Judge John Deed (2001–…): Season 1, Episode 2 - Duty of Care - full transcript

Jo Mills is prosecuting a case of a construction site manager and foreman who are charged with not taking proper precautions when a young 19 year old is killed in an accident on his first day on the job. The accused worked for Mike Briggs, a tyrannical managing director who had no time for health and safety issues and constantly pushed to get more work done. Deed agrees to take on the case and sets out to find a way to make sure the person truly responsible finds himself in the dock. He is up against government forces who think otherwise and who set out to discredit him.

All right, Barry? Still
working on it, mate?

Mum, I got it.

350 quid a week. I start tomorrow.

Tony, are you sure you
shouldn't try to go to college?

No, it's a waste of time.

I mean, Matt and Luce need things for
school. We need a new washing machine.

Yeah, I'd sooner you'd get
a proper education, love.

Yeah, well, I can apply next year.

I haven't even got a flask for your break.
I'll have to try and borrow one from next door.

I can buy one, Mum.

Well, you'd better get a week's work under
your belt before you do all this spending.



Not that we don't appreciate it, love.

All I get from you people
is excuses and more excuses!

The weather, holdups with the plant,

can't get the materials,
can't get the labour.

You make me die!

I am not interested in your
pathetic excuses, sunshine.

Or yours either, or the
architect's or anyone else's.

I do not pay you good money for delays.

You want some? I'll give you
delays when it comes to your wages.

You any idea how much they're costing me

while you're driving around in your fat
Mercedes sticking your fat kids through school?

Well, what are you? A statue?

- I was told to report for work.
- Then get working!

I'll go broke waiting for you people.



Nothing has moved round here
for weeks apart from your bowels.

All right? Tony, is it?
Right, you need to find Misha.

He's around somewhere.
By the digger there, yeah.

Okay, he's a Bosnian lad,
but he'll tell you what to do.

Tell that architect I wanna talk to him!

Get the big piece metal.
Look all around. Big piece.

Look, this to the dumper. Yeah?

- Small, this, this, not. This crap.
- Okay.

- Be quick or you lose job.
- Right.

And I lose job.

- Okay? Be quick.
- Yep. Cheers.

Matthew, give it!

Stop it, will you? Calm down.

- Can I talk to your mum?
- Mum.

- Mrs Cootes?
- Yeah.

Can I come in, love?
It's about your son Tony.

What? What?

- What?
- I am so sorry.

Is he around, Mrs
Cooper? I'd like a word.

He's very busy, Mrs Mills. I'll see.

- Mrs Mills would like a word, Judge.
- Yeah, sure.

- That looks excruciatingly uncomfortable.
- It is.

- Drink?
- No, thanks.

I've got a problem with
a case I'm prosecuting.

Oh, don't tell me more
innocent villains stitched up.

- Where did you learn this bias, Jo?
- I wonder.

We're running manslaughter against the
foreman and manager of a building site

where a 19-year-old
was crushed to death.

- Who are you in front of? - A
purple. Judge Joan Randall-Morgan.

Oh, she's not pretty but
she's pretty no-nonsense.

- Are they pleading guilty?
- I'm not sure they should be there,

in spite of the inquest
verdict of unlawful killing.

The CPS came close to running corporate
manslaughter with Mike Briggs in the frame.

Yeah.

Charges were laid and his lawyers prepared
a defence and then days before committal,

the charges were withdrawn
and Briggs squirms away,

leaving the two employees in the frame.

Presumably with no
corporate responsibility.

What's the CPS saying?

Well, they're now saying there's
no line of culpability to Briggs.

I think they were leaned on.

Hmm...

I know he's well-connected but even so.

Putting lowly hirelings in the
dock is not gonna make companies

take their health and
safety obligations seriously.

The CBI would argue they already do.

It's never the company
directors that get hurt.

What's your problem
with Joan Randall-Morgan?

I don't know.

She's not likely to go to the wire on this. Her
husband works for the Institute of Directors.

Then ask for another judge.

We've got very clear guidelines on what
sort of connections require us to step down.

Oh, no, you're not thinking
of asking me to take it?

You might be concerned enough to
see the right people in the dock.

No, not unless the CPS is up for it.

They'd have to reinstate the
corporate manslaughter charge.

Jo, if the evidence isn't there...

That wasn't my opinion.

Because of Briggs's connections,
everybody's view was canvassed.

The HSE, the Home Office, the
LCD, the Cabinet Office. Oh, yeah.

When is it set down for?

But the two defendants are employees.

Well, the prosecutor
thinks the wrong two are up.

I'd like to see if I can reinstate
the corporate manslaughter charge,

put the managing director in the frame.

It's very tantalising, John.

But I don't see the government letting
you get that sort of scalp on your belt.

I thought we were supposed to
be independent of the Executive.

So did I.

I'll tell the resider.

Can I help, my lord?

I'm looking for the Queen
and Zajas and Forsyth,

The papers have gone to
Judge Randall-Morgan, my lord.

There's been a change.
It seems I'm hearing it.

Is there a copy of the papers?

Yes. Thank you.

LCD, Laurence James.

This is Norman Children, the
List Manager at Highfield,

I was told to call this
number about Mr Justice Deed.

Is he misbehaving again, Mr Children?

Might be something for Sir Ian.

He's just snatched a case
another judge was set to hear.

Do we know why?

Would you like to continue
the opening, Mrs Mills?

My lord.

According to the Health and Safety
Inspectors' report, marked 1 C in your bundle,

everything that could possibly be
wrong on this building site was wrong.

An absence of adequate training,

lack of safety overrides on machinery.

Some of the plant on site was found
to have 17 potentially lethal defects.

Wrong equipment was used for lifting,

inexperienced personnel were
allowed to drive machinery,

a lack of supervision.

It was such a practice that led
to the fatal injury to Tony Cootes.

And the reason this was
done was to cut costs.

Everything about the company that owns
the site was geared to maximum profit

regardless of Health and Safety.

We calculated that the owner of the
site has saved £6,000 in three months

by ignoring Health and Safety.

Some of you may have sons or grandsons
of a similar age to Tony Cootes

and be shocked that so little value
could be put on this young life.

With Your Lordship's leave,
may I call my first witness,

the Health and Safety
Inspector, Gwyn Headley?

Before you do, Mrs Mills, can you tell us what
the lines of responsibility are on this site?

Is it owned and run by Briggs?

It's owned by Briggs, my lord,

but it's run by the
contractor, Jack McNaulty PLC.

Do directors of either company
oversee the running of this site?

Well, it's mostly done by the site
manager and the clerk of the works.

However, Mr Briggs is a
hands-on managing director

and frequently visits the
site to hurry things up.

Are you calling him as a witness?

We have served him with papers,
my lord. He hasn't responded.

Well, make sure that he does.

I don't want Mr Briggs to
shirk his responsibilities.

It's plain what he's up to, Mr James.

He's out to nail Mike Briggs.

We're sure the department would like someone
big brought to book for corporate manslaughter.

Speaking as a lawyer and
a politician, Mr Children,

we see a discrepancy
within the government.

They want to be nice
and cuddly to the plebs

but don't want to obstruct the wealth
creators by pushing up industry's costs

and slowing growth.

Mr Justice Deed might come
unstuck if he picks on Briggs.

Keep me posted. I'll have a word
up the road about developments.

Inappropriate equipment was being used.

The excavator on site should not
have been used for demolition.

Had the company been warned about this?

Yeah, we'd written
to them several times.

We even threatened to close the site.

If they had failed to rectify
these wrong practices, Mr Headley,

why wasn't the site closed down?

Pressure of work, my lord.

We often can't follow up as we should.

I see, then, perhaps there was fault on
both sides. Yours the sin of omission?

Do you know why the
contractors didn't respond?

They were behind schedule and under
a lot of pressure from Mr Briggs.

Once when I was on site, he
personally threatened to sack people.

I believe he'd been there
the morning Tony Cootes died.

Thank you.

This is everything I could find
relating to HSE's responsibilities.

Thanks, Coop.

I'm not gonna let the company
escape its responsibility

because the HSE is overstretched.

There's a woman front
right on the public benches.

Her face is haunting me.

That's Mrs Cootes,
the dead boy's mother.

She shouldn't be in
before giving evidence.

For compassionate reasons, defence
waived any objection to her being in.

Find out if there's anything
she wants, will you, Coop?

Some sort of justice would be a start.

Mrs Cootes, some of the events I'm going
to take you through might be painful.

If you want me to stop, please say.

Can you tell the court why your 19-year-old
son was going off to work on a building site

rather than, say, university?

He couldn't afford to go to university.

I'd been made redundant.

The building society that I
worked for had been taken over.

His father left us years ago
and didn't pay any maintenance.

Tony wanted to be the man of the house.

He was.

Cost him his life.

He had no life.

I'm sorry. Did I answer the question?

Mrs Cootes, you've
nothing to be sorry for.

Emotions often overwhelm
us in these circumstances.

Just take your time.

How did Tony get the job on the site?

From the Jobcentre.

Experience wasn't necessary
as long as you were fit.

Tony was very fit. He did lots of sport.

Had he done this kind of work before?

He had worked on local farms and
he wasn't scared of hard work.

He'd had no injuries on these farms?

No. He was good with machines.

Did he say whether he
expected any onsite training?

My lord, might I examine the witness?

Yes, of course.

Was Tony getting any training?

No. I asked other employees.
There was no training at all.

Did you find out why that was?

The company seemed to think it was
a waste of time for casual labour.

I must object to this
line. It really is hearsay.

Yes, I tend to agree, Mr Peters,
but I am going to allow it.

Other witnesses can speak
to evidence of the system.

I will remain alert to make sure it
doesn't stray beyond what is permissible.

You can go on, Mrs Cootes.

There have been 37 accidents on
sites run by McNaulty, the contractor.

Three of them fatal.

A man lost his fingers trapped
under steel work on the same site.

Was this worker more
experienced than your son?

He was a general labourer who
had been working for one week.

He had no insurance card or P45.

And did the Health and Safety Executive
make any response to that case?

They claim there was no breach.

Do you know if there was?

- My lord.
- Yes, all right, Mr Peters.

I'm letting my desire to get at the
facts outrun the present law on hearsay.

I never compiled chapter and verse
on any other incidences but can I...

What I did discover was a
relationship of mutual dependence

between the inspector
and those he inspects.

The system doesn't work.

And the courts do almost nothing.

And the families of working
people are left to cope alone.

If we find that that is so, Mrs Cootes,

I will do my best to
remedy that situation.

Mrs Cootes is right about
the Health and Safety, Judge.

My husband's always going on about how the
inspectors are in the employers' pockets.

Human nature, I'm afraid.

Mr Justice Nivan asked if
you could meet for lunch.

- Did he say if it was social?
- I took it it wasn't, Judge.

Charlie phoned. She
wants to come for lunch.

Twice in one week? She
must be short of money.

Say yes to Michael Nivan.

- I'm having the shepherd's pie.
- Bad for your heart, Michael.

It's not real mince,
Sir John. It's soya.

In that case, I'll have it as well.

I've had a call from Sir Ian Rochester.

I'll bet that did
neither of us any good.

He wants to know if you're
going after Mike Briggs.

What did you tell him?

That I thought that you
were trying two employees.

Is this personal
between you and this Ian?

Should it be?

One can't help but hear the rumours
about you and Lady Rochester.

I think she's given me the elbow.

Francesca's phone.

Hello? Who is this?

There is no case to answer here.

The Crown, and specifically the
HSE, has failed to make a case.

Failed in a lot of ways, Mr Peters.

They've made a case here.
It's a matter for the jury.

Can we have them back?

- I take it you will be calling your client?
- Yes, my lord.

It not my fault the boy die.

I lose my job I don't
get contract back on time.

My wife and children in Bosnia suffer.

I tell the boy, "Keep away
from the building. " I tell.

They tell me, "Misha, hurry
up. " Hurry up all the time.

Thank you, Mr Zajas.

Did someone tell you not to
waste time on Health and Safety?

I no remember.

Well, as foreman of the site,
wasn't it your responsibility?

No. Big man tell. He
tell, "Quick, hurry. "

You mean the site
manager, Craig Forsyth?

Not he. He not tell.

Well, is this big man in court?

He not in court. He own everybody.

Is this big man Mr Briggs?

Mr Zajas,

was Mr Briggs, the employer of the
main contractor, on site giving orders?

Many time.

Did he tell you to ignore safety?

Yes. He said, "Don't
waste time. Job behind. "

- He your new boyfriend?
- It's a she.

What's wrong with her. Is she ill?

- She's scared.
- Yeah, I can see that.

Where did you get her?

I'll just get rid of this.

- She's scared out of her wits.
- She's been really badly treated.

I'm not surprised, peeing
on people's carpets.

She needs to be in the country
with people who treat her right.

You didn't tell me where you got her.

A friend. I'm trying to re-home her.

You know I can't keep her at college.

No. No, I don't need a dog, Charlie.
Especially one that's not housetrained.

But your servants could look after
her. Just until I find her a new home.

No. The way they treat us at the
digs, she'd be better off at Battersea.

- Absolutely not, Charlie.
- You're scaring her.

I don't care. You're not putting
her here. Find somebody else.

Fine. I will. Fine.

Can I get you anything, Judge?

Yeah, you can find a cleaner to clean this
carpet. The place smells like a urinal.

She couldn't help it, Judge.

Don't give me an
argument! Just do as I ask!

You just get out!

Thanks a lot.

You're not going to achieve
what it is you're after, Jo.

Would the Crown accept a guilty plea to
something less with those two in the dock?

What is it you're suggesting?

Got anybody sympathetic at the CPS?

Perhaps someone who's sick of being told by
their line manager to compromise on justice?

Just about everyone there.

This person would need
to do the paperwork

to reinstate the corporate manslaughter
charge with the managing director attached.

If the evidence is
there, persuade the CPS.

It's the only way you're going
to get justice for Mrs Cootes.

And if you just go
for the company alone,

the law, as it stands, makes it
impossible to secure a conviction.

The directors will
just blame each other.

If the site manager can show
a direct line of culpability

straight back to Briggs,

then that might send a signal to
companies to look after their employees.

Would you like to have dinner?

You have one new message,

Charlie, don't do this to me,

I'm sorry,

I'm sure we'll find some
sucker to look after her,

Charlie, where are you?

Just been put off the bus.
The dog was sick on the floor.

Will she vomit in the
car if I come and get you?

It wasn't her fault. She's
never been on a bus before.

Where are you?

Chas, this doesn't
mean I'm having the dog.

You still haven't told
me where you got her.

Okay, she was rescued.
From a research lab.

- We agreed you wouldn't do anything risky.
- I didn't do it.

That's a start.

It was probably part of
some vital medical research.

There's no such thing.

There's perfectly viable alternatives.

Look, all I'm doing is re-homing a dog.

She's been living on concrete. She
doesn't even know what grass is.

Thank God for that.

I wouldn't want to get mixed
up with a dope-smoking beagle.

You do realise you're in
receipt of stolen property?

If I take her back, they'll
kill her. That's what they do.

Maybe we can buy her.

What are you gonna do? Announce
that we've got one of their dogs?

Forget it. I'll try Mum.

Oh, Charlie, she'll shop
you faster than a supergrass.

She likes dogs.

Oh, yeah, great, fine. Maybe
she'll talk some sense into you.

Hello, George Channing.

Oh, hello, Charlie. How are you?

Keeping out of trouble, I hope?

Yes. It's dead boring, Mum.

That's what it's mostly
like being grown-up.

I'm trying to avoid it.

Look, I've got a favour to ask.

A what?

Thanks a lot.

Did you get a result?

Well?

She would take her
if it was the weekend.

Can't we just leave it here?

Why don't you?

You'd better pray nobody comes knocking
on my door asking me where I got you.

Come here. Come on.

Don't even think about peeing.
This is carpet, not concrete.

Why don't you help yourself?

- She's been quick to settle down, Judge.
- She's not staying.

Meanwhile,

do you think you could
perhaps find her some food?

Maybe a name tag?

What's she called?

I don't know. Never had a
name. She's got a number.

Well, I don't know.

Call her Rosie.

Fancy a sandwich?

You're a right little eating machine.

Let's see if we can
sneak you into the digs.

The lodging's book of etiquette
does refer to dogs, my lord.

I'm afraid the senior high court
judge's dog takes precedence.

Michael Nivan doesn't even have a dog.

My daughter dumped her on me.
She hasn't found a sitter yet.

Is she housetrained, my lord?

I hope so. She's 21.

See if you could find us some
supper, would you please? Come on.

Mr Forsyth, how often did Mr Briggs visit
you on site to give you direct orders?

Not often. But when
he did, he really did.

You had overall charge of the site?

Yes.

But he...

he really let you know
that he was the boss.

On the morning Tony Cootes was killed,
what sort of a mood was Mr Briggs in?

He was furious.

Ranting on at everyone for
wasting time and costing him money.

He said...

"I didn't get to be one of the
richest men in England by being idle. "

Is that why you neglected to
train people coming onto the site?

Well, we had a training programme.

Safety checks.

It was Mr Briggs...

said it wasted too much time.

You were in charge of the site.

You were responsible
for such implementation.

Yes...

Why didn't you carry out checks and
training after Mr Briggs had left?

Well, I, um...

I didn't want the job
to fall behind, my lord.

Are you saying Mr Briggs
ordered you to neglect safety?

Well...

He said that, you know,
if things didn't pick up

we'd all be on the dole.

Why didn't you point
out that such practices

were in contravention
of Health and Safety?

Well...

you didn't point that out to Mr Briggs.

Loss of job might have been preferable
to a loss of life, Mr Forsyth.

Thank you, Mr Forsyth.

I'd like to see counsel in chambers.

This is a procedural matter,
it should take a little time,

so I suggest you slope off
and get a cup of coffee.

15 minutes, Mr Harrison.

All rise!

Coop, see if you can organise
some tea for us, would you, please?

Unless anybody prefers a
Coke or something, yeah?

Ah, no thanks.

Is she all right?

Oh! Do you want a dog?

I'm trying to re-home her.

I'd love her. Wouldn't I, precious?

But unlike you, I can't
take her into court.

It's clear that Mike Briggs played a
significant part in this lad's death.

I'm going to suggest

changing the charges and the
plea for those two in the dock.

What was Mike Briggs
charged with originally?

He was charged in his own
name with manslaughter,

and his company, Mandle PLC, was
charged with corporate manslaughter.

Yes. If those charges
were to be reinstated

I think it would more accurately reflect
the injustice done to the boy and his family.

Would the CPS reinstate those charges?

Well, I have spoken to them at
length. They would be up for it.

In that case,

would your clients be prepared to plead
to the lesser Section 33 in the case?

Would there be an indication
of sentence were they to do so?

Well, if you were to take this dog off my
hands, Mike, I'm sure I could prove very lenient.

I thought this had
all gone away, George.

- So did I.
- Have they got any idea of who I am?

What I own?

I give people work.

I pay good wages.

They're calling me a murderer.

I understand your anger, Mike. We'll
argue it was an abuse of process.

I have heard...

that I'm getting a knighthood this year.

Well, this will put an end to that.

Did you get your letter from the Palace?

No.

Someone in government told
me I'm in the next wave.

I can hardly see Her Majesty conferring
a gong on me for services to industry

with this hanging over my head.

It's outrageous.

Mike, as I told you
before when this came up,

I'm not your best choice of
barrister for something like this.

- That's what I've been telling him, George.
- Why don't you just shut it, Clive!

I know what I want. I pay
for the best, I get the best.

These are common law criminal charges.

That's not my speciality,
Mike. I could recommend someone.

I am not a criminal, George.

I do not need a criminal lawyer.

What I do need is someone who can put
herself about a bit and make this go away.

Failing that, I need
someone in court I can trust.

And that, George, is you.

Well, I'm flattered, Mike.

If we can't make this go away

the worst case scenario is
your company getting a fine.

- First, we'll see about getting a delay.
- Delay!

I don't want it delayed.

I want it out of the way.

I'm sure your gong is safe.

My regional boss is not very happy about
Briggs being put back on the indictment.

- Has he looked at the evidence?
- Oh, it doesn't make any difference, Jo.

He's getting pressure
from Court Services.

CPS isn't gonna back out, is it, Helen?

You persuaded me it was right.

The judge thinks it's right.

We cannot let Mike Briggs bully his way out of
this just because he is rich and well-connected.

I'm just warning, it might mean trouble.

People at the CPS are
giving me a hard time.

You knew it wasn't gonna be easy.

Case is sound.

This is politics.

What is it you want me to do, Jo?

Look at my argument.
Strengthen my hand with the CPS.

No. It could put me out
of the game completely.

I shouldn't even be
talking to you like this.

Oh! Oh, I thought lunch was
about getting me into bed.

Well, it's about time.

You've been the romantic love of
my life since you were my pupil.

Hasn't Lady Rochester taken that place?

These things don't last, Jo.

You think me foolish for pursuing her?

She's an attractive
woman. She's also married.

Not happily.

Doesn't need you to
decide things for them.

Get the boy's mother to leak something to the
press about Briggs's political connections.

That'll persuade the CPS to stay in.

Oh, John.

Pop her round the green,
would you please, Stephen?

You may have to run for cover
on this corporate manslaughter.

I've had a call from the LCD,
they wanna know what's going on.

What are they gonna
do? Stop my expenses?

They think Briggs is not
an appropriate target.

Fine, Michael. I'm all for abandoning
principle for political favour.

Yes, well, it does sound pretty
sordid when you strip out the niceties.

Ian Rochester suggested a
meeting to help clear things up.

Things are crystal clear, Michael.

The government plans to bring forward new
legislation in the area of corporate manslaughter.

The legislative advantage of going for Briggs
isn't certain, against what might be lost.

- Any more?
- No, thank you.

Mrs Mills thought the case was sound.

There is neither vicarious nor direct
liability on the part of Mr Briggs.

It's doubtful if the evidence
would be sufficient to convict.

Have you examined the evidence?

I've examined all the CPS has.

Are you an expert in the field?

We try to keep abreast, Sir John.

Yes, so do we, Mr James.

What we don't want to do
here, as a result of failing,

is make the CPS more nervous
about going after others.

In your opinion,

is there a direct line of
responsibility between Briggs,

the ethos that he created within
his company and the boy's death?

- Absolutely.
- There.

The CPS sought my opinion on
this and got it in writing.

If you fail,

or get overturned on appeal,
the damage will be immense.

For whom? Political cronies?

If the evidence is as strong as Mrs Mills says
it is, we might get the right person into jail.

If we believed that were
possible, we'd support you 200%.

Don't patronise me. Your boss leaned on
you to protect Briggs's political donations.

Is there evidence of that, Sir John?

If there was, it would
be the stuff of headlines.

With the utmost respect, Sir John,

this mustn't be seen to be in
any way personal against Briggs.

I don't distinguish
wrongdoing under the law.

If a young striking miner can be held
responsible for his lawless actions,

why not a frustrated tycoon for his?

The point is...

how direct is that responsibility?

Isn't the place to test
that in court, Sir Ian?

No.

The DPP should decline to proceed.

If he does,

I will fight you in public.

I can't let you do this, John.
The fallout would be too great.

How are you gonna stop me?

It would be useful to know
the dog is stolen, Stephen.

What makes you think it might be?

I'm a policeman.

Her appearance coincided
with the theft from the lab.

No name.

Not housebroken.

A scar on her ear where an identification
tattoo was almost certainly removed.

Then I think we have to find some way to
stop the judge being embarrassed by this.

Hm?

Judge... Oi, you!

...please don't let
him have died in vain.

No, no. Stephen, Stephen.
It's all right, Stephen. Relax.

- Mrs Cootes.
- Yeah.

My Tony loved dogs.

You feel that prosecuting the
managing director will help?

Not if he gets a small fine.

It's like a parking
ticket to a rich motorist.

There's never been any will on the
part of government to punish them.

I can't promise to get
those responsible into jail.

What I'm up against is
the inadequacy of the law

and the reluctance on the part of
the government to make it more robust.

Well, isn't that all the more
reason for a judge to act?

Yes, but there has
to be strong evidence.

Otherwise, they'll be
stopped, or overturned.

The precedents that have stopped
other judges in previous attempts

would also block me.

What sort of evidence?

Smoking gun in the hands of Mike Briggs.

Is this the smoking gun?

- Where did you get this?
- It was sent to me through the post.

Has the prosecution seen it?

The case has been put back.

- Briggs failed to surrender to custody.
- I heard a rumour.

The CPS will be relieved.

They're desperate for you to finish your term
here, so they can put him in front of another judge.

They'll be unlucky.

I've reserved the case to myself,
no matter how long I have to wait.

Briggs doesn't accept
he can be prosecuted.

Well, have I got news for him.

Possibly he forgot the memo he sent

ordering his staff to ignore
Health and Safety directives.

- Are you serious?
- Mrs Cootes doorstepped me.

It is a smoking gun

if you can introduce it.

If we can get him back into court.

I believe he's gone abroad.

Fine, I'll issue a bench warrant
for his arrest the moment he returns.

Joe, how are you?

My God, it's hotter here
than it was in Spain.

Michael Briggs, I have a
warrant for your arrest.

What is this? A wind-up?

- It's no joke, sir. You are under arrest.
- Where's the hidden camera?

- If you'd like to come with us, sir.
- Are you serious?

Very serious. Thank you, sir.

James, get this sorted.

Did you hear me?

My client was arrested
as his plane landed.

- Was he given bail?
- Not without a great deal of fuss.

He had to surrender his passport.

The charge is a serious one.

He has a habit of disappearing abroad.

- You can't do this, John.
- I've done it.

You're defence council. Not my ex-wife.

You've got a complaint,
raise it in court.

You really do have a grudge
against successful businessmen.

I suspect it's to do with your
own impoverished background.

Doubtless you can cite
that in any appeal.

You think my client's
going to lose, do you?

I can cite that as judicial prejudice.

George, I have seen the evidence.

- I'd get Briggs under starter's orders if I were you.
- Oh!

The Stop Mr Justice Deed campaign
is doomed before it begins.

The fact is you cannot stop a high court
judge when he's behaving perfectly correctly.

Not unless you wish to
bring the law into disrepute.

- That's what he's doing, Daddy.
- Oh, no. He's using the law

for the purpose it was constructed,
to bring justice to the common man.

Are you telling me my client has to
suffer the indignity of this trial?

I'm afraid he does.

And to add to his indignity, it
will be under Deed's jurisdiction.

Unless you can show good cause.

His blatant bias?

Deed is bound to overstep the mark.

He'll almost certainly
be overturned on appeal.

But for now, your
client has to face trial.

Who's been instructed?

He's foolishly insisting
that I represent him.

Good.

You're not a criminal QC, George,
but you're an excellent advocate.

You should get out there more often.

See what you're missing.

All rise!

Miss Channing, I realise
one of the defendants,

Mr Briggs's company, Mandle PLC, is a
difficult abstraction to bring into a courtroom,

but is the other defendant,
Mr Briggs, not in court?

Yes, he is. He's here, my lord.

Yes. I see him there. I
don't see him in the dock.

I'm sure it seems
unfair to you, Mr Briggs,

that we have to ask you to suffer the
inevitable prejudice of being in the dock,

but this is not a civil action.

No doubt your legal team is
unfamiliar with criminal procedure.

You must surrender to the Dock Officer.

Do I have to do this?

You'd better do as you're told, Mike.

Some of them are such pedantic twits.

Would you speak up
please, Miss Channing?

I said if you insist, my lord.

Oh, I do.

I can be pedantic to
the point of twittery.

My lord, before we
move to empanel a jury,

I'd like to submit there is no case
to answer on the manslaughter charge.

The CPS seems confused over the
precise nature of the manslaughter test.

They appear to have applied an
objective test to his safety policies,

whereas the proper test was subjective.

A prima facie case exists at this stage
on any test, objective or subjective.

As I understand it, Mr
Briggs had no safety policy.

Mr Briggs wasn't responsible
for safety policy,

not at the site or anywhere
else in his company.

If my learned friend would let
the prosecution open its case

before making her submission
of no case to answer,

she would hear evidence
of Mr Briggs's culpability.

Yes, I think that would be, by far,
the most sensible thing, Miss Channing.

I look forward to your submission
later. Let's have the jury panel.

They're very young.

Come on, Rosie. Come on.

The facts of this case
are straightforward.

On the 1 Oth of March,

Tony Cootes, a 19-year-old, arrived to work
at a building site controlled by the defendant.

I object to the inaccuracy of
the prosecution's opening remark.

The site was not
controlled by my client.

Well, we'll hear that
in evidence, I'm sure.

The building site was owned and controlled
by the defendant through his patronage...

My lord, I object to the constant use
of "defendant" by prosecuting counsel.

She is trying to impugn his reputation by
association with the legion of criminals

who have stood there.

You see, this is a point which concerned
me greatly when I was a barrister.

When I started, the defendant
was called "prisoner at the bar".

I'm sure the prosecution will
use the prisoner's name instead.

Mr Briggs owned the site.

Mr Briggs employed the main contractors.

Mr Briggs, through his company, Mandle
PLC, has a controlling stake in McNaulty's,

the contractors.

Mr Briggs was on site, bellowing orders,

the morning Tony Cootes arrived to
start work without any prior training.

The absence of training, the same
as the neglect of safety provisions,

was as a direct result
of Mr Briggs's orders.

Nice dog.

Who was he? Did he have any ID?

I didn't think to ask. I'm sure it was
a policeman, the way he asked questions.

And he wanted to know
how long I'd had her?

He was most particular about that.

Are you any nearer
to finding her a home?

The police have been
asking questions about her.

They wouldn't dare move against
someone as powerful as you.

I have to obey the law
like everybody else.

- How is it the law doesn't protect Rosie?
- It's meant to.

Just like it's meant
to protect Tony Cootes.

Laws are in place to protect both of them,
it's just there's nobody to enforce them.

- What are you gonna do?
- Arm myself with the law.

Make myself as powerful as
you and Mrs Cootes think I am.

You'll be told by defence counsel how
many thousands of jobs are now at stake.

But the question you'll be asked to decide
is how many jobs are worth a human life?

What the prosecution
will clearly show you

is the direct line of responsibility
Mr Briggs took for safety

when he instructed his
contractors not to waste time.

Miss Channing, Laurence James.

Yes, I've read some of your
articles in The Times legal section.

Its reach is wide.

If I can be of any assistance, I have
people at the LCD working on this case.

We're looking for a way
to take it out of court.

- Are you intending to share this?
- I think that would be highly improper.

- Of course it would, Mr James.
- I'm sure we'll run into each other again soon.

Was Sir John always a dog lover?

- Not in my time.
- George! George!

They've taken Mike down to the
cells. He hasn't had his bail renewed.

You forgot to ask for it to be
continued at the first adjournment.

Of course, our dear judge
didn't remind us. How annoying.

Coop.

- Why hasn't my client been released on bail?
- I received no application for bail to continue.

- Are you trying to make a fool of me?
- I'm simply obeying the rules.

I want him out on bail!

Well, I won't object, George, but application
for bail has to be before me in court.

- Court has adjourned. - You can
be so maddeningly small-minded.

- Do you want me to beg?
- Let's hope they haven't carted him off to jail.

- Would you like a glass, Laurence?
- I won't, thank you, sir. We're in training.

Pity. I hate drinking by myself.
It almost makes one look seedy.

Not even a dry sherry?

- Well, perhaps just a...
- Perhaps not.

What have you got?

One of our researchers came up with something
that might knock Briggs out of court.

Is crediting a colleague generosity or
a hedge bet, in case it doesn't work out?

It looks solid, Sir Ian.

In strictest confidence, Laurence,
I had a note from the Cabinet Office.

It would be appreciated if Briggs
could be booted out of touch.

Show me.

Denning in Bridge v Neways Mining,

There were insufficient pit
props and the shaft collapsed.

The MD had told the managers
to put less in to save money.

Denning overturned the
manslaughter conviction

on the ground that those
responsible for doing a safe job

should have behaved responsibly
and ignored the foolish employer.

Mike Briggs could be regarded
as such a foolish employer.

He won't enjoy being called a fool,
but I'm sure he'll live with it.

John?

Oh! Hello, you.

Now, the housekeeper was complaining about
you stealing a whole packet of sausages.

She doesn't have very
good taste, Michael.

No, nor your dog.

Um, I'm being lobbied, on behalf of
your ex, to get you to dump Briggs.

I should be outraged. I'm not surprised.

If it wasn't such an important
case I'd declare a retrial

and absent myself from it.

She's done her homework, John.

Denning in the Neways mining accident.

Well, I'd best do my homework
as well. Thank you, Michael.

As managing director of a large
corporation employing over 4,000 people,

it wasn't and isn't my
client's responsibility

to attend to the maintenance of
safety throughout his business empire.

Indeed, it would be an
unreasonable burden upon him.

Therefore, it is unfair
to hold him responsible.

May I point you to Lord Denning's judgement in
the Bridge and Neways Mining Disaster appeal?

The conviction against the
managing director was set aside

because it was deemed unreasonable
for him to concern himself

with the day-to-day running
of Health and Safety.

One man can't reasonably do this in a
company employing beyond a certain number

where contact can't be made on
an individual, first-name basis.

Therefore, my client was wrongly
indicted with this offence.

Yes, thank you.

Yes, the authority is good.

It might have carried your
argument, Miss Channing,

were it not for the fact
of the directing mind.

I think that Lord Justice Brockway
in the Red Burger chain electrocution

is a better authority here.

Let me see if I remember this correctly.

When an employee was electrocuted,

the owner of the burger chain was indicted for
manslaughter, having been the directing mind.

He told the manager of the branch not to waste
time and money checking all of the equipment.

Lord Justice Brockway spelt
out the rule very clearly,

when a company director is on site, and becomes
personally involved in Health and Safety matters,

and especially when it also
involves cost-cutting measures,

then he or she is bound to
be held legally responsible.

So I think your argument,
founded upon Bridge and Neways,

falls when counterposed here
with Lord Justice Brockway.

Let's have the jury back.

My lord, I think Lord Denning
is the higher authority on this.

Rank doesn't count in the Court of
Appeal, all their judgements are equal.

I remind you that I have ruled on this.

I would like an adjournment
to refer this elsewhere.

Well, I would've thought that even you would
know that in a criminal trial on indictment

the right to appeal any aspect only
arises at the conclusion of the case.

This is pure prejudice. You're
not being fair to my client.

If you seek to disrupt these proceedings with
spurious argument, I will hold you in contempt.

I hold you in contempt
for what you're doing.

Miss Channing, if you
continue, I'll have you removed.

You're being childish
and contemptible...

Will the Dock Officer remove Miss
Channing to the cells, please?

Right, let's have the jury back.

I won't be kept here like a criminal.

What, what do I do?

Thank you. Hello?

Daddy? It's George. I'm in a cell.

- What?
- Deed put me here. It's an outrage.

You must have done something
pretty serious, George,

for a judge to put a QC in a cell,

Well, it's nothing to do with
now, Daddy. It's our... past.

You'd have an awful job trying to prove
that. I expect he'll turn you loose.

- Eventually.
- It's now I want out!

He's making me look ridiculous
in front of my client.

Well, there's only one way.
You must purge your contempt,

by apologising unreservedly.

Like hell I will. Can you do nothing?

Only the judge who put
you there can release you.

- You must apologise.
- I'll die first.

- What?
- I have to take that, madam.

- Hello?
- Oh.

Damn thing. Turn it off, would you?

Hi.

I might have known you would
exact every kind of meanness.

I came in the adjournment
to get you out.

Not before time.

- Well?
- First you have to purge your contempt.

You must be joking. Not
before hell freezes over.

Okay.

Isn't it true to say, Mr Forsyth,
that the whole thrust of your evidence

is characterised by the fact that you were
trying to wriggle free from all responsibility?

No. I'm indicating
where responsibility lay.

Well, didn't you plead guilty in your own
trial in return for a non-custodial sentence,

provided you gave
evidence against Mr Briggs?

No, I pleaded guilty

- to the extent of my responsibility.
- Release her.

Do you seriously expect the jury to
believe that an experienced site manager

doesn't have overall
responsibility for safety?

Look, Mr Briggs told us to ignore
anything that delayed progress.

Now, he would have fired
me if I had ignored him.

As the judge so eloquently put it,
your job was more important than a life?

No. Of course not.

Then why heed an order that
ignored Health and Safety

when in so doing you
were breaking the law?

Be...

- I was told to do so.
- And doubtless told you could wriggle free

if you drew someone more
senior in. No further questions.

- Do you want to come back, Mrs Mills?
- My lord.

Was it normal practice for people in authority
to make site visits and give you orders?

Yes, the architect would tell you what to
do, the client would tell you what to do.

You did what they told you to.

Well, yes. I mean, that's how the
relationship works with people above you.

Are you saying it wasn't unusual for the
MD of the company employing the contractor

- to give you instructions?
- No, it wasn't unusual.

Thank you, Mr Forsyth. Does
Your Lordship have any questions?

No. Thank you.

- So you've come back, Miss Channing?
- Yes, my lord, I...

Prosecution would like
to call Mrs Cootes.

Mrs Cootes, can you tell the court
Tony's feelings on getting a job?

My lord, I must object. His feelings
can have no bearing on the material fact.

My lord, I'm endeavouring to show the
atmosphere in which he approached his job.

Don't see how this helps us, Mrs Mills.

Mrs Cootes, since the tragic death of
your son approximately 11 months ago,

can you tell us how you've
been occupying your time?

I must question the relevance of this.

Throughout, my client has
steadfastly maintained his innocence.

His being subject to this trial
is costing him a great deal.

I hardly think it fair that the
prosecution takes a charabanc

around what the deceased's
mother has been doing.

This is germane. Mrs Cootes has made herself
an expert on the ways the company worked.

Don't stray too far from the point.

Is she allowed to keep
interrupting like this?

Do you mean defence counsel?

Yes, if she feels she has a valid point.

You are also at liberty to ask any
questions you want, at any time.

Mrs Cootes?
- I've been studying the enforcement,

or the consequences
of lack of enforcement,

of Health and Safety regulations
on the health and safety of...

- This is not relevant.
- I'll decide what's relevant.

Mrs Mills.

- Michael, how nice.
- How are you?

This is Mike Briggs. I hope you
don't mind, we've a con later.

Sir Michael.

You really ought to try to dodge John,
you know. Might avoid a total disaster.

Well, isn't this cosy? Aren't you going
to introduce me to your aunty, John?

- You go too far, George.
- Oh, I'm so sorry! It's Jo.

I didn't recognise you.
Haven't got my contacts in.

Oh, is that why your eyes are so red? Or
have you been weeping with your client?

I see you're still helping the Third
World poor, buying your clothes from Oxfam.

I may wear dead people's clothes
but I didn't actually kill them.

- What's that meant to mean?
- Work it out. Your client will help you.

Excuse me? What have I ever done to you?

It doesn't take rocket science to work out
why so many rulings are in your favour, Jo.

Your arguments were
never sexy enough for him.

That's enough. Come on, let's go. Bitch.

Yeah, you're right, it's rubbish.

- Oh, how gallant you are.
- One of us has to leave, Mr Briggs.

I don't see why. We're both grown-up.

I didn't kill that boy. I
don't know anything about him.

Look, we really cannot
have this conversation.

Your barrister made an error of
judgement in bringing you here.

I told her to. I wanna talk to you.

I don't think that's a good idea.

Let's leave, Mike, before
he bangs us both up.

I deal with people directly, call them
up, tell them what I want personally.

Possibly, that's why you're in court.

Excuse me, I have to walk my dog.

- What's wrong with him?
- I'm sure George will explain,

in words of one syllable.

- I daresay you know which are his rooms.
- Oh, yes.

You lot always this
charming to each other?

I did warn you about
instructing me for this, Mike.

Oh, don't worry about it, Georgia.
I've got no plans on going to jail.

Even if I have to go in the judge's
chambers and straighten this.

Do we have anything
further for Mrs Channing?

A new submission of no case to answer?

We've dropped a few hints to Ms
Channing, off the record, of course.

Whether His Lordship will
allow the submission...

Will it increase the chances
of his being overturned?

We're confident it won't get to appeal.

- Then can you rid me of this accursed man?
- Quite possibly.

It seems he may knowingly
have received stolen property.

I find that hard to believe.
He's so sanctimonious.

Nothing of any worth, sir. A dog.

It came out of a research
laboratory that was broken into.

Yes. Yes.

I can imagine sentimentality
being one of Deed's vices.

- How certain are we?
- There's a defaced identity tattoo in the dog's ear.

We need to have it examined
with an ultraviolet lamp.

I'm getting to like the sound of this.

Can I object to this jury?

- Michael, there's nothing I can do...
- Look, they're not even listening

and two of them keep staring at me.

My lord, in order to close the
prosecution's case I have one more witness.

He doesn't seem to have arrived.

We're all intrigued by this witness, Mrs Mills.
How do you propose to secure the evidence?

If I might have a short adjournment?

10 minutes? I'm obliged.

10 minutes, Mr Harrison.

It is no good this man
leaking Mike Briggs's memo

if he won't now come
forward to give evidence.

- He's scared.
- Well, what if I were to summon him?

Well, he'd just deny
it was ever sent to him.

Well, he must want it out
in the open, Mrs Cootes.

This is ridiculous. Why can't we just
tell them anyway? It's a fact. It exists.

If I could, I would.

The only other possible way of
introducing it is to question Mike Briggs

as to its existence in the witness box.

Fine. Just as long as
the jury knows about it.

The only problem there is if the defence
doesn't call him to give evidence.

Gotta go.

- That concludes the case for the prosecution.
- Thank you, Mrs Mills.

Are you ready to proceed with
the defence, Miss Channing,

or do you have another
submission for me?

I do have another submission.

Then we'd best have the jury out. I'm sure
you're familiar with this routine by now.

May I take you to The Queen and Marcus
Begley over malfunctioning farm equipment,

reported in the second volume of the
Criminal Appeal Reports for 1967 at page 59?

The case bears marked
similarities to this one

in that through pressure of time
the farm owner, Marcus Begley,

told his employee to
forego safety checks.

A loose flywheel guard
on a combine shook free

and one of his labourers
was pulled in and crushed.

Lord Pendlebury held that not Mr Begley,

but the employee who had been designated
the task of Health and Safety regulations

was responsible.

Secondly, why this case must fall is because
even if Mr Briggs had given a direct order,

I take you back to Lord Denning, who
states in his ruling that there is

"no line of culpability to anyone higher where
there is a designated Health and Safety officer. "

That was not my client.

Mr Briggs wouldn't even be in court
if the CPS had been correctly advised.

The prosecution has built a case out
of spite and enmity on shifting sand.

I submit there is no case to answer.

Thank you, Miss Channing. I admit to not
being familiar with Lord Pendlebury's ruling.

I'm sure it's going to give
me much pleasurable reading.

I'll hear from the prosecution,
if necessary, in the morning.

Until the morning. All rise!

I don't know where the defence is
coming from, but she's getting the goods.

Are you gonna have to let him off?

You think he's culpable, Coop?

If he was telling people to
forget the rules. He was the boss.

It's hard to be brave when you're
terrified of losing your job.

Yes, I think that's what Mrs Mills is
up against with her no-show witness.

If someone doesn't punish these companies,
how many more people will get killed or maimed?

Sir Joseph Channing telephoned. He'd
like to see you in chambers this evening.

- What does he want?
- He didn't say, Judge.

Perhaps he wants to slap my wrist
for putting his daughter in a cell.

Could you get me some coffee,
please, Coop, maybe a sandwich?

You've reached Francesca
Rochester, Please leave a message,

But you don't respond.

Good move, Rosie.

- Do you want me to take Rosie for a walk, Judge?
- I hope my daughter appreciates this.

Oh, it's all right, sir. I enjoy it.

Don't let her hear you say
that or she'll dump her on you.

Thanks, Stephen.

- She's only just been out, Stephen.
- This sort of dog needs to be out a lot.

Well, don't let her off the lead.

Stay there.

Let's have a look.

You're a long way from home,
Joe. This must be important.

I spent many a term as
a High Court judge here.

Well, nothing much has changed.
Even the decor's the same.

- Yes, but we had more servants in those days.
- I daresay they gave better service, too.

- I have a difficult ruling to give first thing.
- Yes, I know. That's why I came.

Ah. Do you want a
coffee? Oh, only one cup.

- How about a drink? Scotch, isn't it?
- Hm.

You know, I sometimes regret
not specialising in company law.

The City has such an influence on us.

People who produce things
are not sufficiently valued.

People like Mike Briggs.

- I really can't discuss Briggs, Joe.
- Oh, no, no, no, of course you can't.

We need more like him. Wealth creators.

Should do more to encourage them.

He is held in some high regard
in certain sections of Whitehall.

Well, he's very good at what he does.

A lot of people of influence

think that he should be allowed to
go on doing what he does so well.

- I have no problem with that.
- Good.

Provided the jury find him not guilty.

That is what we have to ensure.

And how would you suggest
that "we" go about that?

A good many people of like minds

would count you a friend indeed, if the new
authority which has been presented to you

were to... do the trick.

You're not descended from
Thomas Cromwell, are you?

No one's out to destroy you.

On the contrary, one day you'll want to
sit in the Appeal Court, become a Law Lord.

Be more specific, how
soon are we talking here?

Are you playing games with me? These
people would not be pleased if you are.

The case may fall. I don't
think you can deliver, Joe.

These are men who know that
everything can be arranged.

I would like to be able to tell
them that the case is going to fail.

I have a lot of work to get through.

You're a foolish man, John.

These people can speed
or impede your progress.

Oh. Tell me who they are. I'll
issue a warrant for their arrest.

What would you use for evidence?

Smile for the camera
on your way out,Joe,

You must dislike Deed even more than I.

He took and cheapened something
I cared about very much.

Yes, I had heard rumours.

There's a certain
incontinence about him.

Whatever else he is,
Ian, he is not biddable.

What a pity. We'll have
to fall back on plan B.

I don't like your client's tactics,
George, I'm considering a formal complaint.

This was none of my doing, you know that.
That's why we are here and not in your chambers.

You'll still find
against my new authority?

No, you wouldn't do that.

You've far too much pride in your own
ability ever to let this prejudice you.

Go on. Do you want her?

- As a token of my apology.
- Charlie's already tried me.

Are you still sleeping
with Francesca Rochester?

- Did somebody put an ad in The Times?
- It's a small world, full of gossips.

Word is you're heading
for a fall with her.

Just watch your back. Daddy
wouldn't have acted alone.

- Hey!
- Helps keep the park attendant in work.

Miss Channing.

Your arguments as to why the defendant
should not be in the dock are persuasive.

Your authority is challenging.

I can see why you think Lord
Pendlebury gives clear guidance

but you're missing the point.

Lord Pendlebury makes it abundantly
clear that a Health and Safety officer

has to be trained and certified,

not just a person who is nominated or
assumes responsibility for expediency.

Part of the prosecution's
case against Mr Briggs

is that he failed to take Health
and Safety matters seriously,

that he did not nominate staff to the
purpose, nor provide adequate training.

In the case you cited, there was
no obvious single directing mind.

You see, the owner of the company
had simply assumed responsibility.

Now, this is a criminal case
in which the prosecution says

your client's unlawful acts led
to a death, hence, manslaughter.

Lord Donaldson is the guiding authority

in the Gaghan Pleasure Boat Disaster, where
the master left safety checks uncompleted

in order to catch the tide.

Culpability there was
driven by financial gain.

Now, whether financial gain

drove Briggs to have his operations run
in a less safe but more economic manner,

daresay that the jury
will want to consider.

Let's have the jury back in.

Might we re-examine Lord Pendlebury?

No, this is something you can do in
the Appeal Court should the need arise,

but not before.

Let's have the jury.

Mrs Cooper, could I have
a word with the Judge?

- He's sitting, Stephen.
- It's urgent.

There may be a problem with Rosie.

Laurence James at the LCD has
guessed where she came from.

- Where's that then, Stephen?
- I'm not stupid.

Nor is he. He could
have the Judge arrested.

I don't think you can
arrest a High Court judge.

He'll be embarrassed
if the police show up.

Perhaps you'd best take her to Charlie.

What's she doing here? Did Dad send you?

You've got to find
somewhere safe for her.

- Oh, yes, why's that?
- The police are about to swoop on the Judge.

What?

Look, ring your dad or Mrs
Cooper if you don't believe me.

Hello, dear, is there a problem?

There's absolutely nowhere
else. Dad's about to be raided.

Well, I'm not sure you
should've brought her here.

It's just a precaution, Alison.
I'll come back for her later.

- Are you ALF, too, dear?
- He's just a friend.

Miss Channing, is the defence ready?

I have argued the defence's position
already, that position hasn't changed.

- Are you calling your client?
- No.

And have you explained to him the
inference that the jury might arrive at

from his not giving evidence?

He's fully aware of what this means.

- Are you calling any witnesses?
- No.

Well, if your client's happy with
that strategy for his defence.

Mrs Mills, are you ready
to address the jury?

Quite ready, my lord.

Mike Briggs, who's standing before
you charged with manslaughter,

is a man of many parts.

Depending on which section of the media
you read, he's a working class hero,

a product of Thatcherism, a
bold, free-wheeling entrepreneur.

Names the media fight shy of calling him
are "asset stripper" and "pension robber".

For obvious reasons, Mr Briggs
wields the power of the writ

and to be sued in the High
Court is a costly business.

Let's look at Mr Briggs
the asset stripper.

He takes an apparently ailing
company, puts it into receivership,

and then, despite promises to the
contrary, makes the workers redundant,

a situation from which
they have no legal redress.

He then sells the separate
parts for vast profits.

Mr Briggs the pension robber.

Under past entrepreneurial legislation
he finds ways, quite legally,

to whittle away the pension
and redundancy payments

of those who have made the company rich.

Now, you might ask yourselves why I'm
dwelling on these murky activities.

After all, Mr Briggs is
not on trial for theft.

However, we would argue

that this lack of morality and
responsibility that Mr Briggs has shown

informs the ethos of his company,

profit at any cost.

Even the life of a young
man who went off to work

with a borrowed vacuum flask
and a pack of sandwiches

in the optimistic belief that he could
contribute to maintaining his single mother

and younger siblings in
their financial struggle.

Mike Briggs was not born with
a silver spoon in his mouth

but in abject poverty.

He left school at 16 and went
to work in an iron foundry

and within 20 years owned the firm.

How odd that we identify someone this
successful as the second victim in this case.

But victim he is.

He is a victim of the culture of envy and
negativity that has pervaded our society.

In fact, what Mike Briggs really
stands accused of is being successful.

His hard work and initiative has provided
over 4,000 people with full-time employment,

pensions and holiday entitlement.

As common as it is to
want to blame someone,

in this case blame cannot
legally be attributed.

Mike Briggs didn't kill Tony Cootes

or cause him to be killed by
callous disregard for safety.

All he's guilty of

is supplying the lucrative contract
to the company that employed Tony

and for making sure
they kept to the bargain.

- Do we know where the dog is now?
- I've not heard a word, Judge.

Charlie, where are you?

- I've only just got out of a tutorial.
- And where's Rosie?

- The policeman friend said you had a problem,
- Did he?

Well, we don't. Is Rosie all right?

- A friend's finding her another home.
- What friend? Is he reliable?

She. Rosie will be fine, Dad. Look,
I've got to go. I'll speak to you later.

Fine.

Now, if on considering the
evidence you come to the conclusion

that Mr Briggs was just a cog
in his vast group of companies,

it is difficult to suggest that he can be
responsible for all the workings of that company,

or for the avoidance of
Health and Safety regulations.

Then you must find him not guilty.

If, on the other hand, you find
Mr Briggs was a directing mind,

that he did create an atmosphere within his
companies and those contracted to Mandle PLC,

it might be reasonable for you to conclude
that you have identified a directing mind

in the death of Tony Cootes.

And therefore, a proper
verdict would be guilty.

Deliberate carefully. Please put out of your
minds any worries about wider safety concerns.

You are to judge the case
for and against this man.

That is all.

Guilty, definitely.

Shouldn't we have a
discussion like he said?

Why? He's just a slimy fat cat.

My granddad had his pension
ripped off by the likes of that,

but I still don't think
it's right not to discuss it.

Was it him who ripped off your granddad?

I don't know. Well, they're
all the same, employers.

- You make them rich, they screw you.
- Yeah.

Let's have a vote. Judge said
he wanted an unanimous verdict.

- Guilty, right? Yes.

Can we recommend that he gets life?

That's a bit strong. He
didn't mean to kill him.

Well, he didn't care, though, did he?

It's clear from this unanimous verdict

that yours was a mind that directed
others on threat of sanctions

in the wilful and wanton disregard
of Health and Safety regulations

and that it resulted in
the death of Tony Cootes.

You are hitherto of good character and
have contributed a great deal to society

through the employment that you create.

This I will take into account when I pass
sentence. I would like pre-sentencing reports.

What's a convenient date for sentencing?

- Three weeks hence, my lord, the 29th.
-29th it is.

George, what's the fine?
Why can't I pay it now?

- Might I ask for the bail terms to be continued?
- I don't want bail.

I don't think so, Miss Channing.

I'll be looking at a prison
sentence and I will also bear in mind

that Mr Briggs has both the wherewithal
and the inclination to go abroad.

- I've got a lot of business abroad.
- Yes, I'm sure you have.

- Well, I can't go to prison.
- You must consider what Mr Briggs is...

Your client was convicted
by unanimous verdict...

What, by that lot? Good God, look at
them. George, you got to do something.

I must insist...
- This is a get-up!

Is it, Mr Briggs?

You're remanded in
custody until the 29th.

All rise.

- You can't get away with this.
- Gonna try.

It's spite, envy.

The working-class mentality

- trying to pay back the haves.
- Oh, change the record.

You're stupid for going along with it.

- They, the great and the good...
- The great and the good?

...in their smart houses and their
close-knit community would have welcomed you.

You could have had so much, John.

George, I'd sooner go back to my
dad's council house in Coventry

than give up one principle.

Incidentally, my sister now owns that
house. She and Dad are very happy there.

The poor are never happy. That's
a myth fostered by the rich...

- I don't believe this.
- ... to make the poor less troublesome.

What you've done is meaningless. Mike
will be out of custody within 24 hours.

Yeah, you're probably right.

But even 24 hours in jail with no
friends and no phone and no freedom

might just have him see the
consequences of his actions.

How novel. Rats usually
leave a sinking ship.

Oh, I think it might
float a while longer.

- They'll come after you, you know.
- For Briggs? I doubt it.

- For saying no to them once too often.
- Well, I'll go back to being a barrister, then.

Are you ever going to
have dinner with me?

How about tonight?

Sir Ian Rochester would
like a word, Judge.

It's getting like Oxford Circus
in here. You know my number.

You can't seriously be thinking of
giving this man a custodial sentence?

Under the Offences Against the Person Act
1861, Section 5, the maximum sentence is life.

This is not the director of
a tinpot company, Sir John.

Sentences for manslaughter cover the
widest band of sentence for any offence.

I will consider all circumstances
before I pass sentence.

Under the Human Rights Act,

the infliction of punishment without sentence
is, I'm sure you'll agree, Sir John, an outrage.

We inflict such outrages on the
poor and inarticulate all the time.

People at the very top want
you to free this man, Sir John.

Oh, really?

Then tell them I'm not one
of your under-secretaries.

I take no instruction either from you
or from anyone in political office.

I appealed to your decency.
You rejected that appeal.

You might wish to reconsider this friendly request,
Sir John, before you're utterly discredited.

And who's gonna do that?
You?

You had in your possession, until recently,
a dog that was stolen from a laboratory.

It was removed from here by your
policeman with the help of your daughter

and taken to one Alison Knight, a
member of the Animal Liberation Front.

You might not be subject
to arrest, Sir John,

but your daughter and
Mrs Knight certainly are.

Excuse me, Judge, your daughter's on line
one and needs to speak to you urgently.

Doubtless you have a lot to say to her.

Chas.

They have Rosie, They raided my friend
Alison's house and they just took her,

How did they know where to look?

Oh, I don't know, your policeman must
have told them, You've got to do something,

I can't right now,
Chas. I'm a bit boxed in.

- Go to the police, get her back!
- I can't.

Charlie, I'm sorry.

- Then I will, I have to,
- No, Charlie.

They'll send her back to be
killed, I'll tell them she's mine,

Charlie, you mustn't, they'll arrest...

Judge...

If you did what I think you did...

Will Deed go after the dog?

He'll try to help his daughter.
When he does, the trap will close.

Provided the police keep their nerve.

I'm Mr Justice Deed, I
believe you have my dog.

Your daughter said it's her dog, sir.

Where is she?

Dad, they seem to think I
stole Rosie from a laboratory.

- Is that what you told them?
- No, of course not. Of course I didn't steal her.

Well, I always taught you to tell the truth, darling.
I like to think that the truth always prevails.

- Do you have my dog?
- We do have a dog, sir.

One we believe was
taken from a laboratory.

Where is this dog?

This way, sir.

Rosie.

How are you, girl?

She was with a suspected animal
rights activist, Sir John.

Is that your only evidence, Sergeant?

You'd hardly expect me to ask a
vivisectionist to be my dog sitter?

Well?

- I hope this is social.
- If you think you've won, well, you haven't.

It's just like old times.

- Always have to have the last word.
- You always insisted on the last word.

- Now you can insist by virtue of your position.
- I never took advantage of my position.

- You jailed me for contempt.
- You showed the court disrespect.

- You were being bone-headed.
- I was being fair.

God, I hate you!

You're looking very attractive.

I don't think so, John.

You're still insufferable.

It wouldn't work, John.

I'm not one of your empty vessels.

Now we've both been
put out to grass, Rosie.