Black Earth Rising (2018–…): Season 1, Episode 2 - Looking at the Past - full transcript

Eve opens the prosecution of Simon Nyamoya, but a shocking incident changes everything. Michael launches a new case, defending old friend Alice Munezero, and turns to Kate for help.

Are you OK there, sir?

I.I'mjust, er...

Getting a feel for the place.

The Nyamoya situation?

Er, Godwin Hall. I'm due in here...

1430 hours, Thursday.

Status conference.

Defence...there.

Prosecution here.

Interpreters.

Press.



And where you are?

Public gallery.

Right in here with us?

As they should be.

But the glass is soundproof,

so if the session goes in camera,
it just gets switched off.

It's impressive, isn't it?

Depends who wins.

(RAPID BEEPING)

(LOW-PITCHED BUZZING)

Un, deux, trois,

quatre, cing, six,

sept, huit, neuf,

dix, onze, douze.



Arrétez.

On est pret.

(THEME TUNE)

All rise.

The International Criminal Court
is now in session.

Please be seated.

Good afternoon, everyone.

(CHATTER)

(VOMITING)

Are you OK there, madam?

GUARD: It's OK. You come with me. It's OK.

Because of this, I ask the parties

that they address the court
in a concise and coherent manner,

and that they refrain from
delving into unrelated matters.

And it is in the light of this efficiency
that I wish to raise,

at this earliest of opportunities,

our intention to submit evidence
of an incident which took place

outside of the timescale permitted
by the court's mandate.

Madame President.

Ms Ashby, you are aware that
the DRC's signature to the Rome Statute

in 2002 invalidates submission
of any incidents before this time?

Thank you, Madame President. We are,
of course, aware of this limitation

and we do not seek to include
the submission within the indictment.

However, we feel it is vitally important
for us to establish

a pattern of persistent conduct
by the accused which, in and of itself...

- (POUNDING HEARTBEAT)
- ...we believe presents

a significant contribution to the specific
articles of the indictment

- for which the accused is standing trial.
- (CHATTER)

Our intent is to reveal
a course of prior conduct

to establish a predisposition
of character, Madame President.

Thank you, Ms Ashby.

And thank you for bringing this
to my attention so promptly,

as it relates to Article 61.3 (b)
of the Rome Statute.

May I be clear the incident to which
you wish to refer does not appear

in any documentation
presently available to the court?

- That is correct, Madame President.
- Sh!

This incident took place
outside of the court's mandate

and has therefore not been included
in any warrants of arrest.

We're only intent on
its inclusion at this time

for the aforementioned reasons.

Mr Zand?

Thank you, Madame President.

I hesitate to strike out of hand
any submission

which may, in fact,
prove to be of benefit to my client.

Therefore, we simply cannot respond

until we've been made fully
aware of the submission.

Ms Ashby, when may the details
of your proposed submission

be made available to the court?

Madame President,
we have the submission.

And we're ready to make copies of
the recording at Your Honour's request.

Thank you, Ms Ashby.

One moment, please.

Please make copies of your submissions
available to the court.

And I am now closing the hearing
for me to consider the matter further.

All rise.

What incident?

The one he thought we'd all forget.

(AUDIO FEEDS BACK AND CRACKLES)

(TRANSLATED FROM FRENCH)

No.

Yes, yes.

(VAN BEEPS)

It doesn't matter what you say.

They already know.

My daughter doesn't,
and she deserves...

(GUNSHOT)

Huh! Guard!

No, no, no!

(SCREAMING)

(ALARM BLARES)

What?

We leave the wedding ring on.

No, she wasn't married.

It was, um...

...it was like an engagement.

Has he been informed?

He's dead.

A long time ago.

It's foul.

But the shock of it
might, you know...help.

We argued...

...before she left.

I left her a message.

She-she didn't...

It doesn't matter.

She already knew.

REPORTER: The presence
of the killer's motorcycle

abandoned at this second crime scene

appears to bear all the hallmarks
of a classic clean-up job.

Of the three men
found shot dead in the vehicle,

two had apparently left the ICC
only minutes before.

There is speculation
that, for whatever reason,

these men had aborted
an initial assassination attempt,

leaving a fourth member of the cell
disguised as a highway patrolman

fo execute
a terrifyingly successful plan B.

At this time, the identity of
these three men and their killer

remains a complete mystery.

Initial suspicions
of a revenge attack

carried out against Simon Nyamoya
by Hutu extremist factions,

with whom he had fought
a decade-long war

in the Congolese forest
have yet to be confirmed or denied.

NEW ANCHOR: Back at home...

(PHONE RINGS)

Yes?

I have a General Munezero,
Rwandan Government.

- Put her through.
- (LINE BEEPS)

- Eunice.
- Alice.

Are you going to the funeral?

Yes, I will be.

Then we should meet there.

Yes, we should.

Ah, General Munezero.

I am a civilian now.
Member of Parliament.

Of course. My name's Charlie Barrétt,
I work with the FCO.

Welcome to the UK.

Thank you.

I'm here to speed you through Immigration.

Will it take long?

Feet won't touch the ground. Please.

(MONITORS BEEP AND WHIR)

What if...they switched it all off?

Nothing.

She's breathing for herself.

This is just to monitor.

Oh, Mikey.

It's fine.

It's what it is.

You think Eve was targeted?

Why? Who knew?

- She hadn't said anything yet.
- She didn't have a chance.

They were aiming for Nyamoya.
Had to be.

So...is it all set up?

Yeah.

Just gotta make a call.

Good.

Just not sure that I should.

Why?

Well, the way Eve was going to do it,
it felt clean.

- This way...
- Is the only one we have left.

Are you sure you want to do this?

Put yourself in the crosshairs?

Oh, Mikey.

They are already on me.

Hi, fellas.

S-something up?

I'm so sorry. It's because of my job.

Alice is with
the Rwandan Government.

She's here for the funeral.

Oh, right. And, er...

We go way back. What is it?

Er... I came here for officer training.

When was that?

Must be late '80s.

(LAUGHS)

Over 30 years ago. Oh, my God, don't.

And I gave you a lecture on...?

Geneva Convention.

You certainly took it to heart.

Single most important rule book
in the theatre of war.

If only they could keep it to 90 minutes
with a drinks interval.

Her lot brought the Rwandan genocide
to an end.

Oh. Well, OK.

I'm a book illustrator.

And Jenny's...?

Well, companion, I guess,
is what you'd say at our age.

Companion.

Please, tell her I said hello.

Yeah, sure.

I remember her
as a very beautiful woman.

Yeah? She still is.

Like her daughter.

So...I will see you at the funeral.

They're both gone now, Mikey.

We carry on.

We must.

For them.

Yeah.

So nice to meet you.

Maybe not say hello from her.

I figured. Are you still...?

No, no, no, no. Long time ago.

Thanks so much for doing this.

Oh, it's just till Jenny
can do it for herself.

Wasn't her fault.

It's always a mother's fault, Michael.

Always.

Eve always insisted
she was my mother.

But she wasn't.

She was the woman who rescued me.

And, actually,
she didn't do that bit either,

not the actual rescuing.

That was done by a man
named Ed Holt.

Some of you here will remember him.

I don't. I don't remember any of it.
Just what I'm told.

But that's OK
because Eve told me everything.

Ed was her partner, fiancé,

and they were both working in Rwanda
just after the genocide.

She was doing groundwork
for the tribunals

and he was on an aid assessment.

And one day, he found me.

In an orphanage.

Wounds that were killing me.

I don't know why he chose me...

...just that he did.

And, a week later, he was dead.

Killed in a plane crash
delivering aid to the DRC.

Eve always said that
I was the last thing he gave her,

and that's why she
treasured me ever since,

which can't have been easy
because I was completely bust.

Not just here, but here, and I was...

...I was never going to get fixed.

But...

...that I'm standing here today...

...looking anything like a human,
it's because of her.

Eve Ashby.

And she wasn't my mother.

I'm not even sure what that means,
or why I've said it.

Is she reliable?

-Hm?
- That speech.

It's a bit weird.

For being honest?

Inappropriate.

She will be with Michael.

What about him?

When it gets messy?

It will not.

It already has.

For all that easy charm, he wears
his principles like a Kevlar vest.

He knows what has to be done.

Gonna have his conscience
shot to shit, if not.

We are doing the right thing.

May come a time
when that gets forgotten.

We must make sure to remind him.

So?

We don't know, and we're not going to.

At least not yet.

They've got nothing on the killer

and the best they've got
on the other three

is hair-strand DNA
suggesting a sub-Saharan diet.

And down there, Nyamoya has more enemies
than I have uterine fibroids.

Just had an ultrasound,
I'm kind of obsessing about it.

But we will find out, eventually.

Just not the way we expect.

It's Africa, is what it is, Mikey.
But then we all knew that.

That is why we have to do this.

She's right.

The only chance we've got now
of completing what Eve started...

Is for you to make the call.

- Do it for her.
- For Eve.

And we might even find out who did this.

OK.

Here.

Long time since I've seen this.

(MAN SPEAKS SWAHILI)

She'd just changed the batteries.

Intended to play it in court.

She make copies?

(SIGHS) She didn't get that far.

I've got one on my hard drive.

That's very modern of you.

Ha!

Don't ask me to open it.

Whole story's in your hands.

Hell, I forgot.
I've got to give her something.

So, when will it happen?

But it will. Just carry on as normal.

Look after me, Mikey.

You'll be fine.

Oh...

What?

That's what I told Eve.

(DIALS)

(LINE RINGS AND CONNECTS)

Serve it.

Take care. Bye. Good to see you.

Kate... I'm going the wrong way.
Excuse me, I have to catch a plane.

I have something for you.

This. It is of your mother.
Er..I mean Eve.

No, she was my mother.

What I meant to say was...

...in a way she was...

She was more.

Oh, I don't know what I meant to say.

Look at it.

Actually, there is also me and Michael.

And that there...

...that is Ed.

See?

When was it taken?

Just before he died.

And where was it taken?

Kigali.

That's wonderful.

No, no, keep it. I brought it for you.

And there is something else.

- Oh?
- But that is for another day.

Whatever happens now...

...remember that.

Why? What's going to happen?

And stay close to Michael.

What's going to happen?

Alice Munezero?

- Yes?
- You're under arrest.

For what?

Suspicion of war crimes
against civilians

committed by you
in the Ngoma region of...

Of Eastern Rwanda
on or around 11th June, 1994.

I know. It was issued
by a French court in 2009.

And I assume that is
a European Arrest Warrant.

For your extradition to France, yes.

Yes.

Now you should read me my rights.

Sounds like you've been expecting us.

For a long time.

(KEYS RATTLE)

(THUNDER RUMBLES)

This you?

Hm. My mother's.

That's yours.

(ENGINE STARTS)

Promethean rock.

Hope no-one tries to peck out your liver.

I've got drugs doing that already.

You got that under control?

Clockwork. First one with
Good Morning Britain,

second with Cash In The Attic.

Busy day.

Only if I pick up a can opener.

Still think she was wrong?

Hm?

Your argument.

Hm. Well, I guess we will
never know now, will we?

Want to find out?

Why?

Unless Star Trek: Voyager is fulfilling
all of your emotional needs.

That's...about to start, actually.

- How?
- So, you think Nyamoya

was a national hero?

It's not so simple.

But you didn't want
your mother to prosecute him.

Thing is, it's not always easy
just to come out with the truth.

It is to me. You just say it.

But where you were born, you have
to pick your moment and your place.

So?

What if your mother

didn't see Nyamoya as a destination,

more a bridge?

- To what?
- I don't know for sure.

But this may be the way to find out.

How?

Alice Munezero's been arrested.

French think she killed
one of their priests in Rwanda

- during the genocide.
- Why?

They allege she found the guy
in his church

with a couple of hundred dead Tutsis.

Before asking any questions,
she shot him.

And that's it?

Certainly was for the priest.

I drink.

Yeah?

At night, all alone.

Sometimes quite a bit.

- Alone?
- That's why I have him.

Wouldn't look good, me on a DUL

No.

Wouldn't want you to think I was a snob,
though.

Just a lonely alcoholic.

Quite a pair.

You shouldn't trust me, you know.

Why?

My mind, it's...

Normal, to feel like that.

Nothing about me is normal.

I pull back from everything.

Everything.

Even Eve. Particularly her.

There's another way to look at that.

- She was your centre.
- Well, now I'm cut loose.

Let me take her place.

(LAUGHS) You want to be my mother?!

I want you to feel like there's
somebody at the centre of your life,

for as long as you need it.

What do you get?

Oh, yes.

A replacement daughter.

That's why I like you, Kate.

You say the things
other people wouldn't dare.

There you go, see? I'm doing it already.

You go ahead.

Maybe you're right.
Maybe it's what we both need.

I know it's what Eve would want...

...and so would she.

- Did you do it?
- No.

And Michael's agreed
to be your lead counsel.

With you investigating.

He says you're the best.

Well, if you're looking to employ
a grief-stricken junkie on suicide watch,

you certainly are in need
of legal representation.

And here you are.

But not for long.

There is no way this charge
could stick under UK law,

and, anyway, you're not a UK citizen.

All you have to do now
is object to the extradition

and you'll be home within a week.
Simple as that.

Only thing that puzzles me
is why he hasn't told you that already.

See? Just like her mother.

JUDGE:
Alice Munezero, I'm obliged in this place

to make you aware formally of the contents
of the Part 1 warrant.

These are, that under Articles 132 and 143
Code of Criminal Procedure,

you are accused that on 11th June, 1994,

as the commanding officer of a unit
within the Rwandan Patriotic Front,

you advanced into Ngoma district,
Eastern Rwanda,

where you did unlawfully
kill a French citizen

by the name of Pascal Patenaude,

a father in the
Order of the Grey Fathers,

outside their church
in the diocese of Kibungo.

And that this action took place

under the category of
war crimes against civilians.

Are you now aware of these contents?

Iam.

And in the presence of your counsel,

would you now indicate whether or not
you are willing to consent

to the extradition proceedings?

Madam...

...I wish to consent

- to the extradition order.
- No, no, no, no, no, no, no.

Did your client understand
the question, Mr Ennis?

She did, ma'am.

She wishes to consent to the order?

She does, ma'am.

Very well.

- What have you done?!
- Taken her case to France.

You knew this was going to happen.

So did she.
She said as much at Mumma's funeral.

I tipped off the NCA
to serve the warrant, yes.

Why?

Because it's been knocking
around for years.

Every time she travels,
she's at risk of arrest.

So finally, she's decided
just to flush it all out.

By getting herself thrown
in a French jail?!

How fucking stupid is that?!

- You think?
- Yes, I... I know.

Good. So now we're going to get her out.

She shouldn't...

...she shouldn't be there
in the first place!

And now we have a chance to prove that.

God, this is so fucked up!

Innocence is assumed, Michael.
You don't have to prove it!

This isn't the destination, Kate.

OK...then what is?

Well, that's what
we're looking to find out.

(SIRENS WAIL)

(PROTESTORS CHANT)

(PROTESTORS CLAMOUR)

I am innocent.

But you were leading
an advance infantry unit

- through that region at that time?
- Yes.

But you or any representative of yours

made absolutely no contact
with Father Patenaude?

I did not, nor did anyone under
my command, or in my knowledge.

Um...except there are two...

...two eyewitnesses
who have sworn that you did,

that you, in fact, er...
murdered Father Patenaude.

They are lying.

Because?

MICHAEL: If I may, one moment.

One of the alleged witnesses,

an occupant of the village, a Hutu...

- And a doctor, monsieur.
- Nonetheless,

his family was subsequently tried
and found guilty of mass killings.

He is now living in France
as an expatriate.

The conduct of one's family
is no cause for self-incrimination.

I'll submit a pattern of influence.

Hm. And, er...on the other witness,
monsieur?

Also living in France.

Who is a Tutsi

and served as a lieutenant in
Mrs Munezero's own infantry unit.

What pattern of influence
might you submit on him?

He was a spy.

For who?

The French.

Why?

Because, sir...

...for many years,

your country was on the side
of the genocide planners.

And when the genocide happened

and my army brought it to an end...

...your country was too ashamed
to admit their guilt.

And have instead
tried to tarnish my innocence.

The one to try and cancel the other.

And that cannot be.

OK.

(CLEARS THROAT)

Um.. this investigation
was not launched by me.

It was launched by a colleague
ten years ago, who has since retired.

A timescale of this length
reflects poorly on us

whilst maintaining a question mark
upon you.

So it is in the interest of all parties

to bring this matter
to a swift conclusion.

Either...I recommend
this dossier for trial,

or I dismiss it.

And for me to do that, you must
show me at least one of two things -

proof of your innocence,
or the guilt of your accusers.

Thank you.

MICHAEL: When did his predecessor die?

KATE: Um...about 18 months ago.
A few months after he retired.

MICHAEL: Did he do that by choice?

- KATE: Die?
- MICHAEL: Retire.

KATE: There was some talk of him running
for public office a few months back.

His heart just couldn't keep up.
Worry you?

MICHAEL: Just wasn't expecting
the new guy to be so helpful.

KATE: Well, don't go complaining,
he's just given her bail.

MICHAEL: Yeah. No. Yeah!

It's good.

C'est bon!

(DISTANT SIREN WAILS)

MICHAEL: So...Florence Patenaude.

KATE: Yep. Er...Father Patenaude's mother.

Made the initial complaint
which launched the investigation.

- Is she still alive?
- Yeah.

- Thank fuck for that!
- Yeah.

INTERPRETER: She made a formal complaint
in 1998.

Four years after the alleged incident.

- Quatre ans apres lincident présumé.
- Mm-hm.

KATE: Why the delay?
INTERPRETER: Pourquoi ce retard?

(TRANSLATED FROM FRENCH)

Pourquoi pas?

Mon fils est entré dans les ordres.
Je lai perdu bien avant sa mort.

No. No, sorry, I didn't get that.

Her son had joined the Grey Fathers,

so he was lost to her

- long before his death.
-Hm.

- The Grey Fathers is a holy order.
- I know.

What made you change your mind?

INTERPRETER: Qu'est-ce qui la fait
changer d'avis?

Monsieur Barré.

Who?

(TRANSLATED FROM FRENCH)

Mon parrain.

Her sponsor.

(CLOCK TICKS)

(TICKING INTENSIFIES)

(RADIO CRACKLES)

Mademoiselle...

...you've strayed.

- No, I-I was just...
- Looking at the past.

(CLOCK TICKS)

(EXHALES)

Thank you.

JACQUES: My lawyer will be sitting
in with us. You understand.

KATE: Of course.

All this...from rubber.

JACQUES: Three generations now.

KATE: Hm.

JACQUES: But I understand my inheritance.

The benefits are obvious.

The burdens, less so.

Unless you were Congolese in the 1900s.

Are you Congolese?

English.

But where are you from originally?

Originally? Er...from loving parents.

Why did you approach
Florence Patenaude?

Because I wanted, um...

I wantto see justice done,

and I didn't think she knew
she could have it for her son.

Hm. And why, particularly,

did you want her to have it?

The Tutsi genocide is a taboo subject,
Mademoiselle,

but its undeniable horror...

disguises a more complex truth.

Which is...?

What do you know about Rwanda?

Oh. Er...what... What do you?

Huh! A lot.

I was advisor to the Elysée Palace
from 1987-'94.

The lead-up to the genocide.

And what did you advise
your president to do?

Everything in his power to avoid it.

Which was...?

For him to support
the democratically elected majority.

The Hutus.

Who were the majority.

You have to remember, Mademoiselle,

the Tutsis were always
a minority in Rwanda.

14%, no more.

Their monarchy ruled
for hundreds of years,

and during the colonial era,

the Belgians maintained them
as proxy rulers.

But in '62, after the independence
and the elections,

it was the Hutus who won the power.

And so they should.

85% of the population, plain and simple.

The only reason why
so many Tutsis left the country

is because they lost the power.

Well, they were also being threatened
with mass extermination.

Only because they wanted to take back
what was not rightfully theirs.

When I became advisor,
the real danger was civil war.

So, between '87 and '94,

you advised your president
to support the Hutu government?

The democratically elected majority,
as I've said.

- And the president took your advice?
- Yes.

But it wasn't as if the Catholic Church

hadn't been saying the same thing
for years.

We, all of us,

- were simply assisting...
- Assisting a government

that turned into a genocidal regime.

Only because the Tutsis
massed an army on the borders

before launching an occupation
of the country!

They created the fear,
the fear created the genocide!

Once these Banyarwandas
did indeed invade, it was too late!

I'm a Tutsi.

And my family were all killed.

Then I'm very sorry.

But you must remember,

the blame for their death

lies as much with the Tutsi
who invaded the country

as with the Hutu
who held the machete.

Do you realise how offensive
that remark is?

I realise the truth
is far more complex

than you may wish to hear.

It was all I could do
not to hit him myself.

MICHAEL: It's ugly, but he believes it.

And prosecuting Alice,
the representative of the Tutsi army,

for the murder of a French priest,
a representative of his government,

is his way of proving it.

Do you want me to come back?

No, no, no. Stay here.

(ZIP FASTENS)

(DOOR OPENS)

(TOILET FLUSHES)

So...

his two witnesses

have failed to respond to
our request for an interview.

No surprise.

And, like here, under French law,

there's no compulsion for them to do so.

So I want you to go over
and have a chat with them, off book.

OK.

And remember, the limits of harassment

are the same as here,
so stay within them.

Ooh. Not sure subtlety's
my strongest suit.

And yet you managed to hide

your affair with Godwin
from almost everyone.

Did...Eve know?

Just you?

Guessing the wife did, too.

Or is there another reason
you didn't attend the funeral?

Did you love him?

He'd, er...

He'd just blown me out, so...

Ah, Kate.

Are you feeling sorry for me?

No. Just the...

...weight of it.

Mm. I'm used to that -

losing things I love.
Been doing it all my life.

So, er...

...don't expect me to behave
the way others do.

I don't.

Good.

Someone is not telling us the truth.

I'll speak to the witnesses.

(CHILDREN SHOUT)

(FOOTSTEPS APPROACH)

Dr Musoni.

Avez-vous vos papiers?

Excuse me?

Where are you from?

Oh! I am not a refugee.

At least, not yet.

I'm from Alice Munezero's legal team.

- Oh.
- Yeah.

And you're a key witness
for the prosecution,

but you haven't yet responded
to our request for an interview.

I don't have to.

No. No, you don't,

but if you are found to have
given false testimony,

well, it's called perjury.

I'm sure you've heard of it.

And you'll be deported back to Rwanda.

That won't happen.

Why?

Because I'm telling the truth.

- (SNAPS GLOVES)
- Oh. Yes, fine, fine.

But the legality of truth,
how it's defined, well, if I were you,

I'd check on that.

It's very good, what you're doing here.

- I have been one of them.
-Hm.

Although I did stop by at your home
before coming here.

It's a pretty impressive place.

You've really made a life
for yourself here.

Hm.

Careful not to lose it.

(FOOTSTEPS RECEDE)

(SNAPS GLOVES)

(CHILDREN SHOUT)

DR MUSONI: Ah, oui...

KATE: I'm so sorry.

This is...embarrassing.

Um...my car, it won't start.

And I need to call my office.

I don't have a phone.

Not very professional, hm?

I know. I'm...I'm new.

Could I borrow yours?

- What?!
- I know we're on opposite sides,

but we're both still human beings, right?

Otherwise, I'll be tagging around with you
all day.

I can give you...

...five.. five euros.

(PHONE RINGS)

- Ennis.
- Hey, it's me.

He called someone the moment I left.

I've texted you a number.

- (TEXT ALERT)
- Yep, got it!

OK, I'll see if I can get you a name.

(BEEP)

INTERCOM: 1 have a Michael Ennis
on the phone.

Put him through.

(PHONE RINGS)

Yep?

- MICHAEL: Are you hands-free?
- Yep.

- You're not hands-free.
- No.

His name is Tat Picot.

He's DGSE.

He's French secret service.

Lieutenant Makuze?

- Who wants to know?
- My name's Kate Ashby,

I work for Alice Munezero's legal team.

You're down as
a key prosecution witness.

I've just been speaking with Tat Picot.

I thought it was really
interesting, what he had to say,

and I just wondered
what you thought about it all,

and how you feel about the risks.

- If you spoke with Tat Picot...
- So you do know him.

And now he will know you.

Won't that be cosy?

(WHIRRING)

(GASPS)

(WHIRRING)

(BUBBLING)

(PANICKED GRUNTS)

(GASPS FOR AIR)

(WHIRRING)

(MUFFLED YELLS)

(BUBBLING)

(WHIRRING)

(GASPS FOR BREATH)

(EXHALES)

(METAL CLANGS)

What the fuck am I doing?

(POUNDING HEARTBEAT)

(STATIC CRACKLES)

(STATIC CRACKLES)

(KATE WHIMPERS)

(STATIC CRACKLES)