Judge John Deed (2001–…): Season 1, Episode 4 - Hidden Agenda - full transcript

Dr. Helena Bellew is charged with murder in the care of an elderly cancer patient after his family learns that the doctor is to inherit the old man's estate. She is accused of administering an overdose of pain killers but the science is not clear cut on the issue. Judge Deed's handling of the case brings him again into conflict with Sir Ian Richardson and the Lord Chancellor's Department. In family court, Judge Deed hears the case of an HIV-positive woman who refuses to allow her child to be tested. The local council takes the child into care as a result. Deed's father is slowly dying and wants to tell him something important but lapses into a coma before he can do so. It's left to Deed's sister to tell him a family secret that affects him greatly.

You' re too late.

Came as quick as we could.

He' s gone, has he?

About two hours ago.

Shouldn' t you close his eyes, Doctor?

We couldn' t just leave the shop.

It' s for the best. He was suffering.

I' ll arrange the death certificate.

There' s no need to contact the coroner.

I' ll take those.

There is only one beneficiary
in your uncle' s will, Maureen.



Yes, we were always very close.

Oh, no, it' s his GP.

He changed it two months ago
in favour of Dr Bellew.

What?

You can' t be serious.
What about Maureen?

Dr Bellew gets everything.

He must have been demented.

He was quite lucid when he called me in.

Maureen was everything to him.
She was all he had.

What did he leave her?

The cottage, 20-acre fields

and about 300,000 ? before duty.

You' re joking.

I' m surprised it took her as long



as two months before she did
him in.

I love this, you know.

Dad, it' s awful.
- It is not.

The first thing any court will ask,
if it gets that far,

is why wouldn' t an HIV-positive mother
want her baby tested?

Why doesn' t she?

If it' s positive, the doctors
will want to treat him.

Well, I should hope so.
- What, even if he' s well?

Which he is.
- That' s for the test to show.

Kate says doctors have got it all
wrong about HIV.

She' s managed her own HIV for 10 years
without doctors or drugs.

Well, then, she' s lucky.

HIV equals AIDS equals death, doesn' t it?

She works at her health.
Lots of exercise, a brilliant diet.

Healthy and pure, no additives,
no animal products, no alcohol.

Sounds like fun.

Can Social Services test the baby
without Kate' s consent?

If they could, they would have
done so already.

You coming up to Coventry at the weekend,
to see Grandad?

I' ll try, I' ve got a stack of work on.

Persuade your friend to have
the baby tested.

Then take a view.

We have Dr Bellew back.

The prosecution couldn' t locate
the forensic they were after.

Good. I like this doctor.

She' s very attractive.

But that wouldn' t necessarily mean
she didn' t kill her patient, Judge.

My lord, might I ask for another adjournment

in order for the police to exhume
one of Dr Bellew' s former patients?

Well, I suppose it was worth a try,
Mr Phillips.

Unless you want to risk a retrial,

you' re going to have to
proceed with what you' ve got.

The Crown Prosecution Service
was convinced

there was a prima facie
case to answer.

Mr Taylor, you run a hardware shop,

you sit on the local council,
you' re a church warden,

a life we might describe
as a service to the community.

If you don' t work at community
there wouldn' t be any community left.

You work many hours unpaid on
council business?

Yes. More than the shop, probably.

Now, just so that the jury understands

that you' re not
a man motivated by material needs.

This is important.

The murder on which Dr Bellew has
been indicted

was supposedly motivated by greed.

300,000 ? and the property
the deceased man left to her.

Now, I' m obliged, my lord.

Can you tell us what happened
on the 15th of April this year?

Dr Bellew rang the shop to say
Uncle Reg was poorly.

We' d had similar calls from her.

Maureen didn' t want to go over there
without me.

Why was that?

The doctor was often quite rude.

She always seemed to be judging us.

Why was that? Did she say?

She seemed to think she was the only one
who cared for Reg.

We would do anything humanly possible.

We couldn' t get away when
she called.

We were expecting a big delivery.

Well, what happened when you
got to the house?

We found him dead. It was shocking.

Your wife said
that you' d been expecting this, Mr Taylor.

You still don' t know what to expect.

His eyes were wide open,
sort of in surprise.

Was Dr Bellew still present?

Yes. Sitting in the dark.

It was really odd.
- Why odd?

She didn' t seem at all bothered.

I mean, she made such a thing
about being the one who cared,

she hadn' t even bothered to close his eyes.

What was it that aroused your suspicions?

There were two empty phials of diamorphine

and a wrapper from a hypodermic
I found on the bed.

Dr Bellew snatched them from me
and hid them in her pocket.

Hadn' t you seen her use this drug before?

Oh, yes, she' d use all sorts of drugs,

but mostly through the pump in his arm.

Do you know if she had injected
the drug before?

No, I don' t think so.

But I remember her saying,

that he was getting as much as his
heart could take through the pump.

I' d pointed out that he was in pain.

Might I continue, my lord?

Um, yes.

Yet you found two empty 30 milligram
ampoules of diamorphine.

The autopsy showed
a huge quantity of the drug in his body.

This is something you
discovered later, Mr Taylor,

it couldn' t have aroused your suspicions.

No, it was the two phials, and her manner.

Her cool indifference to her
deceased patient?

Yes.

Could the doctor have been upset earlier?

That wasn' t my impression, Your Honour.

What gave you that impression?

Might I remind Your Lordship
that I prosecute the case

and Mrs Mills defends?

And I' m the judge?

Yes, all right, Mr Phillips.

I believe Dr Bellew told you,

that a coroner' s decision wasn' t
necessary,

that another doctor
would sign the death certificate.

Yes.

Did she say why she didn' t sign it?

No.

Were you and Mrs Taylor very close
to her uncle?

Yes, we were all he had.

How often did you visit him?

As often as we could.

Maureen couldn' t do enough for him.

So it would not be unreasonable
to expect to be remembered in his will?

Maureen never once thought about that.

She took care of all his needs.

She couldn' t nurse him, he was in
too much pain.

She visited what, three, four times a week?

I' m not sure.

Or would once a week be nearer?

Once a month?

I' m not sure.

Why is it that neither the district nurse

nor the Macmillan nurse
ever saw either of you at the house?

Maureen couldn' t bear to see Reg suffering,

it upset her too much.

Are you calling the nurses?
- I am, my lord.

Mr Taylor,

how did you alert the authorities

to what you suspected about Dr Bellew?

Did you go to the police?

No, I went to the town clerk.

Who is a friend of yours.

We have contact in any council work.

He sent you to the police, did he?

No, not directly.

He suggested I have a word with the coroner.

Who you also know.

Through my council work, yes.

And he appointed a pathologist, a Dr Smith.

Yes, and alerted the police.

Is that the same Dr Duncan Smith

who carried out the initial postmortem
on Mr Moore,

the same one that sits with you
on the council?

Yes, it is.

Did Dr Duncan Smith carry out
the initial postmortem on Mr Moore?

Are you suggesting wrongdoing
on the part of the coroner, Mrs Mills?

Overzealousness as a result of
a personal relationship with this witness

might better describe it, my lord.

The pathologist found huge quantities
of morphine in the old boy' s body.

If you had grave suspicions as
to the death,

why did it take you so long
to report them?

We didn' t like to trouble Dr Bellew.

Until you learned that she was
Mr Moore' s sole beneficiary?

We didn' t do it for the money.

I have no further questions, my lord.

What she did to Uncle Reg, it' s an outrage!

Thank you, Mr Taylor.

What animal is that? What animal is that?

Is Mummy being silly?
- Brandon.

Is she?

Hello, hello.
- Is he laughing?

Steve?

You can' t ignore this, Kate.

Miss Rankin, I have something for you.

I' m a High Court bailiff.
This is a summons to appear.

Why don' t you go after real child abusers
and stop harassing us?

Be sensible, your baby needs to be tested.

Who says?

He' s perfectly well. Look at him.

He may look fine now, but he' ll get ill.

And what do you know about it?
- Kate, calm down.

If you don' t respond, he' ll be
taken into care.

Just you try.

Tells you when and where to go, love.

You will never take him away from me.

Dr Davis, would you tell the court

what drug residues you
found in the old man' s body?

Large amounts of an opiate alkaloid,

almost certainly taken as a
commercial painkiller.

Would the liquid morphine, Hypnoctol,
be the likely source?

We identified traces of the buffers
found in Hypnoctol.

The quantity would indicate a large dose.

Now, what in your opinion would be...
- Would you tell...

Would you tell the jury
what the buffers in this drug are?

You can' t give someone opiate
alkaloids orally,

they' re too bitter. They gag.

They have to be softened and supported
with other ingredients.

Those are buffers.

Why don' t these show up in the same
quantities as the morphine?

They' re absorbed at a much faster rate.

Faster than the substance that killed him?

Yes, my lord.

Was Mr Moore receiving high levels
of diamorphine for his pain?

Yes, I believe he was.

As much as...

1,000 milligrams by infusion
over a 24-hour period?

I believe so.

That' s a huge tolerance.

Can opiate alkaloids accumulate
in the liver

over a long period with fatal
consequences?

No, they don' t build up in the body.

They don' t?

Can I refer you to a paper
that you wrote in 1995?

"In patients with poor liver or
kidney function,

"the build-up of toxic metabolites
and neurotoxins in the body

"can have fatal results. "

Did you write this?

Yes, I did.

Can these metabolites result
from diamorphine breaking down?

Yes, they can, but they don' t accumulate.

Thank you, Doctor.

Have you since changed your opinion?

The paper was to provoke discussion,
my lord.

To get GPs to question their prescribing
and what might result.

Is there any foundation in the statement?

It' s a theory.

Most drugs are broken down in the liver
within 24 hours.

The metabolites are usually broken down
in another 24 hours.

Do you want to come back, Mrs Mills?

Not at this point.

How' s your friend with HIV?

Really desperate.

She' s been summoned to appear in court.

Hmm.

She got a lawyer?
- No.

She doesn' t trust them.

She' s scared she won' t get a fair hearing.

I think she' s going to ignore it.

Well, if she does, Chas,

the Social Services will get everything
they want.

Why don' t you go to court with her?

Be her McKenzie friend.

Get real, Dad. What advice could I give her?

Well, you could always ask me, Chas.

I' m fine.

You shouldn' t have bothered, John.

You' re not fine, Dad.
You were screaming in pain earlier.

We' ll get you through this, Dad.

She shouldn' t have bothered you.

Are you staying up?

No, I' m in the middle of a murder trial.

I told her not to worry you.
- I' ll look back in later, Alice.

I' ll see you out.

Grandad,

you promised you' d come and see
me in Sussex.

I' ll get rid of this case,

and we' ll spend some more
time together. Eh, Dad?

I told her...
- She' s worried about you, Dad.

He shouldn' t have come rushing up here.

He' ll do what he likes, Dad.

Maybe we should take him away with us
for a while.

The doctor says
he should really be back in hospital.

I don' t want to go there.

I went in for a new hip...

and came out with all this.

I could barely get you out of bed
and into the bath yesterday.

I think you' ve been wonderful,
the way you' ve coped.

Did you tell him, Dad?

Don' t bother about that.

Tell me what, Dad?

We' ll talk another time,

when I' m well.

I' m a bit tired now.

I' ll do that.

You go and sit down.

I haven' t forgotten how to lay
a table, you know.

What was it he wanted to tell me?

Oh, I don' t know.

You' ll have to ask him.

My lord, with your leave,
the defence calls Dr Bellew.

I treated Mr Moore at home for nearly
six months.

He didn' t like hospitals.

He wouldn' t go in.

Did his previous GP refuse
to treat him at home?

Yes, he felt the cancer was too serious.

He refused to treat anyone at home.

But you didn' t mind doing home visits?

No, some patients respond better at home.

Were you giving Mr Moore powerful drugs?

Lots of them, bigger doses all the time.

With what object, Doctor?

To manage the pain.

Hoping he' d slip away.

Mr Moore was in a huge amount of pain?

Yes, it got worse as the cancer spread.

What sort of a relationship
did you have with Mr Moore?

Well...

it depended how much pain he was in.

Sometimes he' d call me a...

a clumsy bitch, a stupid cow.

But you still kept going to see him?
- Yes.

Why was that, Doctor?

I couldn' t just abandon him.

How conscious was Mr Moore during this?

Well, the drugs made him sleepy,

but the pain was so intense,
it didn' t let him sleep.

Was he able to make conscious choices?

Yes.

More drugs, less drugs.

Okay.

On the day Mr Moore died,

can you describe that visit?

I called in after surgery,

late, I had lots of other calls.

I made him tea.

He was in a great deal of pain.

The diamorphine he was getting
wasn' t working.

How much diamorphine was he having?

500 milligrams, BD.

- Bis in die...
- Twice daily.

Yeah, a lot of morphine.

But it didn' t free him from the pain?

No.

I gave him an injection to boost
what he was getting via the syringe drive.

His pain got worse,

so I gave him more diamorphine.

Intravenously?
- Yes.

Finally, the pain ebbed away.

We had tea and cake.

He was happy.

He said I was his...

best friend.

Wasn' t it possible that you were
his best friend?

You saw him the most, you were kind to him.

It was the drugs talking.

Did you ever
think of releasing Mr Moore from his pain?

Giving him a lethal overdose?
- Yes.

But then I' d think, well,
maybe he' d get better.

Did you realise that he was dying that day?

Yes.

Which is why I called Mr Taylor.

But you did nothing about it?

He was an old man
with primary cancer of the lungs,

and massive secondaries of the
bone and liver.

Dr Bellew, what happened after your
patient died?

I said goodbye to him.

I told him I' d miss him.

And then I waited with him
for about an hour, or maybe two.

Until Mr and Mrs Taylor came.

So, after your patient died,
you sat by his bedside for two hours.

Why wait so long?

Isn' t this unusual for such a busy doctor?

Perhaps.

But it takes time to say goodbye
to an old friend.

Especially one who' d left you all
his money?

When did you know about being left
this money?

Well, when the solicitor wrote to me.

But the Meals On Wheels lady
told us,

that you knew about being left
this money

well before Mr Moore' s death.

No, I didn' t.

Well, you heard her evidence,
is she a liar?

I wouldn' t have thought so.

She said you told her about being
left the money.

No, I might' ve said
that he wanted to.

Did you know about his will before
his death?

I think he said, that he wanted
to make it out to me.

When, precisely,

did you know of the existence of
Mr Moore' s will in your favour?

When the solicitor wrote to me.

But before that he' d said he' d
leave you something,

but he didn' t appear to be wealthy?

Yes, Judge.

Just wanted to clear that up
for the jury, Mr Phillips.

I' m so obliged, my lord.

Did you tell Mr Taylor,

that there was no need to inform
the coroner?

Yes, it wasn' t a reportable death.

Why didn' t you sign the death certificate?

I didn' t have one.

Dr Medalovich was nearby.

Why didn' t you sign the one
that he brought?

I... I don' t know.

The death certificate reads
"death by natural causes".

Could it be that you didn' t want
to endorse the lie?

Well, he did die of natural causes.

How did you meet Dr Medalovich?

We met in Kosovo,
when I worked for the Red Cross.

Are you and Dr Medalovich lovers?

We were, in Kosovo.

While he was married?

His wife had disappeared two years before.

Have you continued to have
sexual relations with him in this country?

My lord, is this relevant?
- Might be, Mrs Mills.

Dr Bellew?

Yes. We have been together here, yes.

So you were lovers in Kosovo,

and you resumed the sexual relationship
when he arrived here.

Yes, but we' re not together anymore.

Are you an honest and reliable doctor?

I try to be.

Did you work at the Mordiford Hospital
in Birmingham in 1990?

Yes.

And while you were working at that hospital,

did you give a year-old baby in
anaphylactic shock

a massive injection of adrenaline
into its vein,

causing it to die of a heart attack?

My lord,

Dr Bellew was exonerated
by a subsequent inquiry.

The baby had a weak heart.

I' ve allowed the prosecution
to put the question,

you can re-examine on that.

Dr Bellew?

Yes.

I did kill little Malcolm Darlow, yes.

I think this might be a convenient moment.

What' s your feeling on this one, Coop?

Well, I know what yours is.
You think she' s not guilty.

I tend to agree.

Where do you disagree?

Her friend signing the death certificate.

She' s human and she' s busy.

Not too busy to sit by a dead man
for two hours.

Clerk to Mr Justice Deed.

Yes, miss. It' s your sister.

Yes, Alice.

He' s lost consciousness, John,

The drugs are making no difference,
Can you come up?

I' m sorry, Dad. I' ll come if you
want me to.

No, no, no.

You go to court with your
friend. Who' s she in front of?

Mr Justice Nivan.

It' s only a hearing about
a hearing.

If Kate makes a good case,
Michael might throw it out.

They can' t take the baby away,
can they?

That' s what they' re scared of.

She has rights just like anybody else.

I hope you' re right.

Oh, there' s my bus. Give Grandad my love.
- Will do.

Chas, make a case.

The doctor' s only just gone.

He' s not sure how long he' s got.

The infection' s getting worse.

Isn' t there anything he can do?

He' s trying everything.

Dad was in such pain.

That' s what scares me.

It just got worse and worse,
he was screaming and screaming.

I' d sooner Rama gave him something
to end it,

rather than see him suffer
like that.

The case I' m trying at the moment,

involves a doctor accused
of killing a patient.

Did he?

She.

It' s for the jury to decide.

I can understand why she might.

It' s terrible seeing him like that.

He kept calling your name.

The other day when you said he
had something he wanted to tell me,

do you know what it was?

Alice.

Alice.

Oh, come on.

He should have told you.

The longer he left it, the harder it got.

You' re not his son.

What...

you mean Mum had an affair?

They adopted you.

You' re kidding, aren' t you?

You didn' t say. Why didn' t you say?

I' m sorry.

I' d see you look at him at times and think,
"He must know. "

You were always so different,

so clever,

so questioning.

Well, he taught me that!

He used to back me into a corner
intellectually, and...

say, "Don' t accept anything, question
everything. "

You should have told me.

I' m sorry.

I wanted to, I tried to, so many times.

He was always too scared to tell you.

He was so proud of you going to Oxford.

Getting the highest marks at bar school.

As time went on, he got more scared
to tell you.

He couldn' t bear to think of losing you.

He was afraid you' d leave
and wouldn' t come back.

He was my father.
You were my sister.

Mum was my mother, I...

I never felt...

left out.

Why don' t you tell him, John?

That' s all that matters to him.

Dad.

Nothing changes, Dad.

It was a bit of a surprise, I mean...

It took you 52 years, doesn' t make
any difference.

Might have done...

when I was at Oxford,

for a while, but...

I don' t know what I wanted
you to be, just...

not a baker.

I couldn' t have had a better father.

Everything that I value, you taught me.

So, um...

I don' t know if you can
hear me, Dad, but...

thank you.

Have a safe journey, Dad.

As we' re informal in the Family Division,

I think Miss Deed might speak on behalf
of Miss Rankin and Mr Sarasy,

also assist as a McKenzie friend,

bearing in mind the European Convention
on Human Rights.

Are there any objections from the council?

The council has no objections, my lord.

When would the council want the hearing?

The day after tomorrow,
if convenient, my lord.

There is an increasing danger to the baby
from breastfeeding.

The mother is not breastfeeding Brandon,
my lord. She never has breastfed.

How long would the parents need to prepare?

A month at least.

The council would be obliged to
go for an Emergency Protection Order

to prevent further abuse.

We' re not abusing Brandon.

If we could avoid emotive language,
Mr Parsons.

Two days is as impractical as a month.

I' m setting this down for 10 days' time.

With the utmost respect, my lord,
it must be sooner.

There is a real threat to the baby.

The parents need time to prepare,
Mr Parsons.

Are you seeking legal representation?
- No. We' re not.

I think you' d be advised to.
You must come back here on the 27th.

Kate and Steve are concerned
about who' ll hear this case.

The judge' s vested interests.

What vested interests are those?

Well, if the judge' s
immediate family were doctors,

or if he took orthodox views on
HIV and AIDS.

Or, if he had, say,
financial interest in pharmaceuticals.

That' s a valid concern.

Can we go back to,

how you came to be practicing medicine
in this country, Dr Medalovich?

You came here in 1997.
- Correct.

And you said that you hadn' t
lived here before.

Correct also.

Yet according to the records of
Durham University,

you were here in 1979

studying psychology.

Does that mean that you lied
on your asylum application?

I did not lie.

You omitted to tell the truth, Doctor.

Is that because you were deported
for shoplifting?

I did not shoplift.

They made a mistake.

Then let us look at your dubious credentials
as a qualified medical practitioner.

Are you offering evidence to support this?

I will show that this witness is unreliable
in a way that puts a question mark

over the view expressed by his signature
on the death certificate.

Unless you have evidence to
challenge his qualifications,

I' m not going to allow this.

The witness has proved himself to be a liar

over his entry here as a refugee.

Well, that' s a matter for Immigration
to take up.

I wonder if any of us might not make
a similar omission,

in similar circumstances?

Dr Medalovich,

were you convicted of shoplifting in 1979?

I did not shoplift, sir.

That' s not what I asked.

No.

The authorities revoked my visa.

Members of the jury,

you must try to disregard
the matter

of Dr Medalovich' s possible
criminal activity.

I will deal with that in summing up.

You can make what you will of the omission
that he made on his asylum application

or consider his subsequent actions,

working in an overstretched NHS
and, presumably, doing a good job.

Mr Phillips.
- On March the 25th this year,

did you order...

a new BMW Z3 sports car?

Correct.

That was two full weeks before
Mr Moore' s death.

How did you intend paying for this car?

I hoped out of my salary.

And what does a junior hospital doctor earn?

Not enough.

Well, this car costs 27,000 ?.

Is it not true that you anticipated
paying for it

out of your lover' s inheritance?

No.

In return for the helpful
evidence that you gave her?

No.

I tell the truth.

Then we must assume that your optimism
about paying for it deserted you.

You cancelled the car
immediately after Dr Bellew was charged.

Thank you.

Mr Phillips, in my court,

counsel will ask questions,
not make speeches.

Further, they will allow the witness
a chance to answer.

I do apologise, my lord.

Well, it' s the witness to whom
you owe the apology, not me.

Dr Medalovich, do you want
to comment on what he just said?

She did not kill him.

All right.

Do you want to come back, Mrs Mills?

If I may, my lord, I' d like to call an
expert witness,

for whom notice wasn' t given
to my learned friend.

Who is this witness?

Dr Margot Briones, a pathologist who
specialises in toxicity and sudden death.

Does the prosecution have any objection?

We weren' t served with a report.

I have it here.

My lord,

the defence had two months
to come up with this.

He has a point, Mrs Mills.

Why wasn' t the prosecution
given notice of your witness?

She was leading a forensic team in Rwanda.

Well, couldn' t you have called
someone,

equally qualified and more
readily available?

There is no one more qualified.

Is this new evidence that she will
bring forward?

Entirely new.

How long do you need for background checks,
Mr Phillips?

24 hours would be helpful.

Shall we say tomorrow morning?

I can' t believe your doctor
friend did that.

Did you know about the car?

No, of course not.

Well, yes.

I mean, not that particular car.
I didn' t know about that.

But it' s what he does.

He ordered a Porsche the moment
he got his job.

Before that, it was a Mercedes.

He finds them irresistible.

Did he cancel those cars?

Yes.

He hadn' t a hope in hell in paying
for them.

Good.

Forget it, Michael.

I' m taking this legal seminar
or I' d do it.

You' re the most senior judge
with Family Division experience.

My daughter is appearing for the parents.

Only as a McKenzie.

She' ll be able to see just how
interfering you are at first hand.

What, me interfere, Michael?

Complaints from barristers are legion.
All off the record, of course.

No, the only alternative is Mary Baker
and her husband is a consultant.

Well, why not trust her to be objective?

I think the mother should have
the baby tested.

Don' t we all? Thank you, John.

Not with my daughter.
They need proper representa...

Come, Rosie. Come on. Come on.

Would you take it, pro bono?

That' s what most of it feels like
working for Legal Aid.

It would be something if they paid you
in under two years.

Well, the human rights aspect
ought to appeal to you.

Little mother against the state.

Sounds like it appeals to you.

Would you like to come back tonight?

Oh, John, I love your persistence.

It' s so very reassuring.

Is that a yes?

I' ll talk to Charlie.

I was trying to help, Charlie.
You should have asked me first.

Jo was available.
- Look, just stay out of it, okay?

They don' t want another
lawyer. They want me.

You' re emotionally involved.

Anyway, it' s now been set down
in front of me.

You still shouldn' t have asked Mrs Mills.

Your friends should count yourselves lucky.
Jo will negotiate a deal.

Get the council to settle for a
non-actionable test.

They don' t want a deal.

Well, then they' re very foolish.
At least talk to her.

Well, why don' t you?
She' s your girlfriend!

Dr Briones,

are you the author of Unexplained Death,
A Study In Fatal Pathology?

Yes, I am.

What is fatal pathology, Dr Briones?

Disease of an organ within the
body structure,

that leads to death.

Isn' t that what all death is, Doctor?

Death is the cessation of the heartbeat.

In reality, everyone dies of a heart attack.

Fatal pathology is what brings it on.

It could be cancer, liver failure,

a stricture in the airway
or toxins causing paralysis.

Many causes are not readily
explained.

Would you describe your book as
a standard text?

Well, I suppose that' s what it' s
become.

It' s been a teaching reference
for 20 years.

In your book, in Chapter 5,

Section 3, page 157,

Stasis As A Cause Of Fatal Toxicity,

you state that

"when the patient is elderly

and suffers from a condition
where bodily function slows,

"metabolites are retained by the kidneys
or liver with fatal consequences. "

Does diamorphine break down
into non-excretable metabolites?

In the elderly,
where bodily functions slow down, yes.

They stick to the molecules,

that form the cells of the liver,

and the kidney and can' t be
eliminated.

Have you examined the liver
of the late Mr Moore?

I did an autopsy.

It' s clear there was stasis in
the digestive system,

the blood, the liver and
the kidneys.

His liver had been retaining
large amounts of metabolites

from the morphine sulphate
and diazepam he had been receiving.

The huge doses of morphine he was given
by his GP, intravenously, to ease the pain

combined with that retained by the liver,

caused first the liver to fail,
and then the heart.

Can there be any doubt about that, Doctor?

None.

Would a GP be alert to it?

That would depend on how busy the GP is.

Most are too busy trying to help
people get well.

Or in this case, to ease
the patient' s pain.

Would a pathologist be alert
to the possibility?

Well, that would depend on the pathologist.

We tend to be employed for
a specific purpose.

We' re scientists, but we' re human
and want to please our employers.

But you tell the truth just the same?

Well, the older I get

the more I realise
there are many versions of the truth.

I am asked by the defence team
to examine a body.

I try to be objective,

as I' m sure the Home Office
pathologist does.

Steve?

Kate!

Get your hands off her!

You can' t take him! You can' t take him!

We have a court order
to take the baby for his own protection.

Don' t make matters worse, love.

No, leave him. You can' t take him.
- Where are you taking him?

Please don' t let them take my baby. Please!

If you come to the station,
they' ll tell you where they' re taking him.

Chas, I don' t care what sort of court order
the council' s obtained,

they' re not going to test the baby.

Don' t be stupid.
They' ll just do it anyway.

Well, then I' ll hold them in contempt.

All they' ve got is an Emergency Protection
Order from a magistrate.

Because they thought
the baby was in immediate danger.

And are you sure they won' t just go ahead?

Come on, Chas,
have a bit more faith in the system.

Talk to Jo.

Get her to consolidate both cases.

I' ll hear the new case
and the blood test case in my court.

I' m not going to let anybody pull a stroke.
I promise.

How' s Grandad doing?

He' s a tough old bird.

He' s hanging in there.

I' ll see you later.

Dr Briones, is it correct

that all death is the cessation
of the heartbeat?

Yes.

But presumably
there are multiple reasons for this,

not all of them innocent.
- Yes, by no means innocent.

Might one of those
less-than-innocent reasons be that a doctor

administered a massive
intravenous injection of diamorphine,

knowing that the patient' s liver
was already loaded with metabolites

from the opiate alkaloids
that hadn' t broken down?

That' s hardly something for this witness
to speculate on.

No...

my lord, it is entirely for the jury
to visit.

Thank you, Doctor.

Thank you, Dr Briones, you can step down.

I' d like to recall the Home Office
pathologist, Dr Davis.

Dr Davis, you' re still under oath.

Do you accept, Dr Davis,
that in Mr Moore' s medical condition

the liver may have retained
toxic metabolites,

as Dr Briones suggests?

I accept it' s a possibility.

You see,

you didn' t say as much in evidence.

Now, Dr Davis, would you now accept

that toxic metabolites,
the by-product of opiate alkaloids,

built up in Mr Moore as a result of stasis
in various bodily functions

and that this was the probable cause
of death in Mr Moore?

On reflection, I would say yes.

I' d like to see counsel in my chambers.

Unless I get a compelling argument,

I' m going to direct the jury
to find her not guilty.

Oh, no way!

My lord, the pathologist' s evidence
was credible

but not convincing.

Where are you unconvinced?

Dr Medalovich. The man' s a liar.

Oh, come on. He' s struggling
for survival here.

Isn' t that what most
criminals do?

He was expecting a sports
car out of the deal,

at the very least.

It doesn' t necessarily follow
that she was going to supply it.

Your own expert was against you there.

Yes, I...
I must admit that was a bit of a blow.

Well, I' m not hearing anything
to persuade me,

not to direct the jury to acquit her.

What if the doctor pleads to
manslaughter?

Forget it. She' d be better
off before the jury.

Well, she knew about her inheritance
before the old man' s death.

There' s no evidence of that.

Jo' s witness shut the door,
yours bolted it.

Manslaughter.

After all, she did give him the injections.

There is no evidence of gross
negligence, Maurice.

CPS thought I' d hammer her.

They didn' t see Dr Briones.
- Exactly.

I suppose I should have seen that coming.

Oh, fine!

Fine, let' s give this lady a happy ending.

She' s suffered enough.

Judge, I... I would just like to thank you.

God, I' m so sorry.

I' m...

Forgive me.

No, it' s your counsellor you should
thank, not me.

No, no. But you set me free.

Thank you.
- Excuse me.

Well, that should certainly
get the LCD spies reporting back.

Maybe I should give them
something to talk about.

Best not, John.

Annie?

Laurence James.

Is Sir Ian there?

I' ll make this as informal as possible.

I hope we' ll all be civil to each other
despite the informality.

Has counsel explained to the parents
that this is a consolidated hearing?

Firstly, about whether the local
authorities should take Brandon into care

for his own protection,

and then secondly,

whether they can carry out a test
to find out if he' s HIV-positive?

The parents understand both actions.

And do you understand who speaks for whom?

Miss Wort for the baby,
and Mr Parsons for the council.

And do you understand that these cases
are entirely separate

and that one doesn' t necessarily fall
because of the other?

If the council fails in the first case,

they may not necessarily fail in the second.

Yeah, we understand,

but we didn' t do anything to harm Brandon.
- Yeah, okay.

We' ll hear that in evidence.

Is the baby here at court?

No, my lord. He' s with the foster mother.

I don' t think that' s entirely
satisfactory, Miss Wort.

Could you arrange to have
the baby brought here,

and given to the mother for the duration?

But that puts the baby at risk.

I thought I was the judge here.

Your statement presumes that
the baby is at risk.

I' ll determine whether he is
or not.

Let' s have the baby brought here.

Are the expert witnesses available?

They are, my lord.

The parents have no expert witnesses,
but the mother offers herself as such.

And to what extent is she
an expert, Mrs Mills?

Well, as someone who has managed her
own HIV successfully for 10 years,

she feels herself highly qualified.

All right.

I' ll accept her expertise on advice.

Mr Parsons, ready for the council?
- Yes, my lord.

Our case is entirely medical.

We infer nothing about the lifestyle
of the parents, who are unmarried.

The first action was entered
in the family court

because the council felt it entirely
appropriate,

to ascertain if the nine-month
old baby

of an HIV mother was infected.

The second

resulted out of an incident
reported by the baby' s GP.

She felt the baby to be seriously at risk.

An Emergency Protection Order
was then sought.

Kate and Steve are close,
loving, responsible parents.

Steve is a computer programmer

and Kate is a mature student
reading Theoretical Physics.

There are two central issues.

First, forcing a test on a nine-month
old baby,

without evidence of illness,

against the parents' wishes

contravenes Section 10
of the European Convention of Human Rights.

Secondly, we would argue that the mother' s
scrupulous maintenance of her health

in spite of this persisting medical
condition

in no way puts the baby at risk.

Would you state your name and occupation?

Gail Smith, GP at the Wayley Street
Health Centre.

How long have you known
Miss Rankin, Mr Sarasy and their baby?

Approximately eight weeks.

The mother came in to register the baby
when he developed eczema.

Was it then you learnt she was an
HIV-positive mother,

breastfeeding her baby

and contacted the council?

I don' t breastfeed. I told her I didn' t.

Have you ever breastfed your baby,
Miss Rankin?

No. I couldn' t.

But even if I could, I wouldn' t.

It wouldn' t be responsible.

Mr Parsons?

My Lord, the council had reason
to suspect otherwise.

Well, doubtless, we will hear these reasons
at some point.

Can you tell us, Doctor,

why you contacted the council
about this HIV-positive mother?

I called at the home Miss Rankin,

shares with her partner one
evening last week

to once again try and persuade her
to have Brandon tested.

I found that Kate had a deep cut
to her hand,

the baby had eczema,

I thought there was a real risk
she could infect the baby with her blood.

What statistics are available

for HIV-positive mothers to so
infect their babies?

I really don' t know.

Do you have any other patients
who have infected their babies in this way?

No, but that doesn' t mean it
couldn' t happen.

Do you know of actual infections
occurring this way, Doctor?

Only what I' ve read in journals.

I see. So how did you assess
the risk to Brandon?

I spoke to one of the partners in
our health centre.

Is he or she an expert in HIV?

No. We' re GPs.

Would it be true to say, Doctor,

that in Kate Rankin you found
a highly intelligent young mother

who knew an awful lot more than you,
not only about her illness which she treats,

but an awful lot more than you
generally about this illness?

She is intelligent.

She' s also arrogant and foolhardy.

She beat 300 other applicants for funding

for a place on one of the top
Theoretical Physics courses in the country.

She is highly informed about health issues
and the pitfalls of treatment.

Did you feel threatened
by this superior knowledge?

No.

Isn' t that why you approached the council?

Mrs Mills, are you wishing to turn this
into a hostile action?

Kate and Steve feel that this doctor
and the council

are being hostile towards their baby.

And the council may be acting
in a way,

that experience tells them is best
for the baby.

Do you wish to say anything else, Doctor?

Well, I didn' t feel threatened.

We tried to negotiate with her.

You can' t treat something as complex
as HIV with alternatives,

as she seems to be suggesting.

You can.

Yes. We will be coming to you, Miss Rankin.

Thank you, Doctor.

I think that might be a convenient
place to stop.

My lord,

is the baby to be returned
to the foster mother for the night?

I think I am honour-bound to do so, yes.

How could you let the baby
go back like that?

Chas, you know better
than to approach me like this.

I at least thought you' d be decent.

Chas, please stop this now.

Great, just give them everything!

Oh, fine. Reason fails, walk out.
What a perfect argument.

Do women drive you crazy, Stephen?

All the time, Judge.

A lady asked me to give you this.

Anyone nice?

Mmm.

That good?

You gave the council a really
easy time.

Yeah, Charlie' s been on my
case already.

I had an invite from your client, Dr Bellew.
- Ex-client.

You directed the jury to
acquit her, remember?

I have no need to continue that
relationship, and nor must you.

She' s invited me to dinner.

Yeah, well, she can certainly
afford it now.

John, it could be career suicide if you do.

She was wholly innocent.

Yeah, well, that' s not what the LCD
spies will see.

You' d be playing straight into their hands.
- Ooh.

Then maybe you should save me from myself.

Someone ought to.

I must go.
- Bye.

Judge.

I wanted to see you.

This is not a good idea.

Yeah, but I just wanted to say thank you.
- You already have, Dr Bellew.

My name is Helena.

Can I talk to you in private?

Deed actually met this woman socially?

In the wine bar.
She' s been sending him notes.

It' s a gross breech of judicial etiquette.

He acquitted her on a direction.

Are we sure she is not pursuing him?

To be certain, we' d need to have
him followed.

Is that the only way?

Much as I' d welcome Deed' s fall
from grace...

For His Lordship' s own protection,

it might be prudent, Sir Ian.

That' s to invite scandal of another kind.

I' d better take some serious
legal advice on this.

I would like to call Dr Capstick.

It seems sensible, my lord,
to have the medical experts together.

Yes, that does seem like a good idea.

The risk to a small baby of a mother

infecting him with HIV
mustn' t be over-exaggerated,

but it is very real.

Is there any way of knowing
if the baby is HIV without testing?

We could wait until it gets ill
from the various AIDS-related problems.

If the baby were found to be HIV-positive,

you would do what?

Treat him prophylactically
with Septrin and protease inhibitors.

To do what?

To prevent progression to
full-blown AIDS.

Thank you.

How long would such treatment last for?

For the rest of its life.

To prevent, as I said,
the progression into AIDS.

Dr Capstick, have you seen this baby?
- Yes, I have.

Apart from a little eczema
in the form of a nappy rash,

he' s very healthy.

Are there side effects to this treatment,

the treatment you would give to the baby
were he HIV?

Of course, but minor compared with AIDS.

Do all HIV-positive people develop AIDS?

Certainly not under my regime.

There are long-term survivors,
who we call non-progressors.

They have rejected treatments, like Kate.

The sort of health regime
Kate Rankin has adopted,

is it likely to help her

fight the onset of any AIDS-related illness?

I believe she practises yoga, meditates,

has a healthy vegetarian diet

and has herself treated
with herbal therapies.

All these things would help.

But it would be foolish to suggest
that this alone is enough.

Despite the apparent good health of Brandon,

you would still treat him
against the mother' s wishes?

We do what we know to be right.

Isn' t that medical dogma, Doctor?

The exercise of your opinion,

against the equally valid
opinion of the mother?

The mother' s view is entirely emotional.

That' s what mothers are like Doctor,

when we fight for what we hold
most sacred,

the lives of our babies.

Ah, Ian, I' m so sorry.

That PVS hearing took far longer
than any of us expected.

Has Frederick offered you a sherry?

The health system is throwing up
a lot of persistent vegetative state cases.

Science keeps the old motor running
long after the ghost has left.

"Thou shalt not kill; but needst not strive
Officiously to keep alive. "

Arthur Hugh Clough in The Latest Decalogue,

Now that these civil service examinations
have become so risibly easy, Ian,

I daresay you' re getting a number of PVSs
amongst your own staff.

Oh yes, sit down.
- Thank you.

We might have a little local
difficulty, Joe.

We are taking soundings
for Lords Justice appointments.

There is a school of opinion
favouring your former son-in-law.

What? It can' t happen.

The baker' s dust of his childhood
has barely left his jacket.

His liberal and humane concerns
have resonated in the media

and in influential political circles.

The Lord Chancellor feels
he should be on the list for consideration.

He' s hardly been on the bench
for five minutes!

And, well, what have we seen?

He uses our common law heritage

as if it were plasticine from which
to mould justice

in accordance with his own warped notions.

I was on the bench seven years

before I was elevated to the
Court of Appeal.

I take it you' re against it.
- No.

Neither I, nor my brethren will allow Deed
to ascend to the appellate bench.

His rise would precipitate discomfort
in quarters well beyond this corridor.

Surely you simply have to advise
that he is...

unsuitable.

Ordinarily, I would so advise
the Lord Chancellor.

Yet I have reason to
despise that wretched man,

far longer than you have.

A newspaper recently referred
to Deed' s judgements as

"the law with justice flowing
through its veins".

What?

A picture of an altogether more
sinister character is what is needed.

I take it you have some means
of revealing that character?

I have, Joe.

What I urgently need to know
is how sound my move might be legally.

For obvious reasons, I can' t take advice
from our people in the department.

You intrigue me.

That young couple must be breaking
their hearts.

Give me a break.

I got Charlie and Mrs Mills
on my back about this one.

Dr Bellew left another of these
at the reception desk.

She' s very persistent.
- And possibly dangerous.

I' ll alert security to stop her
entering the building, my lord.

Yeah, okay, that might be the best...

thing to do.

Excuse me, Sir John.

There is a woman at the gate asking for you.

She says it' s urgent.

Who is she?

A Dr Bellew, my lord.

She seems rather emotional.

Yes, she is, very.

Ask Stephen to deal with her, will you?

Your policeman is off duty, sir.

Did she say what it was about?

Only that it' s imperative she sees you.

I could call the police, sir.

You didn' t leave her standing out
in the rain, did you?

I cannot admit unannounced
visitors, my lord.

Let her in before she drowns.

Dr Bellew, my lord.

God, you' re absolutely soaked.
- I' m sorry about this.

I' m... I' m sorry.

Mr Johnson, would you get the doctor
some coffee and brandy, please?

Let me take your mac.

You know, I could get into serious trouble
just letting you in here.

You really must stop pursuing me like this.

I' m sorry, I tried not to come here.

I thought I' d go to the police or
my solicitor, but...

you' re the only one I trust.

What I have to say, I can' t
say in a letter.

Sit down.

My lord, Sir Ian Rochester wonders

if you might spare him a moment
in his office

at adjournment.

Concerning what, Mr James?

This is a matter for Sir Ian, my lord.

We believe it concerns Dr Bellew.

Then the mountain might
have to come to Mohammed.

Do they watch my every move?
What is it about me?

Do you really want me to tell you, Judge?

Mrs Mills, Judge.
- Thanks, Coop.

Breakfast in His Lordship' s chambers.

Do you want to give yourself a reputation?

Dr Bellew came to my digs last night.

Well, it was just a matter of time.

Lord Chancellor' s people know about it.

What do you want from me,
a character reference?

That is not the problem.

Well, it couldn' t get worse.

Jo, please, I' ve had a really
sleepless night.

That' s what you wanted, presumably.

She claims to have murdered the old man.

It' s not possible.

She says he was in terrible pain
and he pleaded with her to end it.

His pain or his life?

She gave him four ampoules
of diamorphine, not two.

Did she know about the will?
- Says she didn' t.

Are you going to inform the police?

What for? We can' t try her again.

They might want to dig up
some of her dead patients.

The Lord Chancellor' s people
think they' ve caught you

in the worst possible circumstances
with this doctor.

Was there such a circumstance, John?

No, of course not.

Well, then, you simply tell them
what you' ve discovered.

And there the matter ends
as far as the LCD are concerned.

What' s your gut feeling on this, Jo?

I still think she' s innocent.
I think your direction to acquit was right.

Yeah, maybe.

John.

What a dilemma.

I don' t know what' s happened to Steve.

He had to go and pick up
a recorded delivery.

Well, he knows we need him
in court with you.

I want you to be clear about
your evidence.

Try to be calm and unemotional.

How can I be if they take Brandon?

Well, you' re a good mother, Kate.

All we have to do is impress that
on the judge.

I don' t think they' ve made a case
about the risks.

Supposing he won' t let me have him?

It' s going really well. Come on.

Kate.
- Steve, what happened?

The letter' s from the
Edinburgh Health Authority.

They found Frankie' s health records.

They want to know where Brandon is.

They' ve contacted the local health
authority here.

But they can' t. They can' t, not now.

I know.
- It' s not fair.

I know.
Miss Rankin?

Come on. Come on, we can do this.
- Yeah.

Hello.

He' s great.

You okay? Do you want a delay?

Not unless you can delay it forever.

Thank you, ladies and gentlemen.
Can we take our seats, please?

The conventional wisdom is that
if you are HIV-positive,

and you don' t seek treatment,

then you are likely to develop
full-blown AIDS.

Why have you avoided treatment?

I saw some of my friends who had it
die quite quickly.

They had all been
pushed into the medical treatment system.

I became infected from a blood
transfusion,

so I wasn' t keen to go back
into the system.

Somehow, I worked out that...

if you treat a person with HIV
without any symptoms, it' s like...

it' s like voodoo.

Tell someone they have a fatal illness
and they' ll almost certainly develop it.

I don' t believe doctors go about treating
the problem in the right way at all.

I don' t believe they even know

what they' re looking for,
and then,

when they think they' ve found it
they start bombarding the immune system

as though it were separate
from the whole person,

while that person continues
to do all the things,

that compromise the immune system,

such as bad diet, stress, bad attitude...

drug taking.
- So, you' ve kept yourself in good health.

Yes, I' ve tried to. I think it works.

If your child were to prove HIV-positive,

would it be your intention not to seek
orthodox medical treatment for him?

He' s not HIV.

I know he' s not.

But if he were, I would keep him
well my way.

Miss Rankin, when you consulted
a doctor on your condition,

how long did he say you might
live for?

10 years.
- How long ago was that?

About 10 years ago.

So, to put it indelicately, Miss Rankin,
if the medical prognosis is correct,

you could die tomorrow,

and your baby could expect to live
about the same length of time.

To put it indelicately, you' re
pretty stupid.

Miss Rankin, I understand
that you' re feeling...

He doesn' t know the first thing

about HIV or related illnesses.

You don' t just drop dead.
There is a long period of poor health.

I am not going to die.
And nor is my baby. He is not.

I have no further questions.

Thank you, Miss Rankin.

I think this might be a convenient moment
to adjourn for lunch.

My lord, should the baby go back
to the foster mother for the adjournment?

No, I think we can trust the parents
over lunch.

There' s no other way out.
The nursery doors are alarmed.

What about the loo windows?
- Barred.

The security doors are the only
way out.

We have to do it soon,
before the court sits again.

But they' re watching us.

Kate, we could lose him forever.

How could you live with that,
if we don' t at least try?

I' m scared.
- So am I.

Come on, let' s do it.

Kate, there is a way to cut the ground
right from under the council.

If you agree to a test...
- No.

Let me finish.

If he tests positive,

we can ask the judge to stop the council,

forcing you to seek treatment
for him,

under the Human Rights Act.
- No, we can' t.

Well, why not,
if you don' t have to get him treated?

One small pinprick and it' s all over.

They' ll find out he' s not our baby.

What?

You can' t be serious.

Whose baby is he?

The real mother died when
he was eight weeks old.

We' ve looked after him ever since.

You mean you just took him?
- No.

His mum died of breast cancer.

I mean, that was the start.
By the end, it was all over her.

I met her at the healer' s.

We had Brandon while she
was in and out of hospital.

We grew very attached to him.

There wasn' t anybody else,
Frankie had no parents or siblings.

I kept thinking someone would come for him,
but they never did.

Then I got my place at university
and we came down here.

Did she will you the baby,
make you the testamentary guardian?

Well, yeah, sort of.

She wanted to, but she died
before she could.

That' s not enough, Kate.

You don' t have the right to keep him.

She wanted me to have him, she did.

I' m an officer of the court,
I can' t simply ignore this.

You can' t let them take
the baby away, Jo, you...

They can' t.

They can and they will.

Charlie, I can' t just unhear this,

I wish I could, I have to inform
the court.

I' m sorry.

It' s okay, it' s okay.

You coming to see me?

Oh, Chas, darling.

Come on.
Your friend' s evidence was very impressive.

Coop, could you get us some tea, please?

Well, you' re due in court, Judge.

They' re not going to start
without me, are they?

I don' t want tea, thanks.

Well, let' s talk anyway, come on.

Charlie, you don' t need me
to tell you what this means.

I' m bound to sanction
the child' s removal into care.

But no one could care for the baby
like Kate and Steve do.

Do you really think foster parents would
be more caring?

Probably not,
but under the law they have no rights.

You can change that, Dad. You can.

Oh, Chas.

I love your optimism
about what I can and can' t do.

And the law says if you' re
not related,

and have lived with the baby
for less than three years,

you have no legal claim.

Well, how could they?
The baby' s only nine months old.

One right they might have
is to foster baby Brandon themselves.

It' s a start.

But the local council has to agree.

I can' t steamroller through this one, Chas.
- Why not?

You act like Spider-Man most of
the other times.

It' s in statute is why, Chas.

Their not being the child' s natural parents
changes everything.

When you found out Grandad
wasn' t your real father,

did it make a difference to you?

My lord,

there' s something I' ve just learned
that entirely changes the nature...

Before you go on, Mrs Mills,

I' m going to adjourn for 48
hours while I do some research.

No, my lord, I mean, with respect, my lord,

the matter is of the utmost importance.

Well, I fail to see why, Mr Parsons,
with Brandon in care.

Is the baby to continue in care, my lord?

Yes, I think that might be best,

but the parents are to have
reasonable access to him.

48 hours.

Do we have a problem
that requires a stenographer?

My concern is that the department
isn' t embarrassed.

Well, be brief.

It' s come to the department' s attention
that you had at your lodgings last night

a defendant you had recently directed
the jury to acquit of murder.

Well, you' ve got me bang to rights.

You know that sense of propriety dictates
it should never happen.

The lodgings butler was present.
- The whole two and a half hours

she was observed entering
and leaving your rooms?

These were extenuating circumstances.

She was observed passing you notes.

I often get letters from people
I' ve acquitted.

With whom His Lordship
subsequently has contact?

These were exceptional circumstances.

Yes, I gather she' s very attractive.
- Yeah, a real looker.

Your department will be very
embarrassed,

if I go public about your
spying on me.

I' m trying to protect your
reputation, my lord.

Will you undertake not to see
this woman again?

Nope. On principle.

I didn' t think High Court judges
were answerable to civil servants.

Now, if you' ll excuse me.

I had hoped to dispose of this informally.

I find this most regrettable, Sir John.

My God, this is a baker' s son.

You promised to rid me of him.

Thank you, Mrs Laynen.

These are the papers from
Dr Bellew' s trial, Judge.

I' ll get the rest.
- Thank you, Mr Harrison.

Thanks, Coop.

Could you...
- Just get you some coffee.

Coffee.

You look terrible.
- Thank you.

Mrs Cooper says you' ve been up all night.
- I have.

In a good cause.
- Helena Bellew?

Partly.

I really needed to know
did I get it wrong when I acquitted her?

I don' t think so.

You saw her drugs records in evidence.

You saw that she only signed
out two, not four,

ampoules of diamorphine.

Doesn' t mean to say

that she couldn' t have got
two more from somewhere else.

Maybe.

I' ve been reading
about false confession syndrome,

you know, you keep coming across
the same thing.

People need to be punished,
they need to be seen to be guilty.

Well, it figures with her.

She told me she still dreams about
the baby,

she' s supposed to have
killed all those years ago.

The thing is, John,

is that no one will ever know
about old Mr Moore.

So stop beating yourself up about it
and move on.

Okay. Baby Brandon.

Well, if the council know
what I think you know,

you' re going to have
to grant the care order.

Oh, they know, all right.

They asked for an order without notice
hearing this morning.

Well, I hope you' ll insist
it' s inter partes,

No. Don' t want the parents
there.

If they are,

I shall have to question them
directly about baby Brandon.

John, I hope you' re not thinking
what I think you are.

Well, it' s legal, just.
Provided I don' t find against the parents.

No, I' m not here, I don' t want to know.
- Hang on.

Dr Briones still in the country?
- I' ll find out.

We could just take him and run.
- Kate, we' ve talked about this.

We' re fitter than they are, Steve. We are.

Be sensible.

Hello. Hello, my darling.

You mustn' t get out of our sight.

It' s all right.
We' re not gonna run off with him.

It wouldn' t do any good, anyway.

We know about his real mum.
- Come on.

It' s okay.
- Steve.

It is a matter of grave urgency,
my lord.

The council has reason to believe

that Miss Rankin and Mr Sarasy
are not the real parents of Brandon.

It seems their reluctance
to have the baby tested

was merely a ploy to prevent
their unmasking.

They have since learned that the mother was
one Frankie McWilliams.

Is there evidence of it?

I have Miss McWilliams' death certificate

and the baby' s birth certificate.

Well, all this tells me
is that a woman died and a baby was born.

That' s why we must have a paternity test,
my lord.

That' s what this hearing is about,
Mr Parsons,

I had adjourned the hearing
for 48 hours.

It was a very fortuitous
adjournment, my lord.

We will resume the hearing this afternoon.

Mr Harrison, if you could
notify the other side.

Meanwhile, this application is denied.

Charlie, wherever you are,
call me. It' s urgent.

Isn' t she great?

She' s my daughter substitute.
- She' s very beautiful.

The doctor on whose behalf
you gave evidence,

now claims to have murdered
the old man.

Good heavens.

Well, only she and God know.

Could she have killed him intentionally?

Did I get it wrong?
- No.

She said she gave him four
ampoules, not two.

The old man' s liver was loaded
with opiate alkaloid metabolites.

Almost any additional amounts of morphine
could have caused fatal pathology.

Doesn' t help me very much.
She could still have intended to kill him.

I' m a pathologist.
You should talk to a psychiatrist.

I don' t want to talk to somebody

who' s going to tell me what
they think I need to hear.

If it helps, I' ve seen this before.

She' s the sort of doctor,

who blames herself for
anything and everything.

I knew another one like that.

In the end it stopped me being
a useful doctor.

A long time ago, a baby in her care died.

She was cleared of any wrongdoing.

She still feels she should be
punished for it.

She substituted the old man for the baby?
- I' ll tell you what I think.

She gave the old man half a 30
milligram ampoule

and then another half,

then half of the second 30
milligram ampoule,

then the final half.

You could convince yourself that was four,
if you were in a state.

Hmm.

You' re a very unusual judge, doing this.

Why don' t you just move on?

Do you know you' re the second person
today who' s told me that?

Well, how many more do you need?

Dr Bellew.

Do you know who this is, Doctor?
- Yes, of course.

Could you come to my chambers?
I want to talk to you.

Oh, but I thought...

Maybe I' m being paranoid,
but I think someone' s following me.

No, you' re not being paranoid,
you are being followed.

It' s the Lord Chancellor' s
security people.

Hang on. Can you wait a minute?

Don' t worry, come to the rear
entrance and I' ll tell security,

I wonder if you could do something for me?

Chas, we have to move fast
if I' m to be Spider-Man.

Can you get here right away?

Mr James? Dr Bellew has just
arrived at the court.

Okay? Yeah?

I' m just going to change Brandon.

No, it' s all right. She can' t go anywhere.

Ready with your closing argument, Mrs Mills?
- Uh, yes, my lord.

Can you hold him for just two seconds?

My lord, the conflict hinges
on whether Kate and Steve are good parents,

and if, by refusing the current
test for HIV,

they' re shown to be lesser parents
than if they had done otherwise.

I' m waiting for someone.

I' m waiting for someone.

In actions such as this,
there are never any real winners,

simply a ruling favouring one side.

I' m reminded of the judgement
of Solomon in Kings 3,

Faced with two women fighting
over which was the rightful mother,

Solomon threatened to cut the child
in two with a sword.

One of the women instantly gave up her claim
in order to protect the child,

and her compassion caused Solomon to declare
that she was the rightful mother

and he was recognised as a great judge.

I' m not convinced by either
party' s argument.

Whilst accepting that there are
merits in both, it is clear

that Kate and Steve are parents
of the highest order.

In resisting the council, they have chosen
not to presuppose a medical condition

that we pray does not exist.

That is a wholly tenable position to adopt.

It is not, however, one that I
entirely support.

The council, for its part,

has acted honourably in bringing
this action,

though a few more hard facts

to support their case
might have been welcome.

So I am going to strike down
the Emergency Protection Order

because it is perfectly clear

that Kate and Steve are
the right and proper people

to take care of Brandon.

But I am going to uphold
the council' s application

to have Brandon tested for HIV,

as this current state of uncertainty
cannot be allowed to continue.

With respect, my lord,
might we do that as a matter of urgency?

How soon would you propose
to do this, Mr Parsons?

Well, immediately. The council does have
Dr Smith standing by to take a blood test.

Then it seems sensible to proceed.

Can we take the child?
Yes.

I think she needs changing.
- She?

It' s not Brandon.
- Really?

Where' s Brandon?

Where were you?
I panicked when you weren' t there.

Were you followed?
- I' m not sure. I was too scared to look.

Well, it worked.
Just like Charlie' s dad said it would.

Hello, gorgeous. Come on, gorgeous.

- Ooh, where' s your mummy?
Dad, you were brilliant,

You really are Spider-Man.
- Why, thank you.

Kate needs three uninterrupted years
of looking after Brandon.

Then she can come home
and make a care application.

I' ll reserve the case for myself.

That' s her.

Are you sure?
- It' s Dr Bellew.

Would you return these
with our thanks, Stephen? Thank you.

Yes! We' ve got him.

When will you be back, my lord?
- We' ll let you know.

It' s not her.

Thank you.

John, where did you say we were going?

Le Touquet for dinner.

No, John, tea.

Let' s try Bournemouth.
I have to be back this evening.

Bournemouth?
I' m serious!

Oh. Okay, tea.
Tea.