Kavanagh QC (1995–2001): Season 1, Episode 3 - A Family Affair - full transcript

One, two, three, four, five...

__four, five.

One, two, three...

Take your marks!

Set... Go!

(Shouts of encouragement)

Come on. Come here.

Get in the car.

You can't leave your car there!

Do you want this?

Just hold on a minute.



Sir'?

Don't worry, Peter. Everything's going
to be all right now, I promise you.

Now, there are going to be a lot of press
but you don't have to say anything.

All questions to me. I'm his solicitor.

REPORTER: Peter, over here. Mr. Duggan_

- Where have you been in hiding, Mr. Duggan'?
- There's no need for this. He's giving himself up.

Why did you kidnap your son, Mr. Duggan?

It's the law that kidnaps, not me.

Just remember everything I said
and we'll be together again.

- You promise?
- I promise.

POLICEMAN: Come on, let's go.

Everything I did, I did for my son!

REPORTER: Have you heard from your wife?

Ask him who he wants to be with!



Hold on.

I love my son!

I want justice! I did it for him!

You lying bastard!

In considering the appropriate sentence,

I would ask the Court to bear in mind that
Mr. Duggan gave himself up to the authorities

and subsequently cooperated fully
with the police.

I am also instructed to inform Your Honour
of the background to this unhappy case.

Following the irretrievable breakdown
of his parents' marriage,

Peter Duggan remained
in the care of his father for... two years

until his mother's remarriage, when she
successfully applied for a residence order.

Michael Duggan was further upset
by what he saw

as the deliberate sabotage by his former wife of
what little contact with Peter was left to him.

And increasingly convinced
that his son was deeply unhappy,

Michael Duggan took the law
into his own hands.

Michael Duggan, I have read
the Social Inquiry reports

and listened carefully
to Mr. Kavanagh's plea on your behalf.

You are a successful businessman
of ability and intelligence,

and your previous good character
inclines me toward lenience.

However, while I accept that there is a
complex and troubled background to this case,

the Family Division has made its decision
and you are bound to abide by its terms,

no matter what your opinion of them may be.

Your behaviour was reckless in the extreme

and it is surely the supreme irony
that in taking this action,

supposedly on your son's behalf,

you actually exposed him to a great emotional
trauma and a very real physical danger.

Well, eight months. That's about
the best we could have hoped for.

He'll be out in four.

My money was on a year.
The softball bat didn't help.

I don't think the thought of prison
bothers him that much.

It's um... you know, not being with
Peter that really tears him up.

Maybe the time inside will help him
get things in perspective.

- I wish I thought so.
- Just leave it, Terry!

He will never see that boy again.
Tell him that, Simmons, huh?

- Terry!
- Tell him that!

(Alarm beeps)

(Classical music on radio)

(Beeping and music off)

Who set this alarm?

I did.

Lizzie, it's only six o'clock.

I know.

It means... we've got more time.

Time for what?

Remember when we were first married, we used
to set the alarm early so that we could...

(Chuckles) Yes, I remember.

Well...

I thought it was time
that we revived an old tradition.

You are a very decadent woman,
Lizzie Kavanagh.

(Lizzie giggles)

(Hums merrily)

You ought to be careful,
Dad, at your time of life.

What?

You could do yourself an injury.

Oh, gross!

At their age.

You wouldn't think
they'd be interested any more.

Interested in what?

Nothing.

(Doorbell)

Thank you.

Darling! Parcel for you.

See what it is, would you? I'm late.

- Ma, what is it?
- Er, it's nothing, darling. Um...

I think your father
must be going through a phase.

(Orgasmic grunting and groaning from TV)

(Knock at door)

- Hello, Peter.
- James.

Oh, the Crown & Drake, I take it?

Good heavens!

I'd no idea that was technically possible.

What can I do for you?

Oh, it's nothing that can't wait.

I hear they're going for
an artistic defence.

Hardly Lady Chatterley, though, is it?

- No.
(Knock at door)

One thing I've always
admired about you, Jim.

Your complete dedication
to mastering a brief.

Perhaps one should say, in this case,
lack of briefs.

I can send out for popcorn, if you like.

No, not really staying...

(Knock at door)
- Come in, Tom. Join the party!

Debbie Drake. What a trooper!

Familiar with her work, are you'?

Yeah, I've run across her once or twice
when she was still stripping at stag do's.

You're more likely to find her
on the Guardian Women's Page these days.

If you want my opinion, sir,
it's all a bit of harmless fun.

I'm afraid the DPP don't agree with you.

And after a couple of hours of this,
fun isn't how I'd describe it, either.

It does seem a trifle repetitive.

Do you have a second, Jim? Oh... Sorry.

(Sighs) Boys.

Why? It's a free country!

(Boys all shout)

Fight, fight, fight, fight!

All right.

Adams, go to the headmaster's study.
I'll speak to you later. Come on.

BOY: Bad luck, mate.

They're applying to sever all contact.

What does that mean?

Well, exactly what it sounds like.

If they win, then you
don't see Peter again.

- She might as well just kill me!
- Look, we'll fight it.

There's no date for the hearing,

and there is still an excellent chance
that we can get something out of this.

Saturday afternoons at the zoo
with a social worker in tow?

No. Don't think so, Judy.

I held him in my arms
when he was tiny and helpless.

I watched him take his first steps,
terrified in case he fell.

I've tried to protect him
from a thousand dangers, and now this.

I'll do whatever is within my power

- to maintain some sort of contact.
- I don't want contact.

I want him to live with
me, where he belongs.

But you know that just
isn't going to happen.

Why not? She was the one
who jumped into bed with another man.

She didn't give a damn about Peter
when she ran off with Fisher.

And then she just waltzes back
into my life and steals him from me!

I want Peter at home with me,
where he belongs.

Michael, you have to face reality.

A cross application for residence from you
right now just is not likely to succeed.

- We can win this time.
- You have no grounds for saying that.

There's something else.

What?

(Sighs)

I wanted to spare him this...

but while Peter and I were alone...

he tried to tell me something.

Why didn't you mention this before?
What something?

Judy, I think they've given
my son to a monster.

I didn't expect to see you prosecuting
in a porn case, Mr. Kavanagh.

- Oh, why's that?
- Well, you know...

Growing up in the '60s...

Hair, the O2 trial and all that.

Is there any more, Mr.s. Kavanagh?

Believe it or not, I'd already
grown up in the '60s.

Of course, Luke.

- You'd think he hadn't eaten for weeks.
- He's a growing boy.

Well, let his own family feed him, then.

It's like having the Russian Army
camped out in the fridge.

You're exaggerating because
you don't like him.

What makes you think that?

You wouldn't like any boy
who went out with your baby daughter.

The problem is, Jim, she's
not a baby any more.

I want you to stay very calm.

Kate's just asked if Luke
can stay the night with her.

Huh! No chance!

- What are you doing?
- I am calling a minicab.

Jim, we are going to have to face
this inevitability sooner or later.

Maybe. But not in my house and not now.
She's still at school!

She's nearly 18. And at least she's
being honest and upfront about it.

So am I. No, I'm sorry,
Lizzie, it is not on.

Kate...

Deborah Mary Drake,

you are charged with having an obscene
article for publication for gain

contrary to Section 2, Subsection 1
of the Obscene Publications Act 1959.

And with sending a postal packet
enclosing an indecent,

or obscene print, painting, photograph,
lithograph or film.

How do you plead? Guilty or not guilty?

Not guilty.

My inquiries led me to believe that the
address 74 Woodland Avenue, Hendon,

is a centre for the production and
distribution of pornographic material.

What action did you take
as a result of your inquiries?

I obtained a warrant to
search the property.

And what did you find?

Film-making equipment, cameras, lights,
video reproduction facilities,

and a very substantial quantity
of video cassettes

which I would describe as hard-core
pornography of a particularly explicit kind.

- Mr.s. Duggan?
- Fisher.

- It's Fisher now.
- Oh, yes. I'm sorry.

My name is Helen Wilkes.
This is Police Constable Darley.

Is Mr. Fisher in?

Not right now.

I represent the Social Services department
of the local authority.

I wonder if I might have a word?

A word? What about?

Perhaps it might be easier
if we talked inside.

It's as safe a seat
as one's likely to find these days.

They've returned a Tory
every election for the last 40 years.

So the chosen one...

Is on his way to the House. Absolutely.

It's a wonderful opportunity, Jeremy.

Though, we'd be sorry
to lose your services.

- However briefly.
- Not too briefly. One has ambitions.

I've no doubt you're
destined for high office.

Thank you, Peter. Thank you very much.

One must negotiate the first fence
before thinking about Becher's.

After all, I haven't got
the nomination yet.

I am quite sure it's in the bag.

Oh, my God.

It's Michael. He's behind this, isn't he?

Yes, there's been a referral
from Peter's father...

Can't you see he would say anything
to get Peter away from us? He's lying.

I can assure you, Mr.s. Fisher, we never act

without careful consideration
of the whole picture.

Our first duty is to protect Peter.

Protect him from who, for God's sake?

Mr. Duggan has stated that Peter told him

he was being sexually abused
by his stepfather, Terry Fisher.

Peter.

Professor Dixon, what is your
opinion of Deborah Drake's work?

I think it's fascinating.

She's making a very strong statement
about male sexuality.

You see, straight pornography is
about the objectification

and, ultimately, the degradation of women.

Drake's work uses pornographic imagery
to explore ideas of female empowerment.

In my view it contains a valuable critique
of gender roles.

The material in question
is uncommonly graphic.

Yes, but the explicitness,
or obscenity, if we must use that word,

is absolutely vital to
the overall analysis.

Thank you, Professor.

Professor Dixon, isn't it true
that the typical customer for these films

would have little or no awareness
of the finer qualities you detect in them?

I don't know who you mean by typical.

But I think anyone looking
for straight pornography

would have a pretty uncomfortable time.

They're certainly not a
titillating experience.

But are you seriously telling us
that these films are art?

I believe that her video work is exploring
an important dialectic.

There's a strong aesthetic at work here.

Forgive me, Professor,
but was that yes or no?

There is a serious artistic intent.

Is this, or is it not, an?

Yes.

I think it is.

Tea?

Under the terms of the
Children Act of 1989,

we have an absolute duty to act where there
is a risk of significant harm to the child.

We will have to ask Peter to take pan
in a disclosure interview.

- I want to be there when you talk to him.
- I'm afraid that isn't possible.

- Believe me, it's... it's not a frightening process.
- This is a nightmare.

I can't believe you'd pay any
attention to a convicted criminal!

How much more pain
is Michael going to cause us?

It isn't just Mr. Duggan's accusation.

There's the whole pattern
of Peter's behaviour to consider.

The amount of time he's spent
away from school in the past year.

His whole attitude has become
disruptive and antisocial.

He was kidnapped by his own father!
What do you expect?

Believe me, Mr.s. Fisher, if there's nothing in
any of this, we should know it very quickly.

We do have a lot of experience
in this area.

You know, Samantha, I think Terry
might be happier outside the home

for a week or two while
we look into things.

- No.
- It really might be for the best.

He's my husband. He's done nothing wrong!

- Well, perhaps if you put it to him...
- I can't.

He'd think I believed all this.

I can't.

This is a bloody outrage! I'm not a
pervert. I never touched that lad.

- Terry...
- I'm suing you bastards, I'll tell you that!

Please, love, for my sake.

If I ever get my hands on
Duggan, I'll kill him!

How would you describe your occupation,
Ms Drake?

I am film maker and performance artist.

And how did you come to
your present position?

I was stripping in pubs
before I left school,

I worked in clubs and sex shows
and then acted in hard-core movies.

And what did you think about that?

I didn't. I needed the money.

Is that still your attitude?

No. I left all that behind
when I started thinking

about the real relationship
between women and male pornography.

- The work I've done since is totally different.
- How so?

As a woman artist,
I want to provoke, make people think.

What I'm really trying to explore
is the relationship between pornography

and society's attitudes
to female sexuality generally.

Sex is a wonderful field for an artist.

There's still so many taboos operating.

Well, that's why I'm standing here now,
I suppose.

You are something of an industry,
aren't you, Ms Drake?

Magazines, videos, live shows.

It's a prodigious output.

Thank you.
I was always brought up to work hard.

You must have performed in...
what, scores of films?

I don't keep count. Something like that.

Not so many these days.

Why is that?

I really always wanted to direct.

(stifled laughter)

Your films involve repeated acts
of sexual intercourse

in every conceivable form and combination,
don't they?

- I do my best.
- (Laughter)

This is not the moment
for levity, Ms Drake.

It's just a parade of men and women
rutting like farmyard animals, isn't it?

I don't accept that description.

They are having sex.
It is a perfectly normal human activity.

Everybody does it.
Probably even you, Mr. Kavanagh.

No, you must treat Counsel
with more respect, Ms Drake.

I'm obliged, Your Honour. Not to say
touched by Ms Drake's faith in me.

My point is, the feminist manifesto you claim
is behind your work is merely a smokescreen

to legitimise what are nothing more than
dirty movies of a particularly nasty kind.

You know that
and your audience knows that

I don't agree with you.

Very well.

Let us tum to the issue
of your audience, Ms Drake.

Your clientele knows what it wants and that
is pornography and that is what you provide.

This artistic rationale is nothing more
than a cynical ruse, isn't it?

That's not true.
It's serious work with a serious purpose.

What do you think?
Am I going to fall flat on my face?

The jury didn't seem very shockable.

No. Still, you can't always tell.

Good value, wasn't she?

- I thought you disapproved.
- Oh, no. No, I rather warmed to her.

It didn't show. But I suppose that's
the trick, isn't it? Thank you.

I just happen to think that the prosecution
should never have been brought.

Because it's weak?

We're surrounded by soft porn images.
Page 3, dirty magazines.

But when a woman tries
to say something about it,

the law comes down on her
like a ton of bricks.

I wouldn't be too impressed by Debbie's
late conversion to feminism if I were you.

She's got a list of previous
as long as your arm.

Foreman of the jury.

Will you please confine yourself
to answering my first question yes or no?

Have you reached a verdict
upon which you all agree?

Yes.

Do you find the defendant Deborah
Mary Drake guilty or not guilty?

Guilty.

Deborah Mary Drake, you are
a thoroughly corrupt and cynical woman

who has, rightly in my view,
been found guilty of a very serious crime.

Standards of decency are under siege
in every area of public life

and it is my duty to protect society
from the barbarian at the gate.

You will go to prison for one year.

- But I never hurt anyone!
- Take her down.

I never hurt anyone.

A bit more than a slap on the wrist, James.

- All we can do is make the argument, Alex.
- Yes, I do understand that.

It's not my fault if the judge is a sexist old fossil
who got out of bed the wrong side this morning.

Alex...

For what it's worth, I agree with you.

I don't even know if I should go out
and play with him any more.

The local authority inquiry is over, Terry.

Nobody suspects you of anything.

Didn't exactly give me a medal, did they?

They found no grounds for action.
That is all that matters.

Do we have to go over it all
again in court, Miss Winston?

Frankly, Samantha,
you should probably hope so.

There's no real evidence,

your psychiatrist thinks
the father is the problem

and you have a clean bill of health
from the local authority.

All things considered, Mr. Duggan has made
his own position very problematic.

Not half as prob...

Not half as problematic as his position
when I get a hold of him, I'll tell you.

He's trying his best, he really is.

I know. And I intend to make
that clear in my report.

Of course, there's a lot to be said
for EU membership.

But sovereignty is a vital issue, as well.

Would you say you were pro-
or anti-Europe, then?

I would say I'm a firm supporter
of the Government line.

While remaining constructively critical,
of course.

I see.

You're a legal chap. What
about law and order?

I think we have to pursue a very vigorous agenda
of reform in the criminal justice system.

While proceeding with caution
and due respect for tradition, of course.

What about hanging?

I've a very open mind on the subject.

The bulk of the population is in favour.
What do you say to that?

We have to be mindful
of the wishes of the majority.

Would you plan to live in the constituency,
Mr. Aldermarten?

I think that's entirely possible.

We do prefer a local man.

Well, if that's everything?

Thank you, everybody.

Thank you. Bye-bye.

Bye-bye.

I do hope you'll be able to come
to our little soiree.

- The other candidates will be there.
- Thank you. I'd be honoured.

- And do bring Mr.s. Aldermarten along.
- I'm not married.

- Not married?
- Engaged.

Oh, splendid!

- Well, we'd be delighted to meet the intended.
- Thank you.

- The local authority are taking no action.
- I know.

They couldn't find any real evidence.

If the judge decides it's
a frivolous accusation...

My son is being abused, Judy.

I'm his father. I know it.

And in her heart, Samantha knows it, too.

Well, if she does, she
certainly isn't showing it.

- She backed Terry Fisher all the way.
- Well, she would, wouldn't she?

And that woman from the court, Winston,
she thinks I'm lying.

She's always been biased against me.

She's one of those that thinks
fathers can't bring up their own children.

If you take that attitude into court,
you're not going to get very far.

Sorry...

(Sighs) I'm sorry.

It's not always that easy to keep calm.

We'll need a good Family barrister.

- I want Kavanagh.
- No, this really isn't his field.

No, Judy, just get Kavanagh for me.

If anyone can win, it's him.

You must be exhausted.

Come on, I'll take you home.

I don't think I can be on my own right now.

I don't know what you're
complaining about, sir.

It's not every day you get
a nice, fat private brief.

I don't like Family stuff, Tom. There's
no adrenaline. Give me a jury any day.

Don't worry, Mr. Kavanagh. I'll make sure
you get a smart junior to look after you.

Can I have Miss Piper?
This ought to be right up her street.

I'll see what I can do for you, sir.

You must be completely off your head!

We can break up the moment
the selection process is finished.

- Once I'm in, there's nothing they can do.
- You want me to pose as your fiancee?

- Yes. Come on, it'll be a piece of cake.
- We don't even support the same side.

What side is that? Look, it's important.

The Tories are all family values. I'll never
get the nomination if they know I'm single.

You must be mad! Supposing they find out?

Why should they? I'm asking you
because you'll take it in the right spirit.

Tory women are the marrying kind.
They mustn't get the wrong idea.

Or their ghastly mothers.

Please.

Look, there's a bott... two bottles of vintage
champagne in it for you. Please. Please.

A case.

- A case!
- Dom Perignon. And that's just down-payment.

Oh, God. All right. Done.

And no kissing or hand-holding.

Agreed;

I'll think about it.

Julia, you're a brick.
I shall be in your debt forever.

I know. That's what makes
the idea so attractive.

Don't run away, Kate.
We haven't had a chat for ages.

How was that er... that concert
you went to the other night?

Er... Was it Angry... Angry something?

- Rage Against The Machine.
- Oh.

- Er... would I know any of their stuff?
- Not unless you're into rap metal, Dad.

Not that I know of.

Maybe I should give it a listen.

I saw the Stones once, you know,
in Eel Pie Island. '63, {think it was...

Look, Dad, there's some work I ought to do.

Oh, yeah, of course.
Don't let me hold you up.

(Sighs)

Is she serious about this Luke,
do you think?

For now.

Am I being so unreasonable, Lizzie?

No, you're just doing
what you think is right.

I never even had the chance
to tell her the facts of life.

I told her.

You were prosecuting a juicy fraud
at Cheltenham at the time.

I won't disguise from you
that we face an uphill struggle

but a lot has changed since
the original hearing.

There are grounds for optimism.

What about the abuse? Surely that's
what we should concentrate on.

Frankly, there's only so much
we can do with that.

They have the local authority findings,
they have an eminent psychiatrist.

All agree that there is no evidence.

I'll get a psychiatrist.
One who knows what's he's talking about.

I don't recommend it.

There is no reason to suppose
that things would turn out any differently.

Mr. Kavanagh and I believe very strongly
that our best chance

is to concentrate on the home situation.

We know Peter has problems at home and at
school. Problems that didn't exist before.

Now that has to be at the
heart of our argument.

At the very least we feel confident

we can persuade the judge
that your contact should be maintained.

I am not interested in the
status quo, Miss Piper.

I want custody of my son.
I thought that's what this was all about.

Michael, we need to try
and stay very calm, OK?

Er... Whatever you think best, Mr. Kavanagh.

It's just the thought of what
Fisher is doing to Peter.

It's... unbearable.

So what reaction do we find?

Peter?

Peter Duggan!

(Laughter)

Duggan!

(Glass shatters)
- Come here!

Duggan!

Did he say where he was going?

He just kept saying he had
to get to his father.

In the circumstances, I thought...

Pete? What's up, son?

Don't make me go with him!
I'll be good, I promise!

- Peter, what are you talking about?
- Don't make me go with him! I want my dad!

(Sobs) I want my dad!

Michael feels the welfare officer's
always been against him.

Taken a shine to Terry Fisher, hasn't she?

She obviously takes a dim view
of the abuse allegation.

Oh, God, poor Michael.

It really doesn't look
good for him, does it?

Look, Judy,
I... I know this is none of my business,

but you're having an affair
with him, aren't you'?

- Yes.
- And... do you think that's a good idea?

Probably not, but I appear
to be doing it anyway.

He just seems to er...

need me.

Not that I entirely blame her.
He is rather attractive.

There's something very gentle
behind all the passion.

You sound as though
you've fallen under his spell, too.

I might have fallen for him myself
in different circumstances.

He's rather my type -
older, very bright, confident...

but still vulnerable.

A bit rough around the edges.

I'm sorry. You were saying?

Nothing. It doesn't matter.

And finally,
Peter was kidnapped from his school,

and subsequently held for three days before the
father gave himself up to the authorities.

Why don't they sit at the same level?

Because Kavanagh is leading, the Junior
Counsel have to sit a row behind him.

Harmful behaviour by Mr. Duggan.

The mother is applying for an order
terminating any further contact.

On page 19 of the bundle, paragraph 2,

you say that Mr. Duggan
was often aggressive towards you

when he collected Peter
for his regular contact.

Could you clarify what you mean by that?

Michael would always accuse me
of keeping Peter deliberately late,

or say he wasn't properly dressed.

- He always found something wrong.
- Was there any truth in what he said?

I don't think so, no.

You say that on these occasions,
he would shout at you. What did he shout?

He said that I was sabotaging
his relationship with Peter.

He called me all kinds of names.

Was Peter present?

- Sometimes, yes.
- What was his reaction?

It really upset him.

He used to be an outgoing, friendly boy,
but he went more and more into himself.

It got so bad that on days before
Michael's visit, he'd make himself ill.

You state that Peter's behaviour has
deteriorated further since the kidnap.

Can you expand on that?

He's a very bright boy,

but he's lost interest in school.

He's withdrawn and prone to tantrums.

Al limes he's almost uncontrollable.

How would you characterise Peter's
relationship with his stepfather?

They get on very well.

What is your reaction
to the allegation of sexual abuse

made by Michael Duggan
against your husband?

It's total rubbish.

If it wasn't so revolting,
it would be laughable.

Terry is a very normal, healthy man.

What is your feeling about the recent local
authority inquiry into this allegation?

To begin with... l was outraged.

But now I'm glad we had
to go through with it.

I feel we've been totally vindicated.
It's made us stronger as a family.

Why are you applying for this order now,
Mr.s. Fisher?

Because I'm terrified
of what Michael might do next.

I just can't risk having Peter damaged
any more than he is already.

I have to protect him.

Mr.s. Fisher,
it wasn't until you petitioned for divorce

that Mr. Duggan knew that you were
applying for a residence order.

How long had you lived with
Terry Fisher at this point?

Nearly two years.

This is all ancient history,
isn't it, Mr. Kavanagh?

The circumstances of the divorce were covered
pretty comprehensively in the original hearing.

My contention is that subsequent events
put the facts in a new light, m'lud.

Very well, if you're
convinced it's relevant.

What took you so long, Mr.s. Fisher?

I couldn't give him a
proper home until then.

So it was always your intention that Peter
should live with you and Terry Fisher?

Yes.

Why did you tell your then husband
the exact opposite?

I didn't plan it that way.

I just didn't want to hurt him.

It was easier to let things slide.

Easier in all sons of ways.

Terry Fisher was younger than you,

he had a more carefree lifestyle,

little experience of children.

Surely it was easier to
keep Peter out of the way

while you concentrated on your relationship
with Mr. Fisher?

No. It wasn't like that.

Very well.

Let's move on.

It's the case, isn't it, that Peter missed
his contact on two consecutive occasions

a few weeks before
the kidnapping incident.

Why was that?

It's like I said in my statement.

The first time, he had a cold

and the second,
he said he had a headache and felt sick.

I kept him in bed.

When did Mr. Duggan find out
that Peter wasn't able to see him?

When he arrived to pick him up.

You couldn't have phoned
to save him a needless journey?

- No. He'd already left.
- Both times?

Yes.

On the second occasion, Peter subsequently
spoke to his father on the phone

and told him that he did
want to see him after all.

Yes, that's true.

He said something else, didn't he?

Something you omitted from your statement.

Mr.s. Fisher?

He told Mr. Duggan that he wasn't ill,

that you had deliberately kept him in,

and that he would prefer
to be living with him, didn't he?

Yes...

But we'd had a row.

He was being childish.

He was ill earlier in the day.

He got better and then got upset
because he'd had to miss Michael's visit.

It's the sort of thing that children say
when they're angry, isn't it?

That's right.

Is it not the case that Peter repeated his desire
to live with his father on numerous occasions?

But he doesn't know what he's saying.

It's a simple enough question. Yes or no?

Yes.

You told m'learned friend that Peter
was traumatised by the kidnap.

But isn't the truth that the problem
began long before then

and persisted
even when his father was in prison?

The fear doesn't go away
just because his dad does.

There is no physical cioseness
between Terry Fisher and your son.

Peter is clinging and possessive
of your company.

He wants to be with his father.

Surely the facts tell their own story.

Peter is being abused by your husband,
isn't he?

No, he is not!

You say that with complete certainty?

Yes.

You claim the relationship between
Terry Fisher and Peter is a good one.

How does that manifest itself?

I don't know what you mean.

Well... do they play football together?

Terry isn't really a sportsman.

Perhaps they go to the cinema, then?

No. Not often.

What do they do, then?

They... talk.

Just talk?

Does Peter actually do anything at all
in Terry's company?

I've told you, they get on all right.

Mr.s. Fisher, I put it to you
that when Peter is with his father,

he is contented, healthy and hard-working.

Put him in the same house as Terry Fisher,

and the situation is the exact reverse.

Do you still insist
that this is a good relationship?

Yes.

Thank you, Mr.s. Fisher.

FEMALE QC: No reexamination, my lord.

With reference to the matter
we discussed earlier,

I can now confirm
that Mr. Fisher is detained on business.

With your leave, he will testify tomorrow.

Very well, Mr.s. Singh.

- Jeremy!
- Oh, Patricia.

So glad you could make it.

- And this must be your fiancée.
- Julia Piper.

So pleased to meet you. Everyone's here.

Thought we'd pitch the candidates
into the lion's den, as it were.

So tell me, Miss Piper,
when are you going to tie the knot?

Um, we haven't set the date.
Pressure of work, you know.

Do you plan to give up
work after the marriage?

- Certainly not, no.
- Um... To begin with. But in the long run...

Don't let him bully you, my dear.

My view is, if you've got a good career,
you jolly well hang on.

Absolutely right. Absolutely right.

Help yourself to canapés.
I'll see you later, Jeremy.

Just my luck. A Tory feminist.

Can I give you a tip, please, Jeremy?

Yes.

Why not try saying what
you actually believe,

rather than what you think
they want to hear, hm?

Agreeing with everything
makes you look so servile.

They might actually want their
candidate to have an independent view.

Forgive me, Julia, but that shows
just how little you know about politics.

- Aldermarten'?
- Yes.

- Green.
- Oh, how do you do?

- If you're looking for a new car, I'm your man.
- Oh, thank you.

- I'm told you're the one to beat.
- I wouldn't go so far as to say that.

I would. The word is the committee's
split down the middle - you or me.

Well, may the best man win.

In your statement,
you explain what happened on 14th May,

when you arrived for your regular contact
with Peter.

You say that he was deliberately
stopped from coming out with you.

Why do you think that?

I could see him in his bedroom
window, waving. He looked fine.

But Sam said he was too ill to come out.

What happened then?

I lost my temper. I shouted at her.

What did you do next?

There was nothing I could do. I went home.

But later on, when I talked to Peter on the
phone, I decided I had to take action.

Why would Mr.s. Fisher deliberately sabotage
your contact with Peter?

For revenge.

Revenge for what?

I think she's jealous of the relationship
between Peter and me.

He's just never responded to her
in the same way.

There's another incident referred to in your
statement, the missing birthday present.

Can you expand on that?

I sent Peter a gift for
his birthday this year.

Samantha told me that it never arrived,
that it must have got lost in the post.

Why did you not accept that at face value?

Because Peter said Fisher told him
that I hadn't sent a present at all

and that I didn't love him any more.

What else did Peter say on that occasion?

That Samantha said it proved Terry
Fisher was more of a father to him now.

That's not true! It's just total paranoia.

Do you believe everything he tells you?

Always. I brought him up to tell the truth.

You agree with Mr.s. Fisher that Peter was
often disturbed after his visit with you?

Yes, but for the opposite reason
than the one she gave.

He didn't want to go home
because of Terry Fisher.

Because of Terry Fisher.

I know this may be upsetting to you,
Mr. Duggan,

but if we could turn to
page 76 at this point.

While you were on the run with Peter,

you state that he told you that Fisher was
behaving towards him in an improper way.

Now, what did he actually say?

He said he didn't like it
when Fisher touched him.

What did he mean?

He found it very hard to say.

He behaved in a very guilty way,
as though he was ashamed.

But in the end, he told me that Fisher would
often come in when he was in the bath...

and offer... to wash and dry him.

He said...

Take your time, Mr. Duggan.

He said that he...
touched him down there.

What did he mean?

He meant intimately.

What was your reaction?

I just couldn't take it in at first.

And I know this sounds stupid,
but I'm afraid I got quite angry with him.

How did he respond?

He stuck to his story.

Do you now regret abducting your son?

I know that it was... (Clears throat)

wrong to take the law into my own hands.

But if I hadn't done it, I would never have
found out what was happening to Peter.

Mr. Duggan, why did you wait so long

before reporting what you say Peter
told you about the alleged abuse?

I wanted to spare him the pain
of an inquiry.

I knew he'd have to see doctors,
psychiatrists, God knows who else.

And that would have been worse
than being abused?

Of course not.

I had this idea that if I
waited till I was released,

I might get Sam to do something
without making it all public.

Such as?

Leave Terry Fisher
and take Peter with her, I suppose.

What changed your mind?

The application to sever contact.

I realised then I'd never make her see
sense and I knew I had no choice.

What do you say to the fact that Peter has
never repeated this abuse story to anyone?

He's frightened.

He may be blaming himself for causing
trouble or trying to block it out.

At his disclosure interview
with the local authority social workers,

he said nothing about any abuse.

I can't help that.

These are highly-trained,
sympathetic people.

They found not one scrap of evidence
to support your story.

And they've known him two weeks.
I've been there all his life. He trusts me.

- But you know better than all the experts?
- I know my own son.

- This abuse story, it's just a cynical ploy, isn't it?
- No.

- Peter never said a word about Terry Fisher.
- Yes, he did.

What were your feelings about Fisher
before the abduction?

I wasn't a leading member of his fan club.

I think a straightforward
answer will suffice, Mr. Duggan.

- Would you agree you hated him?
- I don't hate anyone.

Oh, come along, Mr. Duggan! R's a little late
to present yourself as the forbearing type.

I thought he was a complete jerk.

God knows what Samantha sees in him
but that's her problem.

I couldn't have cared less
until he started abusing my son.

Ah, but he didn't, though, did he?

You concocted this whole story

in a misguided effort to get Peter back

and to take your revenge against an
adulterous wife and the man you hated.

No. That's not true.

Miss Winston, I'd like to see
Master Duggan first thing tomorrow.

Say my chambers, 10 o'clock.

My lord.

All rise.

Long time since I've seen you dive into
a drink as if your life depended on it.

It's that kind of brief.

Is it bad?

All that rage and hatred pouring out of
people who must've loved each other once.

You catch yourself thinking,
"There but for the grace of God..."

I mean, what if that had
happened to us, Lizzie?

- But it didn't happen.
- Would we have been any different?

Would we have ended up
tearing each other apart over the kids

if some Miles Petersham or other
had come along earlier?

It wouldn't have mattered who would have
come along, I wouldn't have been interested.

And I bloody well hope
that you feel the same way.

Look, I've been thinking about Kate...

Don't tell me,
you've decided she should become a nun.

Good God, am I such a Victorian father?

The fact is, Jim, if they're going to do it,
which they are, whether we like it or not,

I'd rather she did it here,
where I can keep an eye on her,

than down some seedy Lovers' Lane
with a maniac lurking behind every tree.

(Knock at door)

Is this a good moment?

Look, erm...

this Luke.

How serious are you about him?

I really like him, Dad.

You're both very young.

I could have been married
for nearly two years.

That's true.

I've always thought of you
as being very sensible.

I know all about safe sex and everything.

You don't have to worry about that

Oh.

Oh, well... l won't, then.

- And Luke's parents? What do they think?
- Oh, they're really cool about it.

Yeah, I thought they might be.

Well, your mother and I have been talking
and er...

we both think you're old enough
to know your own mind.

If you want Luke to stay
over, once in a while,

then we're not going to object.

Not much, anyway.

Thanks, Dad.

Strictly weekends, though.

Schoolwork comes first.

Deal?

Yeah.

Well, now, Peter.

Come along and sit down.

I think it's time you and
I had a little chat.

Isn't it?

Ah, the orange cream. How exasperating.

It's my favourite.

Mine, too.

Still... you got there first.

Now, you understand why I've asked you
to come here, don't you, Peter?

I think so.

You see, everyone, including your mother and
father, is trying to do what's best for you.

But um... they can't agree what it is.

So they've asked me to decide.

Now, if it was up to you, Peter,
where would you like to live?

With my dad.

Wouldn't your mother be sad
if you went to live with your father?

Yes. But she's got Terry
and Dad's only got me.

You know your father did a very bad thing
when he took you away without permission?

But he told everyone he was sorry.

I suppose you really enjoy being with your
father because he lets you play all the time?

Well, we do play football together.

But he makes me work hard
cos he says I've got to do well at school.

And he doesn't let me have sweets
cos he says they're bad for me.

He's not like Terry.

How's that?

Well, Terry says I can
have whatever I want.

- Why do you think he says that?
- {don't know.

I think...

I think he wants me to like him.

And er... do you like him?

No! I hate him!

Do you have children, Mr. Kavanagh?

Two. A girl and a boy.

Then you'll understand why I'm doing this.

Have you considered remarrying, Mr. Duggan?

Just so I can get betrayed again?

Doesn't have to go that way, surely?

Children are the only ones you can rely on,
Mr. Kavanagh.

Theirs is the only unconditional love.

I'm afraid I don't agree with you.

Then you've been a luckier man than me.

Think carefully now, Peter.

Did you say anything to your father
about a nasty thing Terry did to you?

I can't remember.

I might have done.

No-one's blaming you for anything, Peter.

Take your time.

It's not a pleasant matter, Peter,

but I know that you're old enough
to understand what's going on.

Is there anything at all
that you want to tell me about?

All right, Peter.

Now, you told me just now
that you hated Terry.

Why did you say that?

Because he stopped Mum and Dad
being together.

And cos he makes my mum cry.

How does he do that?

I heard him shouting. Then Mum was crying.

What was he shouting about?

I don't know.

Did this happen often?

Quite often.

All right, Peter.

Miss Winston will see
you get safely back to school.

As a consultant child psychiatrist

to what would you attribute
Peter's disturbed behaviour?

R's hard to be definitive, but in my
view the natural trauma of separation

has been compounded by the father's
demanding and highly aggressive behaviour.

You are saying that the father's actions
are the likely cause of Peter's problems?

I'm saying it's a strong possibility.

Thank you, Doctor.

Doctor Grindlay, is Peter's behaviour
consistent with abuse victims?

In some respects.

In the light of that, do
you feel totally confident

that there has been no physical abuse
in this case?

On the evidence, I would be extremely
reluctant to make such a diagnosis.

But you concede it is possible?

No. I don't think that's the
situation in this case.

In your report, you note that Peter's
attitude towards his stepfather

is consistently hostile, don't you?

That's true. Peter became uneasy and
agitated when he spoke of Mr. Fisher.

- Didn't that strike you as highly significant?
- I agree it was an extreme reaction.

Yet you place the blame for Peter's behaviour
squarely at the door of his father.

My feeling is that the father is
the main cause of the problem.

Peter showed extreme hostility
towards Mr. Fisher,

spoke affectionately of his father,

and yet you still say Mr.
Fisher is not the cause?

I would not entirely disregard
the relationship with Mr. Fisher

as being a contributory factor
in a difficult scenario.

So you agree that Terry Fisher and the home
environment are part of the problem?

- That's putting it very simply.
- But it is broadly what you are saying?

Yes. I suppose so.

Thank you, Dr Grindlay_

I think Mr. Fisher is doing his best.

And in the circumstances, the family
is coping as well as can be expected.

What about the lack of closeness
between Peter and Terry Fisher?

It doesn't surprise me,
given all that's happened.

I think with time to heal,
the relationship will normalise.

Is that possible if the father continues
to play a physical role in Peter's life?

I've thought very hard about that.

I came to the conclusion that Mr. Duggan is
placing an emotional burden on Peter

that he simply cannot cope with.

That is why I've recommended

everything except written contact
should be suspended for the time being.

In your report, you say that Mr. Duggan is
a caring and committed father, don't you?

I also say that he's highly demanding
and, at times, overbearing.

Peter told you repeatedly
that he wishes to live with his father.

He did, yes.

Don't you believe him?

I think he's taking responsibility on
for his father's happiness.

He is thinking of what his father wants,
rather than what he wants.

Peter is an articulate and thoughtful boy.

Is it not eminently possible that he
really does want to be with his father?

He may well be sincere. But that doesn't
mean it's the right thing for him.

You agree that the relationship between
Mr. Fisher and Peter is not a happy one?

- I think it's a temporary problem.
- What makes you think that?

I've watched the relationship develop
over the past two years.

There were no significant
problems at first.

I think the deterioration is largely due
to the pressure from Mr. Duggan.

Are you really saying there is nothing
else wrong in this relationship?

Nothing of great significance.

Mr. Fisher,

what was your reaction when you were told
about the abuse allegations?

I felt sick. It's a load of...

It's totally false.

I'm the real victim here.

How would you characterise your life
as a family, Mr. Fisher?

Very happy-

All I ever wanted was for me and Sam
to be together.

With Peter, I mean.

ALL: ♪ I feel so broke up, I wanna go home

(Bell)

Right, thank you very much, boys.
Off you go.

TEACHER: Quietly.

Were you often alone with Peter, Mr. Fisher?

Yeah, of course. From time to time.

Did you ever go into the room
when he was having a bath?

- I might have done.
- Why?

I don't know.
To er... To wash or shave or something.

- I can't wait all day for him to come out.
- Did you ever wash or dry him'?

No way. He's a big lad.

Did you ever touch him when he was naked?

No!

Are you fond of children, Mr. Fisher?

Not in the way you're after.

It was a general question.

Yeah. Kids are OK.

Then I expect you were eager to meet
Samantha Duggan's son?

Well, yeah.

How eager?

- I was keen, you know?
- Fm afraid I don':

In fact, it was actually very nearly
two years after you met Samantha

before you saw Peter Duggan.

That doesn't sound very keen at all.

It was difficult.
There was a lot of anger and harsh words.

It was easier for Sam to visit on her own.

Purely as a matter of interest, when did you
first find out that Samantha had a young son?

Um... I don't remember.

Was it five minutes after you met?

A week? Six months?

- Roughly?
- I don't know.

Months, I suppose. It just never came up.

Months? That's rather
extraordinary, isn't it?

The woman with whom you were having
a passionate affair

didn't mention that she had a son?

It wasn't deliberate like that.

You don't actually like children, do you,
Mr. Fisher?

I might have said something to her
about not liking kids once.

Once. Early on. It was just pub talk.

She only told you about it
when she was sure enough of your affection.

I suppose so. That was her problem.

Now, let's look at a more recent instance of
this warm relationship you have with Peter.

On March 2nd of this year,

Peter wasn't collected from school
after a museum trip. Why was that?

March?

I don't remember.

I would have thought you might, Mr. Fisher.

By all accounts, there was a row between you
and the teacher involved when you did turn up.

Oh, right. Oh, I've got you.
I couldn't be everywhere at once, could I?

I mean,
I had to pick Sam up first from the...

- From where?
- The (arm...

The clinic.

The clinic, Mr. Fisher? What clinic?

Sam was having women's problems,
you know.

- I'm afraid I don't.
- Um...

It's personal.

Answer the question, please, Mr. Fisher.

She um...

She had an abortion.

In the circumstances, Your Lordship may
wish to hear from Samantha Fisher again.

Yes, I think that might be appropriate.

Mr.s. Singh_

So, to clarify, Mr.s. Fisher,

you are saying that your reason
for going through with the termination

was out of concern for your health?

I'm nearly 40.

- There's a lot of risks with late babies.
- Of course there are.

Did you want to keep this baby, Mr.s. Fisher?

I might have liked a baby with Terry.

- He didn't want a child, did he?
- He was worried about me.

Isn't it actually the case that Terry,
whom you knew had no liking for children,

and who resented your son, Peter,

insisted that you have an abortion?

It wasn't like that. It
was a mutual decision.

You're devoted to Terry, aren't you?
You'd do anything for him.

Is that wrong? He's my husband. I love him.

Love him so much that you would have
an abortion that you didn't want

and conceal the existence of a son you
did have in case he rejected you.

You make it all sound...
planned and calculated.

I always intended that we should
be together again as a family.

Perhaps. But a family where Peter's needs
emphatically came second to your husband's.

Isn't it true, Mr.s. Fisher,
that at start of the abuse investigation,

you were advised it would be in your best
interest if Terry left home temporarily?

- Yes.
- But he didn't, did he?

It was unfair. He hadn't
done anything wrong.

It was more important to you
not to be separated from him

than to protect the best
interests of your son.

I wouldn't allow any of Michael's rubbish
to pollute our home!

Isn't this another example of your husband's
interests coming before your son's?

It was nothing but lies!
Peter had no idea what he was saying.

I never believed him for a second.

Peter?

You said Peter, Mr.s. Fisher.

Michael. I meant Michael.

I don't think you did, did you?

Did Peter say something to you
about Terry Fisher?

You must answer, Mr.s. Fisher.

Yes.

What did he say?

That Terry had touched his private parts.

This was before Mr. Duggan reported
the allegation?

Yes.

What did you do?

What did you do, Mr.s. Fisher?

Nothing. It wasn't true.

You did nothing?

No.

- You didn't say a word to anybody?
- No.

- Not to the social workers?
- No.

- The psychiatrist?
- No.

- The boy's father?
- No.

- Did you tell Terry Fisher what Peter had said?
- Yes.

- What was his reaction?
- He was very angry.

- He denied it?
- Of course. It wasn't true!

What exactly did he say?

That either I backed him...

or I'd never see him again.

So you told Peter to keep quiet?

It was better that way.

If it wasn't true, what was
the point of stirring everything up?

The truth is, Mr.s. Fisher,

that you couldn't bring yourself to admit
that the man you adored,

whom you needed more than anyone,

was capable of doing something like this.

You rejected a can for help
from your own son.

JUDGE: This is a difficult case.

One that gives me a great deal of concern.

However, having considered the situation
in a fresh light...

the fact that Peter Duggan lived with his father
for two years after his parents separated,

in what appears to have been a satisfactory
arrangement, weighs heavily with me.

I am also persuaded that on the balance of
probability there is something gravely wrong...

with Peter's present
family circumstances.

And therefore, with some misgivings,

I am going to grant Mr. Duggan's
application for residence.

We did it!

All rise.

- We've won.
- I know.

There are no words for what I feel.
Thank you.

DUGGAN: Peter?

Peter? What are you doing here?

Are we going home now, Dad?

Yes! Just like I said.

- All of us?
- Not straightaway.

- You're coming home with me.
- What about Mum?

Well, I'll explain everything later.

- When? When is she coming?
- You have to go with Daddy, darling.

- You promised we'd be together!
- I can explain.

You promised! You said if I said all those
things about Terry, Mum'd come home!

- Shut up! You'll ruin everything!
- You lied to me!

- He doesn't know what he's saying.
- He said I could put it all right.

(Sobs) You lied to me!

I had the right.

He's my son!

JUDY". I mean, the hostility towards Fisher
was real enough.

Duggan just built on that.

God, he coached him so effectively.

It seems incredible that a boy of his age could
have sustained a lie like that for so long.

There'd been so much anger and unhappiness.

He really thought it was up to him
to put things right.

(Sighs)

But you know Michael will never give up.

He perjured himself.
He could be looking at two years inside.

No, believe me, I know him.

He'll just count the days until he's out
and then start again.

Anyway...

Judy-

I'm OK.

Tom, get me a burglary,
get me a good assault,

get a GBH, even a murder.

Get me anything criminal, even if
it's "drunk in charge of a bicycle!"

But don't get me a flaming Family!
All right?

(Knock at door)
- Yeah?

They selected the bloody car dealer!

Can you believe it?
God, politics is a dirty business!

Oh, Jeremy, I'm sorry. Maybe they just thought
that your future wife wasn't up to snuff.

It's not funny, Julia. It'll take me
ages to find another seat like that.

A car dealer! No wonder this
country's going down the pan.

Oh, don't be such a snob.

Let's have a drink. We could both use it.

As it happens, I've got
some rather good champagne in my room.

Ha-ha! Highly droll.

MAN ON TELEVISION: There's nothing new or
unexpected I think that we'll find there.

Well, I'm bushed.

Good night, then.

Good night.

- Good night.
- Night.

(Door opens)

- Good night, Dad.
- Good night, Kate.

Is Luke not staying, then?

Maybe some other time.

I don't understand.
What was all the fuss about, then?

Maybe establishing the principle
was the main thing.

(Chuckles)

- What was that about?
- I don't know.

Counting a few blessings.

Time for bed, I think.

Yeah, me too. I'm exhausted.

That wasn't what I meant.

Oh.

Good.