Kavanagh QC (1995–2001): Season 2, Episode 3 - The Burning Deck - full transcript

Goodbye, love.

(Whistles)

This is a warrant,
by Admiral Sir Richard Catesby,

Knight Commander of the Bath,

Admiral in Her Majesty's Fleet,
Flag Officer Port Solent

Whereas Lt Commander Hugh Mills,
Banister Royal Navy,

of the Staff of the Flag Officer
Port Sotent has transmitted to me

a letter alleging the misconduct
of Lt Ralph Edmund Gordon Kinross,

Royal Navy, of Her Majesty's Ship Merlin

and Marine Engineering Mechanic
Mechanical 1st Class Patrick William Jones,

(door opens)



Service Number D677329F,

of Her Majesty's Ship Merlin.

I do hereby,
in exercise of the powers conferred on me,

order a court martial to be held for the trial
of the said Ralph Kinross and Patrick Jones.

Time to go.

You'll be fine. Don't worry.

Yes.

Thank you.

CATESBY1 You are to assemble
the court martial on shore

at HMS Hawke at 0930 on 5th September, or
as soon afterwards as circumstances allow.

TREDINNICK: March in the accused.

Aye-aye, sir.

- March in the accused.
- Accused, quick march.

Salute.



Sir, the prosecutor is Lt Commander
Hugh Mills, Barrister Royal Navy.

Good morning, sir.

Mr James Kavanagh, Queen's Counsel,
is the Accused's Friend for Lt Kinross_

- Good morning, sir.
- Good morning.

Miss Eleanor Harker, Queen's Counsel,
is the Accused's Friend for MEM Jones.

- Good morning, sir.
- Good morning.

The Clerk of the Court will now read
the warrant assembling this court.

CLERK". This is a warrant,
by Admiral Sir Richard Catesby,

Knight Commander of the Bath, Admiral in Her
Majesty's Fleet, Flag Officer Port Solent ..

Now, as God is my judge, Peter,
I promise you, in the family way,

and if the bush telegraph
is to be believed,

put in that condition
by a be-dreadlocked, ganja-dealing...

- Hello, Alex.
- Peter.

Morning.

Client she defended.

And so, farewell then, Bunty "bury
me in a Y-shaped coffin" Heyhoe.

There you are. If God
had wanted women to practise at the Bar...

JULIA: Morning, chaps.

- James in?
- First day of the court martial. The arson.

Arson? Oh, this Vice-Admiral Kinross's son?

Got a feeling that might still
be a capital offence, you know,

setting fire to Her Majesty's dockyards

I think you'll find
gibbets went in the last defence round,

along with yardarms - highest,
and baccy - rough shag.

I shall miss dear old Bunty.

Ah, well.

The joy of contracting with persons
of unsound mind awaits me in Southwark.

Jules. Call first thing from David.
Wants to know if you're still on for lunch.

- Oh, great.
- David... David...

The boy cricketer from last summer?

- Still seeing him, are you?
- Yes.

Want to see the video?

That you, the accused,
without lawful excuse,

damaged by fire an accommodation block
belonging to the Ministry of Defence, Navy,

intending to damage the property,

or being reckless
as to whether property would be damaged

and being reckless as to whether
life would thereby be endangered.

Lt Kinross, how say you,
are you guilty or not guilty?

Not guilty, sir.

Can I help you, madam?

I was looking for something.

For yourself?

On 7th July last, at approximately 2030,

local emergency services
were called to HMS Hawke

to deal with a fire
in Accommodation Block Hood.

Thankfully, there were no casualties,

most of the men quartered in the block
being absent on a regular run ashore.

As it was, the fire gutted
much of the 7th floor,

causing damage to property
in excess of £50,000.

The resulting inquiry revealed

that the fire originated in a bunk on
the 7th floor, assigned to MEM O'Brien.

The accused doused O'Brien's bedding
with an accelerant, namely lighter fuel,

which they then ignited.

The can which held the fuel

was later recovered
from a ground-floor gash chute.

When examined,
it was found to bear Jones's fingerprints.

Also, an engraved silver cigarette lighter,
identified as belonging to Lt Kinross

was found on the 7th-floor
fire escape landing.

That, too, in addition to Lt Kinross's
fingerprints, bore those of MEM Jones.

Lt Kinross was seen
emerging from the ground-floor fire exit

at about 2025 by Chief MEM Evans.

Now, in the opinion of the Fire
investigation Unit who examined the scene,

by 2030, when Jones raised the alarm,

the fire had already been burning
for upwards of 20 minutes.

Sir, it is perhaps unusual to find an officer
and a rating co-defendants on such a charge.

However, the association
between Lt Kinross and MEM Jones

predates by a good many years
their meeting on board HMS Merlin.

They had been boon companions as children,
their families both coming from Hexham_

Indeed, Jones' mother
had served the Kinross family,

in a catering capacity,
on numerous social occasions.

Now, last September,
Jones lent a sum of money,

£300, to MEM O'Brien.

You might think, sir, that Jones would
have done well to take Polonius' advice,

that he should "neither a borrower
nor a lender be, for loan...

for a loan..."

"oft loses both itself and friend
and borrowing dulls the edge of husbandry."

MILLS: Yes. Indeed.

The debt soon became a source of friction
between Jones and O'Brien.

Friction turned to hatred,

open hostility, and eventually, violence.

Hoping, no doubt, to frighten O'Brien
into repaying the loan,

Jones sought to involve
Lt Kinross in the matter.

In this dispute, Lt Kinross
put friendship before duty at every turn,

a decision which so weakened
the position of Merlin's officers

that the Commanding Officer,
Commander Pilgrim,

was left with no choice
but to have him landed from his ship.

No, no... it's for two.

Yes, I'm sorry, I'm still here.

Yes. It's Smith. Elizabeth Smith. Mrs.

Oh, and Mr Smith, of course.

HARKER: Why is it, do you think,
the defendants chose civilian counsel?

DRISCOLL: Well, that you would
need to ask your client.

But some men don't feel
one of their own would be impartial.

An erroneous view, nevertheless...

Lt Commander Mills could hardly be
described as one of .Jones's own.

Jones is a rating, isn't he?

So was Lt Commander Mills. Golly,
weren't you? Electronic Warfare Rating.

Indeed, sir. Until my eyes started to go.

DRISCOLL: Too long in the gloom room.

Hopped over into the White Mafia, the er...

Supply and Secretariat Branch,
and thence to us.

By way of the Bar, sir.

So, you see, Miss Harker,

however class bound you might perceive
the service, talent will out.

Do you know Portsmouth at all, Mr Kavanagh?

No. No. I've meant to
come down often, but...

If they can have civilian counsel, why
can't they have a proper judge and jury'?

Eleanor...

This was an offence committed
by MOD personnel against MOD property.

I think you'll find the court's martial
as fair as any civilian court.

Ah, Miss Harker,

I believe you're the trout.

Marry you?

You do love me?

Of course I do,

but... marriage?

Look, babe,

why don't we...

co-habit for a trial period?

Six months or so? See how it goes and...

What?

My FO posting came through.

- Where?
- Nairobi.

- Three years.
- When do you go?

In a month. Long enough
to get the banns read.

What?

I... I don't believe this.

You know full well you're off
to Happy bloody Valley in a month's time

- and you've got the cheek to ask me...
- I know it's short notice, Julia.

That is not a proposal,

it's a game of Beat The Clock.

You expect me to drop everything and follow
you halfway around the world just like that?

I've got a career, you know.

- I've worked damn hard to get...
- They have barristers in Kenya.

I know.

Julia...

Impressive, isn't it?

That's the HMS Jervis Bay.

She was a light-armed merchantman
called to duty in the Second World War.

5th November 1940,

she was escorting a convoy of some
30-odd merchant ships in the mid-Aflantic_

It was late afternoon, no warning, the German
pocket battleship Admiral Scheer appeared.

Out-gunned, out-ranged, and in the full
knowledge he was facing certain death,

without hesitation, her captain turned Jervis
Bay towards the Scheer and engaged her.

And did he win?

He fought for half an hour,
but she was sunk beneath him.

He wasn't among the survivors.

Captain Edward Fogeny Fegen. RN VC.

Posthumously awarded.

Yes.

So much easier to deride heroism
in peacetime, isn't it?

Liberty's cheap
when somebody else pays the soot.

That half an hour bought by the Jervis Bay
gave the convoy time to scatter, Mr Kavanagh.

Captain Fegen's selflessness
saved innumerable lives that day.

It's Boy's Own stuff, no question.

This boy's own, certainly.

- Bit nervous, lad?
- A bit, Chief, yeah.

There's no need to be.
You've done nothing wrong, have you?

We know who torched the bunk.

All right. Put it out. Put it out.

- Sir.
- Chief Evans, I'm sorry to keep you waiting.

Ah, mills of God, sir. Mills of God.

I don't think we'll get to you today.
Tomorrow without fail, I promise.

Mr Kavanagh? Hello, I'm Helen.
Ralph's sister.

Yes, of course. How do you do?

Could be better.

My... My father's not even admitting
the possibility, and Rafie won't say,

but if things don't work out...

I mean, could he go to prison?

Please,
I just want someone to be honest with me.

Yes, he could go to prison.

It's a very serious offence
he's charged with.

But that's not going to happen.

Helen.

- Thank you.
- Someone I want you to meet.

You all right?

You put a few away at lunch.

I don't think that's any
of your business, is it?

I offered to repay what I owed in instalments,
but Jonesy wanted it all back in one go.

Things got bad between us.

Well, he put it about that I was a welcher.

MILLS: And what did you do?

I went and had a word with Chief Evans,
get it sorted.

You don't need that son of
grief below decks, sir.

What did Chief Evans say?

He got us together and
laid it out for Jones.

Said I couldn't pay it all back in one go,
and that he would just have to accept it.

Next thing I know, I get
a visit from Lt Kinross.

Jonesy had been to see him,
put his side of the saga.

- How usual was that?
- Well, it wasn't.

What did Lt Kinross say
when he came to see you?

He said Jones had told him that the lads
had, like, been giving him a hard time.

In what way?

Well, Jones hadn't got his shake
for the middle watch a couple of times,

so he, being late, he got
his knuckles rapped.

He thought he'd been left to oversleep
so he would get into trouble.

And how close was that to the truth,
as far as you were aware?

If it was meant, then, you know...
that was something beyond my control.

Lt Kinross had also spoken to the other
hands and asked them to leave Jones alone.

And what did the other
hands feel about that?

Well, the standard "were they at it,
or weren't they?" sort of thing.

- Yes, I see.
- Well, you know, it was just the lads being...

But I mean, seriously, if there was
any sympathy for Jones, that was it.

- How do you mean'?
- Well, he got some stick.

No more than he deserved, but...

Well, there was a few practical jokes.

Sending him around the ship
on false errands and such like.

MILLS: What was Jones' response
to the practical jokes?

Well, he went manking
to Lt Kinross, as per.

The Lieutenant came to visit me again.

He warned me that I was standing into danger,
and if it continued, he'd bring in the Jess.

And what did you say?

I'd already told the lads
that enough was enough,

but by that time,
it was all going ahead under its own steam.

The boys resented Jonesy
giving himself airs.

Airs?

A bit of a CW candidate, you know?

Always took a lot of trouble
with his appearance and that. His rig.

So, someone went off to the heads
with his steaming bats and er...

crimped off a length in 'em.

DRISCOLL: Mr Kavanagh?

Sir, I'm finding the evidence of this
witness somewhat difficult to follow.

Bring in the Joss?

CW candidate?

Steaming bats?

Crimped off a length?

DRISCOLL: Yes, of course.

The Joss, or Jossman is the Master-At-Arms_

A CW candidate is our term for a rating
thought to have officer potential.

Steaming bats are heavy naval boots

and to crimp off a length is to...

void.

I'm obliged.

How did Jones react to this
latest practical joke?

He lost the bubble, didn't he?

He came into the galley accusing me of
doing it. Ended up with a bit of a set-to.

What was the outcome of that?

We were both up before Commander Pilgrim
on defaulters.

He gave us a warrant fine
and ten days number nines.

How did you feel about that?

- Ah, well, that's life in a blue suit, sir.
- And Jones?

All he could see was that, with the warrant
fine, his VG conduct had gone for a Burton.

He said he would son me out
next time we was alongside.

MILLS: How seriously did
you take his threat?

Oh, very.

I mean... you know, if it was going to be
a dust-up, I knew I could handle myself,

but someone like Jonesy
don't come at you head on.

You know what I mean?

Setting fire to your bunk.
That's pretty snide, ain't it?

Still, it could've been worse.

In what way?

Well, I could have been in it.

(Whistle)

Hold it!

Ah, couldn't you have waited a few seconds?

- It's not my fault, mate.
- You were only obeying orders.

There'll be another one along.

(Steam hisses)

Sorry.

It's all right. What is it?
What's the matter?

- It's Neil.
- Your Neil?

Not any more. Not my Neil.

Her Neil.

Sorry. I swore I wouldn't...

There's... someone else.

He left.

Last night.

He left me.

But...

I mean... just out of the blue?

No.

It's been the past year.

Do you know how old she is?

24.

When we were saying cheese outside
bloody Chelsea Registry, she was eight!

Maybe it's a...

{don't know, a...

mid-life thing... a crisis.

You read Cosmo.

Men have them.

You didn't.

You think the thought
never crossed my mind?

(Keys jangle)

(Door closes)

Champagne, I think.

HARKER: Now, prior to your falling out
over the money, you and MEM Jones

had been on good terms?

Well...

Good enough terms for him to lend you £300,
at least?

Yeah, I suppose so.

Subsequent to the incident involving his
boots, and the fight which followed,

MEM Jones came to make his peace with you.

He came to see me, yeah.

He told you he'd found out who the culprit
was and that he knew you weren't to blame.

Yeah.

He apologised and you shook hands.

- Yeah.
- And that would have been when?

- Early April?
- About that.

So, by the time you returned to port in early
May, you had, in fact, made up your differences.

I wouldn't say we'd made up, as such.

The money was still a problem.
After what had gone on, I didn't trust him.

But, as far as you were aware,

the practical jokes stopped then, did they?
When he apologised.

- Yeah.
- Yes.

What exactly did you lose as a result of the
fire at Accommodation Block Hood, MEM O'Brien?

Some personal stuff. Some pictures
of my lad, which I can't replace.

Letters... That sort of stuff means a lot
when you're away for six months at a stretch.

But nothing of great financial value?

Well, it wasn't about money, was it?

It was about him getting me back
for losing his VG conduct.

The truth is, you know,

that MEM Jones could have chosen any one
of 100 better ways to extract his revenge

if that was his wish.

But, as far as he was concerned,
the vendetta was over.

You don't know what was going on
in his head any more than me.

His fingerprints were on the lighter and fuel
can. No amount of arguing will change that.

- He had it in for me.
- But MEM Jones tried to contain the fire.

Sir.

Not the actions of a man
who “had it in for you“.

Sir, this witness can't say whether
MEM Jones tried to contain the fire.

No more than he can say he started it.

No, it's accepted that Jones
raised the alarm, Miss Harker,

but what action he did or didn't take with regard
to dealing with the fire is anyone's guess.

ALEX". Have you talked to Peter?

He'll implode.

It was only Jim's lobbying that got me
into River Court in the first place.

Peter gave me five years, tops.

You're past that.

Not by much.

If I throw in the towel now, I'll put
back the cause in River Court 20 years.

But if you love him...

Yes.

That's the rub.

(Phone rings)

Hello?

(Mouths) OK.

Look, David, I asked you not to call.
Right?

I'm sorry. Sorry.

(Door rattles)

- Julia, I was wondering...
- Not now, Jeremy. Go away.

- Is something the matter?
- Go away. You're all bastards.

- I'm not.
- Go away and leave me alone, right?

I wouldn't go in there, if I were you, she's
a bit umpty. Got painters in, I expect.

We didn't think your trip down
would be complete without a quick tour.

No. It's fantastic.
And she still flies the White Ensign?

The flagship of the Royal Navy, Mr
Kavanagh. Never been decommissioned.

What going to war in one of these
must've been like, by God...

Yes. There's been a few changes
since Lord Nelson's day.

But not so many as you'd notice.

We have our traditions,
like any long-established organisation.

But we no longer pressgang, or keelhaul.

And the ladies, of course, sir. At sea.

Yes. The monstrous
regiment marches ever on.

You disapprove?

I can appreciate a well-turned calf
as much as the next man.

Oh, God.

What you must understand, Miss Harker,
is that unfortunately,

in many cases, the next man
is not possessed of my self-restraint.

And it's not just the men, either.

- Sex is a powerful instinct.
- Really?

Anything which adversely affects the
morale and fighting efficiency of a ship

cannot be condoned, let alone encouraged.

Yes. Well, I think perhaps
we should be getting back.

- Thanks...
- No. No. All work and no play...

Yes. It was most enlightening.

KAVANAGH: In the "remarks" section of your
Divisional Officer's report from last year,

Lieutenant Kinross wrote,

"Chief Evans runs his section
of the Marine Engineering Department

as his own personal fiefdom.

Indeed, it is difficult to find any part of the
ship into which his influence does not reach.

Any rating who questions the more eccentric
aspects of his regime is bullied into compliance

or ostracised by his shipmates,
fearful of Chief Evans's displeasure.“

Under Naval Regulations,

when will your eligibility for the rank
of Warrant Officer be considered again?

That was my last assessment.

If you had been promoted,

your service would have been extended
by five or ten years, wouldn't it?

Yes, sir.

And achieving the highest rank
to which a rating may aspire

would have brought financial rewards,

an increased pension and so forth'?

It would, yes.

And damaged your financial prospects,
just like that, with the stroke of his pen.

Well, they do say it's
mightier than the sword, sir.

And you're asking the court to accept
that you felt no bitterness towards him?

Well, I felt a bit... slighted.

Merlin being the first time
he'd put to sea on active duty.

But in the best tradition of the service,

I thought a few words to the wiser would
make things a little bit easier for him.

None of us are that clever that we can't
benefit from good and well-meant advice.

Indeed.

And was this a reciprocal arrangement,

or was it a case of an old sea dog
and new tricks?

On the night we're concerned with, there
was some sort of entertainment in town.

There was a run ashore, sir, yes.

The men were already ashore, weren't they?

Well, not in Naval terms, sir.

This base, although on dry land,
is still one of Her Majesty's ships.

Once through the perimeter,
it is classed as going ashore.

Indeed.

Indeed. That is the correct Naval term.

KAVANAGH: Yes. Thank you.

You didn't go. Why was that?

Well, I told my wife I'd be home to watch
a television programme with her, sir.

Yes.

It was somewhat fortuitous that you happened
to be passing Accommodation Block Hood

just as Lt Kinross emerged from
the fire escape, wasn't it?

It wasn't fortune, it was geography.

Hood's on my way from the chief's mess
to the gates.

What is this? Are you trying
to say that I didn't see him?

I'm suggesting that
you could've been mistaken about the time.

No.

It wasn't somewhat closer to 2000 hours?

Before the fire was started. Say, 20:05?

No.

The fact is, the statement you made

as to the time you saw Lt Kinross
leave the accommodation block

was nothing more than a
case of wish fulfilment.

What do you mean?

Well, here was a young man
you had tried to take under your wing,

who had repaid your generosity of spirit
with a stab in the back,

who had cast a blight
on your professional and personal life.

Are you honestly telling the court, in light of all
that, you were not guilty of warming the bell?

Warming the bell?

I believe that's the correct Naval term
for the artificial acceleration of time.

Heating the bell of an hourglass
causes the sand

to run through at an increased rate.

That's right, isn't it?

It is, sir. However, my timepiece is Swiss.

The truth is that you saw Lt Kinross

come out of that accommodation block before,
rather than after, the tire was started.

No, sir.

The Divisional Officer's report,

in which Lt Kinross condemned
your way of dealing with the ratings.

Would Lt Kinross's signature alone be
sufficient for that report to go forward,

or would his assessment need to be agreed
and countersigned by his superior officer?

He would have needed to
countersign it, sir.

His findings were upheld, then?

No further questions.

- What's this?
- Fire outside Petersfield.

Yeah. 11 o'clock tonight at the earliest.
If at all.

I'm going to stay down here.

Can you tell Mum I'm sorry?

Matt?

Yeah, I've got it. Problem with the train,
you won't be back. Sure.

- (mouths)
- Kate wants a word.

You're not coming back?

What about tomorrow?

Tomorrow's Thursday.

All right.

You'll definitely be back?

Yeah. Love you, too.

He'll be back.

Apparently, there's some conference on,
but he says he knows a good hotel.

(Ship's horn blasts)

(Knock at door)

All this and heaven, too.

You should see mine.

At least you've got a view.

That, my dear, is not a view.

What do you expect
from a Portsmouth B&B window?

Shall we eat out?

No, thanks.

What is it about the seaside?

It's hardly the seaside.

No. You know what I mean, though.

Island race.

The first time I saw the sea was at Formby.

I went with my mum, my dad,
and my brother Grahame.

Never seen...

imagined...

anything could be...

so vast.

I must have been about eight or nine.

Sod it.

- Jeremy thingy.
- Alderman?

Yeah.

- Where's Dad?
- Staying down.

- A problemo with El traino.
- Oh, I see.

Back tomorrow, though.

Right.

KAVANAGH: Is this an old
habit, or a new one?

It helps.

Does it help MEM Jones?

Lock him up and throw away the key
for all I care.

You don't mean that.

No.

- Do you think they did it?
- I don't think mine did, no.

Thanks.

Excuse the glass.

Help's night off.

What a waste.

16 years.

I wanted kids, you know.

- No, I didn't.
- It was Neil.

"When we've moved." "When I've got
the business up and running."

I was working, I suppose, but...

It's not too late.

That's very sweet.

Who'd have me now?

Look at me.

Bleary-eyed old baggage.

Half a cat, half a mortgage, half a life.

Still, I've got more to
offer a chap than that...

tan.

Attagirl.

I've seen her. You know.

Well, all I can say, my dear, is that if he's
happy to trade wit, warmth and companionship

for that round-heeled little scrubber
with bad skin

and the conversation of Forrest Gump,
good luck to him.

I think you're going to be OK.

Am I?

Yeah.

Well, thanks for the drink.
I'd better get on up. Early start.

You don't have to.

Go, I mean.

You can stay, if you like.

They do a very good fried slice.

Just coffee, please.

You should eat something. Paper?

Er... no. No.

(Clears throat)

About last night...

I'm sorry.

I didn't mean to put you on the spot.

It's OK.

I was...

I was very flattered.

I mean, you of all people.

I'm not usually such an old slapper.

Eleanor,

we go back more years
than I care to remember.

You are one of my oldest, dearest,
most-valued friends.

If you can't proposition your friends,
who can you proposition?

Since I took silk,
they've been queuing round the block.

And I was completely faithful to Neil.

Always. Silly cow.

No. No, that's not so.

Some things have to count. They have to.

Otherwise...

Well, what's any of it for?

Just because he's a faithless idiot
whose brain's in his trousers,

that doesn't diminish your... constancy.

My dear, while you breathe,
the age of chivalry is not yet past.

Guilty as charged.

Now, you have some breakfast.

You can't spend the day windmill-tilting
on an empty stomach.

Chief Evans, you told the court yesterday
that you took a certain pride

in the smooth running of the Marine
Engineering Department aboard Merlin.

That's correct.

Little would pass you by, then,
which had a bearing on the smooth running?

I trust not.

Who, then, would you say
was MEM .Jones's chief tormentor?

MEM O'Brien?

Well, there was no love lost
between the pair of them,

but it would have been impossible
to single out any particular party.

The action appeared to be taken
as a group decision.

There being safety in numbers.

Sir, too much is being read
into these practical jokes.

I mean, what we're talking about here
is some innocent Skylarking.

Really?

You'd dismiss an orchestrated campaign

of spite and degradation
as just some innocent Skylarking?

Little innocent in what was done
with MEM .Jones's boots.

- It was vile.
- Well...

And it wasn't the only way in
which he suffered, was it?

Later, on 12th April,
MEM Jones was admitted to the sickbay

suffering from extreme dehydration
and heat exhaustion.

There had been a fire drill
on board Merlin that day, hadn't there?

Well, I can't recall offhand
if there'd been one that day,

but there had been regular
damage control exercises, yes.

Well, on this day, MEM Jones was sent into the
engine room to deal with a simulated oil fire.

- Does that help you?
- Not as such, no.

But the Olympic engine room
would have been one of his areas.

Yes.

Now, having established
that the fire wasn't containable,

your next move would be to pull back
and seal off the affected compartment.

- That's right, isn't it?
- Yes.

And once the bulkhead door was sealed,

what method would be employed
to extinguish the fire?

Well, you could pump foam into the area.
I mean, that's one way of doing it.

And another,

the one used in this exercise,

is to suck the oxygen out,
thereby smothering the flames.

Yeah.

Yes.

Does anyone work in the compartment
when such a method is put into effect?

It's far too dangerous.

What would happen to a man
if, say, he became trapped

in the compartment
during just such a procedure?

Well, if he wasn't discovered,
he'd be in very grave danger.

But to my knowledge, there's never
been an incident of that nature.

Never?

No, sir.

The scenario described couldn't happen.

And if the door had been
spiked on the outside?

If you're asking me did I lock Jones in the
engine room while on exercise, my answer is no.

I didn't_

And if he says I did, he's
a lying little shitehawk.

Chief Evans, you know full well
that there was only one person

behind the practical
jokes against MEM Jones.

- And it wasn't MEM O'Brien.
- I've no idea, sir.

You resented Jones breaking rank
and going to Lt Kinross.

That is not the case, sir.

Jones upset some of the hands
and I was trying to keep a lid on things.

Oh, I see. You had lost
control of your section.

No, sir. It's just that some of the boys
took their lead from O'Brien.

MEM O'Brien has already told this court

that by 12th April, the date of this fire
drill, he and Jones had called a truce.

There was a cessation of hostilities.

The lads were still hacked
off with Jones, sir.

I mean, I couldn't be everywhere at once.

- So if things happened...
- If things happened,

they did so because you wanted them to.

Not MEM O'Brien. You.

MILLS: The next witness
is Master-At-Arms Niven, of the SB.

Sir, like Able Seaman Davies,
Niven's evidence is not disputed and...

__in the recent past
contained lighter fluid.

Again fingerprint analysis confirmed that
the canister had been handled by MEM Jones.

Sir, that is the case for the prosecution.

Lt Kinross,
how far was your decision to intervene

in the matter of the money
loaned by Jones to O'Brien

influenced by the fact that you had
known MEM Jones in civilian life?

LT KINROSS: It wasn't.

When [joined the Merlin, that was the
first time I'd seen him in years.

If any of the men had come to me, any of them,
I would have reacted in exactly the same way.

The money was incidental,
as far as I was concerned.

It was primarily the practical jokes
being perpetrated upon Jones

that I wanted to see stopped.

Yes. Why was that?

Well, I saw them as divisive

and, if allowed to continue unchecked,
a risk to the morale of the ship.

Why was it you went to O'Brien then,
rather than to Chief Evans?

Because, as far as I could ascertain,

Chief Evans was the instigator
of these so called jokes.

If you felt that Chief Evans
was behind this mischief,

why did you not challenge him directly?

He would have denied any pan in it.

And I had no hard proof.

Lt Kinross,
why did you go to Accommodation Block Hood

on the evening of 7th July last?

I had promised to loan MEM Jones a book.

A chronicle of naval battles.

And what happened when you got there?

Jones was not in his mess,

so I thought he must have gone ashore
with the rest of the men.

I put the book on his locker and left.

What time was that?

Just after 2000 hours.

And how did you leave?

Via the lift, or...?

No, I took the fire exit stairs.

I'd had to wait an age for the lift
when I first arrived,

so I thought it'd be quicker
to take the stairs.

So, what time would it have been
when you left the accommodation block?

No later than 2005.

2005.

Yes.

What did you see when you came out
of the ground-floor fire exit?

I saw Chief Evans.

Lt Kinross,

can you tell the court now, please,
about your lighter.

It's quite simple, really.

I'd lost the lighter in a
bar earlier in the week.

How do you think it came to be found
on the 7th-floor fire escape landing?

I can only imagine that
someone left it there.

To implicate me in the arson attack.

There's only three
possibilities for this case.

They both did it.

One of them did it.

Neither of them did it.

Thank you, Marshall Hall.

How's your man holding up?

Oh, nervous as a novice in a knocking-shop.

Something to hide?

No, it's just getting closer, isn't it? He's only
got Mills's cross-examination and then he's on.

Are you going to buy me
a drink, then, or what?

All right.

Make it a quick one. Taxi!

ALL: Hooray! Surprise!

(Disappointed groans)
MATT. Uncle Grahame.

Sorry, we thought you were Mum and Dad.

Are they not here, then?

No. This is the third time
we've done the whole surprise number.

I'll put on some music.

(Ragga music)

(Door bell)

- Julia, hi.
- Hi. Going well?

Great. Except we've no idea
where the surprisees are.

Matt and I kept it pretty hush-hush. I'm beginning
to think we should have said something.

(Soft piano music)

One of these days,
we must have a proper honeymoon.

I gave you a proper honeymoon.

You scrounged us a week at Foxcott's.

It's quite nice, is Dartmoor.

(Chuckles) Not when it's pouring, it's not.

We had better things to do
than sightseeing, as I recall.

Yes.

That was the best week of my life.

No phone, no TV. Just you.

PIANO: ♪ If You Go Away

Hang on.

Did you ask him...?

Would you care to dance, Mrs Smith?

Oh, Mr Smith, I would.

And the lorry driver says, "I'm not fighting
with anyone who can drink 15 pints of Guinness!"

Chap goes into a theatrical agent...

Excuse me, would you? Excuse me.

And he says...

Julia?

- David.
- Oh, hello. Er...?

- Jeremy.
- Jeremy, yes.

- How are things?
- Fine.

Have you got any swaps?

My brother's short of um...

Pratt and Lineker.

Platt.

Yeah, Gary Linekers are like gold dust now.

You can have a look, if you like.

You know, if there are any you haven't got.

ALDERMARTEN: Nairobi? Really?

That must have come as a
bit of a blow to Julia.

- Well...
- Still, she'll get over it, I expect.

We all have to make these small sacrifices.

Queen and country, and all that stuff.

- Yes.
- I wouldn't worry about the old...

You know?

A young chap like you.
You know, fairly handsome.

I'm rather hoping to take Julia with me.

Are you?

- Are you?
- Yes.

Is that wise, do you think? It's hardly
the place to take a European woman.

What?

Well, I'm speaking as someone who has,
you know, her main interests at heart.

I mean, we were after...

We were after all...

a bit of an item.

- You know?
- Yes, you were, weren't you?

Of course.

She um... played your beard
at a Tory Selection Committee, didn't she?

Your ersatz fiancée

Well, can't say she isn't game.

Good to see you again, Johnny.

Oh...

This heart shall break.

You want to ring home
and tell the kids where we are?

I left a note on the mantelpiece
with a number in it.

They won't even notice we're not there.

This was a good idea.

Are you coming in for a nightcap?

I'll think about it.

And while I'm thinking about it, why don't
you slip into something more comfortable?

If you were in any way decent,
you wouldn't have come.

We were invited as a couple.

- Have you thought any more about what we...
- No.

I see.

Well, in that case, I'm
going to fly out tomorrow.

I came round because I was hoping that...

Julia...

Bye.

Happy anniversary.

Wow!

They're rather good, these.

The bottoms have got a drawstring.

So they have.

Why the delay?

I want to get on with it, this whole
wretched thing over and done with.

It's nothing to worry about, Lt Kinross.

Is it, Mr Kavanagh?

No. No. Jones requested a con
with Miss Harker, that's all.

LT KINROSSI A con?

Why now?

A touch of the jitters, most likely.

It's nothing for you to worry about.

It's his problem, sir.

I don't think there's any need
to be so gleeful about it, Mr Harris.

We're both in this together.

KAVANAGH: No.

No, you're not. You'd left the
accommodation block by 20:05.

- You can? say what he got up to after that
- He discovered the fire.

He raised the alarm and
tried to put it out.

We only have his word for it.

No. I know him.

He's a...

He's a bad liar.

Well, so long as he doesn't say anything
which damages our defence,

I don't care how bad a liar he is.

Mr Kavanagh's right, sir.

It's you we're concerned with.

I did threaten O'Brien.

But it was heat of the moment.

I was very sorry to have
my VG conduct broken.

I want to get on in the service

and that continued good grading
would've been another tick in the box.

No doubt.

But it's important you get across to the court
that you'd no axe to grind with O'Brien.

Look!

I'm sorry.

I woke up this morning and it's just...

I can't think straight.

It's all right. It's perfectly normal.

You'll be fine, I promise you.

I wouldn't let you go in the box if I didn't
have every confidence that you'd do well.

Now, slowly, in your own time,

just take us through events
on the evening of the 7th.

I wasn't very popular with the other lads,

so I thought it best all round if
I give it a miss, the run ashore.

I just done my weights
and then I thought I'd grab a shower.

I suppose I went off about 1945.

How busy were the showers
at that time in the evening?

There was nobody about. It was quiet.

I must have been in the showers about half
an hour, washing, drying my hair and that.

Then I went back to my mess about 2015.

I saw Lt Kinross had left a book
he'd promised to lend me.

I read that for about 10 minutes.

Then I smelled smoke from the next landing.

So I went and had a look.

And when I saw what had happened, I raised
the alarm and tried to contain the fire.

I can't see what you're worried about.

Just tell the court what you've told me
and you'll be fine.

With respect, ma'am, you're not
about to call me a liar, are you?

You want my advice?

You must do what makes you happy.

You're a gifted advocate, Julia.
You're also young and very beautiful.

Steady on, Peter.

I'm quite sincere. Look, whether it's this
chap, or... We will lose you to someone.

One day.

If...

If I did decide to go...

I know you had reservations
about admitting me into chambers.

I'd hate to feel that I'd let anyone down.

Don't deny what you want
for the sake of appearances.

Bugger the sisterhood.
You've nothing to prove, you've done it.

Gel off the treadmill
before you end up like all the rest of us.

Rest of you?

When I was up at Caius,
I used to write poetry.

Doggerel in the main, I don't doubt,
but no less valid for all that.

Now I write advices.

Don't sacrifice real life
on the altar of career.

I thought career was real life.

Real life?

I prosecuted a boy the other week.

15.

One of four children, each
with a different father.

He'd murdered the youngest.

Terrible case.

But as he stood there in the dock,
shoulders hunched against the sentence,

I suddenly realised, this shabby,
venal, malnourished scrap of humanity

had experienced more in his 15 summers...

You understand?

He was more alive than I shall ever be.

Peter, that's not true. You're...

Going through the motions.

Oh, I have the club and Jeremy
to keep me amused.

You know why so many of us are obsessed
with good music, art, literature?

We've forgotten how to feel.

We have these empty spaces
which we try to fill with...

someone else's experience,
someone else's passion.

Peter...

Dear girl,

if you decide to leave,
then you go with my blessing.

River Court won't be the same without you,

but we'll bear the loss all the easier
if we know he's the right chap.

TANNOY: All passengers for flight NA407
please make their way to departure gate 4.

MILLS: Lt Kinross, when you raised the issue
of the practical jokes and the bullying

with Commander Pilgrim,
what was his response?

He...

He said he would talk to my appointer
and get me relieved early.

Yes.

You were to be relieved early.

Hardly a ringing endorsement
of your abilities, was it?

My ability was not in question.

Then why should Commander Pilgrim
want you landed from his ship?

He er...

He felt that by interceding on Jones's behalf
I had somehow compromised my authority.

MILLS: Well, let's look at that

You were clearly unable to divorce
your friendship with Jones

from your right and proper duty.

LT KINROSS: My right and proper duty
was to the ship's company.

If anyone in Chief Evans's section
had come to me with just complaint,

I would have listened
and acted accordingly.

Can I have your ticket, please?

TANNOY: This is the last call for passengers
boarding flight NA407 to Nairobi.

CHECK-IN WOMAN: Can I have your ticket,
please? Is something wrong?

Now, this lighter of yours, a present
from Vice-Admiral Kinross, I understand.

From my father, yes. A
21 St birthday present.

Of considerable sentimental value.

Some, yes.

What steps did you take to recover it?

How do you mean?

Did you go back to the bar where you
lost it, ask if it had been handed in?

No.

Did you ask after it on the base?

No.

The wardroom?

No.

Did you pin a notice on the board
offering a reward?

No.

No?

So, here we have a lighter,
of some sentimental value,

a 21 St birthday present from your father, no
less, and you make no attempt to recover it?

- None?
- (Softly) No.

- Lieutenant?
- No.

No.

You had not lost it in any bar.

The truth is, you dropped your lighter
on the stairs

in your hurry to put distance
between yourself and the fire.

That is incorrect.

Remind the court, will you,
why it was you took the fire escape stairs.

I'd had to wait an age for the lift
when I first arrived.

- Indeed. For how long had you waited?
- Four, five minutes.

As long as that? Yes?

- What time did the last of your coaches leave?
- By 1955.

Then, by 2000 hours,
when Able Seaman Davies saw you arrive,

Accommodation Block Hood would have been
all but deserted. Isn't that right?

- Yes.
- Yes.

You see, a long wait for a lift when
the block was full would be understandable.

But with it empty?

There was no long wait.

You left via the fire escape stairs

because you didn't want to be seen
quitting the scene of your crime.

No.

Perhaps you can tell the court how Jones'
fingerprints came to be found on your lighter?

I can offer no explanation for that,

other than I had handed my lighter to Jones
on a previous occasion

in order that he could light a cigarette.

And when would this have been?

I don't know.

Well, it would have been before
I lost the lighter, obviously.

MILLS: Obviously.

- Are you a heavy smoker, Lieutenant?
- 20 a day. Something like that

You're asking the court to accept that
Jones' fingerprints remained intact

on that lighter, clear, unsmudged, when it was in
use perhaps what, 20 times a day? is that right?

Yes.

Yes. Well, let me suggest
a much simpler explanation.

Jones' fingerprints were on your lighter,
Lieutenant Kinross,

- because he used it to set fire to O'Brien's bunk.
- No.

Your attack upon Chief
Evans' good character

is nothing more
than an attempt to discredit his evidence.

- No.
- As far as you were concerned,

the real and the only villain was O'Brien.

To your minds, he was responsible not only
for Jones having his VG conduct broken,

but for Commander Pilgrim
requesting your transfer.

That is not the case.

You involved yourself
in transporting the men to town

for one reason and one reason only.

You wanted to be sure
when the coast was clear.

You waited for the men to leave

and went across
to the accommodation block to tell Jones.

How was it?
Did you keep watch while he lit the fire?

- No, I told you, he was in the showers.
- In the showers?

No. That is not what you told the court
yesterday during your evidence in chief.

You said that you thought Jones
had gone ashore with the rest of the men.

Now, why would you think that
if you were in charge of the transport?

I didn't know where he was.

You've just said he was in the showers.

He was meant to go into town
with the others, but I...

Yes, I remember. When I... When I went
across to give him the book, he...

he wasn't there, and I...

Why do you now say
that you thought he was in the showers?

I looked around
and I saw him going into the showers.

You made no mention of this
when you were first interviewed.

It... It must have slipped my mind.

Yes, well, that aside,

if you saw him go into the showers, you could
have given him the book then, couldn't you?

Your chronicle of naval battles.

So, why didn't you do just that?

I...

It doesn't add up, does it?

I...

I...

No, it doesn't.

I saw the fuel...

the lighter fuel...

on top of Jones's locker.

I just saw it when I went in
to drop off the book. I er...

I don't know...

Something...

All I could see was O'Brien's
stupid leering face. I just...

I just wanted to pay him back
for getting me landed. I...

I only meant it to be his bunk.

Pictures of his kid, something to hurt him.

But...

it got out of control and I panicked.

Lt Kinross,

are you saying
that you set fire to O'Brien's bunk alone?

I thought about warning Jones,

but...

Well, he would have seen me.

I'm sorry.

It was stupid.

DRISCOLL: Ralph Edmund Gordon Kinross,

the court finds you guilty as charged.

Patrick William Jones, the verdict of
this court is that you are not guilty.

Mr Kavanagh, will you be offering
mitigation on your client's behalf?

Beyond his service record
and social report, no, sir.

The court will adjourn
and consider sentence.

CLERK: Court, rise.

I'm sorry.

I was wrong to mislead you.

Ler...

I acted foolishly and it's only proper
I should bear the consequences.

I'm just sorry to have
dragged Jones into it.

Service means everything to him.

It's not completely
without meaning for you.

We had a good case. I really thought...

What happened?

- What went wrong?
- Nothing can be gained from raking it over.

We'd been through it all in con.

What was different about today?

We were so close.

There was only .Jones's
evidence to be heard.

You didn't want him to go
into the box, did you?

Why?

What would he have said?

When you went across
to that accommodation block...

it wasn't to take him a book, was it?

You were together.

When the fire started,

you were together.

I couldn't let him go up against Mills.
You do understand that?

I realised that...

Well, if...

If he'd admitted that at the time
the fire was started, he was...

in my arms...

You had a defence.

You can't defend the indefensible.

I mean, in the eyes of...

In the eyes of some,

there's worse things than arson.

In certain knowledge of the consequences,

rather than reveal that you were lovers,

you took full blame
for a crime neither of you had any pan in.

Surely the truth...

The truth
would have meant his career and mine.

Greater love?

Something like that.

The court, having found the accused guilty
of the offence charged in the first charge,

adjudges him, the said Ralph Edmund
Gordon Kinross, to be imprisoned

for the term of four years,
to be dismissed from Her Majesty's Service,

to be under stoppages of pay
until he has made good the sum of £3,000

and to suffer
the consequential penalties involved.

TREDINNICK: In considering sentence,

the court has taken into account
your prior good record.

However, this was a very serious offence.

Your selfish action put lives in peril

and, but for your good fortune, you might
well have faced charges graver still.

Furthermore, knowing full well that you and
you alone were responsible for this act,

you remained silent
and allowed the probity of another man,

your co-accused, to be
brought into question.

You could have spared MEM Jones
this ordeal, but you did not.

You have undermined the status and position,
not only of the officers of HMS Merlin,

but of all officers in the service.

You are a disgrace to the Royal Navy
and to your family.

I will not waste further words on you.

VICE-ADMIRAL KINROSSI Helen!

Can't win 'em all, sir.
No hard feelings, eh?

The reputation of a good man
was destroyed today.

Are you content?

A good man? Kinross?

Young Rafie.

Well, I shouldn't set too much store
in what he's got to say, sir.

Got more flannel than a pusser's blanket.

I think we both know who
set that fire, Mr Evans.

Do we?

Oh, yes.

You see, there was someone else keeping
a weather eye on those weekly trips ashore.

Watching, planning, waiting his moment.

He knew that once the accommodation block
was empty, Kinross would go to see Jones.

And he knew why.

He knew a lot, this chap.

He knew Kinross's lighter
wasn't lost, certainly.

That Kinross had given it to
Jones as a gift... a token.

So, that evening, while
they were elsewhere,

he stole the lighter and fuel
from .Jones's quarters.

Having started the fire, he left enough
incriminating evidence for the regulators to find

and then stood outside, waiting to chance
upon Kinross leaving the scene of the crime.

Now, why would someone want to do that?

Because he wanted Jones.

Physically.

For his own gratification.

Only Jones wasn't interested.

And for a man used to being obeyed,

that was more than you could stomach.

What are you going to tell, eh?

I mean, what can you do?

Nothing. You can't do nothing.

Not without finishing Jones, as well.

No.

No, that's something you've
relied on all along, isn't it?

They couldn't admit to being together
that evening.

Well, at least Jones is
beyond your reach now.

You lost.

All your books and all
your talk and I beat you.

You got a proper goffering.

You come down here
thinking you can take on the Royal Navy.

You're not fit to wear the uniform.

You have no honour.

The Navy always protected the weak
from bullies like you.

How you survived so long, I don't know.

All I can say is, thank God
there are better men in the service.

Mills, Driscoll...

Oh, yeah, they'd be right up your gangway,
wouldn't they?

Real pusser officers.

All gentlemen together.

I come from the same place you do,
and so does Jones.

Decency, courage, honour, they don't
come with a silver spoon attached,

so spare me
your offended working-class sensibilities.

You bloody civilian.

I mean, what have you ever done
to defend your country, eh?

Nothing. You've done nothing.

Well, you look at my face, the pain.

My hand, the scars. My body.

My body's scarred
and you dare tell me I've got no honour.

These scars are my honour.

I... I had a friend.

Sub Lieutenant.

We were good pals. Inseparable.

He had honour enough to spare.

Got burnt.

He was lying in my arms when he died.

They wouldn't even let me be in the
Honour Guard to bear him to his rest.

Officer, see. Officer.

His wife got the medal and the glory,

but who tends his grave
now that she's remarried?

And do you think what you've done here
honours his memory?

You people.

I'd like to see you burn.

Burn. All of you.

Burnt to ashes.

How are you doing?

I've never been so scared in all my life.

I'm sorry.

I just want to see Lieutenant Kinross
for a minute.

PROVOST MARSHAL".
Mister Kinross now, lad.

- It's all right, Provost Marshal. He's with me.
- A minute, then.

- I'll leave you.
- You go, sir, I'm afraid he goes.

KAVANAGH: I'm sorry...

Sir...

For the best.

You understand.

Make a go of it, Paddy.

PROVOST MARSHAL: Time to go.

So little love.

Which would you rather,
if he were your son?

Would I rather my son went to prison
for something he didn't do, than walk free?

I'll take the latter
and damn what anyone else thinks.

A little tolerance?

What's to tolerate?

We're all at each other's mercy.

You start with one minority...

who's next?

(Clock chimes)

Well, we'd better get a shift on
if we're going to get that quarter-past.

Er... actually I said I'd
have a drink with Driscoll.

It's just a drink.

When you were a girl, I bet the boys you liked
could be told by the bruises on their arm.

Well, I shall retire
gracefully from the field.

Look after yourself.