "Let him have it, Chris."

-No, sir!
-So that all three officers

who heard you say that
are wrong, are they?

That's right.

And in fact,

Chris did let him have it

-He did shoot, sir.
-Yes.

Now... (CLEARS THROAT)

According to you,

when you were over
by the staircase head,

you were not being held
by a police officer.

Is that right?

That's right.

So that, er, you were not
under arrest at the time.

I was standing there, sir.

And you were not being held?

-No, sir
-You were quite free

-to run away if you wanted to.
-Yes, sir.

And you were still on the roof
when the shooting was going on.

Yes, sir.

In fact, you incited him
to do something further.

You shouted out, "Look out, Chris,
they're taking me down."

That was in case he shot me, sir.

You were only thinking
of your own skin, you mean?

If he shot me, sir, there were two other
police officers with me.

You were frightened
he might shoot at the police

and hit you by mistake?

He might have hit anybody, sir.

The police did not matter?

In fact, Sergeant Fairfax,
having been hit,

takes you behind
the staircase head for cover

and then you volunteer the remark
when McDonald comes up.

I think I've already put it to you,
you say you did not say it,

"I told the silly bugger not to use it."

But did you also say
to the officers later,

"Look out, he'll blow your heads off?

I can't remember saying that, sir.

But you knew he was a thoroughly
dangerous and irresponsible person

with a gun in his hand, did you not?

At the time he was shooting, yes, sir.

And well before you got on the roof?

-No, sir!
-And when you thought

you were being taken down,
you incited him to shoot further

50 that you might get away
from the police?

If I'd done as you said, sir,
I might have been shot myself.

I see you're still thinking
of your own skin.

In other words,

you were prepared
to assist Craig by such

hitting with knuckle-dusters
or stabbing with daggers

or shooting with a revolver
at the police

as would enable you to escape

if caught in the crime
you were committing?

No, sir!

CASSELS: My Lord,
that is the case for Bentley.

NARRATOR:
After the lunch recess,

Christmas Humphreys rose
and began his final speech to the jury.

He dealt, firstly,
with the case against Craig,

then turned his attentions
to Derek Bentley.

And you will also bear in mind

that, to some extent,

it is difficult to say now
to what extent

Bentley was under arrest.

Now,

I open to you in Bentley's favour

that during the actual murder
of PC Miles,

he was physically under arrest.

Bentley will not have it.

Bentley is saying that he was not.

That he was not being held,
that he was free to get away.

Therefore, any assistance
that there was to Bentley

that he was actually
physically controlled

at the time that Craig shot PC Miles

no longer applies because he has
knocked it from under his feet.

Now,

the all-important matter
for you to consider

is the evidence

that Bentley knew

that Craig had upon him a loaded gun.

Now, did he

or did he not say
right at the beginning,

"Let him have it, Chris?"

Three separate officers,

McDonald at the bottom
of the drain pipe,

Fairfax at the receiving end
of the bullet,

Harrison away to the right,
as you look at the plan of the roof,

heard that statement.

Therefore, it was shouted.

Now, Bentley asks you to say

they did not hear it,

that it was not said.

If it was said,

what does it mean

but that Bentley knew
that Craig had a gun

and was urging him to use it?

Why?

Because he had been arrested.

"Let him have it, Chris."

And what was the answer

to show that Craig
understood that incitement

but a bullet that hit Sergeant Fairfax.

Now, Bentley himself
was deliberately armed,

was carrying a murderous dagger
and he was given a knuckle-duster

on the way to the premises.

Now, Craig says he made it himself

and just, erm, happened to have left
the murderous spike on the end of it.

And if Bentley is going to accept
a murderous knuckle-duster,

and he's already carrying of his own
volition a murderous dagger,

are you going to believe

he did not know that Craig had a gun?

At no time, or for one moment,

throughout the whole
of that twenty or twenty-five minutes

did Bentley make a sound,

either by shouting to Craig
or even to the police officers,

to show that his mind
had ceased to be with Craig

and that he was trying
to stop Craig shooting

and to throw away the gun.

So,

you have these two young men

charged jointly

with the murder
of this police constable.

It is the only issue you are trying.

They are both sane in law

as no attempt whatsoever has been made
to suggest to you that they are not.

They are both, therefore,
young though they may be,

responsible, like any other
citizen in law,

for what they do.

Now, you have sworn

to return a verdict
according to the evidence.

What may or may not be the result
of your verdict is no concern

of yours or any other person
in this court.

And I must ask you, in accordance
with the oath that you have taken,

to return a verdict on this indictment
of guilty of wilful murder

against each of these two young men.

Well, if we have to wait out here
much longer, Dad, I'm going in.

Now then, love,
don't you upset your father.

He's got enough on his mind.

You wait till I get him home.

He's going to get a good hiding,
giving us all this worry.

No business getting up on that roof.

PARRIS: Every one of us feels sympathy
towards the men and women

who loved the man who died.

But this is a matter to be put
out of your minds in this case.

You are no more to decide Craig's guilt

on the basis of sympathy
for his parents, for his mother,

surely the most tragic mother
in England

You are to decide this case
on the evidence

and on the evidence alone.

I invite you to have a look
at this jacket,

I think it is Exhibit Number 17,

and I hope you will have an opportunity
of considering it

The officer's story is that he was shot
point blank from six feet.

By my summation,

this is a clear indication,

the ragged nature of the tear,
that what Craig says is right.

That he fired down on the ground
and that the bullet ricocheted up.

It caused a jagged tear
almost with a flap on it.

Now, what Craig says is consistent
with the nature of the exhibit.

It is also consistent
with what the doctor said

about the nature of the wound.

That it came from below
and was passing over the shoulder.

And you will remember that the bullet
was found round the back braces.

Now, is that not consistent

and consistent only
with Christopher Craig's story?

He says,

"The officer was thirty-seven feet,
thereabouts, from me.

"I fired down on the ground
in front of me and the officer was hit."

It was because the bullet bounced up,
struck him on the shoulder,

ran over his shoulder
to the back of his jacket

and dropped down behind his braces.

Now, whether you think that is
reasonable or not, I do not know.

But I do say this:

That both the injury
that the officer received

and the state of his clothing
are not consistent

with a bullet fired from six feet
with a .455 Eley

Now, whether it be
a slightly undersized bullet

or a completely undersized bullet,

if it was fired at point blank range
I suggest

that it would have either drilled him,

or at least have inflicted
a very serious wound on him.

How did the Officer Miles

come to receive a bullet
right through the forehead?

You have heard what has been said
about this revolver and the ammunition.

And you may conclude
that it was a tragic,

unfortunate, million-to-one shot,

because Mr Nickolls told you that
at that range of thirty-nine feet

the weapon would be inaccurate
by at least six feet.

LORD GODDARD:
Er, Mr Parris,

I think it only right
that I should tell the jury

that what you are saying to them now,

no doubt with the best intentions,
is not the law.

If all your hypothesis were right,

the defence of accident
is not open to him

for the reason that I shall explain
to the jury, and it will be murder

My Lord, the defence base it on the case
of Appleby.

You misread it.

"If in the course of a struggle
he accidentally caused an injury..."

A man does not accidentally cause
an injury if he shoots.

The act has to be accidental.

As I understand it, it was the injury
which has to be accidental

(SIGHS)

Members of the Jury, it is said
on behalf of the defence,

that this was an accident.

A tragic accident
and not a deliberate act of murder.

May I conclude with one final thing.

If this boy

had had the intention to murder
police officers, as is suggested,

why did he not kill Sergeant Fairfax

when Sergeant Fairfax was within
three-to-six feet of him on two occasions?

I ask you, if possible,
members of the jury

to return in this case a verdict
of manslaughter,

which in the submission of the defence,

would be consistent with both justice

and law.

MRS BENTLEY:
What's happening, love?

IRIS: Craig's barrister's
just finished speaking

Do you mean
he's had to wait all this time?

Oh, no, Mum, his final speech.

-What about our barrister?
-IRIS: He's just starting.

Thank God for that.

He'll be calling me soon.

In a serious charge, such as this,

the most serious charge that could
be brought against any person,

you will say to yourselves,

"We must be quite certain that we have
clearly formed in our minds

"a picture of what took place
on that roof

"on the evening of Sunday,
the 2nd of November."

You will remember
that it is common ground in this case

that never, at any time at all
on that roof,

did Bentley offer violence
to any police officer.

Now, you might have thought

that if he was on that roof,
knowing Craig was armed

and having incited Craig
to use violence in resisting arrest,

his behaviour might have been a lot
different from what the police agree

was his behaviour at that time.

There is not a single piece of evidence
from any police officer

that at any time did Bentley attempt
violence towards them.

You've got to remember
that if this man Bentley

was inciting Craig

to use violence in resisting arrest,

his behaviour was unusual.

Now, with regard to the alleged remark,
"Let him have it, Chris.”

It is as my learned friend has told you,
the all-important remark in this case

Because, I venture to suggest to you,
if you are not satisfied

that it was Bentley who made the remark,

it will go a long, long way in helping
you to come to a decision

so far as Bentley is concerned.

Now, three police officers
say they heard the remark made.

As against that, you have
the evidence of Craig who says,

"I never heard it"

And he was standing almost as close
to Bentley as to Sergeant Fairfax.

And you have heard the evidence
of Bentley who said,

"I never said it."

And you have this in addition,
and I do suggest this is important:

Was Bentley's behaviour,
from that point onwards,

the behaviour you might
have expected of a man,

one of two,

who had broken into premises,

or had attempted to break into premises,

who knew his colleague was armed,

who himself had invited his colleague
to let the police officers have it,

and whose colleague had, in fact,
let the police officers have it?

LORD GODDARD
Er, gentlemen of the jury,

I never like in so serious
a case as this

to start a summing up in the evening

and then have to resume it
in the morning

So we will adjourn
until tomorrow at 10:30.

BAILIFF:
The court will rise.

NARRATOR: At lunchtime,
Lord Goddard had said privately

that he would sit that day

until the verdict had been returned
and the case concluded.

Now, at 3:40, he had decided to adjourn
until the following day.

This decision ensured
that there was a nineteen-hour gap

between the speeches for the defendants
and his own summing up to the jury.

Now, members of the jury,

in many respects,
this is a terrible case.

And one, therefore,
that it is desirable

you and I approach

in as calm a frame of mind as we can.

It is surely idle to pretend these days

that a boy of sixteen does not know the
wickedness of taking out a revolver

of that description
and a pocket full of ammunition

and firing it

when he is on an unlawful expedition
and the police are approaching.

It may be,

and indeed I think it is probable,

that you will find no room
for manslaughter in this case.

If I were to whip out a revolver
and point it at you

and shoot one of you gentlemen,
and it killed you,

it would be no answer for me to say,

"Oh! I didn't mean to kill him.

" Only meant to wound him."

Have you ever seen
a more horrible weapon?

This is to hit a person in the face
who comes 10 you.

You grasp it here,
your fingers go through.

I cannot quite get mine through,
I think

And you've got the dreadful,
heavy steel bar

to strike anybody with.

And you can kill a person
with this, of course.

And have you ever seen
a more shacking thing than that?

You have a spike with which you can
jab anybody who comes at you.

If the blow with the steel
is not enough,

you have a spike at the side to jab.

You may wonder

why Craig said,

"I am only sixteen."

Possibly, you may know that the law

does not allow a capital sentence
to be passed on a boy of sixteen.

Was it a boast?

"Ha-ha! Come on, I've got a gun.

"I can't be hanged."

You will think of that.

Now, of course,

the most serious piece of evidence
against Bentley is

that he called out, if you believe
the evidence, to Craig,

"Let him have it, Chris."

And immediately the firing started

and the very first shot
hit Sergeant Fairfax.

Those words are sworn to
by three police officers.

Sergeant Fairfax, PC McDonald
and PC Harrison.

They all swear that they heard
Bentley call them out

and then the firing began.

Now, there's one thing

I'm sure I can say with the assent
of all you twelve gentlemen.

That the police officers that night,
and these three officers in particular,

showed the highest gallantry
and resolution

They were conspicuously brave.

Are you going to say
that they are conspicuous liars?

Because,

if their evidence is untrue
that Bentley called out,

"Let him have it, Chris",

those three officers
are doing their best

to swear away the life of that boy.

If it is true,

it is, of course, the most deadly
piece of evidence against him.

Do you believe

that those three officers
who've come into the box

and sworn what is deliberately untrue,

those three officers who, on that night,

showed a devotion to duty

for which they are entitled
to the thanks of the community?

Bentley's defence is,
" didn't know he had a gun,

"I deny that I said,
'Let him have it, Chris',

"I didn't know he was going to shoot,
and I didn't think he would "

Against that denial,

which is, of course,

the denial of a man in grievous peril,

you will consider the evidence
of those three police officers

who have sworn positively

that those words were said.

NARRATOR: After his summing up,
Lord Goddard invited the jury

to take any of the weapons
into the jury room with them.

They declined.
But as they were filing out...

My Lord, I would like to see
Sergeant Fairfax's coat and waistcoat.

You will remember, of course, gentlemen,

that you are not considering
the wounding of Sergeant Fairfax,

you are considering
the murder of PC Miles.

(GAVEL THUDDING)

At 11:15 on Thursday,
the 11th of December,

the Craig-Bentley jury retired
to consider their verdict.

If a jury's function is to arrive
at a true verdict

based on all the available evidence,

then this particular jury was labouring
under a number of serious handicaps.

Two of the police officers
who answered the initial 999 call

to Croydon Police Station

were Police Constables Pain and Bugden.

Although present at crucial stages
of the gun battle,

they never deposed evidence
at the committal proceedings at Croydon,

nor did they give evidence
at the Old Bailey trial.

If believed, the most deadly
piece of evidence against Bentley

was that he had called out to Craig,
"Let him have it, Chris."

Detective Sergeant Fairfax

was the first officer to swear
that Bentley made the remark,

and that the result
was a shot from Craig

fired at point blank range,
hitting Fairfax in the shoulder.

A 45 bullet fired from such
close proximity,

will, according to ballistics experts,

either drill or shatter the shoulder.

In fact, the bullet that hit Fairfax
did not even draw blood,

but travelled over
the surface of the shoulder

and came to rest
in the officer's braces.

The doctor is here
to give medical evidence,

not speculate on the flight of bullets.

I was asking whether
what he'd found, the wound,

is consistent with that theory.

That is a matter
you can address the jury on.

It is not a matter for the doctor.

If Your Lordship will not allow
the question, that is all.

NARRATOR: if the Lord Chief Justice
had not interrupted

and then summarily dismissed Dr Jazwon,

the jury would have learned
that there were no powder burns

upon Fairfax's coat and waistcoat.

If the wound had been sustained
at the close distance alleged,

there would have been powder burns.

This particular interruption was just
one of two hundred and fifty interruptions

that the Lord Chief Justice made
during the two-and-a-half-day trial.

I made a grab at the fellow
on my right,

and found that I had again
got hold of Bentley

I struck him with my fist
and he fell to the ground.

NARRATOR: Mr Bentley had expected
to give evidence that his son's coat

had been subjected
to a scientific examination,

and that there were
no roof particles upon it

He waited outside the courtroom
for two days but was not called.

You were still clinging to the pipe
when you heard it?

Yes.

You heard someone shout,
"Let him have it, Chris."

I do not suppose you knew
the voice at that time, did you?

I did not.

-Did you then climb down the pipe?
-Yes

And did you hear something?

Yes, I had reached the ground,

and I heard two or three shots
fired from the direction of the roof.

NARRATOR: McDonald's testimony
directly contradicted the evidence

of his colleagues Fairfax and Harrison.

They both insisted that the immediate
answer to the remark was a shot.

Like the missing powder bums
on Fairfax's coat,

it was a powerful confirmation
of Craig's account

that he fired at Fairfax
from a distance of thirty-seven feet

and not six feet as alleged
by the police.

If McDonald had heard the remark

when only a few feet from
the top of the pipe,

why did he then climb down?

Why did he not wait for the outcome?

The third officer who alleged
he had heard the words,

"Let him have it, Chris",
was PC Harrison.

He stated that he was standing
by the chimney stack

when the remark was made.

This was Harrison's view of the roof
during the moments

leading to the firing of the first shot

On oath, Fairfax had stated that,
having grabbed Bentley,

he made his way round the lift head,

and rounding the western corner
had been confronted by Craig.

That Bentley had then broken free
shouting, "Let him have it, Chris.”

If Fairfax was correct
in his recollection,

then Harrison could not have seen
Bentley break away.

Alternatively, if Harrison is correct in
his version that, having grabbed Bentley,

Fairfax made his way towards
the roof entrance,

then Fairfax's evidence
must be incorrect.

The three police officers
who accompanied Derek Bentley

to Croydon police station
were Stevens, who drove the car,

Roberts and Alderson,
who sat in the back of the car

with Bentley between them.

Roberts and Stevens stated
whilst under oath

that during the journey
Bentley had said,

" knew he had a gun,
but ! didn't think he'd use it

"He's done one of your blokes in."

This was vital evidence against Bentley.

For, if believed, I proved that Bentley
knew prior to the attempted break-in

that Craig was armed with a gun.

Bentley denied making
the incriminating remark.

That leaves the evidence
of Police Constable Alderson,

squashed in the back of the car
with Bentley next to him.

Alderson never deposed evidence,

did not appear at the Croydon
committal proceedings

and did not appear
at the Old Bailey trial.

Although Frank Cassels made particular
reference in his final speech

to Alderson's absence
from the witness box,

Lord Goddard, when summing up,

not only ignored
defence counsel's remarks,

he actually advised the jury
that all three officers

had gone into the box

and sworn that Bentley
had made the remark in the car.

On the evidence of the two police
officers in charge of investigations,

Craig had been questioned
within one hour of his admittance

to Croydon General Hospital.

Whilst under oath,
Detective Sergeant Shepherd

alleged that Craig
had said at that time,

"I had six in the gun,
I fired at a policeman,

" had six Tommy Gun bullets.”

Shepherd had then cautioned Craig,

and, according to the police officer,
the youth had replied,

"Is the copper dead?
How about the others?

"We ought to have shot them all."

Detective Chief Inspector Smith
also recalled in the witness box

a conversation he had had
with Craig on the evening

of Sunday, the 2nd of November, 1952.

After Craig had been charged
with the murder of PC Miles,

it was alleged by Smith
that Craig replied,

"He's dead, is he?
What about the others?"

All these remarks
attributed to Craig were vital,

for, if believed by the jury,

they satisfied all the basic points
of law that had to be established

beyond all reasonable doubt

before Craig could be found
guilty of murder,

that he knew he was firing at policemen
and that he was firing deliberately.

Craig denied making
these incriminating remarks.

In the cubicle next to Craig
was Detective Sergeant Fairfax,

also receiving medical treatment.

During a recent interview,
he stated categorically

that from the moment that Craig
had been placed in the ambulance

at Tamworth Road until
well into the following day,

Craig remained in
an unconscious condition.

The doctor who treated both
Fairfax and Craig was Nicholas Jazwon.

He has confirmed Fairfax's recollections

that Craig was unconscious
upon his arrival at the hospital

and remained in that condition
throughout the night

Neither man was asked
to give evidence on this aspect.

Before the trial, Dr Matheson,
the Brixton Prison Medical Officer,

had prepared a report on Bentley.

His conclusions were
that Bentley was sane,

fit to plead to the indictment,
fit to stand his trial.

In fact, from the age of five,

Derek Bentley suffered
continually from epilepsy.

Between the ages of fifteen and seventeen,
his IQ was assessed at 66,

indicating a mental age of fen
and a feeble-minded condition.

He was totally illiterate.

At the age of seventeen, he was examined
by the head of psychological medicine

at Guy's hospital, Dr James Monroe.

Dr Monroe's conclusions
were that Bentley was feeble-minded

and that his intellectual retardation

was the result
for congenital lack of intelligence.

At the age of eighteen,

Bentley had been given
a National Service medical.

After intelligence tests
and a psychiatric examination,

Bentley was placed in the lowest
possible grade

and exempted from National Service.

By declaring that Bentley
was it to plead,

Dr Matheson was stating that the youth
had the ability to challenge jurors,

examine witnesses, instruct counsel,

follow the evidence
and make a proper defence.

No mention of Bentley's true condition

was made at any time
during the Old Bailey trial.

Cassels made no use whatsoever
of the vast amount

of medical evidence on Bentley
that had been collated by his solicitor.

Neither did he refer
at any stage of the trial

to Matheson's report on Bentley.

During a recent interview,

he stated that he had never seen
Matheson's report.

The state is obliged by law
to furnish a copy of this document

to defence counsel.

One particular point that
the prosecuting counsel,

Christmas Humphreys, made
during his closing speech was...

HUMPHREYS:; At no time,
or for one moment,

throughout the whole
of that twenty or twenty-five minutes

did Bentley make a sound,

either by shouting to Craig
or even to the police officers,

to show that his mind
had ceased to be with Craig

and that he was trying
to stop Craig shooting

and to throw away the gun.

NARRATOR: Christopher Craig recently
recounted a particular incident on the roof

that ironically counter-points
the prosecution counsel's remarks.

For Christ's sake, Chris,
what's got into you?

Don't come any closer,
you'll get it too

And what are you trying to do?

Sneak round and get the gun?

What's got into you, Chris?

Get back or I'll shoot you, Derek!

Go on, get hack!

It's no good. He won't listen.

Craig's counsel, John Parris,
had been anxious initially

to establish that Craig did not reload
his gun during the battle.

Unwittingly, Parris established
something that had far greater meaning.

PARRIS:
Well, what other shots were there?

I should say there were
six or seven other shots.

Before the fatal shot?

Before the fatal shot, yes.

(SCOFFING) Now, do I
understand you correctly?

There are six or seven other shots

in addition to the ones that you told
My Lord and the jury about?

Yes, that's so.

And you have not said a word about
these shots until a few moments ago.

-Have you, Officer?
No.

NARRATOR: There is no doubt whatsoever
that, prior to the death of PC Miles,

Craig had fired only four shots.

The only other people with guns
in the roof area were policemen.

Dr David Haler was the pathologist

who had carried out the post-mortem
on the body of PC Miles.

In evidence, he described
the fatal wound

as one that had been caused
by a bullet of large calibre.

He was not asked to define the term
'large calibre' more precisely.

The fatal bullet was not,
and never has been, produced.

At 12:30pm, after considering
their verdict for seventy-five minutes,

the jury returned to Number Two Court

Members of the jury,

-are you agreed upon your verdict?
-FOREMAN: We are.

Do you find the prisoner
Christopher Craig

guilty or not guilty of murder?

Guilty.

Do you find the prisoner
Derek William Bentley

guilty or not guilty of murder?

Guilty, with a recommendation for mercy.

You find both prisoners guilty,
and is that the verdict of you all?

It is.

Christopher Craig,
you stand convicted of murder.

Have you anything to say
why sentence should not be passed

according to law?

Derek William Bentley,
you stand convicted of murder.

Have you anything to say
why sentence of death

should not be passed according to law?

(CROWD MURMURING)

Derek William Bentley,

you are nineteen years of age,

it is my duty to pass on you
the only sentence

that the law can pass
for the crime of wilful murder.

The sentence of the court upon you is

that you be taken from
this place to a lawful prison

and thence, to a place of execution,

and there you'll suffer death by hanging

and your body be buried
within the precincts of the prison

in which you shall be last confined

before your execution.

And may the Lord
have mercy on your soul.

BAILIFF:
Amen

Take him down.

Christopher Craig,

you are under nineteen,

but, in my judgement and evidently
in the judgement of the Jury,

you are the more guilty of the two.

Your heart was filed with hate
and you murdered a policeman,

without thought of his wife,
his family or himself.

And never once have you
uttered a word of sorrow

for what you have done.

I can only sentence you

to be detained until
Her Majesty's pleasure be known.

I should tell the Secretary of State,

when forwarding the recommendation
of the jury in Bentley's Case,

that you are,

in my opinion,

one of the most dangerous
young criminals

who has ever stood in that dock.

And it is quite obvious

that the people of this country

will not be safe
if you are out of prison.

I shall recommend a time,

which I suggest
to the Secretary of State,

that you shall be kept in confinement.

The sentence upon you is

that you be kept in strict custody

until the pleasure of Her Majesty
be known.

Take him down.

Merry Christmas, son
We brought you some fruit.

Ta!

Happy Christmas, Derek.

GUARD: I'm sorry, Mr Bentley, you
won't be allowed to leave that fruit.

“Why not?
-GUARD: It's prison regulations, Miss.

My son's a condemned man.
He's allowed anything he wants.

Well, I'm sorry Mr Bentley,
if I had my way, he could have it

But it's just not allowed.

MR BENTLEY: What's the matter
with these bloody people?

When he was at Brixton, we couldn't
find out who gave him a good hiding.

Now he's at Wandsworth
he can't have any fruit!

Don't worry, Dad, Dennis'll eat it.

-How's Mum?
-Oh, she's fine.

She's stayed behind to answer the phone.

I can't get over that, us with a phone!

Oh, and don't forget the secretaries.

Believe me, son, we need them.

You should see the piles of letters
we're getting.

We've started organising the petition.

Dad wants to get a thousand
people to sign it

A thousand? There ain't that
many people in Norbury!

No! Not just Norbury, son,

all over the British Isles!

You'd be surprised how many people
have taken an interest in you.

I can't see why they're doing it.

Because they don't think you should die.

- Ain't gonna die, Dad.
-No

All that's a load of cobblers.

I might have to do
a few years in borstal.

Hey, did I tell you I got
my own bath in here?

-No!
-Right there in the room,

-just like a hotel.
-(LAUGHING)

-Who washes your back?
-(LAUGHING)

I got a couple of warders
keep me company all the time.

They even stay with me when I'm kipping.

I keep beating them at cards,
but I can't beat them 10 the door!

(MR BENTLEY LAUGHING)

Now then, let's see what
we've got here, eh, Dennis?

-Yes, Mum
-(SNIFFLING)

Looks as though someone's
sent a present for Derek

Yeah.

-Should we open it?
-Yes.

It's kind. Isn't that kind?

DENNIS:
Yes.

It's nice paper.

DENNIS:
Yes.

"Your son needs this."

(SOBBING) Oh, my God.

Take it easy on me
at the appeal, Frank.

(CHUCKLING)

I don't think you've got
anything to worry about.

Even if you lose the appeal,

I'm quite sure the Home Secretary
will reprieve Bentley.

I don't think he will.

I don't think Bentley
should be reprieved.

He deserves to hang.

NARRATOR: There were two grounds
upon which Frank Cassels appealed

on behalf of Bentley.

First,

(NARRATOR READING)

The only reference Lord Goddard
had made to Bentley's defence

during his forty-five minute speech
had been...

Bentley's defence is,
" didn't know he had a gun,

"I deny that I said,
'Let him have it, Chris',

" didn't know he was going to shoot
and I didn't think he would."

NARRATOR:
In the opinion of the appeal judges,

Lord Goddard's summing up
had been a model of perfection.

They could find no fault with it

(MAN READING)

The first ground of the appeal,
therefore, was accordingly dismissed.

The second ground was more unusual.

In fact, it was unique.

(NARRATOR READING)

As Bentley had been under arrest
for at least twenty-five minutes

when PC Miles was killed,

it was highly pertinent to question

whether this fact
affected Bentley's culpability.

Commenting on Frank Cassel's complaint
that Lord Goddard had failed completely

to discuss this aspect
during his summing up,

the senior appeal judge,
Mr Justice Croom John is on said,

(MAN READING)

Giving judgement
on the second ground of appeal,

Mr Justice Croom Johnson said,

(MAN READING)

Almost every word of that
part of the judgement is inaccurate,

as can be seen by a transcription
of the material parts of the evidence.

The judgement of
Mr Justice Croom Johnson was, therefore

not an accurate version of the evidence,

and the basis on which the second ground
of appeal was rejected was wholly wrong.

On the evidence of both defendants,

Bentley was under arrest
at the crucial time.

On the evidence of four policemen,
Bentley was under arrest

In the opinion of Lord Goddard
Bentley was under arrest.

In the opinion of everybody
who has ever written

or commented upon this case,
Bentley was under arrest

Before the trial, Bentley had been sent
to the Maudsley Hospital

for an EEG examination.

The examination was carried out

by Doctor, now Professor,
Sir Denis Hill

Sir Denis is regarded as
a world authority on human brainwaves.

In the opinion of Sir Denis,

an opinion shared by many members
of the medical profession,

if a person suffers from epilepsy,

the disease can never
safely be ruled out

from being a contributing factor
or indeed the direct cause

of a crime such as the one of which
Bentley had been found guilty.

On the 24th of January,
Sir Denis wrote to the Home Secretary,

leaving Sir David Maxwell Fyfe
in no doubt

of the implications of hanging
an epileptic.

Hello?

Yeah.

Who?

Okay.

Harry Procter.

Hello?

Yeah.

-(DOOR BELL RINGING)
-Yeah

No, I'M go.

I need to stretch my legs,
dear. (GROANING)

Look, we got over
a hundred thousand signatures.

If that doesn't get him off,
nothing will.

What?

(DOOR OPENING)

It's the Sunday Pictorial.

If he writes a last letter,
they want to buy it

Yeah.

(DOOR CLOSING)

Why?

No, no.

I know there's less than
forty-eight hours to go.

We haven't given up hope,
even if you have

(PHONE SLAMMING)

That...

That was a young reporter, Will.

MR BENTLEY:
Hmm?

Well, tell him to come in
and have a cup of tea.

He's gone.

He just wanted confirmation of the news.

What news?

He said his paper's been advised

that Maxwell Fyfe

has refused to grant a reprieve.

Surely we'd be the first to know?

Why, course we would, love.

Well,

there might be something in that lot.

(CHUCKLING) No.

They wouldn't send it through the post!

We'd get a special messenger
from the Home Office at least.

(MRS BENTLEY MUMBLING)

It won't be there.

OHMS.

Oh, my God.

Here, Will.

(INAUDIBLE)

"I am directed by the Secretary of State

“to inform you that he has
given careful consideration

"to the petition submitted by you
on behalf of your son, Derek Bentley.

"And I am to express to you

"his deep regret,

"that after considering
all circumstances of the case,

"he has failed to discover
any sufficient ground

"to Justify him in advising Her Majesty

"to interfere with
the due course of the law."

It was posted on Saturday.

It's been lying in the post box
all over the weekend.

(IRIS AND MRS BENTLEY SOBBING)

(VOICE BREAKING) Dad.

I'm not aff aid to die

because I'm innocent.

As long as you keep your chins up,
I'll keep mine up, whatever happens.

Everybody knows I didn't kill Mr Miles.

I've got nothing on my conscience.

I know I did wrong going with Craig,

but I never knew
what he was going to do.

I wouldn't kill anything, Dad.
You know that, don't you?

Course we do, son.

Help me.

Please help me.

NARRATOR: On the evening
of the 26th of January, 1953,

Sydney Silverman, Member of Parliament
for Nelson and Colne,

tabled a motion calling for a reprieve.

The motion was to be debated
the next day.

However, the motion was removed
from the order paper

on the instructions of the Speaker.

For ninety minutes,
a succession of Labour MPs

tried in vain to persuade the Speaker
to change his mind and alter his ruling.

But the efforts of Sydney Silverman,

Reginald Paget, Leslie Hale,

Desmond Donnelly and Aneurin Bevan,
were all in vain.

The Speaker ruled that
while a capital case is pending,

the matter should not be
discussed by the house.

In essence, the Speaker's ruling was,

"You can only discuss
whether or not Bentley should hang,

'aff er he has hanged.'

With less than 24 hours to go
before Bentley was to die,

Dr Denis Hill had still received
no reply from the Home Office.

In desperation, he phoned them,
requesting permission

to make public the knowledge he had
concerning Bentley's mental condition.

Dr Hill was obliged to take this step

because he had obtained the knowledge
whilst acting on behalf of the State.

He was advised by the Home Office
that to make such details public

would not be in the public interest.

-BENTLEY: Dear Mum and Dad,
-(PEN SCRATCHING)

I was glad to see you
on the visit today,

but I was a little disappointed
that Rita couldn't come.

I got the rosary in the letter

and I saw the photo of the dogs.

Iris locked quite nice
surrounded with all those animals.

I couldn't keep the photo
'cause it was a newspaper cutting.

I told you, Mum, it'd be
very difficult to write this letter

because I can't think of anything to say

except that you've all been wonderful,
the way you've worked for me

Thank Rita for writing to me,

and tell her I'm thinking of her.

Don't forget what I told you today.

Always keep your chin up.

Tell Pop not to grind his teeth.

I... I mustn't forget to thank Lil
and Bert for writing to me

and coming to see me.

Give my love to them both

and anyone else that we knew.

Tell Ronnie to keep away from the boys
and stay on his own

It's me mate. I met Chris through him.

I hope Dad has some more televisions in.

Forgot to ask him how things
were on the visit

Dad and I used to have some fun
on that one of Leslie's.

He certainly had some
spare parts for it.

(SCOFFS) Bloody thing blew up.

Ta.

Oh, and Dad,

don't let my cycle frames get rusty.

Might come in handy one day.

'Cause Old Sally's got a cracked frame.

That's what I call my dad's bike.

And I want you to change it
before something happens to you.

Oh, and Dad,

keep a sf riot eye on Dennis
if he does anything wrong.

I don't think he will.

But you never know how little things
can get you into trouble.

If he does, wallop him so he won't
be able to sit down for three weeks.

I'm trying to give you good advice
because of my experiences.

I'll tell you what, though, Mum.

One day, the truth of this story
has got to come out.

As I said in the visiting box,

one day, a lot of people
are going to get into trouble.

I think you know who those people are.

What do you think, Mum?

This letter may sound a bit solemn,

but I'm still keeping my chin up

as I want all the family to do.

Don't let anything happen
to the dogs and cats.

Look after them as you always have.

I hope Laurie and Iris
get married all right.

I'd like to give them my blessing.

Be nice to have a brother-in-law like him.

Could have some fun together.

We could've gone around to the club
and drunk ourselves to a standstill

on the great occasion
of their getting married.

Tell him to lob out my flower.

Tell him to keep my mac clean,
and my tie.

Laurie and I used to have
some fun together by the pond

till four o'clock in the morning,
by the cafe.

Always caught Laurie
to pay for the pies.

Never caught me once.

That'll be all for now.

I'll sign this myself.

Lots of love.

NARRATOR: At 8pm,
on the evening of the 27th January,

a deputation of six MPs
presented a petition,

signed by two hundred MPs
to Sir David Maxwell Fyfe.

They again urged him
to reprieve Bentley.

The Home Secretary listened to
their arguments for forty-five minutes

and two hours later,
he informed them of his conclusions.

(PANICKED BREATHING)

BENTLEY:
(SOBBING; I didn't tell him.

I never told him to shoot
that policeman.

NARRATOR:
Sir David Maxwell Fyfe, Hansard, 1948.

(MAN READING)

(NARRATOR READING)

In May, 1972,

Reginald Maudling, then Home Secretary,
said in the House of Commons...

(NARRATOR READING)