Lola Martin (Philip Sayer) has been charged for persistently importuning and assaulting a police officer during the execution of his duty. Each of the 3 episodes ended with an excerpt from The Kinks' song "Lola". To avoid the whole video being blocked, the usual theme of "Distant Hills" has been dubbed over the end credits.
Nicholas Ball (Det. Sgt. Lent) is perhaps best known for the Thames TV series "Hazel" and "Hammer House of Horror". Ben Kingsley (defence counsel) would go on to a prolific film career, including Ghandi and Silas Marner.
Robin Bailey (Justice Hamilton) also appeared as a Judge in "Rumpole of the Bailey" and as Uncle Mort in "I Didn't Know You Cared". Judy Parfitt also appeared in other episodes of "Crown Court" and "Yes, Minister".
Colette O'Neil would also star in other episodes of "Crown Court" and the Doctor Who adventure "Snakedance" with Peter Davison and Martin Clunes. Tony Sibbald (Oscar Douglas) also appeared with Tom Baker in the Doctor Who adventure "Terror of the Zygons".
Nicholas Ball (Det. Sgt. Lent) is perhaps best known for the Thames TV series "Hazel" and "Hammer House of Horror". Ben Kingsley (defence counsel) would go on to a prolific film career, including Ghandi and Silas Marner.
Robin Bailey (Justice Hamilton) also appeared as a Judge in "Rumpole of the Bailey" and as Uncle Mort in "I Didn't Know You Cared". Judy Parfitt also appeared in other episodes of "Crown Court" and "Yes, Minister".
Colette O'Neil would also star in other episodes of "Crown Court" and the Doctor Who adventure "Snakedance" with Peter Davison and Martin Clunes. Tony Sibbald (Oscar Douglas) also appeared with Tom Baker in the Doctor Who adventure "Terror of the Zygons".
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TVTranscript
00:00:00At that point, the accused re-emerged from the ladies' toilet and again smiled at me.
00:00:24I half smiled back, and then the next thing I knew was that I was being kissed.
00:00:30And the accused said, why don't you come back to my place, we can have a lot of fun.
00:00:33In today's trial of the Queen against Lola Martin, the jury has been selected from members of the public,
00:00:39whose names appeared on the electoral register and who are eligible for jury service.
00:00:43And what happened then, Sergeant Lenton?
00:00:45Well, I said to him, what's your name?
00:00:48And he said, Lola, Lola Martin.
00:00:51I produced my police identification and advised him that I was arresting him for soliciting.
00:00:56I took hold of his arm, and then, to my astonishment, he hit me, whacked me right in the chin.
00:01:03Just one moment, Sergeant.
00:01:04Was there any particular reason for your astonishment?
00:01:08Yes, ma'am.
00:01:09Up until that second, I'd thought that I was arresting a woman.
00:01:12But no woman could punch like that.
00:01:14Well, apart from the fact that Martin had just emerged from the ladies' toilet,
00:01:18what caused you to think you were arresting a woman?
00:01:21His clothes, wig, everything.
00:01:24He was dressed as a woman.
00:01:25You were telling my lord and the jury about when the accused hit you.
00:01:30What happened after that?
00:01:31Well, I grabbed him again, and we struggled out into the main bar of the club.
00:01:35Detective Sergeant Wilson came to my aid,
00:01:38and we hustled Martin outside and into a police car.
00:01:40He was taken immediately to Fultchester Central Police Station,
00:01:43and a short while later charged with persistently importuning for an immoral purpose.
00:01:48I also charged him with assaulting a police officer in the execution of his duty.
00:01:51The two charges that bring us here today, did the accused say anything when he was charged?
00:01:57Yes, he did.
00:01:59May I consult my notebook, my lord?
00:02:01Were those notes made at the time he was charged?
00:02:04Yes, my lord.
00:02:05You may refer to them, then.
00:02:06Thank you, my lord.
00:02:07After I had charged him with importuning, he said,
00:02:13girls will be boys, and boys will be girls.
00:02:16It's a mixed up, muddled up, shook up world except for Lola.
00:02:20Sergeant Lent, this club where you were arrested, the accused,
00:02:23Verities, I believe it's called.
00:02:25Yes, my lord.
00:02:26Would I be right in assuming it is, amongst other things, a drinking club?
00:02:30Yes, it is.
00:02:30Had the accused been drinking?
00:02:33No, my lord.
00:02:33I gather he does not drink alcohol.
00:02:36I see.
00:02:37Would you repeat the remarks he made after he'd been charged with importuning?
00:02:43Girls will be boys.
00:02:45Boys.
00:02:46Boys will be girls.
00:02:47Boys.
00:02:48It's a mixed up, muddled up, shook up world.
00:02:52Shook up world.
00:02:53Except for Lola.
00:02:54For Lola, my lord.
00:02:58I cannot find the medical report on him.
00:03:02If I might offer some assistance, my lord.
00:03:05I'd be grateful for assistance from any quarter, Mr. Lee.
00:03:07Well, the words quoted by the detective sergeant,
00:03:10which we accept as having been uttered,
00:03:12although they do not form part of any official statement by my client,
00:03:16these words form part of a popular song of a few years ago.
00:03:20The song is entitled Lola.
00:03:21More particularly, my client has been known by the name of Lola Martin for nearly ten years.
00:03:26If my learned friend has no objection,
00:03:28I will not wait until I examine this witness before offering, as an exhibit,
00:03:33copies of the sheet music of this song.
00:03:34Mrs. Forrest?
00:03:35I have no objection.
00:03:36No, this will become exhibit number seven.
00:03:39Would you give the witness a copy, please?
00:03:43No.
00:03:46I think my learned friend will find what she's looking for on page seven, my lord.
00:03:49I'm obliged, Mr. Lee.
00:03:52The song is called Lola, by the Kinks.
00:03:55Yes.
00:03:56Ah, yes, here we are.
00:03:58Those are the words on page seven that the accused uttered, Sergeant.
00:04:01Yes, ma'am.
00:04:02Mr. Lee.
00:04:03Yes, my lord.
00:04:04The sex of your client is male, is it not?
00:04:08Yes, male, my lord.
00:04:09And who or what are the Kinks?
00:04:13The group, my lord, who originally recorded Lola.
00:04:17The words and music were written by a member of the group.
00:04:20Yes, I see.
00:04:20Thank you, Mr. Lee.
00:04:21Continue, Mrs. Forrest.
00:04:22Did the accused say anything else after he'd been charged with the first offence?
00:04:28No, but he kept blowing me kisses.
00:04:31He did what?
00:04:33He kept blowing me kisses, my lord.
00:04:35How exactly did he do that?
00:04:41Like that, ma'am.
00:04:43Thank you, Sergeant.
00:04:45Did he make any written statement?
00:04:47No, he didn't.
00:04:48And was he a short while later charged with the second offence?
00:04:51That of assaulting you?
00:04:53Yes, he was.
00:04:54He made no comment and declined to make any written statement.
00:04:57Thank you very much, Sergeant.
00:05:02You were not, of course, in uniform at the time of the alleged offences, were you, Sergeant?
00:05:06No, sir.
00:05:06I was in plain clothes.
00:05:08On duty?
00:05:08Yes.
00:05:10Prior to the commencement of this trial, I requested that you attend with the clothes that you were wearing that evening.
00:05:15Do you have them with you?
00:05:16Yes.
00:05:17Here they are.
00:05:18I assume that you wish to examine them.
00:05:20You assume incorrectly, Sergeant.
00:05:22I want you to go and put them on.
00:05:23Me lad?
00:05:23Yes, just a moment, Mrs. Foyce.
00:05:25Mr. Lee, why do you wish to see the Sergeant in those clothes?
00:05:29I want the jury to see him in those clothes, my lord.
00:05:31They form a crucial part of the defence.
00:05:33I want the jury to see exactly what confronted my client when he stepped out of the toilet and made his way back to the bar.
00:05:39I would also request that the witness be asked to rearrange his hair so that it conforms with his appearance on the night of the alleged offences.
00:05:46Do you have any objections, Mrs. Foyce?
00:05:47Yes, me lad, I most certainly do.
00:05:50First, on consideration, me lad, I withdraw my objections.
00:05:55Well, that overcomes that hurdle.
00:05:57Sergeant, if you would be so kind to retire and put on those clothes.
00:06:01And adjust the hair, my lord.
00:06:02You're being a little previous, Mr. Lee.
00:06:04I was coming to that, and adjust your hair.
00:06:08I will take a short adjournment.
00:06:15Would you mind explaining to my lord and the jury exactly why you were dressed in that manner on the night of the alleged offences?
00:06:22At that time, I was on secondment to the CID division of Fulchester.
00:06:27On the night in question, I was keeping surveillance with Detective Sergeant Wilson of the CID on the Verity Club.
00:06:33Was Detective Sergeant Wilson similarly attired?
00:06:36Yes, he was.
00:06:37Sergeant, exactly why were you and your colleague in that club on that particular night?
00:06:43Millard, the reason that the two officers were in that particular club on that particular night has nothing to do with the case.
00:06:50I can assure the court it had nothing to do with the accused.
00:06:53They were involved in investigations into quite another matter.
00:06:56If details of those investigations are made public at this time, it might seriously jeopardize those investigations.
00:07:03Do you hear me on this, my lord?
00:07:04Certainly.
00:07:04I submit that the jury should hear why these two policemen were in that club.
00:07:08I further submit that, as far as my client is concerned, these two policemen, particularly this witness here, were acting as agents provocateurs and that their aim was to entrap homosexuals.
00:07:19I think we should continue this discussion without the jury being present.
00:07:22I feel that several points of law are looming over the horizon.
00:07:27Are you agreeable to that course of action?
00:07:29Yes.
00:07:29Yes, my lord.
00:07:30Ladies and gentlemen of the jury, there are several points of law that I wish to discuss with counsel.
00:07:36That will give you slightly longer for lunch.
00:07:38We shall be sitting again at two o'clock, but I must ask you not to re-enter the court until you're summoned by the usher.
00:07:44The court will rise.
00:07:49Now, Mrs. Forrest, why shouldn't the witness tell the court exactly what he was doing in this club on that particular night?
00:07:56My lord, he was at the time in question working with the drug squad.
00:08:00Information had been received that a large consignment of cannabis was going to change hands that night in the club.
00:08:05Because of the furore that accompanied Martin's arrest, the drug surveillance was called off.
00:08:11I understand the drug squad believed the exchange may still take place.
00:08:15If details of the squad's activities are made public at this time, they may well lose the opportunity of apprehending a drug ring.
00:08:22I note that you've already asked for and been granted three adjournments of this trial.
00:08:28Were those adjournments asked for because of the drug squad's activities?
00:08:31Yes, my lord.
00:08:32And despite those lengthy adjournments, no drug peddlers have been apprehended in this verities club.
00:08:39That is correct, Milo.
00:08:41In that case, I feel the witness should advise the jury why he was in that club.
00:08:44It's been said many times before, but it cannot be said too frequently.
00:08:48Justice must not only be done, it must be seen to be done.
00:08:52We don't want any hole-and-corner aspects.
00:08:55Now then, Mr. Lee, what's this about agent provocateur?
00:08:58My lord, I know nothing of drug peddlers operating at Verity's club, but one of the keystones to my defence is that these two police officers went to the club with the express purpose of entrapping homosexuals.
00:09:09I submit that this is why they were dressed in that manner.
00:09:12I further submit that Detective Sergeant Lent deliberately provoked my client into breaking the law.
00:09:17Milad, the defence of entrapment does not pertain in this country.
00:09:21And further, the Court of Appeal clearly considered, in the Queen against Mealy and Sheridan, that if a crime was brought about by someone who could be described as an agent provocateur, it might affect sentence.
00:09:33But it did not affect the question of guilty or not guilty.
00:09:36There have been rulings since 1974 that drastically affect that ruling, my lord.
00:09:42The Queen versus Amir and Lucas, July 1976, is the most recent, and there are a number of others that I can cite.
00:09:51Thank you, Mr. Lee.
00:09:52I came prepared.
00:09:53I am aware of the modifications of the Court of Appeal's ruling.
00:09:56It seems to me, Mrs. Forrest, that with regard to the role of alleged agent provocateur, each case should be judged on its own particular merits.
00:10:05That is precisely what I intend to do in this case.
00:10:09I will adjourn for lunch now.
00:10:12Before the jury was sent out, Sergeant, you testified how you and Detective Sergeant Wilson were in Verity's club on the night of September the 14th.
00:10:22Now, my lord has ruled that you should answer the question my learned friend objected to.
00:10:29Exactly why were you there on that particular night?
00:10:33Acting on information received, we had been advised that a large consignment of drugs would be changing hands in the club on that particular evening.
00:10:41What kind of drugs, Sergeant?
00:10:42Cannabis.
00:10:44Was my client suspected of being involved in this drug ring?
00:10:46As far as we were concerned, all the customers in the club are suspect.
00:10:49Commendable.
00:10:51Let me put it another way.
00:10:52Have you, since that night, obtained a single shred of evidence that links Lola Martin with illicit drugs?
00:10:58No, sir.
00:10:59No.
00:10:59I'd like to ask you about your appearance, your attire.
00:11:03Is it normal to wear such clothes when engaged in undercover operations?
00:11:07Of course it is.
00:11:09The clothes vary depending on the nature of the work.
00:11:11We'd hardly expect to make any arrests dressed in uniform.
00:11:14The club Verities is a drinking club, I believe.
00:11:17Yes, it is.
00:11:18You would agree with me that the bulk of the clientele are homosexuals, that it is well known in Forchester as a gay club?
00:11:24Yes.
00:11:24They're not all gay, but most of them are.
00:11:26Gay being a euphemism for homosexual.
00:11:29Yes, my lord.
00:11:30I note from Exhibit 3, which is a register of club members, that both you and Detective Sergeant Wilson are members there.
00:11:39Are you a homosexual, Sergeant?
00:11:43The club is for members only.
00:11:46We could hardly sit there drinking if we were not members.
00:11:49I know that you've been a member for nearly a year.
00:11:51When were Forchester Police first advised that the club might be a likely scene for illicit drug operations?
00:11:57August of this year.
00:11:58Yes, you'd been a member for some six months prior to that date.
00:12:03Why, Sergeant?
00:12:04Millard, I must object to the innuendo of these questions.
00:12:08Again and again in the courts of this country, when a police officer is called to give evidence,
00:12:13one is left with the impression that they themselves are on trial.
00:12:16My lord.
00:12:17I tell you frankly, my lord, my client does not believe this story of illicit drugs.
00:12:21He firmly believes that the reason this officer and his colleague were in that club was to catch homosexuals,
00:12:27or to use their jargon, roll over a few queers.
00:12:30I'm not putting this witness on trial.
00:12:32I'm merely trying to get at the truth.
00:12:33Yes, I accept that.
00:12:34But I must agree with Mrs. Forrest.
00:12:36There is a certain unfortunate innuendo in your questions.
00:12:41Do you intend to produce evidence that this police officer is a homosexual?
00:12:47Yes, my lord.
00:12:47Indeed I do.
00:12:48Firstly, I'd like to clear up this story about a drug ring operating at the club.
00:13:02Would I be right in assuming that neither on that night or any time since
00:13:05have any drugs been found, seized, or located on the club premises?
00:13:11Yes, you would be right, but there could be a very good reason for that.
00:13:14Yes, you've answered the question, Sergeant. Thank you.
00:13:15Millard, I feel the witness was about to qualify his answer.
00:13:19Might he be allowed to do so?
00:13:21Of course, Mrs. Forrest.
00:13:22Mr. Lee, you are defending your client with your customer's zeal,
00:13:25but I must ask you not to harass the witness.
00:13:29I would apologise, my lord, having some considerable experience of cases like this one.
00:13:34I am fully aware of how unpleasant harassment can be.
00:13:37I have no wish to subject the sergeant to such an ordeal.
00:13:40You never lose an opportunity, do you, Mr. Lee?
00:13:43One tries not to, my lord.
00:13:44Sergeant, you were telling the jury that there might be a very good reason
00:13:48why no drugs have been found in Verity's club since the night you arrested the accused.
00:13:53Now, would you please finish your answer?
00:13:56Well, my lord, it's precisely because he was arrested on that night.
00:14:00He kicked up such a fuss that any drug pushers would have been frightened off and slipped away.
00:14:04An unfortunate by-product of the arrest, as it were.
00:14:08Exactly, my lord.
00:14:09Continue, Mr. Lee.
00:14:10Well, let us leave the question of drugs, then.
00:14:12Clearly, whether they existed or not, my client had no connection with them.
00:14:15Milad, could my learner friend be asked to refrain from making speeches to the jury?
00:14:20Yes, I think the witness has covered that aspect, Mr. Lee.
00:14:24The answer was that your client has no connection with any illicit drugs.
00:14:29I'm obliged, my lord.
00:14:31Prior to the moment when you arrested Martin in the club, how long had you been there, Sergeant?
00:14:35Nearly two hours.
00:14:37Did you observe Martin during that time?
00:14:40Yes, I did.
00:14:41Most of the time he was talking to two people at a table, but from time to time he came to the bar to buy drinks for them.
00:14:46And on one occasion he put his arm around a man and said,
00:14:49Hello, darling, what are you doing tonight?
00:14:51Did you hear my client referred to by name during that time?
00:14:54Yes, I did.
00:14:56Apart from chatting to the owner of the club, other people called out greetings to him.
00:15:00They referred to him by the name of Lola.
00:15:02Just Lola?
00:15:03Yes.
00:15:03You stated earlier that you were standing in the corridor outside the toilets when the accused emerged from the ladies.
00:15:10Why were you standing there?
00:15:12I was keeping observation.
00:15:14Toilets are a well-known area for drug passing.
00:15:17Prior to that, during the previous two hours, had you exchanged any words with the accused?
00:15:21Yes, I may have said hello on one occasion.
00:15:25And when you said hello, you exchanged a smile.
00:15:30I may have done.
00:15:31Now, you've testified that you've been a member of this club for nearly a year, is that right?
00:15:35Yes.
00:15:36You've also testified that until the moment he hits you, you believe the accused was a woman.
00:15:40That's right.
00:15:41Oh, come now, Sargent.
00:15:42You've been a member of that club for nearly a year.
00:15:45Albeit for the purpose of infiltration, surely you must have known that Lola Martin was a man.
00:15:49No, I didn't.
00:15:51You hadn't seen him before that night?
00:15:53Yes.
00:15:54On a number of occasions.
00:15:55You knew him well enough to smile at him and say hello, and yet you ask us to believe you thought the accused was a woman.
00:16:02He was dressed as a woman.
00:16:04He moved like a woman.
00:16:05He sounded like a woman.
00:16:06The club was very dimly lit, and women do use it, you know.
00:16:08Is that a homosexual?
00:16:09Well, yes, I've already said that.
00:16:11Look, it didn't matter to me whether Lola Martin was a man or a woman.
00:16:14We were in the club looking for drug pushers, not gays.
00:16:18You stated at the beginning of your evidence that when Lola Martin emerged from the ladies, he smiled at you, and you half smiled back.
00:16:27Yes, that's right.
00:16:28Why did you return his smile?
00:16:31Look, when you're doing work of this kind, the object of the exercise is to remain as inconspicuous as possible.
00:16:37Now, I'm not likely to catch any drug pushers if I go around in uniform whistling the theme from Z-Cars.
00:16:42Did your dedication to duty have to go so far as to responding to him when he kissed you by kissing him back?
00:16:49Don't be bloody silly.
00:16:50He kissed me and then asked me to go back to his place.
00:16:52Where did he kiss you?
00:16:53On the lips.
00:16:53And I put it to you that your response was that of a homosexual.
00:16:56You returned, as it were, that kiss.
00:16:58My initial response was surprise.
00:17:00Then, after he had propositioned me and I'd shown him my identification and advised him that he was being arrested, he hit me.
00:17:06And my response then was amazement.
00:17:08Yes, I'm sure it was, Sergeant.
00:17:09No further questions.
00:17:12Sergeant, during the period that you were seconded to the drug squad, apart from the undercover work you were involved in in Veritas Club, did you do other work of a similar nature?
00:17:24Yes, ma'am.
00:17:26Nightclubs, gambling casinos, pop concerts.
00:17:28And presumably, as all of this work was basically infiltration and surveillance, you would have worn the appropriate clothes.
00:17:35Yes. For example, at a pop concert, it would be t-shirt, jeans, beads, that sort of thing.
00:17:43Did any of that undercover work result in successful prosecutions?
00:17:47Yes, ma'am. Quite a number.
00:17:48Presumably, nobody saw fit to accuse you of being a hippie, a drug addict, or a gangster.
00:17:54Really, my lord.
00:17:55I would draw the question, my lord.
00:17:56If my learned friend is so concerned with legal niceties, might she be asked to practice what she preaches and refrain from making speeches to the jury?
00:18:03Clearly, she's here to obtain a conviction.
00:18:04I am here to obtain a hearing of this case.
00:18:06That will suffice from both of you.
00:18:09We are all here to obtain justice for the accused.
00:18:12Displays of acrimony are not calculated to achieve that aim.
00:18:17Now, Sergeant, a suggestion has been made that on the night in question, you were functioning as an agent provocateur.
00:18:24That while being employed to detect suspected offenders, you were also engaged in tempting, specifically the accused, to commit crime, that of soliciting.
00:18:37Now, leaving aside the merits and demerits of that particular argument, have you, on any previous occasion, been officially involved in that role?
00:18:46Yes, my lord.
00:18:48Two years ago, I infiltrated a group of political extremists by posing as someone who was sympathetic to their cause.
00:18:54And what about your earlier work with the drug squad that Mrs. Forrest was just asking you about?
00:18:59Well, I don't know if that comes under the heading of agent provocateur, but, well, one poses as someone wishing to buy drugs, as someone who is into the drug scene.
00:19:08And are you familiar with the guidelines laid down by the Home Office with regard to police working in this area?
00:19:14Yes, my lord, I am.
00:19:15Would you consider that in this case you overstepped those guidelines?
00:19:19No, my lord, I most certainly did not.
00:19:22I was not in the club to entrap homosexuals.
00:19:25Thank you, my lord.
00:19:26I have no further questions.
00:19:28I call Edward Linger.
00:19:33I've been a journalist for over 20 years, and at the moment I'm working freelance.
00:19:38Were you on the night of September the 14th in a Forchester club known as Veritas?
00:19:42Yes, I was.
00:19:43Well, I was there with Lola Martin and a Dr. Burlington.
00:19:46Was that a trans meeting?
00:19:48No, it was by arrangement.
00:19:50Well, appointment, that is.
00:19:51Was the accused known to you prior to that date?
00:19:54No, the meeting had been arranged by Dr. Burlington.
00:19:57Oh, for what purpose?
00:19:58Well, I'm writing a series of feature articles for the Sunday Gazette.
00:20:03I wanted to do one on transvestite homosexuals, and Dr. Burlington set up an interview with Lola Martin.
00:20:09In Veritas?
00:20:10Yes.
00:20:11With this interview, a nightclub seems an unlikely place to conduct an interview.
00:20:15Yes, well, in my profession, my lord, one gets accustomed to conducting interviews in the unlikeliest places.
00:20:23In this particular instance, Lola Martin only agreed to be interviewed at the club.
00:20:27I see you.
00:20:28Thank you, Mrs. Forrest.
00:20:29Thank you, my lad.
00:20:30Mr. Linger, apart from talking to yourself and Dr. Burlington, did the accused talk to anyone else?
00:20:36Oh, yes.
00:20:38He talked to virtually everyone in the club.
00:20:40Seemed to be very well known.
00:20:41Prior to his arrest, and apart from the conversation between yourself and Dr. Burlington,
00:20:46did Martin make any particular reference to anyone in the club?
00:20:50Yes, there were a couple of young guys there,
00:20:53and it was obvious that Lola Martin had taken a fancy to one of them.
00:20:56Do you see that young man in court today?
00:21:02Yes, that's him sitting over there.
00:21:04Detective Sergeant Lent.
00:21:06Yes, of course, we didn't know at the time that he was a police officer.
00:21:09No, of course not.
00:21:11Why was it obvious that Martin had, to use your own words, taken a fancy to him?
00:21:18The various remarks he made about him during the course of the evening.
00:21:22Well, as none of the jury, to my knowledge, were in the club on that particular night,
00:21:26do you think you could enlighten, my lord, in the jury as to exactly what the accused said about Detective Sergeant Lent?
00:21:33Yes.
00:21:35He said that Lent had a nice body.
00:21:38He also said, I fancy him.
00:21:40And later on he remarked, he wants to know, you know.
00:21:43Oh, and then just before he went out to the toilet, he said, I won't need my electric blanket tonight.
00:21:50I think I'm on a promise with that one and the leather jacket.
00:21:53You're quite sure he said all those things?
00:21:56Oh, yes, I'm quite sure.
00:21:57I wrote it all down at the time.
00:21:59You wrote down what he said?
00:22:01Oh, yes, my lord.
00:22:04I was interviewing him at the time and they struck me as a very good copy.
00:22:08Do you recall anything else in relation to the accused and Detective Sergeant Lent?
00:22:14What, do you mean prior to his arrest?
00:22:15Yes, I do.
00:22:18Um, yes, at one point Martin said hello to him and gave him a big smile.
00:22:24And the copper said hello back to him.
00:22:27Oh, Martin was delighted.
00:22:28During the course of your interview with Martin, was the subject of male prostitution referred to?
00:22:36Yes, it was.
00:22:37Do you recall any of the remarks that the accused made?
00:22:41I recall all of them.
00:22:42I wrote down his comments.
00:22:45He said a great deal on the subject, but basically he said that he never sold his body,
00:22:49but that from time to time he did go out cruising.
00:22:52You mean sailing?
00:22:54Uh, no, my lord.
00:22:59It's a homosexual term meaning to go out and seek another man either in clubs, bars or on the streets.
00:23:06When Martin went to the toilets, can you recall where Sergeant Lent was?
00:23:11No, my lord, I cannot.
00:23:14The last I saw of the sergeant was when he came bursting out of the corridor that leads to the toilet.
00:23:19He was struggling with Lola Martin who shouted out,
00:23:22Grab your handbags, girls.
00:23:25It's a raid.
00:23:25A good night.
00:23:27A good night.
00:24:37The 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.
00:24:44Mr. Linger.
00:24:47You were telling my lord in the jury at the moment when the accused appeared back in the main club area struggling with Detective Sergeant Lent and shouting, grab your handbags girls, it's a raid.
00:24:59That's right.
00:25:00What happened next?
00:25:01Well, there was a certain amount of confusion at the club.
00:25:06Some of the members laughed.
00:25:08Others screamed, ran for their coats and got out.
00:25:12Another man dressed in leather who I learned later was also a detective grabbed Lola Martin and the two officers bundled him out of the club.
00:25:20Well, what did you do?
00:25:22Well, I accompanied Dr. Burlington to Fortchester Central Police Station and a short while later we both made statements.
00:25:28Mr. Linger, I'm much obliged.
00:25:29Mr. Linger, as I understand you, prior to that night, the night of Lola Martin's arrest, you'd not met my client.
00:25:39That's right, yeah.
00:25:40And your introduction was effected by Dr. Burlington.
00:25:44Yes, that's right.
00:25:45This article you intended to write on transvestite homosexuals, what was your basic approach to the subject?
00:25:53Well, how do you mean?
00:25:54Well, was it sympathetic to the problems that confront homosexuals in our society?
00:25:58It's a factual piece.
00:26:01Yes, but what, to use your newspaper parlance, was your angle?
00:26:06There was no angle, just a factual piece of reporting.
00:26:08Were there to be any photographs of Mr. Martin contained in the article?
00:26:12Yes, there were.
00:26:13Photographs of him dressed as a woman?
00:26:15Yes, that's right.
00:26:17Is that why he was dressed as a woman on that particular evening?
00:26:20Yes.
00:26:21I'd arranged for a photographer to join us at the club later.
00:26:25But Martin got arrested before we had a chance to take any photos.
00:26:27But you planned to take photos of Lola Martin in the club?
00:26:31That's right.
00:26:32He was quite agreeable.
00:26:33Now, you told my lord and the jury yesterday that this article was one of a series of feature articles that you were writing for the Sunday Gazette.
00:26:42Were the others merely factual ones, too?
00:26:45Yes, they were.
00:26:46They're about various aspects of our modern society.
00:26:50Would you describe them as sensationalistic?
00:26:52Certainly not.
00:26:53I'm not that kind of journalist.
00:26:55Oh, aren't you indeed.
00:26:56How much money were you being paid for these articles?
00:26:59Millard, is that question entirely relevant?
00:27:01My lord, I contend that it is highly relevant, and I assure you I will be able to demonstrate why.
00:27:06Very well, Mr. Lee.
00:27:07Mr. Lingo, would you answer the question?
00:27:09But what I earn has got nothing to do with this case.
00:27:12I direct you to answer the question.
00:27:16A thousand pounds per article.
00:27:19I'm sorry, I beg your pardon?
00:27:22A thousand pounds per article.
00:27:24How many articles?
00:27:27Eight.
00:27:28Eight thousand pounds.
00:27:31How much had you agreed to pay Lola Martin for all the information he gave you to form the basis of one of these articles?
00:27:37I hadn't agreed to pay him anything.
00:27:39I don't work like that.
00:27:41No, indeed you don't.
00:27:42I put it to you that the only reason he agreed to help you was because you and Dr. Burlington advised him that the article would be sympathetic, reasonable, and fair with regard to homosexuals in this country.
00:27:52I told him he'd get a fair crack at the whip.
00:27:55Under the circumstances, a bizarre phrase.
00:27:58You told him that you would report his views accurately, did you not?
00:28:02Yes, something like that.
00:28:04And just now you said all of these articles were factual and certainly not sensationalistic.
00:28:10Yes, that's right.
00:28:11My lord, I would like to introduce these articles as exhibits at this point.
00:28:15Millard, I object.
00:28:16Those articles have no bearing on this case.
00:28:18They were written prior to the night that these offences took place.
00:28:21My lord, firstly, I wish the jury to be able to judge the calibre of this witness.
00:28:25Secondly, I contend that Linger's views as expressed in these articles had a direct bearing on the events that took place on the night of the alleged offences.
00:28:33Well, firstly, might I see a copy of these articles?
00:28:36Certainly, my lord.
00:28:39Oh, and Usher, if you could give a copy to the witness, please.
00:28:42These will become exhibit eight.
00:28:45Now, Mr. Linger, if you could look at the first article in the Gazette, dated August the 8th, would you say that it was factual, unsensationalistic, and without an angle?
00:28:59Certainly.
00:29:00Yes.
00:29:00The article is headed the misalliance of drugs, sex, and pop music.
00:29:06It contains intimate details of the private life of a leading pop singer.
00:29:11That's right.
00:29:11Details that he gave himself.
00:29:13It also contains a damning criticism of that singer.
00:29:16Did he criticise himself as well?
00:29:17Are those comments also his?
00:29:19Well, I had to knit the whole thing together.
00:29:21Yes.
00:29:21August the 15th, your article is headed, The Casting Couch Syndrome.
00:29:27This one deals with a rising young actress who's the mother of an illegitimate son, a fact that you had unearthed and confronted her with.
00:29:34Mila, must we endure more of this?
00:29:36My lord, I'm gratified to see that my learned friend shares my disgust.
00:29:39I would now like the witness to turn to the last item in this little bundle, the article written by this witness about Lola Martin.
00:29:47How did you get hold of this?
00:29:50It hasn't been published yet.
00:29:51The paper's waiting for this trial to finish.
00:29:54Where did you get these copies?
00:29:55Is this the article you wrote as a result of interviewing the accused in that nightclub?
00:30:01Yes, my lord.
00:30:02This will become a separate exhibit.
00:30:04Exhibit nine.
00:30:07This was the article that was going to give Lola Martin a fair crack of the whip.
00:30:11That was going to report his views accurately with sympathy and fairness.
00:30:14It is entitled, The Sad Twilight World of Lola Martin.
00:30:21Look, don't you moralise to me, Mr. Lee.
00:30:25I give the public what they want.
00:30:28Circulation has gone up by over 80,000 per week since these articles started coming out.
00:30:33And you stand there making snide remarks about how much I get paid to write them.
00:30:37What are you implying?
00:30:38That I've exploited your precious client?
00:30:41He's paying you to defend him, isn't he?
00:30:43I mean, if I'm exploiting him by writing this, what the hell do you think you're doing?
00:30:49Defending him, Linger.
00:30:50Defending him.
00:30:51I put it to you that you obtained this interview with him under false pretenses.
00:30:55And during the course of the evening, he was handed a copy of one of the previous articles
00:30:58by the owner of the club.
00:31:00And then when he realised just what you were up to, he became distraught.
00:31:03And then he said,
00:31:05Right, you bastard.
00:31:06If you want a screaming queen, you can have one.
00:31:09I don't remember that.
00:31:10But your shorthand notebook, Linger, the one you so faithfully recorded all his remarks in,
00:31:16the one that was so invaluable to you when you were being questioned by my learned friend,
00:31:20isn't that remark in there?
00:31:22I wouldn't write something like that down.
00:31:24No, it wouldn't make a good copy, I suppose.
00:31:26No further questions.
00:31:26But you do recall that he remarked that Detective Sergeant Lent had a nice body?
00:31:33Yes.
00:31:34That the accused, talking of the officer, said,
00:31:37He wants to know, you know?
00:31:38And I won't need my electric blanket tonight.
00:31:42I think I'm on a promise with that one in the leather jacket.
00:31:45Yes, he said all that.
00:31:46And he also said, did he not, that from time to time he went cruising,
00:31:51seeking out other men in clubs and bars and in the streets to have sex with?
00:31:57Yes, that is what he said.
00:31:59Thank you very much, Mr. Linger.
00:32:01Miller?
00:32:01I have no question.
00:32:03I called Dr. Burlington.
00:32:04Would you tell the court your qualifications?
00:32:15I'm a doctor of medicine, a bachelor of science,
00:32:18a fellow of the Royal College of Physicians with a diploma in psychiatry.
00:32:21Is the accused, Lola Martin, known to you?
00:32:24Yes, I first met him some seven years ago.
00:32:26What were the circumstances of that meeting?
00:32:28He was sent to me by his local GP for treatment.
00:32:31What condition were you treating him for?
00:32:33Why, his homosexual condition.
00:32:35He was disturbed and distressed because of his perversion and required help.
00:32:39How long was he a patient of yours?
00:32:4116 months. He declined to come after that.
00:32:44Evidence has been given that you arranged for him to be interviewed by a reporter,
00:32:48Edward Linger. Is that correct?
00:32:49Yes, I thought he would make an excellent subject for an article
00:32:52and the problems of homosexuality.
00:32:54And the plan was that I should write a piece to accompany Mr. Linger's article.
00:32:58Of course, that's had to be abandoned now because of this trial.
00:33:01I see.
00:33:01Just a moment, Mrs. Forrest.
00:33:03Dr. Burlington, you've been advised that the paper will not now be carrying an article on the accused?
00:33:09That's what Mr. Linger told me, my lord.
00:33:11Did he, indeed?
00:33:13Carry on, Mrs. Forrest.
00:33:14Thank you, my lord.
00:33:15Dr. Burlington, I'd like to come to the night of September 14th.
00:33:19Did you meet the accused in a club known as Veritas?
00:33:22Yes, I did.
00:33:23In the company of the reporter, Edward Linger?
00:33:25Yes, that's right.
00:33:26Would you tell my lord and the jury your impressions and opinions of the accused during the earlier part of that interview in the club?
00:33:34I was struck by the change in Lola Martin.
00:33:37I had seen him from time to time in Forchester since he stopped coming to me for treatment,
00:33:41but only to exchange the odd greeting.
00:33:43This was the first time I'd had real conversation with him since then.
00:33:45Well, in what way had he changed?
00:33:48He'd become very exhibitionist.
00:33:50The guilt that he had been suffering from during the treatment had become masked by aggression.
00:33:56Well, that's a classic manifestation.
00:33:58He had also become a very militant homosexual.
00:34:01He displayed in his manner and his speech a promiscuous attitude that had hitherto not been there.
00:34:06During the course of the evening, he became very attracted to a young man who was sitting at the bar with a friend.
00:34:10Oh, just one moment, Doctor.
00:34:12Do you see that young man anywhere in court?
00:34:15Yes, I noticed him when I came in.
00:34:16He's sitting next to Edward Linger.
00:34:18Detective Sergeant Lent.
00:34:19Is that his name?
00:34:20I gathered later that he was a policeman, but I didn't know his name.
00:34:24You were telling, my lord, in the jury that during the course of the evening,
00:34:28the accused became very attracted to the officer.
00:34:31Do you mean sexually?
00:34:33Yes, I do.
00:34:34Lola made various remarks indicating that he would like to take the young man to bed.
00:34:37Do you recall any of them, the remarks the accused made?
00:34:40Oh, there were so many of them.
00:34:42One of them was, what a lovely piece of rough trade I must have in.
00:34:46Oh, rough trade is a homosexual term, my lord.
00:34:49It's used to define men of a particular attitude and a particular dress.
00:34:53Can you be more specific?
00:34:54Well, someone dressed as that policeman was at that night in the club.
00:34:59Black leather, masculine appearance.
00:35:01Does that help?
00:35:01Yes, the jury have seen an example of that during this trial.
00:35:05If I could now turn to this treatment you gave my client, Doctor,
00:35:20I believe that you told my learned friend that you first met Lola Martin some seven years ago.
00:35:24Yes, that's correct.
00:35:25And that you were treating him for his homosexual condition.
00:35:28Yes.
00:35:28Why?
00:35:30I beg your pardon?
00:35:31Why did he need treatment?
00:35:33He came to me for help.
00:35:35Do you consider all homosexuals should be treated?
00:35:38Homosexuality is a deviancy from the norm.
00:35:40And what is the norm, Doctor Burlington?
00:35:41Heterosexuality.
00:35:42Really?
00:35:43Yes, really.
00:35:43Who said so, Doctor Burlington?
00:35:46Look, I haven't come here to debate deviancy.
00:35:49I am accustomed to this technique of putting the expert on trial.
00:35:52Don't defend him by putting me on trial.
00:35:54Doctor Burlington, please accept the apologies of an amateur.
00:35:57I've not had the benefit of your medical education.
00:36:00I therefore feel unable to term homosexuality as a, how did you phrase it, a perversion.
00:36:05I equally feel ill-equipped to term it as deviant behaviour.
00:36:07These are terms that you, the expert, used when being examined by my learned friend.
00:36:12I want to know your source of information.
00:36:14Your right, your justification for using such terms to describe a fellow human being.
00:36:18Really, my lad, I must protest.
00:36:20And so must I, my lord, not merely at the chauvinism of this witness,
00:36:23but at the interruption of my learned friend.
00:36:25I allowed her to examine this witness without a single objection,
00:36:27despite the fact that I found her subjectivity nauseating.
00:36:31I refer, of course, to the witness, not my learned friend.
00:36:33My lord, I ask for the basic right to question this witness
00:36:36on some of the assumptions that were drawn on
00:36:38during her examination by prosecution.
00:36:40Mr. Lee, I must ask you to refrain from personal comment of that nature.
00:36:45Continue.
00:36:45About me, lad.
00:36:46Yes, Mrs. Forrest.
00:36:47Is my learned friend to be allowed to ask such questions?
00:36:50Yes, he is.
00:36:50The doctor is clearly an expert witness,
00:36:53and we are here to ascertain certain facts and certain truths.
00:36:57I'm obliged, my lord.
00:36:58Doctor, the law, in its infinite wisdom, decided some years ago
00:37:02that homosexuality between consenting persons over the age of 21 was legal.
00:37:07You have termed it perversion and deviancy.
00:37:10I want to hear you justify that assertion.
00:37:13I have no need to justify that assertion, Mr. Lee.
00:37:15It is my professional belief, based on 15 years of medical experience.
00:37:20It is also the professional belief of a great many of my colleagues.
00:37:23It is also directly the opposite view to that held by a great many members of the medical profession, is it not?
00:37:27It is generally accepted, not only in the medical profession, that homosexuality is a perversion,
00:37:33a deviation from the normal sexual behaviour pattern.
00:37:36Therefore, taking even the most conservative of estimates,
00:37:40there must be quite a number of perverts right here in this courtroom.
00:37:45Oh, I wouldn't know about that.
00:37:46No, of course not.
00:37:48You would accept that there are probably some 7 million homosexuals in this country?
00:37:53Estimates vary wildly.
00:37:54Yes, well, would you accept that we are talking, as far as homosexuality in the British Isles is concerned,
00:37:59of a number that is in millions?
00:38:01Oh, yes.
00:38:01And these are all perverts, deviants?
00:38:04Yes, in my opinion.
00:38:06Now we begin to progress, Doctor.
00:38:09In your opinion.
00:38:11I would like you to tell my lord and the jury exactly what treatment you gave Lola Martin
00:38:17when he was sent to you by his local doctor.
00:38:21Initially, he attended psychoanalytic group therapy.
00:38:24Yes, I gather a similar form of treatment is often used to treat people suffering from a neurotic illness.
00:38:30Yes, that's right.
00:38:31Now, in the group that you placed, Lola, were all the others homosexuals?
00:38:35Oh, by no means.
00:38:36So, he might well have been subjected to the prejudices and ignorance of the heterosexual group members.
00:38:42Well, that was not the intention.
00:38:44In my view, at that time, Lola Martin was neurotic.
00:38:46It was logical, therefore, to incorporate him within a group of neurotics for therapy.
00:38:49Yes, but this would, of course, confirm in his mind that homosexuality was a neurosis.
00:38:55Well, I believe that in many homosexuals it is.
00:38:58You see, prior to his treatment, Martin had been isolated.
00:39:01He'd had very little opportunity to talk over his feelings or his fears.
00:39:06Yes, I'm sure that we would all approve of that.
00:39:08But equally, there is a danger in group therapy that someone like Lola Martin would be confronted with views
00:39:14that would reinforce the belief that he held at that time that homosexuality was a deviancy.
00:39:19Well, I wouldn't call that a danger.
00:39:20I would call that a very real hopeful chance.
00:39:23When a patient comes to me in a mentally disturbed condition because he's not conforming to the norm of society,
00:39:29it's my job to help them to conform.
00:39:31Yes, but did it ever occur to you to help him adjust to his sexual inclinations,
00:39:36to accept them, to come to terms with them, to live happily with them?
00:39:40Well, I don't consider it my job to help deviants to become happy deviants.
00:39:44It's my function to help them towards normality and ensure they accept that happily.
00:39:48Well, with regard to the group therapy and taking your view of what your job is,
00:39:55were you successful?
00:39:57No, I wasn't.
00:39:58Did you try any other forms of treatment?
00:40:00Yes, I used aversion therapy in Lola Martin.
00:40:02Would you explain to my lord and the jury exactly what aversion therapy is
00:40:06and exactly how you applied it to Lola Martin, please, doctor?
00:40:09Well, the basic aim is to build up within the patient an aversion to the particular deviation that's troubling him or her.
00:40:16It's been used on alcoholics, drug addicts, compulsive gamblers, a whole range of deviations, in fact.
00:40:23But I must stress that this treatment is never compulsory.
00:40:28It's only given to patients who have volunteered for it.
00:40:30Could you tell us exactly how it was applied to Lola Martin?
00:40:33Certainly.
00:40:34In addition to his homosexual desires and feelings,
00:40:37Lola Martin evinced a decided tendency towards transvestism,
00:40:41cross-dressing, wearing women's clothes.
00:40:43I asked him to bring photographs of himself dressed as a woman to my clinic
00:40:47and photographs of men with whom he had had love affairs.
00:40:52He was given an injection of an emetic, in his case, apomorphine.
00:40:56He was then shown the photographs.
00:40:59He then vomited violently.
00:41:01The process was repeated in a number of occasions.
00:41:03It was, of course, the drug that you injected into him that caused the vomiting and not the photographs he was shown.
00:41:08Well, yes, of course.
00:41:10The basic idea is to build up in the patient's mind feelings of nausea rather than excitement at such images,
00:41:17ultimately to deflect them from their homosexual and transvestite tendencies.
00:41:20Is this form of treatment successful with Lola Martin?
00:41:22No, it wasn't.
00:41:23Did you try any other forms of aversion therapy?
00:41:25He consequently used electric shocks instead of the injections.
00:41:28Was this successful?
00:41:30He discontinued treatment before it was completed.
00:41:33Dr. Burlington, would I be right in thinking that aversion therapy,
00:41:36as a treatment for the homosexual condition, has been largely discredited?
00:41:42Discredited? In what way?
00:41:44Well, it's proved unsuccessful.
00:41:45On the contrary, there have been some remarkable successes.
00:41:49But surely there have also been some remarkable failures.
00:41:51And many patients apparently cured have lapsed to a life of homosexuality.
00:41:55Yes, well, of course, there's conflicting evidence.
00:41:57But for my part, I feel the treatment is very well worth persevering with.
00:42:00Well, would you agree that to destroy a person's homosexual sexuality
00:42:05doesn't automatically mean that you replace it with a heterosexual substitute?
00:42:10You may end up with a human being impotent and frustrated.
00:42:14Yes.
00:42:15Yes, that is true.
00:42:17But one can't stand by and do nothing when a patient comes asking for help
00:42:22and is distressed because of the aberration they're suffering from.
00:42:25You firmly believe that for Lola Martin to dress in women's clothes is an aberration?
00:42:30Are you suggesting that it's normal behaviour?
00:42:32Well, if there's any logic to your point of view,
00:42:35surely you are suffering from the same aberration, the same deviancy.
00:42:38Oh, really, my lad?
00:42:39My lord, I'm merely pointing out to the witness and to the jury.
00:42:43Would you step out of the witness box?
00:42:44Please, Doctor.
00:42:49Now, the Doctor is standing there dressed as a man.
00:42:52She's wearing a man's suit.
00:42:53Thank you, Doctor.
00:42:54Oh, really, my lad?
00:42:54That's absolutely irrelevant.
00:42:56Millions of women dress as the Doctor is dressed.
00:42:59They are not considered to be deviants or suffering from aberration.
00:43:02I believe that is precisely the point that Mr. Lee is making.
00:43:06As your lordship pleases.
00:43:08But may I ask that my learned friend wanders no further from the track?
00:43:12We are here to try the accused on two specific charges, not to examine society's views on homosexuality.
00:43:19It would seem to me that the majority of Mr. Lee's questions have specifically concerned his client, particularly the treatment that the witness gave to the accused.
00:43:29Highly relevant information, I would have thought.
00:43:31But I do agree, we do not want to wander too far abroad.
00:43:36As your lordship pleases.
00:43:37Now, Mr. Linger's article about my client.
00:43:42When you contacted Delo Martin and asked him to let this reporter conduct an interview, what did you tell him about the piece that Linger would be writing?
00:43:50I told him it would be about the transvestite homosexual.
00:43:53Yes, but did you tell him that the article would be expressing his views?
00:43:56Yes.
00:43:56That was why he was being interviewed.
00:43:59Did you tell him that the article would be fair and balanced?
00:44:02Yes, I did.
00:44:02Now, earlier you advised my lord and the jury that because of this trial, the article had been abandoned.
00:44:08That's right.
00:44:09Could the witness be shown a copy of Exhibit 9, please?
00:44:15Have you ever seen that before?
00:44:20No, I haven't.
00:44:21Now, would you, as an expert, consider that article to be a fair and balanced view of Lola Martin and his transvestite homosexual tendencies?
00:44:32No, I certainly would not.
00:44:38Do you recall a particular moment during that evening in the club when Lola Martin was handed a newspaper article by the owner of the club?
00:44:46No, I'm afraid I don't.
00:44:47Oh.
00:44:48Now, when being questioned by my learned friend, you described Lola Martin, his manner that evening, as being promiscuous in his manner and his speech.
00:44:59You also said that he was aggressive.
00:45:01I put it to you that he only began to behave in that manner towards the end of the evening.
00:45:07Certainly, his behaviour became more erratic towards the end of the evening.
00:45:10After he'd been shown a previous article written by the reporter and after he'd realised just what kind of an article was going to be written about him.
00:45:17Well, I know nothing about him having been shown any article, but certainly he became very belligerent towards Mr. Linger and myself.
00:45:24He accused us of exploiting him.
00:45:26Did he really?
00:45:27Yes.
00:45:29Paranoia is very common amongst homosexuals.
00:45:32Illusions of persecution, you mean?
00:45:34Yes, I do.
00:45:35Were you being paid by the Sunday Gazette for the contribution you were making towards that feature article?
00:45:39Yes.
00:45:41How much?
00:45:42£200.
00:45:43The homosexual industry appears to be booming.
00:45:46Doctor, have you recently returned from a lecture tour of the United States?
00:45:49Yes, I have.
00:45:50Lecturing, I believe, on homosexual and transvestite deviancy.
00:45:55That's right. I gave 15 lectures on that subject at various universities.
00:45:58Now, one newspaper report I have here, the San Francisco Post, states that you were paid $1,000 per lecture. Is that accurate?
00:46:08Yes, it is.
00:46:10And I was also paid expenses, if we're going to have an examination of my earnings.
00:46:14Presumably, the views you expounded on that lecture were similar to the views that you have aired here today.
00:46:19Yes.
00:46:20Of course, the questions the students asked me were considerably more intelligent than the questions I've been asked here today.
00:46:25In that case, Doctor, I will refrain from asking any further questions.
00:46:32Millard?
00:46:33Not wishing to demonstrate my own stupidity, Mrs. Forrest.
00:46:36I will decline the opportunity of questioning this witness.
00:46:40Now, that is my case, Millard.
00:46:42I call Leland Martin.
00:46:46Mr. Lee, I assume that your examination in chief will be a lengthy one.
00:46:50Yes, my lord.
00:46:51In that case, I will adjourn until tomorrow.
00:46:54Call for you.
00:46:54Yes, my Lord, please.
00:47:10Yes, my Lord.
00:48:22Who are you?
00:48:24Lola Martin, my lord.
00:48:26Mr. Lee, is this your client?
00:48:28Yes, my lord, it is.
00:48:29He desired that the jury should see him dressed exactly as he was on the night of his arrest.
00:48:34Seems to me extremely irregular.
00:48:36Mrs. Forrest, do you have any objections?
00:48:39Uh, I'm sorry, Millard.
00:48:41Yeah, I said, do you have any objections to the defendant being dressed in those clothes?
00:48:45With the greatest respect, my lord, I feel that whether my learned friend has or has not any objections is beside the point.
00:48:52With respect, prosecution counsel cannot decree what a defendant should or should not wear in court.
00:48:56That is a matter for you.
00:48:57Millard, I'm inclined to agree with my learned friend.
00:49:00And, of course, he may be guilty of contempt.
00:49:03Really, my lord, if one takes that view, then Dr. Burlington, who I noticed today is wearing a dress, was guilty of contempt yesterday.
00:49:14Letters proceed.
00:49:15Mr. Lee.
00:49:16With the greatest respect, my lord, my client has not yet been sworn in.
00:49:20Come along.
00:49:21What are we waiting for?
00:49:24Um, what is your religion?
00:49:27See thee.
00:49:31Is your full name Lola Martin?
00:49:34Yes, it is.
00:49:34Is Lola your official name?
00:49:37I see that you were charged under that name.
00:49:39Yes, it is, my lord.
00:49:40Thank you, Mr. Lee.
00:49:41Thank you, my lord.
00:49:42You've heard yourself described in court as a transvestite and a homosexual.
00:49:46Do you accept those descriptions as being accurate?
00:49:48Yes, I do.
00:49:49I have also heard yourself described as a deviant suffering from a sexual aberration.
00:49:54Do you accept those descriptions as being accurate of you?
00:49:56Certainly not.
00:49:58Many more than I accept most of the definitions from other experts when they attempt to explain away people like me.
00:50:04To what experts and definitions are you referring?
00:50:07There have been so many.
00:50:08According to Jung, I'm basically a heterosexual who doesn't know how to do it.
00:50:16According to Freud, I have an Oedipus complex and I want to take my mother to bed.
00:50:20Freud also feels that I'm terribly immature.
00:50:23According to the late Archbishop of Canterbury, Dr. Fisher, I'm indulging in a shameful vice,
00:50:29which is a grievous sin, and from which deliverance should be sought by any means.
00:50:33I have no wish to single out that dear Christian.
00:50:37His views are shared by the Catholic Church and most of Western Christianity.
00:50:41According to Dr. David Rubin, whose views are expressed in a book that has sold over half a million copies,
00:50:47I haunt bus stations, cinemas, car parks, public washrooms, and walk up to total strangers and without a word,
00:50:57take off their trousers and make love to them.
00:51:00According to Kraft Ebbing, I masturbated too much when I was a child.
00:51:05Havlock Ellis thinks that my dressing up in women's clothes is an aberration,
00:51:09but then he also thinks that urinating and defecating over other people is great fun.
00:51:15You see, there are so many experts, Mr. Lee.
00:51:18Yes, I do see you, Lola.
00:51:21How do you feel about the treatment Dr. Burlington gave you?
00:51:25Disgust.
00:51:26The worst thing I've ever done in my life was to agree to let that person give me so-called medical treatment.
00:51:33She exposed me to a group of neurotics,
00:51:36and when that didn't work, made me vomit again and again.
00:51:38Why did you agree to that treatment?
00:51:40Well, because I was full of guilt and fear about being a homosexual.
00:51:44It took me a long time to realize it was the guilt and fear that were unnatural, not my homosexuality.
00:51:49Do you still feel any guilt or fear?
00:51:51Certainly not.
00:51:52I'm proud I'm gay.
00:51:54I have a basic human right to be gay.
00:51:56I have choice.
00:51:57Real choice.
00:51:59I don't know about the psychological reasons or the physiological reasons.
00:52:05I don't know about the chromosome reasons, but I do know what I am.
00:52:09I am a homosexual.
00:52:11Now, feeling the way you do about Dr. Burlington,
00:52:13why did you cooperate and agree to be interviewed at the club?
00:52:16Because no matter what my personal feelings about Dr. Burlington and the kind of medical view that she represents were,
00:52:22I had a duty to speak up for the oppressed minority of which I am a member.
00:52:26You mean the homosexuals in this country?
00:52:28Yes, I do.
00:52:29Although, when you remember that it has been publicly stated that this so-called minority of which I am a member is greater in this country than the number of Jews or Roman Catholics,
00:52:41one begins to wonder whether that minority might not well be a majority.
00:52:45Certainly, if every gay person in this country was to have the courage to stand up and be counted,
00:52:51I think those who govern us and who make the laws by which we are forced to live might have a few shocks.
00:52:58But if every gay politician, every gay lawyer, every gay probation officer, train driver, surgeon, priest, minor, footballer, teacher,
00:53:07and all the rest of them would only stand up.
00:53:11Well, who knows?
00:53:13It might be the turn of the straits to be threatened.
00:53:15Now, this interview that you gave to the reporter at Verity's club, what did you talk to him about?
00:53:21I talked about the way the medical profession in this country regards homosexuality as a sickness.
00:53:28I talked about the politicians of this country,
00:53:31who have one set of laws for their so-called normals and another set for people like me.
00:53:36What do you mean another set for people like you?
00:53:39The same laws govern all our people.
00:53:41Well, I'm afraid they don't.
00:53:43If you're normal, and by normal, I mean that you go to bed with people of the opposite sex,
00:53:48then provided the person you're going to bed with consents,
00:53:52you can do it if you're 16 years of age or over.
00:53:55You can do it in Scotland and Northern Ireland.
00:53:57You can do it in the Merchant Navy.
00:53:59You can do it in any of the armed forces.
00:54:01You can advertise that you want to do it.
00:54:02If, like me, you're a homosexual, you're not allowed to do it in any of these instances.
00:54:08Although the age of consent for females is 16, the age of full legal adulthood is 18.
00:54:14The only item of legislation on the statute book where the age of 21 is retained as dividing line
00:54:19is for consenting male homosexuals.
00:54:22And that's what you were talked about when you were interviewed at Verity's club?
00:54:26Well, that, and a lot more besides.
00:54:29I talked about the oppression facing a gay person attempting to get custody of their children.
00:54:34About the way we are persecuted by the police.
00:54:37And did the reporter write all of this down?
00:54:39He certainly did.
00:54:40Kept saying it would make great copy.
00:54:42Yes.
00:54:43You've heard evidence given that during the course of the interview in the club,
00:54:47towards the end of the evening, your attitude became belligerent.
00:54:50Is that so?
00:54:51Yes, that is correct.
00:54:53Why was that?
00:54:54Why?
00:54:56Because I realised that I'd been conned.
00:54:59Ripped off.
00:55:00I beg your pardon.
00:55:02Oh, ripped off.
00:55:03Exploited, my lord.
00:55:04And in a way, that's just what that pair had done to me.
00:55:08Certainly the reporter had.
00:55:09How did you discover this?
00:55:11Well, the owner of the club, Oscar, he asked me who the guy was, Linger, the reporter.
00:55:16I told him.
00:55:17He freaked.
00:55:18And he shared me a newspaper with one of Linger's articles in it, and I freaked.
00:55:23What do you mean?
00:55:25Well, I realised that I'd been conned.
00:55:28That all Linger wanted to do was to exploit the fact that I'm gay.
00:55:31You know that sort of thing.
00:55:33Titillate while they pontificate.
00:55:35Moralise while they sensationalise.
00:55:36So, what did you do?
00:55:38I went back and gave him a mouthful.
00:55:40I told him just what I thought of him.
00:55:41I said, right, you bastard.
00:55:42If you want a screaming queen, you can have one.
00:55:44Why did you say that?
00:55:47Because I felt bitter.
00:55:49I felt cheated.
00:55:51The only way I could think to head back was the way I actually did.
00:55:54What did you actually do?
00:55:55I became what he'd come looking for.
00:55:58A raving, screaming queen.
00:56:01You know that sort of thing.
00:56:02I went rushing up to people, kissing them, and shouting all those quaint words we homosexuals
00:56:08are supposed to be obsessed with.
00:56:10I thought, if you wanted a cliché, you might as well get a good one.
00:56:13Now, you've heard evidence given that you commented on Detective Sergeant Lent.
00:56:19Do you accept that evidence as being true?
00:56:21Oh, yes.
00:56:22That's true.
00:56:22And this was part of the act you were putting on for the reporter, was it?
00:56:26Oh, no.
00:56:27That was no act.
00:56:28I fancied him.
00:56:30Did you?
00:56:31Oh, yes.
00:56:32He'd been looking at me all night.
00:56:34As far as I was concerned, he wanted to know.
00:56:36Now, you've heard that police officer's evidence.
00:56:39What do you have to say about his version of the events?
00:56:41Well, they are accurate.
00:56:43Except for the fact that he certainly did kiss me back.
00:56:46And he never showed me any police identification.
00:56:49Now, did you ask him to go back to your home?
00:56:52Of course I did.
00:56:53I thought he was gay.
00:56:55Did you hit him?
00:56:56Yes, I did.
00:56:57Right on the jaw, as hard as I could.
00:56:59Why did you do that?
00:57:01Because he grabbed me and hurt me and said something about
00:57:04I was going to go where he wanted me to go.
00:57:07Now, did you think at that moment that he was a policeman?
00:57:10I certainly did not.
00:57:12I thought he was rough trade.
00:57:14When he grabbed me, I thought the trade was a bit too rough.
00:57:18So I whacked him.
00:57:19You're quite certain in your own mind that when you spoke to him
00:57:22and you subsequently hit him, you thought he was a fellow homosexual.
00:57:26Of course I did.
00:57:28But I don't want to hide behind that by asking for compassion or kindness.
00:57:32I've come here to ask for the same justice that would be given to the straight, to the hetero.
00:57:37But I thought he was gay.
00:57:40That's why I chatted him up.
00:57:41That's why I kissed him.
00:57:43Why he kissed me back is his problem.
00:57:46Well, maybe he did make a genuine mistake.
00:57:48Maybe he thought I really was a woman.
00:57:49Well, maybe she's a closet queen.
00:57:53What is a closet queen?
00:57:55Well, it's the vast number of homosexuals in this country.
00:57:58People are afraid to stand up and say that they are homosexuals.
00:58:01I see, Mr. Lear.
00:58:05Oh, I have no further questions, my lord.
00:58:10I have no questions to ask the defendant, Milano.
00:58:13Really, Mrs. Forrest?
00:58:15No, Milano.
00:58:16In my view, he has admitted his guilt to the charges he faces
00:58:19while answering his own counsel's questions.
00:58:22Anything I would ask him would be superfluous.
00:58:31Your full name is Oscar Douglas?
00:58:35Sure is.
00:58:36Are you the owner of a club situated in Earlham Street, Forchester,
00:58:38a club named Verities?
00:58:40That's right. It's my club.
00:58:41What would you say if I told you that the night Martin was arrested,
00:58:45the police were in your club looking for drug traffickers?
00:58:48I'd say some bum and handed you a lot of bullshit.
00:58:51Mr. Douglas, you appear to have some posterior obsession.
00:58:55Would you moderate your language?
00:58:57Do you recall that particular night, please, Mr. Douglas?
00:59:04You bet I do. Never had trouble like that before.
00:59:07Now, do you recall any conversation that you had with Lola Martin before he was arrested?
00:59:11Sure, I recall warning him about that reporter he was talking to.
00:59:15Why did you warn him?
00:59:16Well, I knew the guy was two-faced.
00:59:18I'd read some of the stuff he'd written earlier for the Gazette.
00:59:21Did you tell Lola about any of that stuff?
00:59:23Right. Showed her one of the articles, too.
00:59:25A bunch of crap about some poor girl with an illegitimate kid.
00:59:30What was Lola Martin's reaction?
00:59:31He freaked.
00:59:33I heard him go back to the table and really get into that reporter.
00:59:35Did you see, and do you see now, anyone else in the court who was in the club that evening?
00:59:42Yeah, that dame over there, and the guy sitting in front of her, turned out to be a cop.
00:59:47Turned out to be a cop?
00:59:48You didn't know prior to that evening that he was a policeman?
00:59:52No, I didn't. Didn't know about his boyfriend being police, either.
00:59:56But aren't both the policemen members of the club?
00:59:58Of course they are, but they joined under assumed names. I didn't know they were police.
01:00:02Would you have still let them join if you hadn't known that they were policemen?
01:00:06Sir, I'm a realist. Of course I'd have let them join.
01:00:09You don't run a club here unless the police are happy with it.
01:00:11But if I'd known they were police, and that they were looking for drugs, I would have told them that they're wasting their time.
01:00:17Like I said, I run a clean joint.
01:00:20Now, if you were not aware that they were police officers, did you form any conclusions as to who or what they might be?
01:00:26I thought they were either gays or a cherubank trade.
01:00:29I beg your pardon?
01:00:30A cherubank trade, Your Honor. People who like to mix with gays, but who aren't gay themselves.
01:00:35Ah, rather like supporters of a football team. They don't actually play themselves, but they like to watch others who do.
01:00:43Yeah, never thought of it like that.
01:00:45Thank you, Steve.
01:00:46Thank you, my Lord.
01:00:47Now, we've heard evidence that Lola Martin used the ladies' toilet that night. You are aware, are you not, that Lola Martin is a man?
01:00:55Of course I am.
01:00:57You mean it's permissible for men to use the ladies' toilets in your club?
01:01:00If they're in drag, they use the ladies. If they're dressed as men, they use the gents.
01:01:04It's rather an unusual arrangement, surely.
01:01:07I've never had any complaints.
01:01:09I see.
01:01:10Now, were you present when Lola Martin was arrested and brought back into the main area of the club?
01:01:15Yes, I was.
01:01:16Yes. One of the leather guys, who later turned out to be a cop, had a hold of Lola, who was struggling.
01:01:21Lola let out a shout about the joint being raided. Most of the customers just started laughing. Couldn't believe it, I guess.
01:01:28Then this other guy in leather leaps up, grabs hold of Lola, and they hustle him outside.
01:01:32And that was the first indication you had that these two men were police officers?
01:01:36Certainly was.
01:01:37Mr. Douglas, thank you very much.
01:01:43This club you run...
01:01:45What about it?
01:01:46You referred to it just now as a clean joint. Is that right?
01:01:49That's right.
01:01:50Well, I put it to you that it's hardly clean. A meeting place for transvestites, for homosexuals.
01:01:55What's the matter with gays having a drinking club?
01:01:57You are here to answer my questions. I am not here to answer yours.
01:02:01Well, ask me a question that requires an answer. Not crap like that.
01:02:03Mr. Douglas, I've warned you once before, please moderate your language.
01:02:08You accept that your club is a notorious meeting place for homosexuals, do you?
01:02:13Not notorious, lady. Famous.
01:02:15You make your money out of providing a drinking club for homosexuals and other deviants. Is that right?
01:02:21That's right, lady.
01:02:23Presumably, any riffraff can join this place.
01:02:26Oh, no, ma'am. For example, I wouldn't let you join.
01:02:30Could the witness be asked to refrain from making insulting remarks?
01:02:33Mr. Douglas, Mrs. Forrest is not applying for membership.
01:02:36I must warn you that you are very close to committing contempt of court.
01:02:39Now, would you just answer the question, please?
01:02:41Thank you, my lad.
01:02:43Mr. Douglas, this club of yours, it was considered by the police to be a scene for drug trafficking
01:02:48to such an extent that they've been keeping observation on it for a number of months.
01:02:52Now, would that not suggest to you that there is no smoke without fire?
01:02:57What it suggests to me is that for reasons of their own, I don't know them.
01:03:02They figured somebody might be pushing in my place.
01:03:06What it also suggests to me is that they should go on an efficiency course.
01:03:09I've never even been busted for being open a minute after time,
01:03:12let alone for running a joint where drugs get pushed.
01:03:14No?
01:03:15Well, perhaps you content yourself with running a joint for mentally sick people and exploiting them
01:03:20by taking their money and profiting from their deviancy.
01:03:24Who are these mentally sick people, lady?
01:03:27The homosexuals that frequent your club.
01:03:30In that case, include me in.
01:03:32I'm gay too, you know.
01:03:33I have no further questions.
01:03:40When I talk of the evidence, I do not mean what Kraft Ebbing wrote about homosexuals
01:03:45or what the late Archbishop of Canterbury said of them.
01:03:48I refer to the evidence relating to the two offences with which the defendant is charged,
01:03:54namely, persistently importuning for an immoral purpose and assaulting a police officer in the execution of his duty.
01:04:02You have heard the evidence of Detective Sergeant Lent, of how the accused said to him,
01:04:08why don't you come back to my place?
01:04:10We could have a lot of fun.
01:04:11You have heard that officer testify how when he attempted to arrest the accused,
01:04:15he was hit, and hit hard, of the struggle that ensued,
01:04:19so violent as a struggle that a fellow officer was obliged to go to Sergeant Lent's aid.
01:04:23Astonishingly, you have heard the defendant confirm that evidence.
01:04:30He agrees.
01:04:32He tried to pick up the officer with a view to having sexual intercourse with him.
01:04:37He agrees that he hit him.
01:04:41You will remember that I did not cross-examine the accused.
01:04:44Well, what was the point?
01:04:44He had freely admitted his guilt while being questioned by his own counsel.
01:04:49What is his defence?
01:04:51It is.
01:04:53I thought Sergeant Lent was a homosexual.
01:04:56I did not know he was a police officer.
01:04:59Well, the fact that Lent was indeed a police officer is absolutely irrelevant in this case.
01:05:05Martin is not the first person to appear in the courts of this country
01:05:08because he did not realise that a plainclothes police officer was, in fact, a policeman.
01:05:14My learned friend may well talk to you of agent provocateur's police or their agents
01:05:20who encourage people to commit crimes they would not have otherwise committed.
01:05:25Well, in this case, as in all cases, you will take the law from my lord.
01:05:30But my view of it, based on a judgment from the Court of Appeal,
01:05:34is that agent provocateurs are necessary within our society
01:05:38and that although their role in any particular case might affect sentence,
01:05:41it does not affect the question of guilty or not guilty.
01:05:46I believe that having considered all of the evidence in this case,
01:05:50you will be left with only one conclusion,
01:05:53that the defendant is guilty on both counts.
01:05:56As for homosexuals being mentally sick,
01:06:10now that seems to me to be an echo of the view expressed by Dr. Burlington in the witness box
01:06:15when she extolled the disgusting practices of aversion therapy.
01:06:19I find it ironic that the doctor has just returned from a highly paid tour of the United States
01:06:25where she expounded her punitive views in some 15 colleges and universities.
01:06:30Ironic because in 1974, the American Psychiatric Association removed homosexuality
01:06:38from its list of psychiatric diseases.
01:06:41At least no longer consider it a newness.
01:06:43Now, my learned friend remarked that you may find Lola Martin's attire offensive.
01:06:49You may.
01:06:50But do you consider it offensive when Danny LaRue entertains us?
01:06:54Do you consider it offensive when Dick Emery or Benny Hill dress in women's clothes?
01:06:58Was society outraged when the National Theatre in 1967
01:07:02produced Shakespeare's As You Like It with an all-male cast?
01:07:06Many of them, of course, dressed as women.
01:07:08When men of the talent and reputation of Lord Olivier and Sir Alec Guinness performed as women,
01:07:16were you scandalised?
01:07:17Did you walk out of the theatres and the cinemas
01:07:20when Tony Curtis and Jack Lemmon cavorted in the movie Some Like It Hot, dressed as women?
01:07:25Do you ban your children from listening to The Who
01:07:27when they sing songs like I'm a Boy
01:07:29or stop them watching singers like Mick Jagger or David Bowie
01:07:32when they appear in women's clothes?
01:07:35Do you pick at the theatres during the pantomime season
01:07:38because of the panto dames?
01:07:41Men dressed as women?
01:07:44Verities is a club for homosexuals.
01:07:47My client is a homosexual.
01:07:49He saw that policeman dressed in a classical homosexual outfit.
01:07:53He smiled at the man who smiled back.
01:07:56He kissed the man and has sworn on oath
01:07:58that the police officer returned that kiss.
01:08:01Now, you will have formed your own opinion of Lola Martin,
01:08:04but I venture to submit that whatever that opinion,
01:08:08you will agree with me that he's an honest man.
01:08:13I contend that Lola Martin was incited to break the law by that officer.
01:08:18Now, with regard to the Court of Appeal ruling,
01:08:20that the use of agents provocateurs is acceptable,
01:08:23I would remind you that that Court ruling was made in 1974.
01:08:28It has been considerably modified since that date.
01:08:31I would refer you to two cases this year.
01:08:33In July 1976,
01:08:38at the Old Bailey,
01:08:39two men were charged with dealing in cannabis worth £14,000.
01:08:45They were acquitted after direction from the judge.
01:08:47He didn't even bother to send the jury out.
01:08:49They were acquitted by Judge Gillis
01:08:51after it became clear during the course of the trial
01:08:53that the two defendants had been tricked
01:08:55by an agent provocateur.
01:08:58In September of this year,
01:09:01a jury returned a verdict of not guilty
01:09:03in a case involving alleged importuning in a men's lavatory.
01:09:08They returned that verdict
01:09:09after the Defence Council's insistence
01:09:11that the police officer in this case
01:09:14had acted as an agent provocateur.
01:09:17Now, you may agree
01:09:18that Detective Sergeant Lent played the same role in this case.
01:09:22If you do,
01:09:23you must acquit my client on both charges.
01:09:28If you believe that Detective Sergeant Lent enticed the accused,
01:09:35if you believe that the police officer encouraged him,
01:09:38then it is your duty to acquit the defendant.
01:09:42Both counsel have expressed their views
01:09:44concerning the role of agent provocateur.
01:09:47Clearly, there is a divided divergence of opinion,
01:09:50not only between counsel,
01:09:51but also between the various law opinions that they cite.
01:09:54I direct you
01:09:56that each case must be taken
01:09:58on its own particular merits.
01:10:00There are guidelines laid down
01:10:02for police officers in this area.
01:10:05That line clearly distinguishes
01:10:06between acceptable cooperation with suspects
01:10:10and unacceptable provocation
01:10:13to commit offences.
01:10:17I leave it to you to determine
01:10:18whether the police stayed on the right side of that line
01:10:21or whether they ventured over it.
01:10:25I must ask you now to retire,
01:10:28elect the foreman,
01:10:30and consider your verdict.
01:10:32Will your foreman please stand?
01:10:38Just answer this question, yes or no.
01:10:41Have you reached a verdict
01:10:42upon which you are all agreed?
01:10:44Yes.
01:10:45On the first count of persistently importuning
01:10:47for an immoral purpose,
01:10:48do you find the defendant Lola Martin guilty
01:10:51or not guilty?
01:10:52Not guilty.
01:10:53On the second count of assaulting a police officer
01:10:55in the execution of his duty,
01:10:57do you find the defendant Lola Martin guilty
01:10:59or not guilty?
01:11:00Not guilty.
01:11:05Lola Martin,
01:11:07you have been acquitted on both counts.
01:11:10You are free to leave this court.
01:11:30You are free to leave this court.
01:11:40You are free to leave this court.
01:11:42You are free to leave this court.
01:11:43You are free to leave this court.
01:11:44You are free to leave this court.
01:11:45You are free to leave this court.
01:11:46You are free to leave this court.
01:11:47You are free to leave this court.
01:11:48You are free to leave this court.
01:11:49You are free to leave this court.
01:11:50You are free to leave this court.
01:11:51You are free to leave this court.
01:11:52You are free to leave this court.
01:11:53You are free to leave this court.
01:11:54You are free to leave this court.
01:11:55You are free to leave this court.
01:11:56You are free to leave this court.
01:11:57You are free to leave this court.
01:11:58You are free to leave this court.
01:11:59You are free to leave this court.