- 7 months ago
Crown Court - Hunger Strike.
Prison Doctor, James McKenzie, is accused of manslaughter when a prisoner in his charge dies from forced feeding, whilst on hunger strike.
A brilliant script and a bravura performance from Richard Wilson, who excels as prosecuting counsel, Jeremy Parsons. Fulton Mackay (best known in Porridge as Mr Mackay and an appearance in Doctor Who and the Silurians) also gives a touching performance as the dead man's father.
Prison Doctor, James McKenzie, is accused of manslaughter when a prisoner in his charge dies from forced feeding, whilst on hunger strike.
A brilliant script and a bravura performance from Richard Wilson, who excels as prosecuting counsel, Jeremy Parsons. Fulton Mackay (best known in Porridge as Mr Mackay and an appearance in Doctor Who and the Silurians) also gives a touching performance as the dead man's father.
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TVTranscript
00:00:00You
00:00:30There is no doubt in my mind that my son died because of his political beliefs, but no other reason mr.
00:00:36Timmy well, it's about time. Somebody said it
00:00:37I must see what's coming up in this case already that you confine yourself to learn in counsel's question
00:00:43I bet they've got to be made to see what harm I feel sure that there is no one in this court
00:00:47Who's does not sympathize with you profoundly over the circumstances of your son's death?
00:00:52But you must be able to disentangle the facts from your own very
00:00:57Understandable distress and give us as plain an account as possible of what you actually know and saw yourself
00:01:06No, well mr.
00:01:07Parsons now as a result of what happened on the picket line your son received a prison sentence
00:01:12I just for defending him sir six months for assault. When did you first see him in the prison?
00:01:17Oh, it was about two weeks after that
00:01:20I got a letter to the assistant governor major Hawkins
00:01:23And he said that a Davey was refusing to eat a drink and when I could earn and see a bit
00:01:28I didn't want it to tell us what major Hawkins said, but as a result of what he said, did you take any particular action?
00:01:35Did you ask to see your son? Oh, I I and the to be done
00:01:39He's cell was a terrible place an old cell and an old prison dumb and I mean it was a disgrace
00:01:46Anyway, Davey was lying in his bed see and he looked pale and sick and I said to him well Davey
00:01:53What's all this about, you know eat and he said well, just a moment
00:01:57He's just a moment now what your son said is strictly speaking hearsay evidence
00:02:01However, I will admit as evidence anything that he may have said which has a direct bearing on the circumstances of his death
00:02:09I have not finished yet
00:02:12The prison doctor is here charged with manslaughter
00:02:15And I will admit anything that he may have said that has a direct bearing on that now, is that clear?
00:02:23Yes, but a lot
00:02:24I'm sure mr. Parsons will keep you within those boundaries
00:02:30applies to a lot you sir, mr. Tim as you
00:02:33Spoke to your son and he said dad
00:02:36He says they're trying to treat me like an ordinary prisoner
00:02:38So I'm in a hunger strike for my rights because I'm a political absolute nonsense
00:02:43He was in for common assault for using unlawful violence against others for what purpose is quite beside the point and there is no such
00:02:50Thing as a political prisoner at least not in this country
00:02:54Well, if it's defend his rights as a trade unionist, wouldn't it?
00:02:57Did your son say what extra rights and privileges he was seeking which prisoners don't normally enjoy?
00:03:02Yes
00:03:04He said he wanted his own clothes to wear and he wanted food brought in the outside
00:03:10So, you know wouldn't have to eat that stuff the slop up to the prison and he said
00:03:15Said it wanted special visits for Union officials. Yes, and I'm mr. Timmons. Did you reply to your son?
00:03:23I mean in the prison. Did you answer him? Oh, yes. I said to him. No, don't be daft TV
00:03:28I said get some food in you. Yes
00:03:31In fact, you advised him
00:03:33To discontinue his protest. I did but he wouldn't listen to me and then that doctor come in all smooth like this as well
00:03:41As your father managed to talk some sense into and David tell me get stuffed and then he said
00:03:47Don't you think I'm gonna give up and I said to him what you mean by that?
00:03:50I said you can't force that boy eat because Roy Jenkins has said that what did he say to that?
00:03:55He said I decide what is best for my patients. Mr. Timmons. That's what he said
00:04:00No, he was threatening him because I knew what he meant my lord. You wish you try to keep your witness in order. Mr
00:04:06Parsons it is rather difficult. My perhaps you should try a little harder my lord
00:04:11Say, mr. Timmons, uh
00:04:13You say your son was threatened by this doctor. Yes
00:04:18What exactly was the nature of these threats?
00:04:21The doctor said he said I'm gonna make damn sure that you don't turn yourself into a martyr
00:04:26I'm going to make damn sure you don't turn yourself into a martyr those exact words
00:04:30Aye, and you said it more than once to as far as you could judge yourself. Did this have any effect on your son?
00:04:37Well, he was frightened him, wasn't he? I mean he was he was definitely frightened of being force-fed. Yes
00:04:46When did you see him again?
00:04:49Be about three weeks after that
00:04:53Do you remember the date it was the day
00:04:56Well, he died that night. Actually, it was about 10 in the morning the day that he died August 6th. That's right
00:05:04They sent a car room for me, you see and
00:05:07Davy was in the prison hospital and he looked terrible. I mean just looked like an old man
00:05:12His mouth was all cut here and he'd lost some of his bottom teeth and his face was covered in bruises
00:05:18Was he still conscious? Aye, but only just
00:05:21He said to me he said I'm not I know I'm gonna die dad
00:05:25He says I haven't got long to go and then he said that he knew that this would be the last time he would see me
00:05:32My Lord, since I am now going to ask this witness what his son said to him as to the cause of these injuries unless my
00:05:37Learned friend wishes to object I give him the opportunity to do so now in my submission this young man had a hopeless
00:05:45expectation of imminent death
00:05:47And accordingly what he said is admissible as a dying declaration. Mr. O'Connor
00:05:53And that seems to be right surely
00:05:55So be it my lord
00:05:57Now Mr. Timmons, how did your son explain these injuries?
00:06:01He said he'd been force-fed. He could just whisper
00:06:05He said he had fought to resist but the doctor was too strong for him
00:06:10And he said he knew he was going to die and he was glad
00:06:14He said to me he said I'm willing
00:06:17To die for the cause of freedom so that my life might pave the way to a better
00:06:23Understanding and then he said I want others to live in peace and love
00:06:29And I never seen him again till after he was dead yes now
00:06:32I want you to be very careful how you answer this on that visit. How did his mental state appear to you?
00:06:38He was fine clear and rash. Oh, I was fully conscious. I mean it wasn't a delirious or anything. He just knew he was gonna die
00:06:46Yes, and
00:06:48When did you see him again?
00:06:51Major Hawkins came in the next morning. You see and told me he had died during the night
00:06:56And I went to the prison mortuary
00:06:59and he was
00:07:00He was just like something a concentration
00:07:04Yes, mr. Jones, I'm sorry to have to keep questioning you like this. It's all right. I'm all right
00:07:12And we I said to this major Hawkins. I said there's a gonna be an inquiry about this. I
00:07:16Inquiry about this I
00:07:18Says it because I'm gonna get my own doctor
00:07:20I said I knew what had happened already and I was gonna tell the whole world about just a moment
00:07:26I must explain this point now when a post-mortem is carried out the next of kin has a right to retain a pathologist of its
00:07:32Own who may be there at the examination and produce his own report
00:07:37So the coroner's office would inform the next of kin when a post-mortem and where a post-mortem was to be carried out
00:07:45Lies to your lordship. So mr. Tim as you say you told the major Hawkins of your intentions
00:07:51Hi, and he said that he would keep me informed. I said were you subsequently visited by the coroner's officer?
00:07:56Hi about half-past ten that morning
00:07:59And he didn't tell me when the post-mortem was going to be held
00:08:03And in fact if it's going on at that very minute
00:08:05They were keeping it quiet trying to rush it through hush up because they knew
00:08:09Me mr. Timmy's what you are saying now can only conceivably be speculation
00:08:15Will you please confine yourself to what you know?
00:08:20Yes, my lord
00:08:22Anyway, when we find out my doctor mark my solicitor insisted that we're a
00:08:29Would you call a pathologist? Hi the earth pathologist a would carry is in post-mortem and
00:08:37So he did and I took this report of the police and it showed definitely
00:08:41What had happened while he's been force-fed and that is the reason that he's there a new charge the manslaughter my son
00:08:49Yes, thank you, and by Christ. He's lucky. It's not something worse. Thank you. Mr. Timmons
00:08:57It's a very moving story mr. Timmons
00:09:01what a
00:09:03profoundly moving story
00:09:05Your young son fights for his rights as a trade unionist and loses his life in conflict with the authorities and obscure prison cell
00:09:12My lord, is this really necessary? Yes, I sincerely hope this is going to be justified. Mr. O'Connor
00:09:18My learned friend will be patient for one moment. You'll see that it is
00:09:23Even had a martyrs funeral I believe
00:09:272,000 marches in the street procession banners even a bagpiper
00:09:32I'm going to let the whole world know just how he died were your words. I think sure I want the truth to commit
00:09:39Indeed, and so do we all?
00:09:43How old was your son mr. Timmons what how old was your son?
00:09:4819
00:09:49He was 19 when he died
00:09:52Now had he in his short life
00:09:54Serve two sentences in an approved school and one in Boston for various crimes ranging from housebreaking to beating up his headmaster
00:10:02No, this is good. That's got nothing to do it. You have told us that he was not a criminal neither
00:10:06He was I mean, that was just high spirits very high considering his headmaster had to have 12 stitches
00:10:13Well, I mean the boy did go through a wild patch
00:10:15I'd met that but I mean he turned over a new leaf and the proof of that is all the welfare what he done
00:10:20He ran a youth club by himself spent all his time trying to help people he was near criminal
00:10:25He was a wonderful boy. Is he your only son? Mr. Timmons?
00:10:28Yes, and now he is dead. You're seeking to idealize him
00:10:32You want to turn him into an important figure the innocent martyr and that is why you wanted these proceedings brought
00:10:38That's a lot of rubbish that but you did send your own pathologist report to the police
00:10:42Did you not sure I try to get them to institute these proceedings every right?
00:10:46You are contracted after this trial to write three articles for the Sunday sketch
00:10:52My son's secret death according to the advance publicity. Yeah, but I told you I want the truth to commit
00:10:59Exactly. Hence my question
00:11:04So let us turn to another matter
00:11:06on August the 6th
00:11:08And force-feeding had begun
00:11:10You say that your son was clear-headed and rational
00:11:15I'm sure he was
00:11:18Really mr. Timmons
00:11:20He was literally on his deathbed
00:11:23No food had passed his lips for weeks for five full weeks
00:11:28And he was entirely rational
00:11:30He was
00:11:31He said oh, I know what he said. We've read about it all of the newspapers. Mr. Timmons
00:11:36I'm willing to die for the cause of freedom and so on. Well, that's what he said
00:11:41Yes, well, you will hear medical evidence to say that at the time he was delirious. No, he wasn't
00:11:48You realize why the mental condition that he was in at the time force-feeding took place is critical to this case, don't you?
00:11:56No
00:11:57No
00:11:59You're unaware that under the new Home Office guidelines
00:12:03Force-feeding is only permissible where the prisoner is clearly irrational and not in command of himself
00:12:11I don't know about that
00:12:14You've no idea? No
00:12:17It's a bit thought, please
00:12:20Thank you
00:12:23Did you not write this article, Mr. Timmons? It's the Fortress the Gazette
00:12:28July the 18th my son's prison ordeal by Daniel Timmons. Yeah, that's right
00:12:35So in paragraph 8, is there not a clear summary of the new Home Office guidelines about force-feeding
00:12:42Emphasizing the very point that I have just made. I bet this article was ghostwritten. Yes, but you must have read it
00:12:48No, I just give them the facts later. You must have read it. Well, maybe I skimmed about I never actually read it
00:12:55I'm sorry, Mr. Timmons
00:12:58But you not read an article like this one
00:13:01Published under your name about your own son's approaching death. No, I couldn't bear to read anything about my own son's approach
00:13:08No, you'd rather profit from it
00:13:13This matter of the doctor's alleged statement
00:13:16I'm gonna make damn sure you don't turn yourself into a martyr. You write about that in your article, too
00:13:21You know clear threat to force freedom
00:13:23So you say? Well, what else could it have been?
00:13:27Suppose that the doctor had decided he was not dealing with a wild young
00:13:32idealist and martyr, but a silly
00:13:35immature
00:13:36Emotionally unstable adolescent who might grow up in time. What does not then the statement take on a totally different conclusion?
00:13:43It was a clear threat. It was threatening
00:13:46Did he read books your son?
00:13:49Yes
00:13:51What kind of books? Well
00:13:54Political mostly
00:13:57Yes, he had considerable political aspirations. Did he not?
00:14:01He would have been an MP by the time he was 30
00:14:04Well, I want you to look at this passage in this book, which I've just marked please and read it aloud
00:14:09What is it? Never mind that for the present. Just read it out
00:14:14Yeah, I
00:14:17Am willing to die for the cause of freedom so my
00:14:24My life may help pave the way to a better understanding I want others to live in peace and love
00:14:32That is from the ragged trousered philanthropist the death of the hero page
00:14:39486
00:14:40Well interesting don't you think I mean maybe he was quoting fit and I just didn't he realized perhaps he was
00:14:46Or perhaps you made the whole thing up. Mr. Timmons or perhaps he was delirious at the time
00:14:52And that is what you would like him to have said
00:14:55No
00:14:57You
00:15:18Are dr. Walpole rambler and your consultant pathologist as in Rocco's Hospital Dundee. Yes your qualifications doctor
00:15:26MBBS from London University member of the Royal College of Physicians
00:15:29Fellow of the Royal College of pathologists for whom do you normally carry out postmortems?
00:15:33I'm asked by the hospitals, of course
00:15:36But also by the police the Home Office and all the authorities in the last 15 years
00:15:40I've carried out several thousand postmortems. Will you privately retain to examine the body of David Timmons earlier this year in Fujita?
00:15:47Yes. Yes, and what date was that?
00:15:50May I consult my notes my lord certainly dr. Ramler
00:15:56August the 10th 230. Yes, and where did it take place at the city mortuary? I was accompanied by a coroner's officer
00:16:04Four days after death. Yes, my lord
00:16:07There were two postmortems in this body
00:16:09The first one the official one on August 7th by the food pathologist the second one a private one by dr. Ramler on August 10th
00:16:16I
00:16:18See now, will you please tell the jury what you find? I was asked to examine the stomach wall
00:16:24It was perforated in two places in a manner consistent with the forcible use of the stomach tube
00:16:29I was asked to examine the bronchial tubes
00:16:32They contained matter usually associated with the early stages of pneumonia, but also a quantity of food
00:16:38Now, how did that get there in my opinion only by forcible feeding? Yes, could you explain that for us?
00:16:44In forcible feeding the feeding tube is passed through the nose along the back of the throat towards the stomach if the job is bungled
00:16:52Then food enters the bronchial tubes and trachea instead and the patient chokes. This can be extremely dangerous
00:16:59for
00:17:00Central teeth of the in front of the lower jaw were also missing and there was considerable bruising around the mouth and
00:17:06Along the lower half of the face. There was a deep cut here. This would be consistent with
00:17:12Rough handling while the patient was being forcibly fed
00:17:15If a prisoner does begin to choke dangerously whilst being forcibly fed it would prompt action by the doctor
00:17:22Save him. Oh, yes. Yes
00:17:25And tell us
00:17:26Doctor, what were your final conclusions?
00:17:29Though the body was an emaciated condition
00:17:32I believe the cause of death was asphyxia due to liquid food entering the trachea and lungs
00:17:39Contributory factors may also have included
00:17:41Exhaustion through choking and the rough manner in which the patient appears to have been handled before his death. Yes
00:17:48Thank you, Dr. Ramler
00:17:53Those are very remarkable conclusions. Dr. Ramler. They are my conclusions most remarkable
00:18:00You're so certain about them. For instance these perforations of the stomach wall
00:18:06Yes go out of your way to suggest the cause if you like
00:18:10Although you can have no possible first-hand knowledge of this, but what else could it have been? I'll come to that
00:18:17First, would you have a look at this tube? It's a bit five please
00:18:23You will note that is extremely soft and supple I
00:18:27Doubt if it will penetrate so much as a sheet of tissue paper, but this is not the tube used
00:18:32How could you possibly say that? Well, it's not strong enough to perforate the stomach wall. Exactly
00:18:39Your report jumps the conclusions that cannot possibly be justified by the evidence and this is an example of it
00:18:46Prosecution and defense are agreed that that is the actual tube used. I'm sorry. You don't understand
00:18:52I was asked to see if the markings of perforations in the stomach wall could have been caused by a feeding tube
00:18:59I see your conclusions were suggested to you. The objects of my examination were defined. Yes, but your um
00:19:07Your brief shall we call it made certain suggestions and you were asked to look for evidence to support them if you like
00:19:15It's very interesting
00:19:16That brief contained in a letter. It was a verbal agreement face-to-face on the telephone made with whom?
00:19:24with mr. Timmons a solicitor
00:19:26Wrote it down. I jotted down the main points. Do you still have the notes? I'm afraid I don't
00:19:33Pity but I do remember them. Oh
00:19:36So you can tell us if you were specifically asked to look for any signs of food in the trachea. Oh, yes
00:19:42Any signs of rough handling? Yes
00:19:46So your examination could hardly be called objective, but the examination was objective
00:19:50How could it possibly be so if your
00:19:53Conclusions were suggested to you at the very time when your fee was negotiated. I think you might wish to rephrase that question
00:20:00Mr. O'Connor, there is no need my lord
00:20:03As there was no fee
00:20:06What I charge no fee expenses no expenses
00:20:12You traveled all the way down from Dundee to carry out this post-mortem
00:20:16And you didn't charge so much as your your train fare. That is correct
00:20:21Why?
00:20:24I'd read about the case in the newspapers
00:20:26What did you read dr. Ramler about the next-of-kin being excluded from the official post-mortem and that seemed to me very bad
00:20:33So you felt very strongly about this case. Yes, that is correct
00:20:36And I put it to you again that your report is a deeply biased document
00:20:39No, well, I think the jury will make up their own minds on that point
00:20:44Now how many days after death did you examine the body four days? Yes, isn't that an excessive delay?
00:20:49It's quite adequate. What was the condition of the body there and of course one post-mortem had already taken place. That is so
00:20:57Four days and after the first post-mortem had already taken place. You can be as positive as this certainly
00:21:04Would it surprise you of the evidence of the pathologist who took the first official post-mortem when given to this court entirely
00:21:11Contradicts your own findings. I'm quite certain of my own findings
00:21:15So have you ever in your life carried out a supplementary post-mortem like this one before? No, it's almost unheard of
00:21:21Isn't it? It is due to the fact that first boy. Yes. Yes, that's all being explained. Thank you very much. Dr. Ramler
00:21:28But could some of the things that you mentioned in your report
00:21:31In fact have been caused as a result of the first official post-mortem. I don't know what you mean
00:21:36Well, uh, could the uh perforations of the stomach wall? Oh, I see. No, no, not possible
00:21:42Because uh, the perforations are not consistent with the use of a metal blade
00:21:46And tell me when you examine the bronchian lungs
00:21:49Have they already been laid open at the official post-mortem? Yes. Yes. So not only laid open but separated
00:21:57That is so
00:21:58I put it to you doctor. Is it not extremely likely that these traces of food
00:22:03Were accidentally transferred from the areas of the stomach to the lungs and so on
00:22:07At the conclusion of the first official post-mortem. No, I do not think so
00:22:12Why not?
00:22:13It just did not have that appearance
00:22:15How enviously certain you can be about everything. Dr. Ramler
00:22:21Tell me
00:22:22You always as positive as this in your private appearances in court. I beg your pardon
00:22:27Well in the last five years
00:22:29I beg your pardon
00:22:31Well in the last five years you have appeared as an independent expert witness in 13 court appearances all over the british isles
00:22:39Yes
00:22:40Are all these appearances made without fee?
00:22:44Yes
00:22:45Without fee or expenses of any kind. That is correct
00:22:50And is there not a curious consistency about these cases in which you appear privately? I don't know what you mean
00:22:56In all 13 cases the evidence that you presented was heavily embarrassing to the police. Isn't that so?
00:23:03Maybe so. Maybe so is so Dr. Ramler
00:23:06In this case it is alleged that the coroner's office that is the police
00:23:10Omitted to inform the next of kin of a post-mortem
00:23:14You have told us that you read about it in the newspaper. Yes, that's correct
00:23:19Did you then telephone Mr. Timmons?
00:23:21Having traced his name through the phone book and offer your services free of charge
00:23:26My findings are scientific. I mean did you telephone Mr. Timmons and offer your services free?
00:23:31But don't you see there can be
00:23:33Dr. Ramler, I direct that you answer that question
00:23:38Yes, no, Mr. O'Connor, I think this would be a convenient time to adjourn
00:23:56So
00:24:01The jury in this case is comprised of members of the general public the case of the queen against Mackenzie
00:24:06Will be resumed tomorrow in the crown court
00:24:26So
00:24:47As a result of his activities in a strike picket line this summer 19 year old David Timmons was sentenced to six months imprisonment for assault
00:24:56In Fulchester prison, he went on hunger strike and later died shortly after being artificially fed
00:25:03Dr. Mackenzie the young prison medical officer is charged with his manslaughter due it is claimed to his gross negligence in carrying out forced feeding
00:25:11Now in the witness box is dr. Ramler a pathologist
00:25:15Now let us get this quite clear doctor
00:25:18It turns out you read about this case in the newspaper
00:25:22You telephoned to Mr. Timmons and you offered your services free of charge
00:25:27You travel over 200 miles from Dundee
00:25:31to carry out an additional post-mortem
00:25:33And produce the report grossly hostile to the official one and by implication hostile to the police
00:25:40And you charge no fee or expenses whatsoever
00:25:44But I don't think that's quite relevant answer the question. Is that correct or no?
00:25:48It is impossible to answer such a question. That is no answer. Dr. Ramler this witness is being bullied
00:25:54Yes, I really think you might allow the witness to reply in his own way. Mr. O'Connor
00:26:00Your lordship pleases. I mean when I read about cases such as this, of course, my sympathies are aroused
00:26:06But my examination is impartial and scientific
00:26:09It would be of no use if it were not. Yes, but these other 13 cases in which you offered your service
00:26:14Yes, and you said they're critical of the police. I honestly was not aware of it
00:26:17No idea of it. No
00:26:19In each of those cases it seemed to me
00:26:22That either the defendant or their next of kin
00:26:26Needed outside help and that is what I offered
00:26:29Do you feel any resentment or hostility towards the police in general? No
00:26:34Have you or any close relative been in any trouble with the police? No
00:26:40Are you quite certain of that? Dr. Ramler? I'm quite certain of that
00:26:44Thank you
00:26:46Do you wish to re-examine Mr. Parsons? Only briefly my lord. Dr. Ramler as well as the qualifications you mentioned to us earlier
00:26:53Have you ever received an honor or award?
00:26:57Oh, yes
00:26:58The MBE last year. And what was that for?
00:27:01The newspaper said it was
00:27:04For 15 years as a senior pathologist. I believe they actually put it 15 years devoted and impeccable service to the community
00:27:13Is it true that you never accept a fee in needy cases? Yes, it's quite true. Thank you, doctor
00:27:20I call the defendant James Conan Mackenzie
00:27:37What is your religion? Presbyterian Church of Scotland
00:27:39What is your religion? Presbyterian Church of Scotland. Take the book on your right hand and read aloud the words written on the card
00:27:46I swear by almighty god that the evidence I shall give shall be the truth the whole truth and nothing but the truth
00:27:54You are Dr. James Conan Mackenzie
00:27:57MBBS MRCP and you reside at 31A Greenmarket Fulchester. That's right
00:28:03What is your present position? I'm medical officer of Fulchester prison. How long have you held that position? A year
00:28:09Now let us get one thing absolutely clear at the outset. How many times did you artificially feed the prisoner David Timmons? Twice
00:28:18On either of those occasions did anything whatsoever go wrong? Nothing
00:28:23Now is there the slightest question in your mind about whether the food might have entered the windpipe instead of the gullet?
00:28:29The feeding tube might have punctured the stomach wall. Both suggestions are idiotic
00:28:35Thank you
00:28:37Now, would you please describe to the jury the process of artificial feeding as it is now practiced?
00:28:43There are two methods
00:28:44intravenously and by tube
00:28:47The first method is used if the patient is unconscious and as you are feeding directly into a vein what you can give them is
00:28:53rather limited
00:28:54The other method is by soft tube directly into the stomach that tube
00:29:00In this way, you can give them anything liquid
00:29:03soup eggs
00:29:04milk
00:29:06Both methods are painless completely and simple very simple
00:29:11Are you aware of the home secretary's recent statement in the house of commons?
00:29:15Suggesting certain guidelines to be followed in future about when compulsory feeding is justified. Of course I am
00:29:22Would you describe those to the jury too, please?
00:29:25There used to be a tradition that you should not let a prisoner starve himself to death that no longer holds
00:29:32If a man goes on hunger strike now, you must first satisfy yourself that he is capable of rational decision
00:29:39If he is you explain to him the inevitable consequences of starving
00:29:44You tell him that nobody has to force feed him anymore and then you leave him to get on with it
00:29:49If however at any time subsequently he loses this ability to judge for himself
00:29:55Then the judgment must be the doctor's
00:29:58Did you examine david timmins when he first entered prison on july 1st, what was his condition then a1
00:30:04When did you see him next about six days later?
00:30:07I had a note from the governor asking me to visit him
00:30:11I went along to his cell
00:30:14I remember he was lying on the bed and he grinned at me as I came in the door
00:30:18I examined him and found him to be suffering from malnutrition
00:30:22He told me he'd not eaten or drunk for six days
00:30:26Did he say why he said he was
00:30:28On hunger strike because he was a political prisoner and didn't intend to be treated like a common criminal
00:30:34I told him not to be so damn stupid
00:30:37What was his reaction to that? Oh, he laughed
00:30:41Now did you form any judgments as to his general condition on that day? He was weak, but otherwise in satisfactory condition
00:30:49He was coming to the end of the first week of total fast when the pain of hunger actually disappears
00:30:57Mentally he was lucid
00:31:00and rational
00:31:01But acting the part I thought what do you mean?
00:31:04Well, he asked me if I would telephone the newspapers and tell them what he was doing
00:31:09Now there was no question of artificially feeding him at this stage. No
00:31:14What happened thereafter?
00:31:15I visited him daily
00:31:18At this time he was taking water, but still refusing food
00:31:23At the end of the first fortnight. He was weak. So I had him removed to the prison hospital
00:31:28And by week three, he was very feeble and becoming mentally obsessive
00:31:34Obsessive people who go without food for any great length of time become extraordinarily obsessive about the righteousness of their cause
00:31:42David would sit on his bed
00:31:44Hunched up with his chin on his knees motionless. If he spoke at all, he would speak from that position without moving
00:31:52people in such a state brood obsessively
00:31:56And the slightest suggestion that they may not be 100% right can throw them into wild and irrational rages
00:32:03Did you discuss the reasons for his hunger strike with him? Yes every day
00:32:08He wasn't going to get away with it. You've got to know him. Well, very well
00:32:13What did you think of him?
00:32:16In some ways he was immature
00:32:18in others
00:32:20very admirable
00:32:22He'd spent every moment of his spare time working for good causes
00:32:27And to be quite frank, it was difficult to argue with many of his criticisms of society
00:32:31But he would strike some extraordinarily childish attitudes
00:32:35like this hunger strike business
00:32:37Now did you at any stage say to him i'm going to make damn sure you don't make a martyr of yourself
00:32:44quite possibly
00:32:46What did you mean?
00:32:47I meant that I intended to persuade him by argument
00:32:52Not to throw his life away needlessly
00:32:55It was not a threat to force feed
00:32:58No
00:33:01When did you
00:33:02First force feed him in fact
00:33:04on the morning of august the sixth
00:33:07And that was the day that he actually died as it turned out
00:33:11I went to visit him as usual at about 8 00 a.m
00:33:14And I noticed the first symptoms of some infection or fever
00:33:18Dr. Mackenzie, what significance is that? Well, people don't actually die of starvation but of
00:33:24Any bug they may pick up when their bodies are too weak to resist anymore
00:33:29So I realized that that was going to be the critical day
00:33:32What did you do?
00:33:35I decided to have one last attempt to make him see reason
00:33:40I put my arguments to him forcefully during the course of this. I must have said something which
00:33:45Enraged him in the way. I described just now because he flew into a violent
00:33:50Wild rage he half lifted himself off the bed and he threw himself at me. He was almost foaming at the mouth
00:33:56I half caught him, but he crashed his face against the iron frame of the bed
00:34:01That's how he sustained most of the injuries which
00:34:04Some people have been making such a song and dance about at this trial. It's the lost teeth the cut mouth and so on
00:34:09That's right. So what happened then?
00:34:12I decided that he was irrational and that I would be obliged to force feed him
00:34:16I fed him once then before his father's visit and again that evening at 10 p.m
00:34:23With what effect? None
00:34:25The infection soon manifested itself as pneumonia which in my opinion was the actual cause of death
00:34:33It took hold with extraordinary speed and in spite of every medical step, which I took he died as I was holding him
00:34:41at 10 40 p.m
00:34:43How long had the second force feeding taken?
00:34:47perhaps
00:34:4910 minutes
00:34:51So he died 30 minutes after it had been concluded. That's right
00:34:56Now had he at any stage during that second force feeding choked? No
00:35:02Did you administer the feeding by yourself? Yes on both occasions? Yes. Wasn't that irregular? I'm perfectly capable
00:35:10I didn't suggest otherwise doctor good
00:35:13Did he resist?
00:35:14Hardly at all. So you did not have to use force not in the least
00:35:18What did you do immediately after his death?
00:35:23I informed the prison officer on duty what had happened. I
00:35:28Telephoned the coroner's office and the home office to set that in motion
00:35:32I went to my office and wrote out my report typed it
00:35:36Had it signed witnessed and delivered to the governor's office by 2 a.m
00:35:41And then I went home
00:35:43And cried like a child
00:35:48So
00:36:01If I may say so dr. McKenzie, you're an extraordinary high opinion of your own abilities, I think I know my job
00:36:07Yes, so it appears that is surely an equivocal characteristic of one so young. Is that a question?
00:36:14No an observation. Do you expect me to comment? No. Thank you
00:36:18You were very inexperienced at the time there weren't that has nothing to do with it. Answer the question
00:36:23I know doctors of 50 years experience who are absolute fools ability is what counts. Of course, which you have your fair share
00:36:30I know what i'm doing
00:36:32Well, we shall see about that
00:36:34How long had you been a prison medical officer when this happened?
00:36:38Four months how long a qualified doctor three years and you've never in your life force-fed a prisoner before
00:36:43No, not even witness one. No, and yet you carried out this force feeding
00:36:48Entirely by yourself
00:36:50Without even calling for advice. Let alone assistance. I didn't need any
00:36:55Sure in the circumstances it had been far wiser to have others present even just as witnesses. I didn't need witnesses
00:37:01You preferred not to have a witness. That's a stupid distortion of my answer but without witnesses
00:37:07How can we possibly accept in view of the many doubts surrounding this case and in view of dr
00:37:12Ramler's findings that nothing went wrong
00:37:15Simply because I asserted
00:37:19Well, we should just take your word for it that's right well, that's a great comfort
00:37:27But you see you see even when pneumonia had manifested itself you still called no one else in why should I
00:37:33Because doctor this young man was dying and you were obliged to do everything humanly possible to save him
00:37:38I was doing everything possible in such cases. You have to act quickly. Oh quickly. Yes when pneumonia sets panic
00:37:44What did you panic doctor?
00:37:46You suddenly saw the end in sight. You knew you should have acted before quite untrue
00:37:51Suddenly I suggest you panicked you force-fed in a state of panic
00:37:56And bungled it and that is why you called no one else in isn't that so poppycock?
00:38:02So it wasn't bungled of course it wasn't bungled then how on earth do you account for the traces of liquid food
00:38:08Found by dr. Ramler in the trachea and bronchi
00:38:11Either ramler is incompetent or the food was transferred there during the first post-mortem
00:38:17The body gets very cut about during a p.m. Well, yes, we'll ask the official pathologist about that. Yes, I should
00:38:25Yes, I will good
00:38:28Good
00:38:30Now
00:38:31Let us turn to another extraordinary regularity in your handling of this case
00:38:35You told my learned friend you had not force-fed david timmons into the day of his death because up until then he had appeared
00:38:41perfectly rational
00:38:42Capable of rational decision. Yes. Yes
00:38:45Now, will you please explain again to the jury the reasons for this? I was following the roy jenkins guideline
00:38:51Yes, you were following the roy jenkins guidelines. Now. I wonder if you would look at this document
00:38:56Thank you. It is a copy
00:38:58of the home secretary's statement
00:39:00Exhibit six my lord the jury have copies I believe. Thank you
00:39:05Now you see dr
00:39:06McKenzie that in addition to the point you have just mentioned the guidelines say
00:39:11That if the medical officer decides not to force feed because in his opinion the prisoner is capable of rational judgment
00:39:18He should call in
00:39:20An outside consultant to confirm his finding. That's right
00:39:25You didn't do that
00:39:27It wasn't necessary not necessary sheer window dressing
00:39:32I see, so you're prepared to follow only the parts of this document that you agree with look david timmons was perfectly rational
00:39:39I don't see why I should waste a consultant's time and the taxpayer's money merely to satisfy the tender conscience of a professional
00:39:46Politician he was as sane as you or I so you don't agree with these guidelines
00:39:51They exist, but do you agree with them look every case is unique you cannot possibly lay down in advance a blanket formula
00:39:58Which covers every contingency not as they stand. Yeah, you must
00:40:03Exercise your own judgment. Of course. You must even to breaking rules. These are not rules
00:40:09Yes, but you depart from them at your peril
00:40:13Your departures seem eccentric to say the least of it
00:40:17For instance I have here
00:40:19Copies of your
00:40:21Report to the prison governor on david timmons condition exhibits seven my lord. They are agreed dockings
00:40:27Now on july the 17th you report
00:40:31Timmons condition is weak and he can no longer sustain a conversation
00:40:36july the 22nd
00:40:38Timmons is lucid only for 10 minutes at a time and he continues to make as much trouble for me as possible. That's right
00:40:45It doesn't seem to me like someone
00:40:47It doesn't seem to me like someone capable of rational judgment
00:40:52Those are comments on his ability to communicate
00:40:56Not his powers of judgment really
00:41:01July the 23rd you refer to him as a hooligan
00:41:06July the 25th as a thug
00:41:09Now this was your real opinion of this man, wasn't it?
00:41:11And all you told us about being impressed by him and him doing good for charity was all nonsense, wasn't it?
00:41:17Window dressing to use your own term
00:41:20You would have been perfectly justified in force feeding him before july the 25th and indeed you should have done so but for one thing
00:41:27You were determined to teach this young lad a lesson and therefore you were determined that he was going to break his fast
00:41:34himself
00:41:35That is why you didn't force feed and that is why you didn't call in a consultant or any outside help whatsoever
00:41:42No, and that's the crux of this whole case far from admiring this young idealist as you put it
00:41:47You regarded him as a young thug who had to be broken whom with your beliefs. It was even your duty to break
00:41:55My lord, my learned friend is making vague reference to my client's beliefs
00:41:59But he has done nothing that I am aware of to adduce what he thinks these might be
00:42:05Mr. Parsons. I was coming to it my lord. Well kindly do not come before your horse
00:42:11To mark it
00:42:13My lord
00:42:17Tell me dr. McKenzie, would you describe yourself
00:42:21It's insecure
00:42:22What on earth do you mean?
00:42:24well
00:42:25I mean, you're not married. You are very young. It would be surprising if you were sometimes afraid of the prisoners afraid of them
00:42:33I would like to read to you from an article in the footstool gazette
00:42:37Of july the 25th. Is that evidence? If that question is addressed to me, sir
00:42:42Then my reply is that learned council must have had a very good reason for it
00:42:46And then july the 25th the almost daily article was about you yourself
00:42:56I think I have the wrong paper there. Could I have this one july the 25th? Thank you
00:43:01And the paper says
00:43:03Young, dr. McKenzie is dictatorial
00:43:06Overbearing and much disliked by the prisoners
00:43:09He has a reputation of being hot-tempered and on one occasion at least
00:43:14Is reputed to have struck a prisoner who swore at him
00:43:18That's right. I read that
00:43:20Extremely damaging at a time like this wouldn't you say beneath contempt?
00:43:25Well, did you take any action about it? I wouldn't waste my time
00:43:29but wouldn't it have been far wiser at least to have
00:43:32Written to the editor to deny it. I wouldn't dignify that muck sheet with a letter
00:43:39Well, let's read you something else
00:43:41On july the 27th the writer of these articles said you had been when a medical student at st
00:43:47Fawkes secretary of the friday club there. That's correct an extreme right-wing organization
00:43:54He writes and in an article you wrote at that time. He quoted you as saying
00:44:00The irresponsible striker is the voracious cancer in our society, which must be ruthlessly
00:44:07eliminated
00:44:08Hardly original
00:44:10But your own view
00:44:12At the time
00:44:14And now
00:44:16You mean today?
00:44:18I mean when david timmons was dying whilst under your care doctor
00:44:23My views have changed
00:44:26He was changing them even then you see in what way was he look let me finish will you
00:44:34I'd never actually met anyone like him before
00:44:37He didn't convert me, but he made me think again
00:44:41Very convenient 11th hour. I don't find this easy to talk about what a pity. No one was there to witness it. Don't you think?
00:44:51Now you say you had daily discussions with him about the reasons for his hunger
00:44:55strike, yes
00:44:57Is that really your job? I was prevented from treating him medically. Yes, but you said that after the first week he had become
00:45:04Obsessive and incapable of discussion. Well, yes
00:45:08Yeah, so for four out of the five weeks of these discussions, so as you call them, it was all quite pointless
00:45:14I wouldn't describe them. So you sure they weren't simply harangues. What do you mean?
00:45:21It strikes me you're not very patient with those you don't agree with
00:45:24Perhaps I just don't suffer fools gladly. Mr. Parsons
00:45:30David Timmons was a fool
00:45:33only in some respects
00:45:35Come now doctor. I put it to you. It was you who could not bear to be crossed not David Timmons
00:45:41You determined to break him and therefore you withheld force feeding when any other
00:45:45Medical advisor would have deemed it necessary and in this you were grossly negligent. No
00:45:49No
00:45:53One other matter
00:45:57You have of course read the report of the official pathologist dr. Lumet on his post-mortem
00:46:02Yes
00:46:04He carried out remarkably quickly, didn't he?
00:46:07I believe so ten o'clock the next morning less than 12 hours after the death
00:46:11Almost before anyone has a chance to turn around so to speak
00:46:15And an extremely thorough post-mortem
00:46:19So my search has been suggested a supplementary post-mortem was in fact impossible
00:46:24What time did you inform the uh coroner's office of the death?
00:46:28about 1 00 a.m
00:46:30How?
00:46:31I left a message on the recorder phone and I sent a letter around there by prison governor a prison messenger
00:46:39And after you'd done all this
00:46:41I went home
00:46:45Really
00:46:47Well, you see
00:46:48I have here a copy of the log of the officer on duty at the prison that night
00:46:54At 4 00 a.m. Another prisoner was very sick
00:46:57And he telephoned you
00:46:59Receiving no reply. He sent a car around to your flat
00:47:03The flat was empty
00:47:06Yes, you weren't there dr. McKenzie, that's right. So this story about going home and crying like a child was untrue. It's perfectly true
00:47:15But I went out again. Oh indeed
00:47:17Where to that's irrelevant that is for the court to decide
00:47:24I I went to see a friend
00:47:27an old
00:47:29friend
00:47:30I desperately needed someone to talk to
00:47:33What friend was this?
00:47:36Male or female
00:47:40My lord
00:47:41I can see that it will serve the court no useful purpose to know this person's name
00:47:45In fact, it may seriously confuse things. Yes, I think we must hear it now
00:47:55For the name dr. McKenzie
00:48:00At uh, but at just before
00:48:034 00 a.m
00:48:05I went to see an old and good friend
00:48:08called jim lumet
00:48:12Lumet
00:48:15Dr. Lumet the official pathologist
00:48:20Who was to carry out this post-mortem some five hours later, yes
00:48:25So
00:48:38The jury in this case is comprised of members of the general public
00:48:41The case of the queen against mckenzie will be concluded tomorrow in the crown court
00:48:55So
00:49:25As a result of his activities in a strike picket line this summer 19 year old david timmins was sentenced to six months for assault
00:49:34In fulchester prison, he went on hunger strike and later died shortly after being artificially fed
00:49:41The young prison medical officer is charged with his manslaughter due its claim to his incompetence in carrying out the forced feeding
00:49:48Counsel for the prosecution has just discovered that in the middle of the night following david timmins death
00:49:54Dr. McKenzie visited the official pathologist at his private residence. Yes
00:49:59At 4 00 a.m. You went to the private residence of dr. Lumet
00:50:04And welcome to discuss this matter knowing that later the same day
00:50:09He was going to carry out the post-mortem and david timmins body. I realize how bad it sounds that doctor is extraordinary
00:50:16How well do you know? Dr. Lumet?
00:50:19He's a friend he must be a very particular one. He's a good friend
00:50:23That's why I was reluctant to give his name to the court
00:50:25Yes, well, I can assure you that attempting to conceal it. I was not attempting to conceal it to conceal
00:50:29It can only go against you
00:50:33How well do you know how long have you known dr. Lumet about six years
00:50:40Before you came to fulchester, that's right
00:50:44Is he a married man
00:50:46He's a bachelor you also I believe are unmarried
00:50:50Now you are dragging in red. No, no answer the question. Are you married?
00:50:54I am unmarried
00:50:56What form pray did this nocturnal visit take?
00:50:59I told dr. Lumet
00:51:01What had happened?
00:51:03And my deep distress and concern at the fact that what?
00:51:07that
00:51:08For five weeks I had had to watch a young patient slowly die
00:51:12That I had been legally unable to prevent it though every ounce of me cried out to stop it which I could easily have done
00:51:19I doubt if you have any conception what it's like to be a man's soul lifeline
00:51:23And yet have to sit impotently by and watch him waste away
00:51:28I felt my responsibility as this man's doctor profoundly
00:51:31But why go to dr. Lumet of all people that I admit was the stupidest thing in the whole stupid business
00:51:38I
00:51:39Went to him as my closest friend
00:51:42And the fact that he was the official pathologist and would very likely be carrying out the post-mortem later that day never crossed my mind
00:51:49It wasn't even mentioned
00:51:52And you expect us to believe look I don't expect you to believe anything
00:51:58It was a silly stupid mistake
00:52:02But I asked the jury to understand that it was
00:52:06Spontaneous and thoughtless that I was going out of my mind. I had to speak to someone
00:52:12And I went to dr. Lumet as my oldest and best friend
00:52:18The notion that some prosecuting counsel would one day perform somersaults in an attempt to put a sinister interpretation on it never entered my head
00:52:28This is another matter where you would just ask us to accept your word for it
00:52:31I suppose so well, would you accept at least that this action was irresponsible?
00:52:37Yes, here's another example of your determination to go your own way without any thought for others, whatever
00:52:45I put it to you that you set out to crack david timmons
00:52:49For reasons quite other than medical ones you deliberately
00:52:53maliciously and
00:52:55Irresponsibly decided to withhold force feeding in order to make him capitulate
00:53:00When he developed pneumonia you panicked you realized the position you had put yourself into you panic
00:53:07You force fed in a state of panic without assistance
00:53:11You bungled it
00:53:13And you killed him
00:53:15You were guilty of gross negligence
00:53:18During the five weeks of his hunger strike and during the last day of this unfortunate boy's life
00:53:24And finally you made a secret visit to the official pathologist in the middle of the night
00:53:29A visit you have tried to conceal from this court in a desperate attempt somehow to cover up the evidence of your gross and criminal neglect
00:53:37Every single thing you suggest is untrue
00:53:42Well, i'm sure the jury will have its own thoughts on that no further questions, thank you you may return to the dock
00:53:52You are dr. James whistler lumet and you are the senior official pathologist of the city of fulchester
00:53:59Yes
00:54:01Did you on august the 7th of this year perform a post-mortem examination on the body of david timmins age 19? Yes
00:54:10Exhibit eight, please
00:54:17Is this a copy of your report
00:54:19Yes, it is
00:54:21Now how many pages are there there?
00:54:2436
00:54:25I was aware of the possible trouble over this case. So I made a particularly exhaustive and careful examination
00:54:31What in your opinion was the cause of death pneumonia brought on by malnutrition
00:54:38Did you examine the bronchial tubes? Yes, they were slightly congested
00:54:43But there was no trace of foreign matter in them whatsoever
00:54:46Did you examine the stomach wall? I did
00:54:49Was it perforated?
00:54:51Absolutely not
00:54:53Now is it possible as in the course of your examination matter became transferred from the stomach to the bronchi and that
00:55:01perforations were
00:55:03Accidentally made by you in the wall of the stomach
00:55:06It's possible
00:55:08I had of course no idea that a second pm was to follow. Yes, it's perfectly possible
00:55:14Now, would you tell the court what was discussed between you and dr. McKenzie at 4 a.m on august the 7th?
00:55:22Well, he was in a terrible state
00:55:24He had had to sit and just watch this lad die when he could have prevented it
00:55:29But why come to you?
00:55:31I think he regarded me as a good friend
00:55:33His confidence had been badly shattered and he desperately needed to sort out his thoughts
00:55:39He talked for two hours without stopping
00:55:42I just made coffee and listened
00:55:45Now did he at any stage suggest or imply anything to you about tampering with the evidence?
00:55:52Good god. No
00:55:55Thank you. Dr. Lumet
00:56:03Dr. Lumet, uh, there were then uh, no complications in this case. No
00:56:08Then why a report?
00:56:1136 pages long i've already said i'm not going to tell you anything
00:56:15I wanted to be sure there were no loopholes
00:56:18Through which your friend. Dr. McKenzie might be attacked
00:56:21loopholes of logic
00:56:23loopholes of pathology
00:56:25Now, would you please look at this document, dr. Lumet
00:56:30Is that uh, not a copy of your report on your post-mortem and an old woman called elizabeth huffins
00:56:35Who died the same week?
00:56:38That is correct. What was the cause of her death?
00:56:41Malnutrition brought on by self-neglect and how long is that report?
00:56:46Four pages
00:56:51I see you did not bother to examine her stomach wall or bronchi, especially well in her case there was no suggestion of malpractice
00:56:59malpractice
00:57:01Yes
00:57:02Then your examination of tim's body was not objective but made in the light of any accusations that might be made
00:57:08Against your friend. Dr. McKenzie, the newspapers had been full of this case for weeks
00:57:13There was a stink on it could develop into a bigger stink. I was particularly careful
00:57:18Yes, you were in no way influenced by your friend's secret a nocturnal visit just after david timmon's death
00:57:25There was nothing secret about it
00:57:28But there were other people present no
00:57:32You told other people then no
00:57:35Well, then it was secret
00:57:36But the way you put it
00:57:38Yes
00:57:40You made it sound furtive
00:57:45But in view of the stink as you put it
00:57:49And the possible charges which might be brought against your friend would it not have been wiser
00:57:53To have had him sign a statement about his visit then there could be no doubt at all about his motives for it
00:57:59well, it might have been but
00:58:01but doctor
00:58:03Well, it would have been carrying things a bit far, wouldn't it?
00:58:06Would it?
00:58:09Tell me is this your signature would you give this to the witness, please?
00:58:18Is that a letter bearing
00:58:21Your signature which you sent to the coroner
00:58:24Yes. Yes dated four years ago
00:58:27Stating that in the case of a woman run down by a lorry
00:58:30The driver had been to you privately in an attempt to discuss the matter before you made out your report
00:58:35On your post-mortem on the body. Would you read the last sentence, please?
00:58:41I think it best to place his visit on record should the matter be raised in subsequent proceedings
00:58:47I take it that the lorry driver
00:58:50Was not a close friend of yours. No
00:58:53Indeed. No, but I suggest you did discuss the implications of timmon's death with your friend. Dr
00:58:59McKenzie
00:59:01That your examination was carried out in a defensive spirit therefore
00:59:05To answer any charges which might subsequently be brought against him
00:59:09And it is therefore biased and prejudiced and can in no circumstances
00:59:14Be a guide to the true causes of david timmon's death. It was a reliable report on an examination carried out before a witness
00:59:22A witness what witness the coroner's officer? Yes
00:59:26It was no medical experience, whatever
00:59:28Well, he has attended some has he any medical qualifications at all
00:59:34No, yeah, so for all his medical knowledge affects this court. You might as well be working alone
00:59:40I suppose so
00:59:41Thank you
00:59:43So
00:59:56Sergeant selvin edwards c division full sister constabulary my lord
01:00:01Sergeant edwards in addition to your normal police duties. Are you also coroner's officer? Yes, sir
01:00:08How long have you held that position? Well about about nine years
01:00:12Does this entail attendance at post-mortem examinations? Yes, it does sir. How many of you attended?
01:00:20Oh hundreds maybe thousands
01:00:23What is your function there? Well first sir, I identify the body you ensure that the pathologist is examining the correct body
01:00:30Yes, that is right, sir
01:00:31Then I take charge of and see if any samples he may wish to to produce in court
01:00:37And generally make sure everything well is according to the books
01:00:41Were you present at both post-mortems on the body of david timmins? Yes, I was
01:00:46Was the first examination a thorough one? Oh, yes, sir. It was very it was very very thorough indeed, sir
01:00:52Now when it was finished was the body in a suitable state to undergo a further examination by a different pathologist
01:00:59I thought we dealt with this this witness has no qualifications at all to answer such a question
01:01:04Yes, but my lord, he is a very experienced coroner's officer
01:01:07My lord, no matter how experienced he is. He can only answer questions in normal practice not in exceptional circumstances
01:01:15I was about to say my lord before my learned friend's enthusiasm ran away with him that he is a very experienced
01:01:22Officer and he has witnessed many hundreds of post-mortems
01:01:25Surely that should qualify him to make a general comment on the condition of the body
01:01:30My learned friend is asking for much more than a general comment
01:01:33He is asking this witness whether the condition of the body some four days after death
01:01:38Was such as to obtain reliable results to specific pathological tests and observations
01:01:43Now this I submit is a technical matter quite outside his province
01:01:47Yes
01:01:48I think I must agree with you. Mr. Parsons
01:01:52But my lord the effect of that will be to admit the report of dr. Ramler
01:01:56No, it would merely mean that this witness was not qualified to challenge its reliability that and no more
01:02:03Yes with respect you may refer to it in your closing speech if you wish. Mr. O'Connor now, please let's get on with it
01:02:10Sir lordship pleases
01:02:15One other matter sergeant
01:02:17Did you as a coroner's officer?
01:02:20Inform the father of the deceased as to the time and place of the post-mortem
01:02:25And of his right to send a qualified representative. Yes, I did sir. Did you log the occasion? Yes, I did sir
01:02:33It was at 10 past 11 on the morning of august 7th. That is the um
01:02:38the day after the
01:02:40After the boy died
01:02:42I went to 41 hollywood crescent saw mr. Timmons and so informed himself
01:02:46How did he seem?
01:02:48Well, so he seemed very upset but but he understood on him. He understood. Oh, yes, sir. Quite definitely, sir
01:02:54Well, he looked at me and he nodded but in any case sir, I left a little card
01:02:58Which gave the information as well, sir. I left it on the table
01:03:02Why did you do that?
01:03:04Oh, well, sir. Sometimes the next of kin are so upset. They don't
01:03:07Really know what you're what you're saying to them. So to make it absolutely clear. I oh, well
01:03:11I always leave a little card sir, which which says more or less the same thing
01:03:15But he understood anyhow. Oh quite definitely sir. Yes. Was anyone else present? No, sir. We were alone. Mr
01:03:22Mr. Timmons is a widower. I believe my lord. I really appear to see the relevance of all this
01:03:27Yes, I must confess to feeling a little left behind myself mr. Parsons
01:03:32My lord, I wish to show that the deceased father was inficially officially informed of the post-mortem
01:03:39But chose to ignore it. And how does that affect the charge of manslaughter against dr. McKenzie?
01:03:45Well, it would underline the fact that the prosecution has been initiated by mr. Timmons for for ulterior motives
01:03:52His reasons are propaganda outside this court
01:03:56He has a pecuniary interest in putting the
01:03:59Actions of the authorities in the worst possible light your purpose is to throw doubt upon the reliability of mr
01:04:06Timmons evidence
01:04:08Exactly my lord
01:04:10Well
01:04:11I suppose I must allow that
01:04:13Thank you, my lord in that case. I hope you will consider favorably any attempt to recall mr
01:04:17Timmons to answer any points about his evidence raised at this late stage. Yes. Yes, I suppose so well
01:04:24Let's get on with it now
01:04:27Aye, your lordship
01:04:30Sergeant edwards, can you remember your exact words when you told mr. Timmons about the post-mortem? Uh, yes, sir. I said, um
01:04:38I have to inform you that your son's body is to be examined at
01:04:43at um
01:04:44At 11 30 this morning at the city mortuary and that you have a right to to send a medical representative
01:04:50Sir, so any suggestion that you attempted to conceal the time and place of the post-mortem from mr
01:04:56Timmons is quite untrue
01:04:58Absolutely false, sir. Thank you sergeant
01:05:04May I see your notebook sergeant
01:05:07Notebook, sir. Yes the one you've just slipped back in your pocket. May I see it, please?
01:05:14Thank you
01:05:17Thank you
01:05:29Well, um, I see no mention here of what you said to mr. Timmons
01:05:34Yes
01:05:36But a moment ago you read to my learned friend the actual words you claim you used
01:05:42No, sir. He he asked my
01:05:44No, sir. He he asked my actual wording sir, and I told him
01:05:49You read it out
01:05:50No, sir
01:05:52You opened your notebook. No. No. No, how how could I have read out the um
01:05:57The exact wording sir when um, well as you say
01:06:00It isn't there, sir
01:06:02And how can you be so sure of what you said to him because I have said it so many times
01:06:07Would you always use the same words always sir?
01:06:10It's a bit undiplomatic at times, isn't it?
01:06:14Beg pardon, sir. I mean it's a bit blunt, isn't it?
01:06:17You're going into a household within a very short time of the death to tell them not to mince matters that
01:06:22The body's about to be cut up. Do they want to send someone along to watch?
01:06:28I mean surely where the family is stricken with grief you must somehow
01:06:32Soften what you say put your words in a less wounding more roundabout way
01:06:37I have told you what I say, sir
01:06:40so, uh
01:06:41There's no possibility that sometimes you may fail to get across no possibility at all, sir
01:06:48just trot out the same form and without
01:06:50Treat our favor so to speak. Well, if you if you if you like to put it that way say yes
01:06:54No matter how you feel about the case
01:06:58I have no feelings about this case
01:07:02Really none, sir
01:07:06But weren't you the officer who arrested david timmoth who charged him
01:07:11Who brought him to trial?
01:07:15Who tim and said at his trial accused at his trial of beating him
01:07:20And kicking him in his cell
01:07:22Of planting evidence using foul language and saying he deserved everything he got. Yes, but at the subsequent police inquiry
01:07:28I was completely exonerated, but he did make those charges. Yes, but little little pimps like
01:07:33They
01:07:40Well
01:07:42They're all always making accusations like that, sir
01:07:47And you say you have no feelings about this case
01:07:52I put it to you. You deliberately omitted to inform mr
01:07:55Timmons about this post-mortem so that no outside observers could be present because to use your own words
01:08:02You believe that david timmons deserved everything he got that's absolutely untrue, sir
01:08:09I see
01:08:11Thank you
01:08:13Now members of the jury my duty is to give you guidance as to the law
01:08:18And to assist you insofar as I am allowed so to do to reach a decision on the evidence
01:08:23But you are the judges of fact
01:08:26You and you alone must make up your minds on the question of guilt or innocence
01:08:32now
01:08:33The accused is charged with manslaughter
01:08:35In that on a day or days unknown between the 1st of june and the 7th of august he unlawfully killed david timmons
01:08:43Now the prosecution put their case two ways
01:08:46They say first that if as was dr. Ramler's opinion
01:08:50The cause of death was asphyxia through choking
01:08:53Then that was caused by the gross negligence of the defendant who chose to carry out this treatment on his own
01:09:00Now if you are satisfied that this was the cause of death and that the defendant was not merely careless or unfortunate
01:09:07But grossly careless and reckless then you would return a verdict of guilty
01:09:13second, however
01:09:14The prosecution said that if you accept dr. Lumet's opinion as to the cause of death the defendant is then still guilty
01:09:23Because he should have forth fed the deceased before he did
01:09:27And that he deliberately abstained from so doing through improper motive
01:09:33Now I must direct you that you must be very careful before convicting on that basis
01:09:39Now learning council have made great play with the home secretary statement in the house of commons on july 1974
01:09:46Suggesting the conditions under which force feeding may be considered necessary in the future
01:09:52It was a statement intended to clear up a certain confusion on this matter
01:09:56Which had been expressed among doctors and prison authorities recently
01:10:00But I must advise you that this statement is not law
01:10:06It did not give rise to a statute which is now part of the laws of england
01:10:11It is only an opinion as to common law and should not be regarded as an absolute yardstick. However
01:10:18It does recognize an important feature of english law
01:10:23And that is that a man of sound mind
01:10:26May refuse medical treatment even food and water if he so wishes
01:10:32But the corollary of that is that far from it being the duty
01:10:36Of a doctor to interfere with his patient against his patients express wishes
01:10:42It may well be a criminal offense for a doctor to treat a patient against his express wishes
01:10:48Should that patient be rational?
01:10:51That is for example not mentally ill
01:10:55accordingly
01:10:56Only if you were of the opinion that the deceased was irrational and mentally unbalanced
01:11:02And that the defendant knew this and neglected to act could you convict on this basis?
01:11:09Now let me remind you that the deceased father claimed that his son was rational when he saw him on the day that he died
01:11:17And remember that you must make a decision purely on the facts
01:11:23Now you may well think the defendant exhibited a certain overconfidence
01:11:28Even arrogance in the witness box that that in itself should not be held against him
01:11:35Only on the facts seduced by his examination
01:11:39And his cross-examination
01:11:41Should you base your judgment?
01:11:43And let me remind you members of the jury that you are not here to decide whether timmins
01:11:49Was justified in hunger striking still less the merits of his position
01:11:54And last let me tell you that it is of course the duty of the prosecution to prove their case beyond reasonable doubt
01:12:02If you should have a reasonable doubt, then you must return a verdict of not guilty
01:12:09now members of the jury
01:12:11Would you kindly retire to consider your verdict all stand?
01:12:21Will the foreman please stand
01:12:24Just answer this question yes or no. Have you reached a verdict upon which you're all agreed? Yes
01:12:29Do you find the accused guilty or not guilty of manslaughter guilty?
01:12:33James conan mckenzie you've been found guilty of the charge of manslaughter
01:12:41So
01:12:44Dr. McKenzie was given a conditional discharge
01:13:11You
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