- 6 months ago
A 1976 edition of Crown Court, made by Granada TV: all 3 episodes are contained in this upload. Stars Richard Wilson and Robert Flemyng as defending and prosecuting counsels respectively. Watch out for a wonderful guest star appearance by Miriam Margolyes as Marilyn Monroe no less!
Category
📺
TVTranscript
00:00:00The English police
00:00:30Davidina MacLeod and Hamish Stuart McKenzie,
00:00:58you are both indicted and charged with theft, contrary to Section 1 of the Theft Act 1968.
00:01:06The particulars of this offence being that you, on the 23rd of November 1975, stole a vehicle,
00:01:13a land oil tanker, the property of Polestar Petroleum.
00:01:18To this indictment, do you plead guilty or not guilty?
00:01:22Davidina MacLeod?
00:01:23Not guilty.
00:01:25Hamish Stuart McKenzie?
00:01:26Not guilty.
00:01:28Now, before this hearing begins, I would like to say something.
00:01:45I recall once reading in, well, in what was otherwise an excessively boring book,
00:01:50that anything may become a symbol at any time.
00:01:55And this would seem to apply to the case in the court today.
00:02:00It has apparently acquired a character that transcends a merely simple case of theft.
00:02:07Nevertheless, I am determined that this case will be conducted in a proper and seemly fashion.
00:02:15And I shall deal severely with any interruptions or attempted demonstrations.
00:02:20The jury in this trial has been selected from members of the public whose names appeared on the electoral register
00:02:28and who are eligible for jury service.
00:02:31Mr. Latimer.
00:02:33My lord.
00:02:33So, I call Marilyn Monroe.
00:02:36I call Marilyn Monroe.
00:02:44Take the Bible in your right hand.
00:02:58Read aloud the words on the card.
00:02:59I swear by almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.
00:03:07Now, is your full name Marilyn Monroe?
00:03:10Yes, it is.
00:03:11Yes, and you live at Fourth View, Nicholson Street, Grangemouth, Stirlingshire, Scotland.
00:03:16That's correct.
00:03:16And what is your occupation, Miss Monroe?
00:03:19I'm a telephonist in the Grangemouth office of Polestar Petroleum.
00:03:23And how long have you worked there?
00:03:25For about four years.
00:03:26Yes.
00:03:27Now, Miss Monroe, were you on duty on the morning of the 22nd of November 1975?
00:03:32I was.
00:03:33And do you remember receiving a certain telephone call?
00:03:36Yes, quite clearly.
00:03:37Yes.
00:03:37Now, could you give the court more details about that telephone call?
00:03:41Well, it came in at precisely 11.27.
00:03:44Now, Miss Monroe, why are you able to pinpoint the time so accurately?
00:03:49Well, it was such a weird call that I made a note of the time.
00:03:51Yes, I see.
00:03:52Now, was the caller a man or a woman?
00:03:54It was a woman.
00:03:55What did this woman say?
00:03:57She said, target tanker, tomorrow termites.
00:04:03And what action did you take in response to this cryptic message?
00:04:07I contacted our head of security.
00:04:09Thank you, Miss Monroe.
00:04:10Miss Monroe, you've been a telephonist how long?
00:04:15Oh, for about, since I left school, for about ten years.
00:04:18I should imagine all that experience makes you, whether you know it or not, an expert in human voices.
00:04:24Well, you know you're so right.
00:04:25Yes.
00:04:25And accents, perhaps.
00:04:27Oh, yes.
00:04:28You get all of that.
00:04:29Especially since all this terrify about the oil.
00:04:31Yes.
00:04:31Now, Miss Monroe, the woman who made this call to you, can you describe her accent?
00:04:35Well, uh...
00:04:38Was she Scotch?
00:04:41No.
00:04:43Scotch is whiskey.
00:04:44The woman who made the call was Scottish.
00:04:48Yes, my apologies, Miss Monroe.
00:04:50What can you tell us about her accent?
00:04:53It was a lowland accent.
00:04:54Yes.
00:04:55And sort of, well, sort of pan-loaf.
00:05:00Ah.
00:05:00Well, do you think you could explain that term for the court, Miss Monroe?
00:05:04Uh...
00:05:06Oh, Jack, your hat's bashed flat.
00:05:12Miss Monroe?
00:05:14Well, that was someone saying, oh, Jack, your hat's bashed flat in a pan-loaf accent.
00:05:19Ah, I see.
00:05:20Thank you, Miss Monroe.
00:05:21Ah, my lord, with your permission, I'd like, uh, it to be possible that, uh, Miss Monroe
00:05:26should hear the defendants Davideen and MacLeod speak.
00:05:29Mr. Latimore?
00:05:30No objection, my lord.
00:05:32Ah, Mr. Clyde, you could be so kind.
00:05:36The rose of all the world is not for me.
00:05:39I want for my part only the little white rose of Scotland
00:05:42that smells sharp and sweet and breaks the heart.
00:05:45Yes, sir!
00:05:46Yes, sir!
00:05:47I thought I had made myself abundantly clear in my opening remarks about this kind of interruption.
00:05:59Now, if it happens again, I shall immediately take clear the court.
00:06:05Mr. Parsons.
00:06:07My lord, now, Miss Monroe, you listened to Miss MacLeod carefully, didn't you?
00:06:11Yes, I did.
00:06:11Now, was there any resemblance between her voice and the voice of the woman who passed
00:06:16on the message to you?
00:06:18I would say none at all.
00:06:20Yes.
00:06:20Thank you, Miss Monroe.
00:06:21My lord, I would like to avail myself of the permission already granted to my learned
00:06:26friend by asking the defendant, uh, Davideen and MacLeod, to speak once more.
00:06:32Very well.
00:06:33Uh, Miss MacLeod?
00:06:34Miss, yes.
00:06:34Now, would you mind, uh, saying something in what has been described in this court as
00:06:39a pan-loaf accent?
00:06:41Had you anything specific in mind?
00:06:43Well, actually, I hadn't, but now that you've mentioned it, why not repeat the message that
00:06:47Miss Monroe received?
00:06:49Gladly, if you'll tell me what is.
00:06:51Uh, uh, target, uh, tanker, tomorrow, termite.
00:06:56Target, tanker, tomorrow, termites.
00:07:02Yes, thank you.
00:07:03Well, Miss Monroe?
00:07:05Well, the accent's a bit much, perhaps.
00:07:09Yes, but did that sound like your mysterious caller?
00:07:14Yes, it did.
00:07:15Thank you very much, Miss Monroe.
00:07:17I call Peter Telfer.
00:07:24Peter Telfer.
00:07:25Yeah, he is.
00:07:33Take the Bible in your right hand.
00:07:37Read it out of words on the card.
00:07:39I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth
00:07:43and nothing but the truth.
00:07:43Your name is Peter Aloysius Telfer.
00:07:48Is that right?
00:07:49Aye, that's right.
00:07:50Sir.
00:07:51Yes.
00:07:52And you live at 115 Keir Hardie Road, Grangemouth, Stirlingshire in Scotland.
00:07:56Yes.
00:07:56What is your profession, Mr Telfer?
00:07:58I'm a long-distance lorry driver.
00:08:00And you are employed with Polestar Petroleum, are you not?
00:08:03I've been with them five and a half years.
00:08:04Next Burns night.
00:08:05Yes, now, Mr Telfer...
00:08:06The 25th of January to you.
00:08:10Yes, quite.
00:08:11Now, Mr Telfer, were you working on Tuesday, the 22nd of November, 1975?
00:08:17Yes, I was.
00:08:18I was taking one of the big tankers from Grangemouth to Fullchester.
00:08:21And did you leave Grangemouth at 2.15pm?
00:08:24On the dot, Jimmy.
00:08:26Mr Telfer, you will please address Council in a more dignified manner.
00:08:32Well, everybody in Glasgow calls everybody else, Jimmy.
00:08:34That may very well be the case, but other parts of the country may not yet be ready
00:08:39for such blatant democracy.
00:08:43Aye, okay, Judge.
00:08:45Thank you, my Lord.
00:08:47Mr Telfer, did you break your journey in Glasgow?
00:08:51Yes, I did.
00:08:52Always do.
00:08:53Go to an old mate of mine in Minerva Street, Jimmy Doherty.
00:08:56Used to drive the big motors till they got brewed up in a six-car pile-up.
00:08:59Now, was there a girl present at Mr Doherty's on medication?
00:09:02Aye, there was a wee bird present.
00:09:03Yes, now, can you see that wee bird here in court today?
00:09:08There she's sitting up there, next to Jackie Stewart.
00:09:11Jackie Stewart?
00:09:12That band part that smashed my motor up.
00:09:14Now, did your friend Mr Doherty ask you to do something for this girl?
00:09:19Yes, he asked me to give her a lift.
00:09:21Said she was a folk singer, and that there was a gig waiting for her in Kendal,
00:09:24if she could get there.
00:09:26Wee bird was brassic lint.
00:09:27Huh?
00:09:28Skint.
00:09:28Ah, yes, quite.
00:09:30Now, did you agree to give her a lift?
00:09:32Yes, I did.
00:09:33She was a friend of Theresa Gibson's.
00:09:35Well, I used to work for Theresa's old man.
00:09:37Yes, well, Mr Doherty, during the journey from Glasgow,
00:09:39did you have a conversation with Miss MacLeod?
00:09:42Ha, that's why you give folks lifts.
00:09:44Well, what subjects did you discuss?
00:09:46The bundle.
00:09:47I mean, you name it, we talked about it.
00:09:48Well, did you, for example, discuss politics?
00:09:51That's the one subject that everybody in Scotland's an expert on.
00:09:54Yes.
00:09:55Can you remember anything that Miss MacLeod said?
00:09:58Well, she was very heavy on the English.
00:10:00Said she hated to see an Englishman with a white woman.
00:10:05Really?
00:10:06Can you remember anything else?
00:10:08Yeah, she got all het up about oil.
00:10:11It was Scotland's oil, she said.
00:10:13And here was I driving it south to save England for going broke.
00:10:17Then she said,
00:10:18if I gave you the fee that I'm getting from this gig,
00:10:21would you turn your lorry round and take the oil back where it belongs?
00:10:24I told her to go and get raffled.
00:10:27Yes, Mr Silver.
00:10:28During the course of the journey,
00:10:29was there any further mention of Theresa Gibson?
00:10:32Yes.
00:10:33She said that Theresa Gibson was the queen of the Catholic mafia in Glasgow.
00:10:38Was that all she said about her?
00:10:40Yes.
00:10:41Well, I think I discouraged her
00:10:43when I told her my middle name was Aloysius.
00:10:45Yeah.
00:10:46Now, Mr Tupper,
00:10:47did you that same night about 9.15
00:10:50stop for your second break?
00:10:52That's right.
00:10:53We stopped at Big Mabel's Cafe
00:10:54on the Kendall side of Shapp.
00:10:56Can you tell us what happened there?
00:10:58Well, I parked the motor
00:11:00and me and her went into the cafe
00:11:02and I asked her did she want something to eat
00:11:04and she said anything.
00:11:06But first she had to go for a pee.
00:11:09Did the young lady fail to return
00:11:11and to rejoin you?
00:11:13Well, that's just what happened.
00:11:14I waited and waited.
00:11:16No joy.
00:11:17So I asked one of the waitresses to go and check
00:11:19in case she needed a plumber or something.
00:11:21You are saying, in fact,
00:11:22that she was away for an inordinate time.
00:11:25Yes.
00:11:26What did you then do,
00:11:27Mr Tupper?
00:11:28Well, I'm back to my bangers and chips.
00:11:30Mr Tupper,
00:11:30you seem to have accepted
00:11:32the disappearance of this young lady
00:11:34very calmly.
00:11:36Oh, well, you see, Your Honor,
00:11:37I mean, these skippers are headbangers.
00:11:42Skippers?
00:11:42Ah, we tats that travel up and down the motorway.
00:11:45The lads all call them skippers.
00:11:47Is that a new term for hitchhikers?
00:11:50Oh, no, sir, definitely not.
00:11:51No, I mean, no way.
00:11:53Oh, in what way does it differ?
00:11:55Well, to let you understand, Your Honor,
00:11:57you see,
00:11:58a hitchhiker is always going somewhere.
00:12:01I mean, you see them standing there
00:12:02by the roadside,
00:12:03holding up a big chunk of cardboard
00:12:04with where they're going,
00:12:05written on a, you know,
00:12:06London, Inverness,
00:12:07Darry Salaam or whatever.
00:12:09And this does not apply to skippers?
00:12:12Right.
00:12:13No, no, no.
00:12:14A skipper will get a lift
00:12:15from, say, Aberdeen to Southampton.
00:12:18Then she'll maybe pick up another lift to Bristol
00:12:20and then maybe Bristol to Liverpool and so on.
00:12:24They spend their lives travelling in lorry cabins.
00:12:28Extraordinary.
00:12:33Oh, I am so sorry.
00:12:35Now, Mr Silver,
00:12:38having had your second break,
00:12:40did you then leave the cafe
00:12:42in order to resume your journey?
00:12:44Well, that was intentions right enough.
00:12:46Yes.
00:12:46Did something happen to prevent you
00:12:47from carrying out that intention?
00:12:49Aye.
00:12:50Nay lorry.
00:12:51Someone had taken your vehicle,
00:12:53is that correct?
00:12:53Correct.
00:12:54What did you then do?
00:12:55Phoned the police.
00:12:57Now, for how long
00:12:58had you left your vehicle unattended?
00:13:01Eh, half an hour, near enough.
00:13:03Tell me, Mr Silver,
00:13:04how far could your vehicle have travelled
00:13:07during the half hour
00:13:08in which you were absent?
00:13:10Oh, about 20 miles.
00:13:12Thank you, Mr Silver.
00:13:13Mr Telfar.
00:13:18Um,
00:13:19if you were asked
00:13:22to pick a girl as a decoy,
00:13:25what sort of qualities would you look for?
00:13:28Eh,
00:13:29Well, first she'd have to be a looker, right?
00:13:32Well, I think we can take that for granted.
00:13:35And, eh,
00:13:36well, I think she'd have to be a hard wee cookie.
00:13:39Yes.
00:13:40What precisely do you mean by hard?
00:13:42Well, able to handle herself, you know.
00:13:44Anything else?
00:13:45Well,
00:13:47I, I, I mean,
00:13:47Do you think these qualities fit Ms McLeod?
00:13:51No.
00:13:52Uh, yes.
00:13:55No, and yes.
00:13:58I see.
00:14:00Now, Mr Telfar,
00:14:00I believe that lorry drivers,
00:14:02as a group,
00:14:03regard themselves as knights of the road.
00:14:05Eh, some of us do, yes.
00:14:07Now, Mr Telfar,
00:14:08in the nightly circles you frequent,
00:14:10what's an artificial leg?
00:14:17Mr Telfar,
00:14:18you must answer the question.
00:14:21Well, uh,
00:14:24an artificial leg is a,
00:14:26is a piece of wood
00:14:27that we sometimes use
00:14:29to keep the accelerator jammed down.
00:14:31And what occasions would it be used?
00:14:36Would it be used, for example,
00:14:37to, uh,
00:14:38to release a driver,
00:14:40shall we say,
00:14:41being serviced by one of those
00:14:42Madonnas of the motorway,
00:14:44a skipper working her passage?
00:14:46What has that got to do with it?
00:14:47Mr Telfar,
00:14:48is it not the case
00:14:48that during the journey from Glasgow,
00:14:50you behaved towards Miss MacLeod
00:14:52as you would have behaved
00:14:53towards the lowest of skippers?
00:14:55Did you not insult her,
00:14:56both physically and verbally?
00:14:59Did you not force your attentions upon her
00:15:01to the extent she took
00:15:02the first available opportunity
00:15:03of running away?
00:15:04She did not run away.
00:15:06It was all part of the plan
00:15:06between her and Stuart Mackenzie.
00:15:09Now, let me refresh your memory
00:15:10for a moment, Mr Telfar.
00:15:11You said that Miss MacLeod
00:15:12was absent for half an hour.
00:15:14Why, near enough.
00:15:15Yes.
00:15:15How long are you allowed
00:15:16for your break?
00:15:17Half an hour?
00:15:18Yes.
00:15:18So that when you went back
00:15:19to your lorry,
00:15:20you were acting
00:15:21the same way
00:15:21as you would have done
00:15:22had Miss MacLeod
00:15:23not been a passenger.
00:15:24What do you mean?
00:15:25What I'm trying to put to you
00:15:26is this, Mr Telfar.
00:15:27If you took your normal
00:15:28half-hour break,
00:15:30you could in no way
00:15:31have been suspicious
00:15:31of Miss MacLeod.
00:15:32So how can you then say
00:15:34that you believed
00:15:34she was acting as a decoy?
00:15:40Oh, come on.
00:15:40Do you think my bloody heat
00:15:41buttons up the back
00:15:42or something, Jimmy?
00:15:43Mr Telfar.
00:15:44You are Police Constable
00:15:58Ian Murdoch Alcock
00:15:59of the Cumbrian Police
00:16:00stationed in Kentville.
00:16:02That is correct, sir.
00:16:03And in the early morning
00:16:03of November the 23rd, 1975,
00:16:06you were on duty
00:16:07in Pandacar XBC 1003.
00:16:10At approximately 0045 hours
00:16:13on the 23rd of November, 1975,
00:16:15I had reached
00:16:16in the course of my patrol
00:16:17a spot known
00:16:18to local ornithologists
00:16:19as Hoverhawk Hill.
00:16:20Yes.
00:16:20Now, from this position,
00:16:21did you notice
00:16:22something unusual?
00:16:23Yes.
00:16:24A tremendous red glow
00:16:25in the sky
00:16:25to the northwest.
00:16:26A huge fire of some sort.
00:16:28Can you describe
00:16:29before the court
00:16:29what you saw?
00:16:31Well, sir,
00:16:31it was most impressive.
00:16:33There was an area
00:16:34roughly circular
00:16:35about 50 yards in diameter
00:16:37that was one great
00:16:38sheet of flames.
00:16:39In the centre
00:16:40was a white-hot mass
00:16:41which could be identified
00:16:42as a large articulated lorry
00:16:44which had finally
00:16:45come to rest upside down.
00:16:47There was a horrible smell
00:16:48of burning oil
00:16:49and a disgusting stench
00:16:51of roasting flesh
00:16:51and burning wool.
00:16:53Roasting flesh
00:16:54and burning wool?
00:16:56The lorry had landed
00:16:57among a flock
00:16:58of sheep, my lord.
00:16:59Now, Constable Alcock,
00:17:00did you form any opinion
00:17:02as to the cause
00:17:03of the accident?
00:17:04Well, the hundred yards
00:17:06before the scene
00:17:07of the accident
00:17:08is downhill, sir.
00:17:09The road's in a shocking state.
00:17:12It's bounded
00:17:12on either side
00:17:13by dry stone dikes
00:17:14and the landscape
00:17:16falls away sharply downwards.
00:17:18This creates
00:17:18a sort of optical illusion
00:17:20which makes
00:17:21the downward gradient
00:17:22of the road
00:17:22appear much less
00:17:23than it really is.
00:17:24Well, go on, please.
00:17:25Well, it seemed to me, sir,
00:17:26this was the primary cause
00:17:27of the accident.
00:17:29These monstrous machines
00:17:30require specialist
00:17:31handling.
00:17:32They have to break
00:17:33far sooner
00:17:34than ordinary lorries
00:17:35because of the movement
00:17:36of the liquid
00:17:37in the tanks.
00:17:37Why do you describe
00:17:39these vehicles
00:17:39as monstrous machines?
00:17:41Because, my lord,
00:17:42that is what I believe
00:17:43them to be,
00:17:44aesthetically,
00:17:46ecologically,
00:17:47in every possible way.
00:17:48Oh.
00:17:49You feel strongly
00:17:51on the subject,
00:17:51Constable.
00:17:52Yes, my lord.
00:17:53I believe that
00:17:54small is beautiful.
00:17:55If you believe that,
00:17:56you hypocrite,
00:17:57why aren't you back home
00:17:58fighting for Scotland?
00:18:01Pirates in court!
00:18:03Mr. Stuart McKenzie,
00:18:06your position as defendant
00:18:08does not exclude you
00:18:09from the warning
00:18:10I have already issued
00:18:11in this court.
00:18:16Mr. Lattimore.
00:18:17My lord.
00:18:17Constable,
00:18:18did you eventually decide
00:18:19to take up your position
00:18:21at the top of this hill
00:18:22which you have described?
00:18:23Yes, sir.
00:18:24My idea was to forewarn
00:18:25the others coming
00:18:26of the danger
00:18:27which I have also described.
00:18:28Yes, quite.
00:18:29Now, did something happen
00:18:30as you were driving
00:18:30up the hill?
00:18:31Yes, sir.
00:18:32I had a sudden impression
00:18:32of movement
00:18:33on the other side
00:18:34of the dry stone dike
00:18:35on the right-hand side
00:18:36of the car.
00:18:37I immediately stopped
00:18:38the vehicle,
00:18:39went over and looked
00:18:40over the wall.
00:18:41A man was cowering
00:18:43down behind it.
00:18:44Do you recognise
00:18:44that man here
00:18:45in court today?
00:18:46Yes, sir.
00:18:46The defendant,
00:18:47Stuart McKenzie.
00:18:48Did you say anything
00:18:48to him?
00:18:49Yes, sir.
00:18:50I said,
00:18:50did you have anything
00:18:52to do with that
00:18:52blazing lorry down there?
00:18:54Did he reply?
00:18:55Yes, he said,
00:18:56piss off,
00:18:56I've broken my ankle.
00:18:59Now, um,
00:19:01now, Constable Alcock,
00:19:02you were alone
00:19:03with Stuart McKenzie
00:19:04for some time,
00:19:05were you not?
00:19:05Twenty-three and a half
00:19:06minutes, sir.
00:19:07What happened
00:19:07during that time?
00:19:09Well, initially,
00:19:10Stuart McKenzie
00:19:11was in some pain,
00:19:12but once I'd administered
00:19:13first aid to his ankle,
00:19:14he was disposed
00:19:16to conversation.
00:19:17Yes, well,
00:19:17tell us about
00:19:18that conversation, Constable.
00:19:19Well, sir,
00:19:19the first thing he said was,
00:19:21do you realise
00:19:22that perhaps
00:19:22four hundred years ago,
00:19:24on a night such as this,
00:19:25our ancestors
00:19:26were probably taking
00:19:27stolen English cattle
00:19:28along this very place
00:19:30we're sitting in.
00:19:31And then he embarked
00:19:32on a monologue.
00:19:33He began with
00:19:34Edward I,
00:19:35Longshanks,
00:19:36and his cruel,
00:19:38bitter,
00:19:38and ultimately
00:19:39unsuccessful attempts
00:19:40to subjugate the Scots.
00:19:42He said that
00:19:42Edward I,
00:19:43who did not speak English,
00:19:45formed the English
00:19:45ruling class mind,
00:19:47arrogant,
00:19:48cunning rather than clever,
00:19:49and above all,
00:19:50legalistic.
00:19:51Edward used to
00:19:52forge documents
00:19:53which gave him
00:19:54legal rights
00:19:54to illegal
00:19:55usurpations.
00:19:57Well, Stuart McKenzie
00:19:58said that
00:19:58this argued
00:19:59a rudimentary conscience
00:20:00which the English
00:20:01had since lost.
00:20:02Nowadays,
00:20:03irrespective of their politics,
00:20:05they are still thieves,
00:20:06colonial thieves.
00:20:08And everyone knew
00:20:09that people in power
00:20:10never gave up the power
00:20:11without violence,
00:20:12and that therefore
00:20:13the Scots
00:20:13would have to fight
00:20:14to keep their oil
00:20:14as they had to fight
00:20:16to keep any sense
00:20:17of identity
00:20:17for centuries past.
00:20:19Constable,
00:20:20is all that
00:20:21on one page
00:20:22of your notebook?
00:20:24My handwriting
00:20:24is very small,
00:20:25my lord.
00:20:26Constable,
00:20:27Constable,
00:20:28did you say anything
00:20:29in reply to all that?
00:20:32I said, sir,
00:20:33that I could not
00:20:34find it in my heart
00:20:35to disagree with him.
00:20:38Thank you,
00:20:39Constable.
00:20:41Constable Alcott,
00:20:42there was a rather
00:20:42macabre moment
00:20:44in your evidence-in-chief
00:20:45when you mentioned
00:20:46the roasting
00:20:46flesh and burning wool.
00:20:48Oh, yes,
00:20:48the sheep, sir.
00:20:49Yes,
00:20:49you mentioned
00:20:50the blazing lorry
00:20:51had landed in
00:20:51among a flock of sheep.
00:20:53Is that correct?
00:20:54That is correct, sir.
00:20:55Was the entire flock
00:20:57killed instantaneously?
00:20:59By no means, sir.
00:21:00What actually happened?
00:21:02Well, sir,
00:21:02some of them
00:21:03were killed outright,
00:21:04of course,
00:21:04but others
00:21:05were running around
00:21:06blazing all over the place.
00:21:09So,
00:21:10I put a shot
00:21:11into the poor beasts.
00:21:13You were armed?
00:21:14Uh, yes,
00:21:17with a shotgun.
00:21:19My own private property
00:21:20happened to be
00:21:21in the back
00:21:22of my vehicle.
00:21:23And, of course,
00:21:23not for your protection,
00:21:25Constable.
00:21:25Oh, no,
00:21:26my lord,
00:21:26for rabbits and hails.
00:21:28And other things
00:21:29that are
00:21:29small
00:21:31and
00:21:31beautiful?
00:21:32of course.
00:21:38I love it.
00:21:38Mr. Parsons.
00:21:39Uh, Constable Alcock,
00:21:40you made absolutely
00:21:41no mention
00:21:42of the plight
00:21:42of these poor creatures
00:21:43when you reported
00:21:44back to headquarters.
00:21:45Uh, question of
00:21:46priorities, sir.
00:21:47What precisely
00:21:47were those priorities?
00:21:50I'm sorry,
00:21:50I don't understand, sir.
00:21:51I'm suggesting to you,
00:21:53you are not carrying
00:21:53that gun
00:21:54for rabbits and perns,
00:21:56but because you've been told
00:21:57there might be
00:21:58bigger game of foot
00:21:59that night.
00:22:00No, sir.
00:22:01And that you knew
00:22:01that the constables
00:22:02who were coming
00:22:03to join you
00:22:04were armed as well.
00:22:05I knew nothing
00:22:06of the sort, sir.
00:22:14One moment,
00:22:15Mr. Parsons.
00:22:16Nothing.
00:22:24Oh.
00:22:26Uh, ladies and gentlemen,
00:22:27I have just received
00:22:28a message
00:22:29that a bomb warning
00:22:31is in operation.
00:22:33I shall therefore
00:22:34ask you to clear
00:22:35the court.
00:22:36We will dispense
00:22:37with customary ritual.
00:22:40Um, take down
00:22:41the defendant.
00:22:45Now, my dear colleagues,
00:22:48we cannot have
00:22:48one of her
00:22:49Magister's Justices
00:22:50seen to be the first
00:22:52to abandon ship.
00:22:54Now, will members
00:22:54of the jury
00:22:55please file out?
00:22:56Now, members
00:23:00of the public.
00:23:10Will all officers
00:23:11of the court
00:23:12please leave?
00:23:12Here we go.
00:23:18Okay.
00:23:20Here we go.
00:23:25And he will couple
00:23:27of us.
00:23:37Okay, so we have to
00:23:38present and
00:23:39say,
00:23:39the cases in
00:24:04forchester are fictitious
00:24:05join us tomorrow
00:24:06when the queen
00:24:07against macleod
00:24:08and mckenzie
00:24:09will be resumed
00:24:10in the crown court
00:24:11my name is
00:24:26raymond
00:24:26cornelius
00:24:27burnbank
00:24:28i'm a superintendent
00:24:29in the special
00:24:30branch
00:24:30strathclyde police
00:24:31i'm stationed
00:24:32in glasgow
00:24:32davidina mcleod
00:24:42and hamish
00:24:43stewart mckenzie
00:24:44are charged with
00:24:45stealing an oil
00:24:46tanker lorry
00:24:46evidence for the
00:24:48prosecution is still
00:24:49being given
00:24:49the jury
00:24:50the jury in this trial
00:24:50has been selected
00:24:51from members
00:24:52of the public
00:24:52whose names
00:24:53appear on the
00:24:53electoral register
00:24:54and who are
00:24:55eligible for jury
00:24:56service
00:24:57it's quite a tough
00:24:57area in which to
00:24:58serve
00:24:58now superintendent
00:25:00what was the
00:25:01situation on the
00:25:02morning of the
00:25:0322nd of november
00:25:041975
00:25:05the situation was
00:25:07that we knew
00:25:07a tanker
00:25:07was going
00:25:08to be attacked
00:25:08we knew
00:25:09the organization
00:25:10that had planned
00:25:11the attack
00:25:11and we even
00:25:12knew the people
00:25:12that were going
00:25:13to carry out
00:25:13the attack
00:25:14how did you
00:25:15know that
00:25:15superintendent
00:25:16information received
00:25:18my lord
00:25:18mr latimore
00:25:22bank
00:25:22now you say
00:25:23superintendent
00:25:24that you
00:25:24knew who the
00:25:25people were
00:25:26who were going
00:25:26to carry out
00:25:27this attack
00:25:28yes sir
00:25:28can you see
00:25:29those people
00:25:30here in court
00:25:30today
00:25:31i really must
00:25:32object my lord
00:25:33if my learned
00:25:33friend is going
00:25:34to establish
00:25:34identity
00:25:35at this early
00:25:36stage
00:25:36surely he must
00:25:37establish a pattern
00:25:38of event
00:25:39information
00:25:39and deduction
00:25:40pointing in the
00:25:41direction of that
00:25:41identity
00:25:42i am in time
00:25:43to agree
00:25:44mr varsity
00:25:44as your
00:25:46lordship
00:25:46please is
00:25:47now on the
00:25:48night we have
00:25:49mentioned superintendent
00:25:49who was in charge
00:25:50of the anti-hijack
00:25:52operation
00:25:52i was
00:25:53where were you
00:25:54operating from
00:25:55police station
00:25:56kendall
00:25:56at what time
00:25:57did things begin
00:25:58to happen
00:25:58about a quarter
00:25:59to one in the
00:25:59morning
00:26:00what was the
00:26:00sequence of events
00:26:01well i suppose
00:26:02the kickoff
00:26:03was when
00:26:04constable alcock
00:26:05phoned in
00:26:06reporting a
00:26:07crash tanker
00:26:08in flames
00:26:08at the foot
00:26:09of a place
00:26:09known as
00:26:10hoverhawk hill
00:26:10well on that
00:26:11report what
00:26:12action did you
00:26:12take
00:26:13i immediately
00:26:13set off
00:26:14in a police
00:26:14car
00:26:15when i got
00:26:16to the scene
00:26:16constable alcock
00:26:17was standing
00:26:18beside a man
00:26:19who was seated
00:26:20in the grass
00:26:20the man's right
00:26:22leg was sticking
00:26:23out straight in
00:26:23front of him
00:26:24and his right
00:26:26ankle had been
00:26:26roughly splintered
00:26:27yes now is the man
00:26:29you saw here in court
00:26:30today
00:26:31yes the defendant
00:26:32hamish stewart
00:26:34mckenzie
00:26:34did he say
00:26:35something to you
00:26:36that evening
00:26:37he said
00:26:38look at me
00:26:38busy bee
00:26:39i fell off
00:26:40the back
00:26:40of a lorry
00:26:41yes now
00:26:43did um
00:26:44did you later on
00:26:45that same evening
00:26:46interview the accused
00:26:47hamish stewart
00:26:48mckenzie
00:26:49i did
00:26:49where did this
00:26:50interview take
00:26:51place
00:26:51ward 7 of the
00:26:52cottage hospital
00:26:53in kendall
00:26:53now on that
00:26:54occasion did you
00:26:55charge hamish
00:26:56stewart mckenzie
00:26:56i did
00:26:57he then said
00:26:59he wished to
00:26:59make a statement
00:27:00so i wrote the
00:27:01caution at the
00:27:01top of the
00:27:02statement which
00:27:02he then signed
00:27:03now will you
00:27:04please read that
00:27:05statement to the
00:27:06court exhibit 4
00:27:06please
00:27:07astonishingly i find
00:27:15myself charged
00:27:16by superintendent
00:27:17raymond burnbank
00:27:18with the crime
00:27:19of theft
00:27:19i am at a loss
00:27:20to understand this
00:27:22since all i did
00:27:23was simply to
00:27:24repossess scottish
00:27:25oil
00:27:25which had been
00:27:26arbitrarily and
00:27:27illegally taken
00:27:28away from the
00:27:29scottish people
00:27:29without due
00:27:30property without
00:27:32proper authority
00:27:33or cause
00:27:34now after he
00:27:34made that statement
00:27:35did you ask him
00:27:36if he wished to
00:27:37alter it in any
00:27:38way
00:27:38i did and he
00:27:39said no and
00:27:39he then signed
00:27:40it
00:27:41now can you
00:27:41now tell us
00:27:42what happened
00:27:42with regard to
00:27:43the other accused
00:27:44davidina mcleod
00:27:45well at about
00:27:4711 20 on the
00:27:4823rd of november
00:27:49i received a
00:27:50telephone call from
00:27:51the marine division
00:27:52police station in
00:27:53glasgow telling
00:27:54me that miss
00:27:55mcleod had
00:27:55returned to
00:27:55the city
00:27:56as a result of
00:27:57this call
00:27:57what did you
00:27:57do i went
00:27:59straight to
00:27:59glasgow went
00:28:00to the flat
00:28:00where miss
00:28:01mcleod lives
00:28:01but i had to
00:28:02knock several
00:28:03times in the
00:28:04door before she
00:28:04answered
00:28:04when she finally
00:28:05opened the
00:28:06door did she
00:28:07say anything
00:28:07she said christ
00:28:09burn bank you
00:28:10have been reading
00:28:11your gestapo
00:28:12manual again
00:28:12it's four o'clock
00:28:13in the bloody
00:28:14morning
00:28:14yes now what
00:28:15what in actual
00:28:17fact was the
00:28:18time
00:28:18oh just about
00:28:192 a.m
00:28:19did you then
00:28:20take her into
00:28:21custody
00:28:21i did
00:28:22has miss mcleod
00:28:23also made a
00:28:24statement
00:28:24she has
00:28:25where was
00:28:26his statement
00:28:26made
00:28:27marine division
00:28:28police station
00:28:28in glasgow
00:28:29after she was
00:28:30charged
00:28:30yes after she
00:28:31was charged
00:28:32she said she
00:28:33would like to
00:28:33make a statement
00:28:34so i wrote the
00:28:35caution at the
00:28:36top of the
00:28:37statement which
00:28:37she then signed
00:28:38now will you
00:28:39please read that
00:28:40statement to
00:28:40the court
00:28:41exhibit 5
00:28:42please
00:28:42i wish to
00:28:47deny emphatically
00:28:48being in any
00:28:49way involved in
00:28:50the so-called
00:28:50theft of an
00:28:51oil tanker
00:28:52lorry from
00:28:53outside the
00:28:53motorway cafe
00:28:54called big
00:28:55mables on the
00:28:55outskirts of
00:28:56kendall
00:28:56my presence
00:28:58there at the
00:28:58time of the
00:28:59incident was
00:29:00purely coincidental
00:29:01the occurrences
00:29:02arising from the
00:29:03fact they had
00:29:04actually hitchhiked
00:29:05south
00:29:05in the actual
00:29:06lorry that was
00:29:07later taken away
00:29:08the reason for
00:29:09my journey south
00:29:10was to fulfill
00:29:10an engagement
00:29:11which had been
00:29:12offered to me
00:29:12by mrs teresa
00:29:13gibson and
00:29:14which subsequently
00:29:15turned out
00:29:16never to have
00:29:17existed
00:29:17well after she
00:29:19made the
00:29:19statement i asked
00:29:19her if she
00:29:20wanted to change
00:29:20it in any way
00:29:21she said no
00:29:22she then signed
00:29:23the statement
00:29:23yes my lord
00:29:24the mrs teresa
00:29:25gibson referred to
00:29:26in the statement
00:29:27will be giving
00:29:28evidence later
00:29:29now superintendent
00:29:30burnback how
00:29:32would you describe
00:29:33the accused
00:29:34hamish stuart
00:29:34mckenzie
00:29:35i would describe
00:29:36him as a highly
00:29:37dangerous subversive
00:29:39yes and the
00:29:40accused damaging
00:29:41mccloud
00:29:42in the same
00:29:43category
00:29:43my lord up until
00:29:45now we've had the
00:29:46trial of two people
00:29:47with certain
00:29:48political ideas
00:29:49and a charge of
00:29:50theft
00:29:51the introduction of
00:29:53superintendent
00:29:54burnbank's opinions
00:29:55is a dangerous
00:29:56tendency to alter
00:29:57the whole course
00:29:58and nature of
00:29:59these proceedings
00:30:00to result in two
00:30:01people with certain
00:30:01political ideas
00:30:02being tried for
00:30:04holding these
00:30:04political ideals
00:30:05i would respectfully
00:30:08submit my lord
00:30:09that any change
00:30:10in the character
00:30:10of this trial
00:30:11if indeed there
00:30:12has been a change
00:30:13comes less from
00:30:14what my learned
00:30:15friend calls
00:30:15superintendent
00:30:16burnbank's
00:30:17opinions
00:30:17than from the
00:30:19opinions of my
00:30:20learned friend's
00:30:20client hamish
00:30:21stuart mckenzie
00:30:22on the exclusively
00:30:24scottish ownership
00:30:25of north sea oil
00:30:26i can see merit
00:30:30in both arguments
00:30:31my own feeling
00:30:33is that we have
00:30:34here a delicate
00:30:35balance which it
00:30:36is a matter for
00:30:37the jury to
00:30:38consider
00:30:39that being so
00:30:41i am prepared
00:30:42to uphold the
00:30:43line taken by
00:30:44the prosecuting
00:30:45council
00:30:46is your lord
00:30:47to please
00:30:47thank you
00:30:48my lord
00:30:49now superintendent
00:30:50you have described
00:30:51hamish stuart mckenzie
00:30:52as a highly
00:30:53dangerous subversive
00:30:54can you tell us
00:30:55why
00:30:55well he's openly
00:30:57republican and
00:30:58anti-monarchist
00:30:59on two occasions
00:31:00he has visited
00:31:01the chinese embassy
00:31:02in london
00:31:03he keeps open
00:31:04house for known
00:31:05breton extremists
00:31:06and he publishes
00:31:08a sort of
00:31:08broadsheet
00:31:09called the
00:31:10trustees
00:31:10which he's
00:31:12declared to be
00:31:12the voice
00:31:13of the national
00:31:14anarchist
00:31:15yes quite
00:31:16now in which
00:31:17way is davidina
00:31:18mccloud inclined
00:31:19politically
00:31:19in the special
00:31:21branch we call
00:31:22her trilby
00:31:23well would you
00:31:24please explain
00:31:24that reference
00:31:25well trilby's a
00:31:27character a heroine
00:31:28in a novel a
00:31:29victorian novel i
00:31:30think
00:31:30she wasn't a
00:31:32very clever girl
00:31:33but she became
00:31:33a great singer
00:31:34through the evil
00:31:35genius of a man
00:31:36called sphingali
00:31:37well without him
00:31:40she was nothing
00:31:41are you saying
00:31:43that miss mccloud
00:31:44was trilby
00:31:46to mr stewart
00:31:47mckenzie's
00:31:48sphingali
00:31:49and that without
00:31:50him she was
00:31:50nothing
00:31:51well i would
00:31:53prefer to look at
00:31:54it from another
00:31:54angle my lord
00:31:55and what angle
00:31:57is that superintendent
00:31:57but while she is
00:31:59with him
00:32:00she's a very very
00:32:01dangerous woman
00:32:02thank you superintendent
00:32:04mr latvin
00:32:05i have no more
00:32:06questions my lord
00:32:07superintendent you
00:32:10have made what i
00:32:11can only call
00:32:12a sort of blanket
00:32:13accusation against
00:32:14mr stewart mckenzie
00:32:15i'd like to take
00:32:17the various accusations
00:32:18one by one if i may
00:32:20you said first of all
00:32:22that mr stewart mckenzie
00:32:23was openly republican
00:32:24and anti-monarchy
00:32:26is that right
00:32:27that is right
00:32:27the superintendent
00:32:28a recent poll in one
00:32:29of the scottish papers
00:32:31says that
00:32:31forty percent of the
00:32:33scots now want
00:32:34independence
00:32:34all the other polls
00:32:36agree that the figure
00:32:37is twenty two percent
00:32:38well whatever the
00:32:39actual figure
00:32:40the independence
00:32:42carries with it
00:32:42the democratic idea
00:32:44now you're not
00:32:45going to label
00:32:46what a million or so
00:32:48of your fellow
00:32:48countrymen subversives
00:32:50obviously not
00:32:51but surely
00:32:53mr stewart mckenzie
00:32:54is one of that
00:32:55million or so people
00:32:56now on two occasions
00:33:03he has visited
00:33:03the chinese embassy
00:33:05in london
00:33:06now is it not true
00:33:07superintendent
00:33:08that on the first
00:33:09occasion mr stewart
00:33:10mckenzie
00:33:11was accepting
00:33:12on behalf of a dead
00:33:13friend
00:33:13an award for services
00:33:15to the chinese
00:33:16community in glasgow
00:33:17are the chinese in
00:33:19glasgow
00:33:20subversive to a man
00:33:21i should imagine
00:33:22not
00:33:23i'm afraid superintendent
00:33:26you imagine
00:33:27too much
00:33:28the second visit
00:33:31to the chinese embassy
00:33:32was as a member
00:33:33of the scottish chinese
00:33:34friendship society
00:33:35now another member
00:33:36of that delegation
00:33:37was the lord provost
00:33:38of glasgow
00:33:39i'm not suggesting
00:33:40the lord provost
00:33:41of glasgow
00:33:42as a subversive
00:33:43no sir
00:33:44open house
00:33:47for breton extremists
00:33:49do you know a man
00:33:50in glasgow
00:33:51called
00:33:51jacques pilou
00:33:52oh i know the man
00:33:54yes
00:33:54what do you know
00:33:55about him
00:33:56he's a member
00:33:56of the free breton
00:33:57society
00:33:58yes
00:33:58is he an active
00:33:59member
00:34:00they have no
00:34:01inactive members
00:34:02has he ever been
00:34:03in trouble
00:34:04never been able
00:34:05to prove anything
00:34:06against them
00:34:07i suppose that's
00:34:09a special branch
00:34:09way of saying no
00:34:10my lord i protest
00:34:11that is a most
00:34:12improper remark
00:34:13i thoroughly agree
00:34:15mr parsons
00:34:17would you please
00:34:18refrain from
00:34:19making provocative
00:34:20comments
00:34:21very good
00:34:22my lord
00:34:22superintendent
00:34:25burnback
00:34:25what is
00:34:25pilou's connection
00:34:26with hamis
00:34:27stuart mckenzie
00:34:28oh they're
00:34:29frequently in each
00:34:30other's company
00:34:31they visit each
00:34:31other's houses
00:34:32they share
00:34:33public platforms
00:34:34together
00:34:35yes
00:34:35is jacques
00:34:36pilou married
00:34:37yes
00:34:38do you know
00:34:39his wife's
00:34:40maiden name
00:34:41well do you
00:34:44superintendent
00:34:45i do yes
00:34:46will you please
00:34:48tell the court
00:34:48what it is
00:34:49ursula stuart mckenzie
00:34:51thank you
00:34:52is she an activist
00:34:55you could say that
00:34:57she's got nine children
00:34:59that leaves only one
00:35:03thing in your list
00:35:04of hamis
00:35:05stuart mckenzie's
00:35:05transgressions
00:35:06are his broadsheet
00:35:07called a trustee
00:35:09i have here
00:35:09two issues of it
00:35:11exhibits two
00:35:12and three
00:35:13are you familiar
00:35:15with this publication
00:35:16superintendent burnback
00:35:17oh i wouldn't miss
00:35:18a single one of its
00:35:19erratic appearances
00:35:20good well i'd like
00:35:21you to look at the
00:35:22one that is marked
00:35:23exhibit three
00:35:24yes
00:35:25on page five
00:35:26there's a column
00:35:27there i had it
00:35:28drops from the east
00:35:29do you see it
00:35:29i see it yes
00:35:32yes
00:35:32it's almost like a
00:35:33gossip column in a
00:35:34more conventional
00:35:35magazine would you
00:35:35agree
00:35:36almost yes
00:35:37yes
00:35:38now i'm going to read out
00:35:39the third item
00:35:40it says
00:35:41promotion to superintendent
00:35:44is announced for special
00:35:45branch hardman chief
00:35:46inspector burnbank
00:35:47busy b as he is known
00:35:49is one of the late
00:35:51ex-province malone's
00:35:52altar boys
00:35:53old bugsy malone
00:35:55probably glasgow's
00:35:56greatest ever political
00:35:57gymnast
00:35:58was said to be able to
00:35:59kick people upstairs
00:36:00while they were kissing
00:36:02his ass
00:36:02now have you any comment
00:36:06to make on that
00:36:07superintendent
00:36:08only that uh
00:36:12i would like to see
00:36:13whoever wrote this
00:36:14scene at home alone's
00:36:15face
00:36:16yes but the
00:36:17influence is that he
00:36:18was using his influence
00:36:19to further your career
00:36:21like he was very kind
00:36:23to me but i certainly
00:36:24was never one of his
00:36:25uh altar boys
00:36:27yes
00:36:28i see
00:36:30now superintendent
00:36:32in uh
00:36:33daffodina mcleod's
00:36:35statement there is a
00:36:37mention
00:36:37of a mrs
00:36:38theresa gibson
00:36:39ah there is
00:36:40now is mrs theresa gibson
00:36:42the daughter of the late
00:36:44ex-province malone
00:36:45ah she is
00:36:46yes
00:36:46and is she a very close
00:36:47friend of yours
00:36:48yes
00:36:50yes
00:36:51thank you
00:36:52superintendent
00:36:53now superintendent
00:36:55there are such things as
00:36:57front organizations
00:36:58are there not
00:36:59oh indeed yes
00:37:00how would you define one
00:37:02well a front organization
00:37:04is an organization on the
00:37:05surface uh
00:37:06engaged in legal and
00:37:08even praiseworthy activities
00:37:10but the real business goes
00:37:12on in the back shop
00:37:13and it's neither legal
00:37:14nor praiseworthy
00:37:15yes quite and the
00:37:16scottish chinese
00:37:17friendship society
00:37:18could fall into that
00:37:19category could it not
00:37:21ah quite easily
00:37:22and would you agree
00:37:23that the million or so
00:37:24scots who allegedly
00:37:25want independence
00:37:26are not all running
00:37:28about stealing and
00:37:29wrecking lorries
00:37:30no they are not
00:37:31and you are convinced
00:37:33that hamish stuart mckenzie
00:37:34is a dangerous
00:37:36subversive
00:37:37i am
00:37:38and a man is known
00:37:40by the company he keeps
00:37:41thank you superintendent
00:37:43superintendent
00:37:45superintendent birnbang
00:37:46would you not agree
00:37:46that the oil
00:37:48in the uh
00:37:49pole star petroleum
00:37:51lorry tanker
00:37:52belong to the scottish people
00:37:54well whoever it belongs to
00:37:57certainly doesn't belong
00:37:59to hamish stuart mckenzie
00:38:01i call mary teresa gibson
00:38:15mary teresa gibson
00:38:18take the bible in your right
00:38:30hand read aloud the words
00:38:31on the card
00:38:32i swear by almighty god
00:38:34that the evidence i shall give
00:38:35shall be the truth
00:38:36the whole truth
00:38:37and nothing but the truth
00:38:39is your full name
00:38:41mary teresa gibson
00:38:43yes
00:38:43and you live at flat 34
00:38:45list of court glasgow 2
00:38:46in scotland
00:38:47yes i do
00:38:48are you married or single
00:38:49married but i'm separated
00:38:51from my husband
00:38:52and how do you earn your living
00:38:53mrs gibson
00:38:54well now that's quite a question
00:38:57i deal extensively in antiques
00:39:00i run a model agency
00:39:02and one that handles entertainers
00:39:04and as if that wasn't enough
00:39:06i'm also very active in local politics
00:39:09and do you hold any position in local government
00:39:11not at the moment
00:39:13no you can only hold the point of so long
00:39:15are you um
00:39:18are you acquainted with the defendants
00:39:21mrs gibson
00:39:21i am
00:39:22are you particularly acquainted with davidina mcleod
00:39:26well i did tend to see more of her
00:39:28than of mr stewart mckenzie
00:39:30because of me running the entertainment agency
00:39:32yes quite
00:39:33was she a client of yours
00:39:34well actually no
00:39:37i mean i don't normally handle folk singers
00:39:40can't stand them actually
00:39:42most of them aren't singers
00:39:43and some of them aren't even folk
00:39:46well please go on
00:39:48well frankly speaking as a business woman
00:39:51davidina just isn't commercial
00:39:54i mean
00:39:55she restricts herself to such dreary material
00:39:58old scottish songs that nobody understands anymore
00:40:01and all that political stuff
00:40:04political songs
00:40:06i think protest is the word they use
00:40:09she writes a lot of her own songs and
00:40:12some of them are outrageous
00:40:14well then again she has a very small voice
00:40:17quite good you know but small
00:40:21and she's absolutely no sense of how to present herself
00:40:24just stands there and sings with her hair blinding her and her clothes looking like she got them secondhand from a tatty bogle
00:40:33still i did manage to put the occasional wee job her way
00:40:38yes now mrs gibson davidina mccloud has said in a statement read before this court that on the night of the 22nd of november 1975 she was in kendall as a result of being offered a job by you
00:40:50now did you in fact ever offer her any such engagement
00:40:55that is utter fantasy
00:40:57yes thank you mrs gibson
00:40:58yes thank you mrs gibson
00:41:02mrs gibson it would be almost true to say would it not that you are a member of a political dynasty
00:41:09yes almost like the kennedys in america
00:41:13well i hope not to like them
00:41:16now your father was law prophet of glassgate one time
00:41:18now your father was law prophet of glassgate one time
00:41:20and a right old chanty wrestler he was too
00:41:22mr telford
00:41:25my father was lord provost malone a fine highly respected man
00:41:31oh come on i'll work for him he was so bloody bad he had fucking rear lights
00:41:35remove that man at once
00:41:37mrs gibson how long did you yourself hold public office
00:41:54i was a ward councillor for garangad east in glasgow for five years
00:41:58yes until when mrs gibson
00:42:00up until the last local elections
00:42:02yes and did you lose your seat then to the candidate who represented the scottish national party
00:42:07after three recounts
00:42:08quite
00:42:09the scottish national party's been doing remarkably well in local elections recently has it not
00:42:14they've been quite successful
00:42:16newspaper comment season is making significant breakthroughs in the industrial belt previously dominated by your party
00:42:23there's a strong feeling that your party is running scarce
00:42:26there's a glasgow saying
00:42:28if you believe all you read in the papers you'll eat all you see
00:42:33couldn't you ask me something about antiques
00:42:36well perhaps that's what i am doing
00:42:40now mrs gibson are you familiar with this publication called the trustee
00:42:45i am sold around the pubs in glasgow
00:42:48more accurately certain pubs in glasgow
00:42:51well i'd like you to look at page four on this issue exhibit two
00:42:55now there's a column there headed
00:43:00drops from the eves
00:43:02the second last item
00:43:04mrs teresa gibson
00:43:06wheeler dealer party hack and perverter of flesh with the media
00:43:10is opening a new antique shop in edinburgh
00:43:13appropriately enough it's in the grass market
00:43:16very cheap and very nasty
00:43:18yes now grass market confers that you are a police informer does it not mrs gibson
00:43:22gibson
00:43:23i suppose so
00:43:24people like myself are always the target of stuff like that
00:43:27yes
00:43:28now mrs gibson is superintendent burn bank a friend of your family's
00:43:33yes
00:43:34and has been ever since i was quite young
00:43:36yes
00:43:37and did your father use his influence to further his career
00:43:40not really
00:43:41my father was a firm believer in people helping themselves
00:43:46oh no
00:43:47no
00:43:48no
00:43:49no
00:43:50no
00:43:51no
00:43:52no
00:43:53no
00:43:54no
00:43:55no
00:43:56no
00:43:57no
00:43:59no
00:44:00no
00:44:01all about you, Stuart McKenzie, and that wee tart beside you. We'll sort you both out.
00:44:06Now control yourself, Mrs. Gibson.
00:44:13I beg the court's pardon, my lord.
00:44:16So you should.
00:44:20When you are ready, Mr. Parson.
00:44:21My lord, Mrs. Gibson, you made a statement just now. We'll sort you both out.
00:44:27Who did you mean by we?
00:44:28I meant myself and the people of the party I belonged to.
00:44:32Yes, you didn't perhaps mean Superintendent Birnbank and yourself?
00:44:36Certainly not.
00:44:43I think Mr. Latimore better have that.
00:44:46Mrs. Gibson, I believe you're on record as saying that if Scotland gains its independence, you will go into exile. Is that correct?
00:44:51Yes. I am one of thousands of Scots who feel like that.
00:44:54Surely that argues a tremendous hatred for the nationalist cause.
00:44:58I hate it because I think it is evil.
00:45:02And perhaps because it threatens a small, cosy political empire.
00:45:07That'll be all. Thank you, Mrs. Gibson.
00:45:09No further questions, my lord.
00:45:11Thank you, Mrs. Gibson.
00:45:14Asher, would you please give that to his lordship?
00:45:21Is this the debt I saw being passed by someone in the court?
00:45:25It is, my lord.
00:45:26Well, do you wish me to do something about this, Mr.
00:45:33Well, with your permission, my lord, I feel I have no option but to recall Miss Marilyn Monroe to the witness down.
00:45:40Very well.
00:45:41Thank you, my lord.
00:45:42Marilyn Monroe...
00:45:43Miss Monroe, would you mind telling us what you wrote in that note?
00:45:55I wrote that Mrs. Gibson's voice was the voice I heard on the telephone.
00:46:00Now, at what point in Mrs. Gibson's evidence did you receive this sudden flash of illumination?
00:46:06It was where she said, this is utter fantasy.
00:46:11Oh, please go on.
00:46:12Right, when I heard that, I thought, aha.
00:46:14So I listened very carefully.
00:46:16And then I heard the very word.
00:46:18What word was that?
00:46:20Target.
00:46:21She said, people like myself are always a target.
00:46:25Yes, but now, Miss Monroe, you have had already two rather inconclusive identifications to your credit, have you not?
00:46:32This is different.
00:46:33Miss Monroe, can you now say positively that the voice you heard was that of Mrs. Theresa Gibson?
00:46:43Well, I wouldn't go as far as that, your honour.
00:46:46I'm afraid you will have to go as far as that, otherwise you're wasting the court's time.
00:46:54Well, it could just as well have been her voice.
00:46:57No stronger than that.
00:46:58Miss Monroe, did you hear what I said?
00:47:04Yes, your honour.
00:47:06But I just don't think Davidina MacLeod did it.
00:47:09The cases in Fulchester are fictitious.
00:47:38Join us tomorrow when the Queen against MacLeod and Mackenzie will be concluded in the Crown Court.
00:47:44Davidina MacLeod and Hamish Stewart McKenzie are accused of stealing an oil tanker lorry.
00:48:11The trial is in its final day, and the defence is about to present its case.
00:48:16The jury in this trial has been selected from members of the public, whose names appeared on the electoral register and who are eligible for jury service.
00:48:23Your name is Davidina Esther MacLeod.
00:48:27Yes.
00:48:28And you live at 25 Rothman Terrace, Glasgow?
00:48:31Yes.
00:48:32Now, what do you do for a living, Miss MacLeod?
00:48:33I'm a professional folk singer.
00:48:35Yes.
00:48:36Do you handle your own business affairs, or do you work through an agent?
00:48:39I handle my own affairs.
00:48:41Yes.
00:48:41And were you offered any professional engagement on the 22nd of November, 1975?
00:48:47Yes, I was.
00:48:48Yes.
00:48:48Can you remember who offered you that engagement?
00:48:50Mrs. Teresa Gibson.
00:48:52Yes.
00:48:53And what were the details of the engagement?
00:48:55It was a folk concert in Kendall at the Methodist Church Hall.
00:48:58Yes.
00:48:59Now, Mrs. Gibson offered you this engagement, although I believe she detests your politics.
00:49:05Mrs. Gibson's own politics have a sort of chameleon quality.
00:49:09Put them on top of a banknote and they turn the colour of money.
00:49:12Yes.
00:49:12Now, Mr. Clowder, how long have you known Mrs. Gibson?
00:49:16Nearly seven years.
00:49:18Can you remember the first time you met her?
00:49:20Yes.
00:49:20It was at a local branch meeting of the Labour Party.
00:49:23Yes.
00:49:23Can you remember a conversation you had with her that night?
00:49:26Yes.
00:49:27It was about the great need the party had for all the bright young people like me, and the
00:49:31golden opportunities it offered to bright young people like me, blah, blah, blah.
00:49:36The man who drove me home that night was more direct.
00:49:39He said, Teresa can make her break in this town.
00:49:42Yes.
00:49:43Now, who was that man, Mrs. MacLeod?
00:49:45Superintendent Burnbank.
00:49:48Yes.
00:49:48Now, Mrs. MacLeod, can we get back to this engagement that Mrs. Gibson offered you?
00:49:52What happened after you had accepted it?
00:49:55Well, I had to get there somehow.
00:49:57I was a bit strapped for money, so I decided to try and hitchhike.
00:50:00Yes.
00:50:01And when you were hitchhiking, Mrs. MacLeod, did you suffer an unpleasant experience at the
00:50:05hands of a Mr. Telfer?
00:50:07Hands is right.
00:50:08When we reached the cafe, I was out of that cabin before the tanker had stopped rolling.
00:50:13My first instinct was to get to where there were people.
00:50:15Is that why you ran inside the cafe?
00:50:17Yes.
00:50:18Then when I got inside, they were all sitting around there, and they looked up, and Jesus,
00:50:22they were all Telfers.
00:50:23So I sort of panicked again and went and chucked myself in the bog.
00:50:27Yes.
00:50:28And then what happened, Mrs. MacLeod?
00:50:30Well, I told myself to calm down, and I sorted my hair and slipped quietly out of the loo
00:50:35and started to suss the place out.
00:50:37There was a passage filled with crates of empty milk bottles.
00:50:41It led to the back of the calf, fields stretching away, lights in the distance.
00:50:47I just kept walking.
00:50:49To Kendall?
00:50:50Yes.
00:50:51I found the Methodist Church Hall.
00:50:54They'd never heard of any concert.
00:50:56Yes.
00:50:56So what did you do then, Mrs. MacLeod?
00:50:59I tried to phone Mrs. Gibson.
00:51:00Yes.
00:51:01Were you able to contact her?
00:51:02No.
00:51:03And did you then go back to Glasgow?
00:51:07No.
00:51:08I'd asked down the night in a hostel.
00:51:09The next day, I walked back to Big Mabel's and waited for a lift.
00:51:12I see.
00:51:13When did you get back to Glasgow?
00:51:15I got home about half past eleven.
00:51:17I was in bed and asleep before midnight.
00:51:20Yes.
00:51:20And what happened then, Mrs. MacLeod?
00:51:22I was wakened by somebody pounding on my door.
00:51:26I opened up and there was Busy B and another policeman.
00:51:29Yes.
00:51:29Did you say something to Superintendent Birnbank?
00:51:32I said something to him about the Gestapo.
00:51:35He told me to get dressed that he was taking me in.
00:51:37Yes.
00:51:38What else did he say to you?
00:51:39When the other policeman was out of the room, he said,
00:51:42We've got the boy with a hyphen, too.
00:51:44Now, meaning Mr. Stuart McKenzie?
00:51:47Yes.
00:51:47Did you reply to that?
00:51:49Yeah.
00:51:50I said, This is a fit-up, Birnbank.
00:51:51You're fitting me up.
00:51:53You and that bloody Catholic mafia bird of yours are fitting me up.
00:51:58Silence!
00:51:59Hold!
00:52:01Now, Miss MacLeod, what reason do you have for making the accusation you've just made against
00:52:07Mrs. Theresa Gibson?
00:52:08She hates my guts.
00:52:10Why?
00:52:10Because she thinks I was the cause of her being bombed out the last local elections.
00:52:15Can you explain that to the court?
00:52:18Long before polling day, all the young people in the party, people like myself, the bright-eyed,
00:52:24bushy-tailed youngsters Mrs. Gibson wanted to encourage and open golden doors for, well,
00:52:29we were all pissed off with Mrs. Gibson and our gang, so we got together and made a plan.
00:52:35And what was the plan?
00:52:36The day before polling day, we called a press conference.
00:52:40There were eight of us, and we announced that we were resigning from the party, because
00:52:44we no longer felt it was a democratic party, and it had become simply a caucus dedicated
00:52:49to preserving its own power and nothing else.
00:52:53We accused it of graft, mismanagement, the lot.
00:52:57We said we were prepared to provide chapter and verse to substantiate our accusations.
00:53:01The papers played it up big the next day.
00:53:05Yes.
00:53:05And do you think that, as a result of these activities, Mrs. Gibson lost the election?
00:53:10I do.
00:53:11And what are you suggesting was her reaction?
00:53:14Well, you heard her say in this courtroom that she regarded herself as a member of a
00:53:19political dynasty.
00:53:20I saw her Glasgow Kennedy clan.
00:53:23So what had happened to her was a kind of blasphemy.
00:53:26And she wasn't going to forget the ringleader, me.
00:53:29Say, Miss MacLeod, will you tell the court what you think she did?
00:53:32I think she trumped up this whole case against me.
00:53:36I think the people responsible are Superintendent Byrne-Bank and Mrs. Theresa Gibson.
00:53:41Yes.
00:53:42Thank you, Miss MacLeod.
00:53:43Miss MacLeod, you are now a member of another political party, are you not?
00:53:48I am.
00:53:49What is the name of that party?
00:53:51It's called Trustees for Scotland.
00:53:53And would that trusteeship include the question of North Sea Oil?
00:53:57Scottish Oil.
00:53:59Scottish Oil?
00:54:01The oil's Scottish and should stay in Scotland.
00:54:04And if it does not, then people like you will fetch it back.
00:54:08You've heard my statement.
00:54:10My presence at the cath that night was pure coincidence.
00:54:13Yes.
00:54:13My experience, Miss MacLeod, tends to suggest that most pure coincidences, when examined closely,
00:54:20turn out to be impure falsehoods.
00:54:22Now, the trustees for Scotland, is Hamish Stuart McKenzie also a member of that organisation?
00:54:30Yes.
00:54:30Is he the leader of the organisation?
00:54:33We don't have leaders.
00:54:35We are structured laterally, not vertically.
00:54:37That doesn't mean you have to lie down on your side to question us.
00:54:40I'm grateful for the concession.
00:54:42Now, Miss MacLeod, what are the about aims of your organisation?
00:54:46There's only one aim.
00:54:47Complete independence for Scotland.
00:54:50And Scottish oil for Scottish people.
00:54:53Yes, that too.
00:54:54Yes.
00:54:55Now, you are a folk singer, Miss MacLeod, are you not?
00:54:59I am.
00:55:00And show business is a harsh, competitive world.
00:55:03It can be.
00:55:04To survive in it, you have to have your wits about you.
00:55:06Yes.
00:55:07There are a lot of sharks around.
00:55:09Yes.
00:55:10And yet, you have successfully managed to survive in this world for several years, Miss MacLeod, have you not?
00:55:15Yes.
00:55:16And you now ask us to believe that you shot off to Kendall on receipt of an alleged telephone call without checking out one single item?
00:55:24I do.
00:55:25Extraordinary.
00:55:26Especially when the alleged telephone call came from a woman whom, on your own statement, you had every reason to distrust and suspect.
00:55:34Now, Miss MacLeod, let us turn to your escape from a fate worse than death at the hands of Peter Telfer, the lorry driver.
00:55:43You say that you were very upset by this experience.
00:55:46And so I was.
00:55:48And yet, just over 12 hours after this devastating experience, you are back at the cafe and trying to hitch a return lift to Glasgow.
00:55:56Yes.
00:55:57Well, I think that shows an almost incredible resilience on your part, Miss MacLeod.
00:56:01Would you not agree?
00:56:02No.
00:56:03Or perhaps it merely shows the qualities of being the hard wee cookie which Peter Telfer, the lorry driver, referred to as being essential, in his opinion, for the role of a successful decoy.
00:56:16No way.
00:56:18I suggest, Miss Scowd, that when you went out to the back of the cafe, you contacted Hamish Stuart McKenzie, and as soon as he and the lorry had gone, you then decided that your role as a decoy was no longer necessary, and you set off to Kendall.
00:56:31That's nonsense.
00:56:33Yes, I think you may well be a connoisseur of nonsense, Miss MacLeod.
00:56:37For instance, this allegation that Superintendent Birnbank and Mrs Gibson decided to fit you up, as you call it, is also nonsense.
00:56:46No!
00:56:47I suggest that it is a smear tactic against two people who represent twin enemies, the police and your political opposition.
00:56:58I deny that.
00:56:59A smear tactic which you saw as a useful, if somewhat melodramatic, redheading to divert attention from yourself, from Hamish Stuart McKenzie, and from the theft of a tanker filled with oil.
00:57:10Ho-hum!
00:57:25I call Hamish Stuart McKenzie.
00:57:27Take the Bible in your right hand, and you'll have the words on the card.
00:57:41I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.
00:57:48Your name is Hamish Charles Stuart McKenzie?
00:57:51It is.
00:57:52And you live at 57 Robertson Avenue, Glasgow?
00:57:55I do.
00:57:55What is your profession, Mr Stuart McKenzie?
00:57:58I'm a writer and freelance journalist.
00:58:00Yes.
00:58:00Now, Mr Stuart McKenzie, you have made a statement which was read out in court, have you not?
00:58:04Yes.
00:58:05And in that statement you say that you are astonished to find yourself in a charge of theft.
00:58:10Am I right?
00:58:10You are.
00:58:11Why are you astonished, Mr Stuart McKenzie?
00:58:15The trouble with Scotland is that God created it upside down.
00:58:19You have read Buckle, haven't you?
00:58:21Um, I'm afraid not.
00:58:23George Bernard Shaw was right.
00:58:25The English do not deserve to have great men.
00:58:28Well, uh, it might be better, Mr Stuart McKenzie, if we stick to one point at a time.
00:58:33Well, I've every intention of doing that, I assure you.
00:58:36And can we return to your astonishment at finding yourself on this charge?
00:58:39No, uh, let's return to Buckle first.
00:58:42I'm sure the court would like to know why he wrote in one of his books that Scotland was unfortunate in being upside down.
00:58:48Well...
00:58:48His thesis was that most countries have natural boundaries, which tend also to become natural defences.
00:58:54Mountains, rivers, etc.
00:58:56And within these defences, a national culture and economy can develop, with a minimum of hindrance and interference.
00:59:04Unfortunately, in the case of Scotland, the mountains which should be the barrier are all in the north, and the south, with its fertile plains and resources, is left totally defenceless against an aggressive and avaricious neighbour with ten times the population.
00:59:20Mr Stuart McKenzie, how far back is your defence liable to take us into the mists of history?
00:59:29I am not here defending myself, my lord.
00:59:32I do not acknowledge having committed any crime, and therefore no defence is necessary.
00:59:38However, if I were to be defending myself, I have always understood that the best defence is defence in depth.
00:59:45That is a sound military precept, Mr Stuart McKenzie.
00:59:49But the law is apt to lay more stress on the simple issue of relevance.
00:59:55Am I to infer from that, my lord, that you are imposing something like a guillotine procedure in Parliament?
01:00:02I am as little in favour of guillotine procedures as I am of filibusters.
01:00:09And I must point out to you, Mr Stuart McKenzie, that you are doing your case little or no good by adopting this attitude.
01:00:16The last reason of the king is always the sword.
01:00:20Yes. And patriotism, Mr Stuart McKenzie, has been defined as the last refuge of a scoundrel.
01:00:31Now that was said by an Englishman, my lord, and no doubt reflects the English experience.
01:00:36Proceed, Mr. Parson.
01:00:41Thank you, my lord.
01:00:42Mr Stuart McKenzie, am I right in thinking it is your contention that this court has neither validity nor authority to try this present case?
01:00:50That is my firm conviction.
01:00:52On what grounds do you base this conviction?
01:00:55On the grounds that this court is pre-empting a decision upon a claim that should first of all be passed upon by a higher court.
01:01:02What court is that, Mr Stuart McKenzie?
01:01:03The Court of Human Rights in The Hague.
01:01:05And can you tell us what that claim is?
01:01:08That Scotland ceased to be part of the United Kingdom 250 years ago and has since been a separate and independent nation.
01:01:16Yes.
01:01:17And what is that claim founded?
01:01:19On persistent and flagrant breaches of the Act of Union, 1707.
01:01:24I see.
01:01:25Ah, Mrs Stuart McKenzie, could you then detail for the court what you consider to be the actual breaches of this treaty?
01:01:34The Scottish mint?
01:01:35Mint?
01:01:36Mint.
01:01:36The only place you can be sure of making money?
01:01:39Yes, of course.
01:01:40Article 16 of the Treaty of Union stipulated that a mint shall be continued in Scotland under the same rules as applied to the mint in England.
01:01:47Yes.
01:01:48And this was not adhered to?
01:01:49The Edinburgh mint did not produce one single coin after 1710, three years after the Union.
01:01:55And the English Parliament finally abolished it in 1817.
01:01:58Yes.
01:01:59Are there any other instances to put forward, Mr Stuart McKenzie?
01:02:02Article 20.
01:02:03What did that deal with?
01:02:04Heritable rights and jurisdiction.
01:02:06And what exactly were they, Mr Stuart McKenzie?
01:02:08Well, they were feudal courts.
01:02:10No big noble was complete without them.
01:02:12They were his own law courts where he or his representative could try cases and announce new estate laws.
01:02:19Yes.
01:02:19How extensive were the powers of these feudal courts?
01:02:22Oh, how extensive can you get?
01:02:24They had what was called the right of pit and gallows.
01:02:26The right of pit meant that they could lock you up and throw away the key.
01:02:30And the gallows bit is self-explanatory, is it not?
01:02:33It is.
01:02:34Now, what did Article 20 have to say about these feudal courts?
01:02:39That notwithstanding the treaty, they were to be reserved to their owners as rights of property.
01:02:45And these rights, I take it, were abolished?
01:02:48In 1747.
01:02:50The 1745 rebellion scared London, you see.
01:02:53Mr Stuart McKenzie, I do not want the jury to get the impression that you are deploring the passing of these feudal practices.
01:03:02I take it, of course, that you do not.
01:03:04I think we were well rid of them, my lord.
01:03:09Why not?
01:03:11Mr Stuart McKenzie, so far we have alleged breaches of Article 16 and Article 20.
01:03:15Have you any further examples?
01:03:17I think we've got enough.
01:03:19Enough? For what?
01:03:20Enough to show the contract's been broken.
01:03:22You don't believe in the adage, Mr Stuart McKenzie, the more the merrier.
01:03:26I could throw in the Treason Act.
01:03:27Yes.
01:03:28The English scrapped ours and gave us theirs.
01:03:30Now, there was a sweet little number.
01:03:32Specially invented by Edward I to deal with William Wallace.
01:03:35Did you know that?
01:03:36Actually, I didn't.
01:03:37Well, I'll give you the recipe to take home.
01:03:39First, catch your patriot.
01:03:41Then hang him for a wee while.
01:03:43But not too fatally.
01:03:44Then cut him down.
01:03:46And with a good sharp knife, remove the intestines.
01:03:48Let's stand for a wee while, and then cut into quarters.
01:03:53This innovation became known as being hung, drawn, and quartered.
01:03:57Yes, well, perhaps you were right, Mr Stuart McKenzie, when you said enough is enough.
01:04:01Shall we sum up?
01:04:02Why not?
01:04:02It is your assertion that because of various breaches of the Treaty of Union, 1707, that
01:04:09that treaty is now, and has been for the past 250 years, null and void.
01:04:15Exactly.
01:04:16And I'm saying that from the very first breach, the contract was broken, and Scotland reverted
01:04:22to its previous status as a separate and independent nation.
01:04:26And has remained in that state until the present day.
01:04:29Right.
01:04:29And because of that, this whole question of theft just does not arise.
01:04:34The oil is, beyond all contradictions, Scottish.
01:04:38And as a trustee for Scotland, I had a duty to repossess it.
01:04:42Yes.
01:04:42And, um, the lorry, Mr Stuart McKenzie?
01:04:45The lorry was part of the theft from Scotland.
01:04:48It, too, had naturally to be impounded.
01:04:51Yes.
01:04:52Is there anything further you'd like to say to the court, Mr Stuart McKenzie?
01:04:56Yes.
01:05:01I resent, with everything I am capable of, these 250 years.
01:05:06I resent every wounded Highlander, who had his throat cut by the English soldiers at Culloden.
01:05:15I resent the Scotsmen, the friends of the people who were transported to Botany Bay.
01:05:22I resent the Weavers, who in 1820 were hanged for taking part in a fictitious rebellion set
01:05:30up by an English agent.
01:05:31I resent Mrs Macrae, who had her two-month-old baby seized on the island of Skye for non-payment of rent.
01:05:43The baby was valued at sixpence.
01:05:47I resent the unknown men, who were bundled into the emigrant ships during the clearances.
01:05:55I resent every miner who died in a Scottish pit.
01:06:01I resent every Scottish soldier, sailor, or airman, who ever died in an English war.
01:06:11I resent the Scottish men and women, the bright ones, the clever ones,
01:06:18who had to take their brightness and their cleverness further of Scotland.
01:06:24My Lord, at the Act of Union, the English paid us a sum of £398,085,10 shillings,
01:06:41a sum known as the equivalent, as compensation for the loss of our Parliament.
01:06:46After 250 years, what do you owe us now?
01:06:54My Lord, that is the case for the defence.
01:07:15Mr Stewart-McKenzie, did you take a tanker belonging to Polestar Petroleum from outside a transport cafe?
01:07:25I did.
01:07:26Did you do this with the assistance of Davadina MacLeod?
01:07:30No, I did it alone.
01:07:33Did you take it away and thus steal it?
01:07:36I took it away.
01:07:38I did not steal it.
01:07:49Members of the jury, you have heard all the evidence.
01:07:55It is now up to you to consider this evidence and to come to a decision.
01:08:01Now, this has been, in many ways, a complex case.
01:08:06There have been side issues raised.
01:08:09There have been undertones of personal rancour.
01:08:13Now, some of these undertones may be relevant.
01:08:18Some of them, you may feel, should merely be taken at their face value and nothing more.
01:08:22One thing, however, I do want you to remember,
01:08:25and it is most important that you should keep this in the forefront of your minds.
01:08:31You are the judges of fact.
01:08:36And the basic fact in this case is that a theft was committed.
01:08:42It is now for you to decide by whom it was committed.
01:08:47By both the defendants or by one of them?
01:08:52Amy Stewart McKenzie has admitted taking the tanker.
01:08:56Did Davidina McLeod assist him, knowing that an offence was to be committed?
01:09:06Now, one final thing for you to bear in mind.
01:09:09The defendants are not required to prove their innocence.
01:09:12The prosecution has to prove the guilt of each one.
01:09:18And you must be satisfied that it has been proved beyond all reasonable doubt.
01:09:27Now, that is all.
01:09:31You will now retire and consider your verdict.
01:09:39Will the foreman please stand?
01:09:42Just answer this question, yes or no.
01:09:44Have you reached a verdict on which you are all agreed?
01:09:47Yes.
01:09:48On the charge of stealing a lorry, the property of the Polestar Petroleum Company,
01:09:52how do you find the defendants?
01:09:54Davidina McLeod, guilty.
01:09:57Hamish Stewart McKenzie, guilty.
01:10:01And are those the verdicts of you all?
01:10:03Yes.
01:10:10Hamish Stewart McKenzie,
01:10:13the offence for which you have been convicted is serious enough in itself.
01:10:17It is even more serious in that it is liable to touch off crimes of an imitative nature.
01:10:26The sentence of this court is six months' imprisonment, suspended for two years.
01:10:33Davidina McLeod, I am satisfied you shared Stuart McKenzie's views.
01:10:42You now share his guilt.
01:10:45You will also share his sentence, which is
01:10:48six months' imprisonment, suspended for two years.
01:10:54Come on now.
01:11:04Come on, sir.
01:11:05Come on.
01:11:13Come on.
01:11:14Come on.
01:11:19The case is in Fultest and are fictitious.
01:11:49Join us again for another leading case in the Crown Court.
Be the first to comment