Silk (2011–2014): Season 2, Episode 1 - Episode #2.1 - full transcript

Get that done by 8:00.

Her first day out of court
in five years.

It's like she's
getting married.

Bang on, Jake. It's bridal.

(HORN HONKING)

"If you can meet with triumph
and disaster

"and treat those two impostors
just the same..."

She got the prize, he didn't.

It's not going
to be easy for him.

It's not going to be
easy for her, either.

We need to
celebrate the triumph



and handle the disaster,

and if we can do that,
then we're
top class clerks, my son.

Go on, miss, no one's looking.

Is Clive in?

(THEME MUSIC PLAYING)

Yeah, it's court three, second
on at 10:00, sir.
Yeah. No problem.

-Morning, John.
-Morning. Shoe Lane.

No, Wood Green.

Yeah. I don't know,
Judge Roberts, I think.

Phone's ringing, John.

Shoe Lane.
(SNAPPING FINGERS)

-Name?
-(PHONE RINGING)

Shoe Lane. Sorry,
can I take your name, please?

Yeah, what kind
of robbery is it?



-Mr J-O-Y.
-JOHN: Yeah,
we can cover that.

-Okay.
-Micky Joy?

Sorry, go on. (MOUTHS)

Bloody hell.

(KNOCK AT DOOR)

When my old man was ill,
me and my mum took him
to see Ken Dodd.

Dad was in pain
and he couldn't walk
more than about 10 yards.

When they opened the doors,
we could all see

that there were about
20 steps to walk up.

He looked at us
and off he went.

It took him
about quarter of an hour.

Doddy sang Absent Friends
at the end of his show,
like he always did.

Hmm.

Still gets me, that song.

Why are you telling me this?

Second most moving moment
of my life.

What is it, Billy?

There's this
case just in, miss.

-Right.
-Previous counsel
got sacked last night,

but the con is booked
and the solicitor
wants to keep it,

so the client can
meet his new brief.

-Is the trial date fixed?
-Wednesday.

-Who's the solicitor?
-Micky Joy.

-Who's the client?
-The Farr family.

Brendan.

Sorry, Mr Farr.

We got you a lady.

I started playing poker
and ran the London Marathon.

-Sorry?
-See you've gone for a Norton.

I'm 38, Billy,
it's hardly midlife.

Oh, must be something else.

-I just bought a bike.
-Sure, sure.

Micky Joy brief.

Who am I for?

Brendan Kay.

First on the indictment.
Excellent.

Ah. You're being led, sir.

Oh, right. Yeah, of course.
Case as big as this,
it needs...

-Martha Costello.
-Silk.

-Technically, until she's
been sworn in...
-Friday.

She's not
actually in silk.

This trial is about as heavy
as it gets.

I want someone
she can rely on.

It's gonna be hard for her.

Be nice to her, for me.

(SCOFFS)

What are these doing here?

It's junior work.
Not you any more, miss.

None of them have got
silk's ticket attached.

I've had these for months,
I know the clients....
(SIGHS)

Who to?

A leading junior with
sufficient experience to
pick up where you left off.

-Clive?
-Mr Reader would be
one way to go, sure.

Seventeen years, you and him
together. You got the prize.

It's going to be hard
for him, miss.

Be nice to him, yeah?
For me.

You look terrific.

Not really right for a Cat A
legal visit, but thank you.

Vintage lesbian.
It's a good look
for you, Martha.

Who's for Jody Farr?

Our esteemed Head of Chambers.

-Right.
-(MOBILE CHIMING)

Micky, hi. No, we're outside.

Nice one. Sweet.
We'll be with you in five.

-Why are you doing that voice?
-Bye. What voice?

"Nice one, sweet."
What's that?

You used to
be yourself, Clive.

-You feeling
a bit nervous, Marth?
-No, what do you mean?

-So, do you want
to know, or what?
-Go on.

Victim disrespected the Farrs.

-How?
-Car wash.

He asked Jody Farr to move
his Hummer off the pavement.

That's it?
He got blinded for that?
Complete stranger?

Jody can't lose
face in public.

They picked him up
walking home,

took him to a disused
warehouse in King's Cross
and did their thing.

Our man's the, uh, the muscle.

Extreme violence is
what he does.

Don't worry,
I'll look after you.
(CHUCKLES)

Micky. All right, mate?
How are you doing?

BOTH: Hi.

One finger in at four o'clock
the other at eight.
Push in hard, pull and twist.

Anti-clockwise,
then clockwise.

They don't come out easily
because they're
designed not to.

That's why you need the twist
as well as the pull.

Keeping a grip on the eyeball
takes a lot of nerve

'cause the sound is a bit
disturbing, frankly.

It's wet in there
and the suction's strong.

Not to mention the screaming.

You press down on the face
with the other hand to
get the leverage,

you can block the mouth,
kill two birds.

Now, doing the second one,
that takes courage.

-Great mitigation.
-No one's pleading.

It was a joke.

How do you know so much
about pulling out eyeballs?

NAE served this morning.
Prosecution's doctor.

Puts in all the grim bits

so he can open with
lots of high-impact
horror for the jury.

The silk prosecuting
asked for the detail,
apparently.

A long way back for us
with an opening like that.

-Who's prosecuting?
-Lady Macbeth.

There's a verbal.
From Brendan Kay.

Don't tell me.
Back of the squad car?

"I did it. It was me."

It's pathetic.

-Did you apply for silk
last time round?
-No.

-GUARD: Go on through.
-(BEEPING)

-What's he saying, our man?
-He wasn't there.

-And Jody Farr?
-He really wasn't there.

Okay, come through.

(MAN YELLING)

He's all yours.

Trace of victim's blood
on one of our boots.

Clive. And how are we
saying it got there?

Two possibles, police fit-up.
They put it there.

There's a break in continuity
with the exhibit, so maybe
we can exploit that.

-Or?
-Victim was found
blundering eyeless,

round the back of King's Cross
in the middle of the night.

Took the hospital 18 hours
to get him stable enough
to talk to Old Bill.

During which time our man
was walking round King's Cross
minding his own business,

and trod on some
eye-socket blood.

I'm liking fit-up better.

And is the blood on just us?

It's not on Jody.

-And who found the victim?
-Police following a 999 call.

-From?
-No name, phone box.

King's Cross
is coming up in the world,

but the wee small
hours on Goods Way
are still a bit underbelly.

And just say
the defendants were part
of a big crime family,

where would Jody Farr be
in the hierarchy?

He would be the number two.

This is saying hello.
Don't push him.

He doesn't do
well with pressure.

(CLEARS THROAT)

Do you have to stand so close?

Yes.

I want you to put behind you
whatever happened
with your previous counsel.

Johnny Gibby.

He's gone.
I'm here to fight
your corner, now.

The evening of
the 24th of June,
where were you?

Watching television at home.

All evening?

What were you watching?

Taking a full
proof of evidence
tomorrow.

So the old Radio Times alibi,
then?

"Evening of June the 24th,
what were you doing? You don't
know? Of course you don't."

It's just a date like
any other date,

unless you were giving birth
or swimming the channel.

-Or plucking out
somebody's eyes.
-Exactly.

Innocent people find it hard
to sort out an alibi.

-We haven't served
an alibi notice?
-No.

What,
so we're getting a witness
or two together first,

-to corroborate what we
haven't yet said?
-Precisely.

What about
the confession evidence?

You know,
I've been at this job
for 30 years

and my total
loathing for the police
hasn't changed one little bit.

It's deep and it's savage.
Why?

Because the government
can slash legal aid,

knowing that the public
will wear it.

The people don't care,
so the politicians
don't need to.

Eh?

Money's tight boys,
work is scarce and
clerking just gets tougher.

So we mind less about who
we get into bed with?

(MOBILE CHIMING)

Ah! Micky.

-Hello, mate, how are you?
-Hey.

I'm the new junior clerk.

Bethany.
Boys, this is Bethany.

Show her everything
you know, Jakey-boy.

Yeah. She's got more brains
than Marilyn.

Yeah, and fewer curves, yeah!
(CHUCKLES)

Ta-ta.

The whole point of Micky Joy
is he fights everything.

If you get nicked, you know
what you're getting
from Uncle Micky,

and, in this day and age,
we need some of his cast iron,

guaranteed not to crack,
heavyweight trials,
coming to us.

I mean, have you seen what
your shiny new silk
has got in her diary?

Pages and pages of nothing.

So, don't you dare look
at me like that.

You have to make sure
there's toilet roll in
the toilet all the time.

So, when there isn't much
left in the toilet,

you have to move it from
here to the toilet

and when it starts getting
low in here,

you have to go to Billy
and ask for money
from petty cash,

uh, for more
toilet roll and...

Then...

Then you go and buy it.

Here's the actual toilet.

So,

not far.

Your case load just doubled.

These are all yours.

I'll get Miss Costello to
call the solicitors
and talk you up.

Oh, and, uh, one of your own.

Solicitor's at court,
very right on.

Name of George Duggan.

George Duggan?

Hello.

Yeah? Hello?

George Duggan.

Oh, sorry, I thought
you were a man.

Well, I'm not.

No, you're not.

She was drunk and hysterical.

A bottle got
broken when they tried
to take it away from her.

That's what all the family
are saying.

The brother tried
to calm her down,

she lashed out at him
with the broken bottle,

the jagged edge cut the artery
in his neck wide open.

He bled to death.

She had an incredibly high
alcohol reading.

Doesn't feel right, does it?

Yeah, I know,
but, well, Clive is...

Yeah, charming.

Charming's a good word.

He's a charming lawyer.

I don't know how to put this,

because there's not much
I can do about it but...

I'm sorry I'm a man.

I know this is hard for you.

Nothing's going
to happen today.

We want to wait and make
a bail application

when we know more about
the evidence against you.

Here's a promise.

I'm going to be here
for you throughout.

This is the only time you'll
have to meet a barrister
for the first time.

And George, here, will be
with us every step of the way.

GEORGE:
Do you know what I hate?

What?

All religion,

and, next to religion,
tolerance of religion.

Absolutely.

Tolerance is so overrated.

Do you want to go
for a quick fuck?
Drink? Jesus.

-Sorry!
-(GEORGE LAUGHING)

Could I speak to Johnny Gibby,
please?

Oil, oil, oil.
It's always about oil.

It always has been,
it always will be.

Sorry.
(CHUCKLES)

I still get really angry
talking about Iraq.

The thing about
Miss Costello, Micky,

is she'll give you blood,
sweat and every other bit
of Winston Churchill there is.

You're in charge here, right?
I mean, your people
are your people.

-Of course.
-I need that.

Were you sacked
or did you jump?

Thanks, Johnny.

Nearly a million people,
a million, and they
still didn't listen.

I went because I wanted
to see who they all were.

Oh, what do you,
what do you mean?

All those people who felt so
strongly about
keeping a genocidal,

women-hating, medieval
torturer in power.

The left really surpassed
itself that day.

-But I thought...
-Don't pigeonhole me,
that's just lazy.

I want better than that.

Oh, by the way,

the answer to the question
that you pretended to ask me

completely by accident
outside court today.

No.

But thanks for the drinks.

You didn't answer your phone.

-Didn't hear it.
-Senior clerks
have an extra lung,

and you feel its every breath.

(MOBILE CHIMING)

Spit it out, miss.

Get Brendan in for
mention tomorrow.

It's 7:00 at night.

Well, ring up one of your
buddies in the list office
and get it on.

Why?

Cat A prison security
is oppressive,

get him to court and talking,
it's a lot easier,

and don't tell Micky
about the mention.

What?

Just don't.

He's in for mention tomorrow.

Well, I don't have
to be there, do I?

Two counsel for a mention?

I've got a con in a very
sensitive case with,
um, with George, here.

-What time?
-10:00.

10:00.

So we need Brendan listed
not before 12:00.

Brendan's mention.

Not before 12:00.

This is the silk robing room.

Yes.

Oh, I'm sorry.

-You look...
-20 years younger than you.

Proper women at the Bar need
to stick together. CW.

Martha Costello.

Oh, you're for Brendan Kay,
I'm prosecuting you.

They call you Lady Macbeth.

-Do you know that?
-Oh, don't say
that name in here.

I thought that was only
actors in theatres?

What do you think this is?
Who do you think we are?

MAN: (ON PA)
Caroline Warwick and
Martha Costello of counsel,

please come to court two
immediately,

- where the judge is waiting.
-Sweetie.

Screw your courage
to the sticking place,

pop over to court and tell
the old bugger we'll be
with him in five minutes.

-What?
-Just tell him I'm menopausal,

-I'm far too pissed off
to talk to him right now.
-Is that true?

Oh, God, no!
I'm gasping for a fag
and so are you.

We have to lean out the window
or the smoke alarm goes off

and you get
arrested for passive
manslaughter, or something.

I'm not planning on having
a menopause, are you?

I'm 37.

Kids?

Going to?

-I'm not sure.
-Abortions?

No, none.

Time speeds up, you know.

Don't stay "not sure"
too long.

You can't control who you
fall in love with.

Of course you can,
men are all children!

Pick one, make sure
he knows you'll listen
to everything he says,

and he'll fall
in love with you.

By the way,

other women at the Bar have
felt betrayed by me.

That's because I'm sisterly
out of court,

and vicious in court.
(CHUCKLES)

Just so you know.

Won't be personal.

So sorry, Your Honour.

My learned friend
needed some time,
it's her first day.

Silk will buy you most things,
Miss Costello,

but not
the patience of judges.

-Why are we here?
-Length of trial.

It's listed for five days.

I think it
could run on longer.

Diaries, ladies. Mr Clerk?

You know it's empty.
So why get it out?

Trial date has to
stay where it is.

We'll all just have to talk
more quickly.

All rise.

So nice to see you again,
Miss Warwick.

May I say, you look
younger every day?

Calf's liver and
milk for the skin,
My Lord,

fish oil for the brain,

cross examination
of guilty men
for the soul.

If you have a minute,
you might mention to
your Senior Clerk

that my diary goes deep
into next year.

Are you looking to move?

Well, I'm bloody lonely!
I want a friend,

and I like the look of you.

Are you, um...

Do I swim in the ladies' pond?

(LAUGHING)

Some of the time.

I've got to go
down and see my man.

Without a solicitor?

How very interesting,
Martha Costello.

Was Mr Joy at
the police station?

Yeah.

He gave you advice?

Did he tell you what to say
to the police in interview?

No comment.

I thought as much.

And what do you know
about Jody Farr?

No comment.

Right, um, uh,
this is not...

Okay.

What do the Farr family do?

They look after me.

And what else do they do?

Brendan?

Between you and me,

what happened
with Johnny Gibby?

I told him the wrong thing.

And who said it
was the wrong thing?

Micky?

Jody Farr?

(TAPPING AT GATE)

-I've got it, Brendan.
-No!

-No, that's not what I meant.
-It's all right.

-It's not what I meant!
-It's fine.

No, no, no!

-GUARD: Sit down! Sit down!
-MARTHA: All right, all right!
I'm fine, I'm fine!

(STRUGGLING)

Will you get off him?

GUARD: Keep the hell
out of this!

Brendan, Brendan,
Brendan, shh, shh.

Shh, shh, Brendan.

Shh, shh, shh. Calm down.

-No.
-It's okay.

It's okay.

I think you can let him
go now, don't you?

On your own?

What the hell are you doing?

Anyway.
Thank you.

-What for?
-For minding, I suppose.

Of course I bloody well mind!

Micky Joy is the biggest
criminal solicitor in London,

this is our one shot at
landing him and, look,

suddenly you're
doing his job for him?

Or maybe it's to stop him
doing our job for us.

Just get real, will you?

No, I will not get real!

-The thing about Brendan...
-Why are you
calling him Brendan?

He's 20 stone,
6'7",

every other client's a surname
but not this one. Why's that?

Because I think he's a child,

and if that's true,
why hasn't the biggest
solicitor in London

got a psychiatric report
done on him?

-Because we're running alibi.
-We don't know that!

Come on, Martha,
Micky will get us
the instructions we need.

That's the way of the world.

I feel bullied
and I don't like it.

And, anyway,
it's having a note-taker

to cover you that matters,
not whether
the solicitor's in there.

-So, if you'd have
been here...
-Note-taker?

-Oh, sorry.
-Jesus Christ, Martha.

-Came out wrong, I'm sorry!
-Note-taker?

Sorry!

Micky Joy, George Duggan,

both big hitters,
both briefing us.

Exclusively?
Not yet but I'm onto it.

-I want to talk to you about
what you're on.
-Okay.

John, as fees clerk,
he does the money,

leaving you free
to serenade solicitors
and look after all of us.

Well, that's an
interesting idea, sir.

It's a bit more
than an idea, Billy.

What's going on?
What? You don't know?

-Or you do know? Which?
-It was just a mention.

And I was at the prison to
take a proof from my client
who wasn't there.

And they all had a very
big laugh at my expense,

saying didn't I know
my client had escaped?

Big bloody joke
and me looking like a tosser.

-We didn't know.
-Don't like "don't know"!

I want a clerk who knows.

There is only one hymn sheet,
it is mine.

I give it to you and you make
totally bloody sure

it's Onward
Christian Soldiers
that everyone is singing!

You got it?

That's normal.

Billy.

You're the money now, John.
I'll take care of the talent.

Brendan needs a new solicitor.

-Why?
-Because Micky Joy

is filthy dirty cosy
with the Farr family.

Is he?

You think Jody Farr
and Micky don't talk?

Do you think they don't
have big talks

about big Brendan
and his role in all this?

Excuse me, Jake.

-(DOOR SHUTS)
-You're a brilliant
clerk, Billy,

but being a brilliant clerk
means that you forfeit one
or two basic human qualities,

and one of those is innocence.

-So don't bullshit me,
it's embarrassing.
-Brendan...

Brendan feels, to me,
like he might just be
dispensable to the Farrs

and he's my client.

-Different solicitor
for Brendan?
-Has to be.

Do you know how much
trouble we're in?

If you drop Micky,
he'll drop us,

and this set will be in real
danger of going under.

My duty is to my client.

You won't have any clients
if you don't get real.

-What did you say?
-Get real!

-Have you been
talking to Clive?
-What?

I wouldn't do that.

Look.

Help me out here.

Who goes to
prison for the rest
of his life if I lose?

Not Micky Joy.
Brendan is being used,

I can smell it, I can feel it
and so can you.

Look, I don't like being used.
How about you?

-He's not you.
-Yes, he is.

Until the jury come back
with their verdict,
he's me, I'm him.

Nobody in between.

So, um,

what's he, uh,

what's he doing, Brendan?
What's he saying?

(MOBILE CHIMING)

You better get that.

Yeah, I'm on my way.

Give him my regards.

What's the evidence
like against Jody Farr?

We're in with a decent shout.

Brendan Kay?

Well, he coughed and he's got
the blood on his boots. Why?

Ah, walk with me.

Jake? Go away.

Mr Cowdrey's
been working hard.

Kate's gone,

Nick and the lovely Niamh,
both gone.

You've got to admire
his ruthlessness

vis-a-vis
the lancing of boils.

I'm his confidante, sir.

Head of Chambers
and Senior Clerk,
it's a special relationship,

and I think I know
the next question
he's going to ask himself.

"Who else was it,
behaving badly?"

What do you want?

I hear Brendan Kay
is not the brightest.

Maybe he should be told
once again the strength
of evidence against him.

Plead guilty?

You're the lawyer, sir.
I couldn't possibly say.

Later, sir.

If the Farr family were
a major criminal enterprise,

making millions and millions
importing heroin

through three different
London embassies...

What is it, Billy?

Would the lights go out
if Brendan Kay

spent the rest of
his life inside?

No.

How would
everybody feel if Brendan
took the hit for this?

Everybody?

Jody, the family,

you?

Is that what's happening?

That's me reading between
the lines, and I've known
her for 17 years

and I'm good at reading
between her lines.

I'd have to withdraw from
representing Brendan.

Uh, yeah,

I suppose you would.

Leaving you to manage
Martha Costello.

He'll plead
and Jody will walk?

-I'd put my mortgage on it.
-What about your balls?

Would you put them on it?

So who do we go for
as a replacement solicitor?

George Duggan?

She's fearless, principled,

and, from a chambers
point of view,

it'd be good idea
to give her some work.

If we scratch her back,
she might, um, scratch ours.

Great.
Have you got her number?

Yeah, I'll call her.

Great.

Are you sleeping with her?

What? No.

Blimey, Marth.

Never a good
idea to sleep with
a professional colleague.

We're just gonna pop
down to say hello.

Right.

We need very
clear instructions.

We're just going to deal
in the truth now, Brendan.

Can I call you Brendan?

Okay.

Back of the police car,
"I did it. It was me."

Did you say it?

Okay?

The verbal, he said it.

Let's hear it.

June 24th, what did
you watch? Go.

EastEnders at 8:00.

And did anything
interesting happen?

Not really.

And did you stay with
BBC One after that?

Question Of Sport.

That's in
the Radio Times , isn't it?

Yeah.

Well, none of that
went out on BBC One.

Andy Murray's match
at Wimbledon started late,

so they stayed with that
all evening until 10:00.

EastEnders and all those nice
sports people in shirts,

they all got shunted
to BBC Two, Brendan.

See, I think you'd
remember that, wouldn't you?

Yeah, alibi doesn't
work, does it?

Because it isn't true.

No, no, no. Don't get angry.

It's fine.

Trust me.

I know what you have to do.

Okay. I'll be
back in a minute.

Confession evidence stays in.

The blood on the boots,
the blood on the Hummer,

it's all slam-dunk forensics.

Lady Macbeth would tear
the alibi to shreds.

Well, it sort of looks
like we're going to
have to face her...

You're not getting it,
are you?
He's terrified of them.

The Farrs?

He'll do anything
they ask of him.

Oh, my God.

-Duress?
-It has to be.

-But I thought...
-What did you think?

Run duress?

Cut his throat?

All rise.

Pleading?

(SCOFFS)
Where did you get that idea?

Can I take instructions,
My Lord?

Five minutes.

Thank you.

Duress is incredibly
difficult to run.

The threat has
to be immediate,
significant and real.

Do you understand?

It's no good saying,
I was told to beat him up
in a week's time

knowing that, if I didn't
they'd hurt me.

See, that isn't duress.

There's nothing
to stop you from
going to the police,

the threat isn't immediate,
it's...

There's a way out. Do you see?

Shall we do this?

Brendan?

Now, it's very important that
you don't talk to anyone.

He says yes to you just like
he says yes to the police
and yes to the Farrs.

What's the difference, Martha?

Look, I am in direct conflict
with Jody Farr, Micky Joy,
Alan Cowdrey

and I don't even know if I can
trust Billy on this.

They're all very big grown-ups

and I really can't handle it
if I have to add you
to that list, Clive.

This isn't about you,
it's about him!

Come on, you really want
a big lunk like that to
grass up the Farrs?

Are you scared of them?

I need you.

I'm with you.

My job was to guide cars in

and make sure nobody
blocked pedestrians.

The Hummer was right
across the pavement,
people couldn't get past.

There's a big sign.

Did you do or say anything?

The windows were
all darkened glass.
I couldn't see in.

I tapped on the window,
it was open a little.

Could you see inside?

Not really.

I asked them to move back
off the pavement.

They ignored me.

I banged on the window again.

I wasn't going
to be treated like this,
just doing my job.

Some of my colleagues
came out to watch.

They were all
standing watching.

And did the Hummer move?

No.

Somebody in the back said,

"Thank you for your advice.
What's your name?"

-Did you tell them?
-Yes.

Then what?

They drove in, the vehicle was
washed, nobody got out.

They paid and left.

What time did you go home
that night?

Late.

I was on
the 2:00 till 10:00 shift.

What happened, Mr Storey?

They jumped me.

They blindfolded me and put me
in the boot of the Hummer.

How do you know
it was the Hummer,
if you were blindfolded?

I work 60 hours a week.

I know about cars.

Smell,

engine size,

boot size.

It was the Hummer.

CAROLINE: What happened when
you reached your destination?

He made me lie down
on my front on the floor.

Then he took my blindfold off.

-He?
-The smaller man.

I couldn't see him,
he was behind me.

So how do you know which
of the two men it was?

I could see the larger man
across the room,

maybe 30 yards away.

He had his back to me.

The small man left.

The large man came towards me.

I'd been told not to look
at him, so I kept my
forehead on the floor

but I could hear him coming
and see his feet.

Then he started shouting.

What was he shouting?

He shouted about what
he was going to do to me

and how badly he was
going to hurt me.

Then it started.

No further questions, My Lord.

My name is Alan Cowdrey,
Mr Storey.

I represent Jody Farr.

You were able to establish
that there was a larger man
and a smaller man?

I saw a bit more
of the larger man.

Would it be fair to say that
you caught a fleeting glance
of the smaller man?

That's fair.

Thank you so much, Mr Storey.

Miss Costello?

No questions.

"I did it. It was me."

I didn't ask him anything,
he just started talking.

And when Brendan Kay
was admitting responsibility

for this shocking act
of extreme violence,

how would you describe
his demeanour?

Matter of fact, like he was
describing opening
a tin of beans.

CAROLINE:
No further questions.

Can you confirm that Jody Farr
gave a no-comment interview

and said nothing else at all
about the allegations
made against him?

-Yes.
-Thank you so much.

How long are you going
to be in cross-examination,
Miss Costello?

I'm thinking of lunch,
timing of.
Couple of hours?

No questions.

Jury out.

Let me be clear.
You're leaving PC Brett's
evidence unchallenged?

Yes.

And by implication,
you're accepting it as true?

"I did it. It was me."

Yes.

I'm sure you know what
you're doing, Miss Costello.
I'm not sure I do.

I do have one question.

Fine.

Jury back.

Is it right that
the Farr family
are the most vicious,

feared and successful
criminal outfit working
in London today?

No forensics, not at the crime
scene, not on the victim,

not on the defendant,

no-comment interview,
which leaves only
the ID evidence.

"Fleeting glance",
was the term
the victim agreed.

Your Lordship is, of course,
familiar with Turnbull
and what it says.

Fleeting glances
are unreliable.

It's unsafe to leave
this to the jury.

My submission is that Mr Farr
has no case to answer.

He needs to go in the box.

-He'll be a...
-He'll be a grass, Martha.

And he has to understand
the consequences
of doing that.

You need to explain
to the jury
what the Farr family do.

Jody's not here any more.

He's, he's not in the dock.

So, he won't know
what I'm saying, will he?

You said it, he's a child,
so the responsibility's ours.

Doing this on his behalf,
it would be...

Well, it'd be the truth,
wouldn't it?

That's what it would be.

It's your call.
I'm the junior.

Miss Costello?

Call Brendan Kay.

They said we had to do it.

And did they tell
you about the victim?

They said he was
a very bad man.

They said he
wanted to hurt us all.

And who's "us"?

Mr Farr, and his family,
and his friends,

(STAMMERING)
and me.

And what did you understand
they meant by saying
you had to do it?

They said I had a choice.

What choice?

They said they would keep
on looking after me, or...

Or...

Have there been
times when they
didn't like your choices?

-Yeah.
-What happened then?

What did they do, Brendan?

No, it's all right,
it's all right.

Brendan?

I did 10 things wrong.

Their Lordships couldn't
be clearer in Fitzpatrick.

When someone knowingly joins
a criminal enterprise,

in Fitzpatrick, the IRA,
in this case the Farr gang,

then they cannot rely
on duress as a defence,

even if the threat
is real and immediate.

The joining, the signing up,
always negates the duress

because you know what
you're getting into.

I'm afraid the defence
that this defendant relies on,

isn't a defence.

Brendan and the Farr gang are
completely different from
the IRA membership,

where the appellant knew
everything the IRA stood for,

and their methods,
and went in with their
eyes wide open.

Brendan thought he
was joining a new family.

"Knowingly" is the key word.

Brendan didn't know.
Brendan,

well, he doesn't know
very much at all.

He was and is
a complete innocent.

We go on.

Jury back, please.

-That was brilliant.
-I thought so.

Did you shout at the victim?

-Yeah.
-Loudly?

-Yeah.
-Why?

BRENDAN: What?

What did you want the victim
to understand?

-That I was going to be good
at hurting him.
-You were yelling?

-Yeah.
-You were pumped up?

-Yeah.
-You were ready.

-I were ready.
-What did you do?

I put my fingers in his eyes
and I pulled out his eyeballs.

Pulled them out.

Right out.

Brendan, um, now
Miss Warwick here,

might say that this is all
very convenient.

Jody Farr isn't in
the dock any more

and, now, when it suits you,

you've decided to blame
him and his family.

I don't want to be bad
to Mr Farr.

I want you to forget about
who you're being nice to.

Can you do that?

You've never met these
12 people before, have you?

They don't know you,
and, well, you certainly
don't know them.

So, tell them the truth.

Forget about everyone else.

I shouted so
Mr Farr could hear.

I wanted him to hear that
I was doing it proper

but I weren't.

What do you mean?

They all laughed
about it earlier,
what the plan were.

Brendan?

Five fingers for five...

Five what?

Seeing, hearing,
tasting, smelling.

Five senses.

Touch.

Mr Storey still has
his ears, hasn't he?

And his nose, and his tongue.

And his fingers.

Only his eyes.

Why is that?

Mr Farr would
have done all five.

I made it only one.

And I did it as
gently as I could.

I tried to make
it okay for him.

Poor man.

Poor, poor man.

I'm sorry.
(WEEPING)

Sorry.

(CLEARS THROAT)

(CLEARS THROAT)
What did you do afterwards?

Breakfast?
Nice hot bath?

You don't want
the jury to know?

-No.
-Why not?

Because it doesn't look good?

'Cause I shouldn't
have done it.

CAROLINE:
Now, let's be clear
here, Mr Kay.

You shouldn't have done what?

Called 999.

No further questions, My Lord.

What he told the jury
isn't a defence.

It's certainly not duress.

He saved his life.

The law is the law
and Brendan Kay
doesn't have a defence.

I've got a speech to make.

Derek Storey has lived through
the most appalling experience

any of us can imagine.

That's the simple truth.

It's also the perverse truth,

that Derek Storey
would be dead,

if Brendan Kay hadn't
done what he did.

What was it like to be
Brendan Kay on that night?

He showed you in
the witness box.

He showed you his overwhelming
fear of the Farr family

and his hopeless
dependence upon them.

He showed you what they
have done to him,
both mentally and physically.

He showed you
the great sorrow he lives with

for what he did that night

and, and this is what
really matters,

he showed you
his extraordinary courage.

And what do I mean by that?

Brendan Kay is a man
of low intelligence.

He's vulnerable to bullying,
and manipulation, and threats,

and, despite all that,
he found the thing inside

that the bullies
couldn't touch.

The courage not to do what was
asked of him that night.

He hurt another man
in the most dreadful way

knowing he had to
in order to save him.

I mean, how hard is that?

I mean,
how hard is it, calling 999,

knowing that the people
who have pulled out

every one of your
toenails might find out?

His Honour is about to tell
you what the law is.

I haven't spoken about that.

The law and what's right
and what's wrong aren't
always the same thing.

That's why we have you.

Juries tell us, the lawyers,
about the space
between the rules,

and that space is occupied
by common sense

and humanity.

The law is clear.
It's not in dispute.

You should go back to your
jury room now,
elect a foreman,

and return to court
to perform your duty,

returning a verdict of guilty.

All rise.

Have you reached a verdict
upon which you are all agreed?

Yes.

As you have been directed,

do you find
the defendant guilty
of grievous bodily harm,

contrary to section 18 of
the Offences Against
the Person Act?

No.

Not guilty.

(SIGHS)

You're free.

How are you feeling, miss?

Foolish, Billy.

I feel foolish.

(MOBILE CHIMING)

Your phone's ringing.

No, it isn't.

Why are we walking this way?

Anne Boleyn in
her wedding barge

and then, five years later,
the black boat to the tower.

Charles II rowing
down to Richmond

for a bit of how's your father
with Nelly and her melons.

Steve Redgrave's sweat
is in that water,

the diabetic perspiration
of the greatest-ever Olympian.

There's nothing
foolish about this.
You're part of history, miss.

Shakespeare put his hand
in that water,

Martha Costello
walked this way.

I brought you down here
because I am so
proud of you,

and I want to see you walk
the full length of
Middle Temple Lane,

all 300 yards of it.

Go on, miss.

(MOBILE CHIMING)

Sorry.

BILLY: Jake?

They cut his fingers off.

His nose, his ears,

and they cut out
his tongue, Billy.

Both his eyes.

He's dead.

Brendan Kay's dead.

Are you coming or what?

Yeah.

-What is it, Billy?
-Nothing.

Ken Dodd moment?

Yeah.

- Absent Friends?
-Hmm.

It's six weeks since
Brendan Kay was murdered.

I don't know how you've got
the nerve to smile.

People are saying
that you only got
silk because you're a woman

and that the Bar is trying
to look less male and posh.

I will not work for that man.

I need you to
tell me everything.

Change tack, Clive Reader.

Prosecute, and you'll
walk into silk.

You're very
direct for an officer
and a gentleman.

This isn't
supposed to happen.

-Falling for a solicitor.
-No.

One Afghan civilian killed,
collateral damage.

I did what I did for good
military reasons.

Would he be dead if I'd had
the courage to say something?

Why the hell
didn't you tell me?