Noel Brown has pleaded "not guilty" to the charge of malicious wounding John Pete, a teacher, during a disturbance at Charter Field's Summer Fair in Fulchester. Caroline Blakiston (Mon Mothma in the Star Wars franchise), plays the fearsome defence counsel.
Watch out for Ricky Tomlinson (Brookside, The Royle Family) as the clerk of the court!
Watch out for Ricky Tomlinson (Brookside, The Royle Family) as the clerk of the court!
Category
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TVTranscript
00:00:00The End
00:00:30Are you guilty or not guilty?
00:00:32Not guilty!
00:00:33Order!
00:00:34Young man!
00:00:36Young man!
00:00:36Yes, you!
00:00:37Stand up.
00:00:41I have noticed already certain signs of unrest about this court,
00:00:45so I want to say this now for all to hear.
00:00:48No matter what feelings you may have about this case,
00:00:50however sincere the feelings which prompted such an outburst,
00:00:54make no mistake.
00:00:57For the duration of this hearing,
00:00:58they must remain closeted within you.
00:01:03These proceedings will be conducted with decorum
00:01:05and with due regard for the proper process of the law.
00:01:09Is that perfectly clear?
00:01:11Right.
00:01:12Now sit down,
00:01:14stay silent,
00:01:16and let us get on with it.
00:01:21Noel Arthur Alexander Brown,
00:01:23how do you say?
00:01:25Guilty or not guilty?
00:01:26Not guilty.
00:01:28Not guilty.
00:01:28The case you're about to see and the characters portrayed are fictional,
00:01:50but the procedure is legally accurate.
00:01:52The characters are played by actors,
00:01:54but the jury is selected from members of the general public.
00:01:57And with your permission, Your Honor,
00:01:59I propose calling the police witness first,
00:02:02owing to the exigencies of police work, Your Honor.
00:02:06A double booking, in fact.
00:02:07Yes, indeed, Your Honor.
00:02:09You have no objection, Mrs. Sinton?
00:02:10None at all, Your Honor.
00:02:11Carry on, Mr. Harvestrick.
00:02:12Thank you, Your Honor.
00:02:13I call Sergeant Philip Henderson.
00:02:15What is your religion?
00:02:25Church of England.
00:02:26Will you take the testament in your right hand
00:02:28and read aloud from the card?
00:02:30I swear by Almighty God,
00:02:31the evidence I shall give
00:02:32shall be the truth,
00:02:33the whole truth,
00:02:34and nothing but the truth.
00:02:37Sergeant Philip Henderson,
00:02:38PS213,
00:02:39stationed at Fulchester Central.
00:02:41May I refer to my notebook, Your Honor?
00:02:43The notes were made at the time.
00:02:44You may, Sergeant.
00:02:46Your Honor,
00:02:47if I could refer your attention
00:02:48to Exhibit 1,
00:02:50a plan of the fair.
00:02:55Now, Sergeant Henderson,
00:02:56will you take us through
00:02:58the events of the evening in question,
00:03:00the 25th of July?
00:03:02Yes, sir.
00:03:03On the night of Saturday,
00:03:05the 25th of July,
00:03:07I was on duty at the travelling fair,
00:03:09temporarily resident at Charterfields.
00:03:11The fair had been running
00:03:12for three nights,
00:03:13and I'd been on duty each night.
00:03:16There was considerable unrest
00:03:17and hostility amongst the crowd
00:03:19throughout the evening,
00:03:20mainly or exclusively
00:03:21involving gangs of youths.
00:03:23Yes, sir.
00:03:23Before you go on, Sergeant,
00:03:24can you tell us
00:03:25against whom this hostility
00:03:26was directed?
00:03:27It was mainly directed
00:03:28against the police,
00:03:29I'm afraid, sir.
00:03:31But there were some clashes
00:03:32between members of the public.
00:03:33Yes, indeed.
00:03:34Thank you, Sergeant.
00:03:35Do go on, please.
00:03:36Well, sir,
00:03:37at one point in the evening,
00:03:38a large number of the youths
00:03:40began to gather in the area
00:03:41between the bumper cars
00:03:42and the whip.
00:03:43Ah, yes, sir.
00:03:44A moment, please, Sergeant.
00:03:45That would be
00:03:46to the left of our plan.
00:03:49Ah, yes, sir.
00:03:51Go on, please.
00:03:53Well, sir,
00:03:53sir, at 20.15 hours,
00:03:558.15,
00:03:57the officer in charge
00:03:58ordered that the youth
00:03:59be dispersed.
00:04:00Was this order carried out?
00:04:01Oh, yes, sir.
00:04:02We formed a line
00:04:03of some 20 officers
00:04:04and began to do just that,
00:04:06disperse the crowd.
00:04:07It was while I was
00:04:08performing this operation
00:04:09that I came across
00:04:09Mr. Pete, sir.
00:04:11He was kneeling on the ground,
00:04:12clutching the side of his head.
00:04:15There was blood running
00:04:15down his hands
00:04:16and he was obviously
00:04:17greatly distressed.
00:04:18So as the first aid tent
00:04:19was close by,
00:04:20I took him there myself
00:04:21and then rejoined my colleagues.
00:04:22What time was it
00:04:23when you found
00:04:24Mr. Pete on the ground?
00:04:26Er, it was about
00:04:2720.30 hours, sir.
00:04:29Half past eight?
00:04:30Yes, Your Honor.
00:04:31And was it dark
00:04:32at that time?
00:04:33Oh, no, sir.
00:04:34It was a clear
00:04:34summer evening.
00:04:36Lighting up time
00:04:36wasn't until
00:04:3721.42 hours, sir.
00:04:4018 minutes to 10,
00:04:41Your Honor.
00:04:41I'm obliged.
00:04:44And when you found
00:04:45Mr. Pete, Sergeant,
00:04:46did he say anything?
00:04:48Oh, yes, sir.
00:04:49He told me he'd been
00:04:49struck in the head.
00:04:51I see.
00:04:51Did he seem
00:04:52dazed at all?
00:04:53No, sir.
00:04:54I don't think so.
00:04:55He was very angry
00:04:56and a bit shocked.
00:04:58But I would say
00:04:58he had his wits about him.
00:04:59You would?
00:05:00Oh, yes, sir.
00:05:01I see.
00:05:02And on the basis
00:05:03of the information
00:05:04that he provided,
00:05:05did you then call
00:05:05at a certain address,
00:05:07number three,
00:05:08Chanters Road,
00:05:09Fulchester,
00:05:10on Monday,
00:05:10the 27th of July
00:05:11at 5.45 p.m.
00:05:13and make an arrest?
00:05:14I did.
00:05:15And did Mr. Pete
00:05:16subsequently make
00:05:16a formal identification
00:05:18of the person
00:05:19you arrested?
00:05:20Yes, sir.
00:05:20He came along
00:05:21to Fulchester's
00:05:22central police station
00:05:22later that same evening
00:05:23and made a formal
00:05:24identification
00:05:25of his attacker.
00:05:26And who was
00:05:27the person
00:05:27formally identified
00:05:28by Mr. Pete?
00:05:30Noel Brown, sir,
00:05:31the accused.
00:05:32Thank you, Sergeant.
00:05:33No further questions,
00:05:34Your Honor.
00:05:39Sergeant,
00:05:39when you came across
00:05:42Mr. Pete
00:05:43immediately after his
00:05:44injury,
00:05:46when he had his
00:05:47wits about him,
00:05:48did you have any
00:05:49conversation with him?
00:05:51Not much, Mum.
00:05:52I think I said
00:05:53something to him like,
00:05:54what happened here
00:05:56or are you all right?
00:05:57Then he said something like,
00:05:58what do you mean all right?
00:06:00I've just been hit on the head.
00:06:01Then I took him to the tent
00:06:02as soon as possible.
00:06:03Did you say he was angry?
00:06:04Yes, Mum.
00:06:05Yes.
00:06:06Were there any other
00:06:07further words
00:06:07between you and Mr. Pete
00:06:08on the way to the tent
00:06:09or whatever?
00:06:10No, I don't think so, Mum.
00:06:11But I did leave him
00:06:12as soon as possible
00:06:13in view of the situation.
00:06:14Yes, quite.
00:06:15But at that time
00:06:16he made no mention
00:06:16of his attacker,
00:06:17said nothing about
00:06:18knowing his identity?
00:06:19No, Mum.
00:06:19Not at that time.
00:06:20So in the immediate
00:06:21aftermath,
00:06:22when he was angry
00:06:23but had his wits
00:06:25about him,
00:06:26there was no mention
00:06:27of knowing who it was?
00:06:28No, Mum.
00:06:30So Mr. Pete
00:06:31first mentioned
00:06:32that he knew his attacker
00:06:33when you saw him
00:06:33at the hospital?
00:06:34Yes.
00:06:35How long after
00:06:36the incident was that?
00:06:37Oh, it was nearly
00:06:38two hours.
00:06:39Round about
00:06:40half past ten.
00:06:42Twenty to thirty hours, Sergeant.
00:06:44That's correct,
00:06:45Your Honour.
00:06:46Some two hours
00:06:47after the event.
00:06:50Time enough
00:06:50in which to
00:06:51recollect,
00:06:53as it were.
00:06:55How did he first
00:06:55refer to the matter
00:06:56then, Sergeant?
00:06:56What did he say?
00:06:57Do you recall?
00:06:58Well, Mum,
00:06:58as far as I can recall,
00:07:00I think he came
00:07:00straight over to me
00:07:01when I got there
00:07:02and said,
00:07:03I've got the bugger
00:07:04or something like that.
00:07:05I've got the little bugger?
00:07:06No, Mum.
00:07:07No?
00:07:08He didn't say
00:07:08little, Mum.
00:07:10I apologise.
00:07:13I've got
00:07:14the bugger.
00:07:16I think we all
00:07:17have now,
00:07:18Mrs. Fenton.
00:07:19Apologise, Your Honour.
00:07:22What else did he say, Sergeant?
00:07:24Nothing much.
00:07:26He just told me
00:07:27he knew exactly
00:07:28who it was
00:07:28and then made the statement
00:07:29that led to
00:07:30the accused arrest.
00:07:31Some two hours
00:07:33after the event.
00:07:35And what about
00:07:36witnesses, Sergeant?
00:07:38That crowded fair,
00:07:39were you able
00:07:39to find any?
00:07:41Well, Mum,
00:07:41it wasn't possible
00:07:42to stop and look
00:07:43for witnesses.
00:07:43Not in the situation
00:07:44we were in.
00:07:44But one came forward
00:07:46later?
00:07:47No.
00:07:48So there weren't
00:07:49any witnesses?
00:07:51None at all?
00:07:53Just a matter
00:07:54of what Mr. Pete said,
00:07:56of his word
00:07:56against my client?
00:07:57Well, as I said
00:07:58before, Mum,
00:07:59we proceeded
00:07:59on the basis
00:08:00of 100%
00:08:01positive identification.
00:08:02Mr. Pete
00:08:03was in no doubt
00:08:03at all.
00:08:04As I said,
00:08:04one person's word
00:08:05against another.
00:08:09And when you
00:08:10interviewed my client,
00:08:11Sergeant,
00:08:12consequent upon the charge,
00:08:13did you have any
00:08:14trouble locating him?
00:08:15He was at home.
00:08:17At home?
00:08:18Not hiding
00:08:19in the cellar?
00:08:20No.
00:08:21And when you
00:08:22found him so easily,
00:08:23did he freely admit
00:08:24to being at the fair?
00:08:25Yes, he did.
00:08:27And when informed
00:08:28of the nature
00:08:28of the charge
00:08:29against him,
00:08:29what was his reaction?
00:08:31He denied being
00:08:32in any way involved.
00:08:33Was his denial
00:08:34passionate?
00:08:35Mum.
00:08:36Was he indignant?
00:08:37Was he angry
00:08:37as befits
00:08:39an innocent man?
00:08:39He was certainly
00:08:40abusive.
00:08:41Oh.
00:08:42So he was easily found,
00:08:44he freely admitted
00:08:45being present
00:08:45at the fair,
00:08:47and vehemently denied
00:08:48being in any way involved?
00:08:49Yes, Mum.
00:08:52Sergeant,
00:08:53when you were in action
00:08:54immediately prior
00:08:55to finding Mr. Pete,
00:08:56would you say
00:08:57that it was all
00:08:57very crowded
00:08:59and confused?
00:09:01Yes, Mum,
00:09:01I think I would
00:09:02have to say that.
00:09:02Perhaps making it
00:09:03difficult to see clearly?
00:09:04Possibly, yes.
00:09:05That might account
00:09:06for the lack
00:09:07of witnesses.
00:09:08Mr. Pete
00:09:09was a witness, Mum.
00:09:10Quite.
00:09:13So,
00:09:14not a single witness,
00:09:16not one,
00:09:18except, of course,
00:09:19Mr. Pete,
00:09:21who we remember
00:09:22was not able
00:09:23to identify
00:09:24my client at the time.
00:09:27You wish to re-examine,
00:09:29Mr. Harbors?
00:09:30Ah, yes, Your Honour.
00:09:31Sergeant,
00:09:32on this question
00:09:32of the delay
00:09:33in mention of the attacker,
00:09:35what were you, in fact,
00:09:36doing when you found
00:09:37Mr. Pete?
00:09:38Well, sir,
00:09:39we'd been ordered
00:09:39to disperse the crowd.
00:09:40I was involved
00:09:41in that operation.
00:09:42Did you stay long
00:09:43with Mr. Pete?
00:09:43No, sir,
00:09:44I left him as soon
00:09:44as I could,
00:09:45once he was in safe hands.
00:09:46You left him
00:09:47as soon as you could?
00:09:49I see.
00:09:49And then what did you do?
00:09:50Well, sir,
00:09:51once the situation
00:09:52at the fair
00:09:52was under control,
00:09:53I went to the hospital
00:09:54to see Mr. Pete.
00:09:55Yes.
00:09:56So, when was the subject
00:09:57of his attacker
00:09:58first raised?
00:10:00Oh, at the hospital, sir.
00:10:01There was no time
00:10:01before that.
00:10:02And was Mr. Pete
00:10:03in any doubt at all
00:10:04as to the identity
00:10:06of his attacker?
00:10:07Oh, no, sir.
00:10:08He was able
00:10:09to identify
00:10:09his attacker
00:10:10by name.
00:10:11He actually gave you
00:10:13his name
00:10:13as well as a description?
00:10:15Oh, yes, sir.
00:10:16How was he able
00:10:17to do that, Sergeant?
00:10:18Well, sir,
00:10:18Mr. Pete
00:10:19claimed to have
00:10:19known him previously
00:10:20from other meetings.
00:10:22I see.
00:10:23So,
00:10:24this two-hour delay
00:10:25notwithstanding,
00:10:27was Mr. Pete
00:10:28at any time
00:10:29in any doubt
00:10:31at all
00:10:31as to the identity
00:10:32of his attacker?
00:10:33No, sir.
00:10:34He was not.
00:10:34You are Dr. Stuart Burrow,
00:10:51a senior registrar
00:10:52at Fulchester
00:10:52General Hospital.
00:10:53I am.
00:10:54And you were on duty
00:10:55on the night of
00:10:56Saturday, July the 25th.
00:10:58No, I wasn't.
00:10:59But you were present
00:11:06in casualty.
00:11:08Yes, the resident
00:11:10nursing officer
00:11:11on that particular
00:11:12evening
00:11:12required the assistance
00:11:14of three extra doctors,
00:11:15myself included.
00:11:16And why was that?
00:11:18Because of casualty
00:11:20being extra busy.
00:11:22Because of the trouble
00:11:23at the fair.
00:11:23Yes, I see.
00:11:25And whilst assisting
00:11:25the resident
00:11:26medical officer,
00:11:27did you treat
00:11:28Mr. Pete
00:11:29in respect of
00:11:30injuries sustained
00:11:32at the fair?
00:11:33I did.
00:11:34At what time
00:11:35was that, Doctor?
00:11:36I treated Mr. Pete's
00:11:37head wound
00:11:37at about 10.30
00:11:39that evening.
00:11:40Yes.
00:11:40I should like to
00:11:41introduce photographs
00:11:42of these head wounds
00:11:43to the court,
00:11:43Your Honour,
00:11:44as exhibit two.
00:11:46Are they agreed,
00:11:47Mrs. Fenton?
00:11:47They are, Your Honour.
00:11:50Will you describe
00:11:51the wound
00:11:51in a little more detail
00:11:53then, Doctor?
00:11:53Well, the lacerations
00:11:56were in the form
00:11:57of several cuts
00:11:58or gashes.
00:12:00Close, but quite
00:12:01separate and distinct.
00:12:02Each about
00:12:03three centimetres
00:12:04in length.
00:12:05Ah, thus.
00:12:07But for the presence
00:12:08of the hair,
00:12:08they could have been
00:12:09more severe.
00:12:10Thank you, Doctor.
00:12:11Now, were these injuries
00:12:12inflicted by hand,
00:12:15would you say?
00:12:16I mean, you made
00:12:16a cloying movement
00:12:18just now.
00:12:18Or by a weapon,
00:12:19would you say?
00:12:20Oh, definitely
00:12:20by a weapon.
00:12:21And can you give
00:12:22a professional opinion
00:12:23as to the nature
00:12:24of that weapon?
00:12:26I'd rather not.
00:12:29I see.
00:12:30Well, with your
00:12:31permission, Your Honour,
00:12:31I would like to show
00:12:33the witness exhibit three.
00:12:38If I may,
00:12:39Mr. Harvesty.
00:12:40Your Honour.
00:12:41It is a kind of comb,
00:12:52is it not?
00:12:55It is indeed
00:12:56a comb, Your Honour,
00:12:57taken from the accused.
00:13:00Now, Doctor,
00:13:01if you will examine
00:13:01the exhibit,
00:13:03could Mr. Pete's
00:13:04injuries have been
00:13:05caused by such a weapon?
00:13:07Your Honour,
00:13:07this is not
00:13:09a weapon as such.
00:13:10Your Honour has only
00:13:10just now correctly
00:13:11identified it as a comb.
00:13:13It's of no moment,
00:13:14Your Honour.
00:13:15Is the comb
00:13:16submitted merely
00:13:17as belonging
00:13:18to the accused,
00:13:18Mr. Harvesty,
00:13:19or is there a submission
00:13:20that it was used
00:13:21in the actual assault?
00:13:22Prosecution readily
00:13:23admits that the comb
00:13:24entered as exhibit three
00:13:26and found in the accused's
00:13:27possession at the time
00:13:28the police officers called.
00:13:30Bore no trace
00:13:31of any foreign tissue,
00:13:32Your Honour.
00:13:33But their call
00:13:34was two days
00:13:35after the attack.
00:13:36Your Honour,
00:13:37really?
00:13:37Your Honour,
00:13:38prosecution concedes
00:13:40that the comb
00:13:41contained only fibres
00:13:42belonging to the accused,
00:13:44but that is all.
00:13:45It might have been
00:13:46the weapon.
00:13:47You can't take it
00:13:48any further than that,
00:13:49Mr. Harvesty.
00:13:49That is the position,
00:13:50Your Honour.
00:13:53So, Doctor,
00:13:55could Mr. Pete's
00:13:56injuries have been
00:13:57caused by such a comb?
00:14:00Well, yes,
00:14:02they could.
00:14:03Thank you, Doctor.
00:14:04Mrs. Fenton?
00:14:05Doctor Burrow,
00:14:06it is possible
00:14:07that Mr. Pete's
00:14:08injuries were
00:14:09self-inflicted?
00:14:11Possible,
00:14:11but unlikely.
00:14:13But possible.
00:14:16Doctor,
00:14:17we have all seen
00:14:18these photographs,
00:14:19so can you tell us
00:14:20what degree of force
00:14:21would be involved
00:14:22in such a blow?
00:14:23Oh, there would be
00:14:23considerable force.
00:14:25Considerable.
00:14:26At close range, Doctor?
00:14:27I would say so.
00:14:29Would you also say, then,
00:14:30that this was
00:14:31a savage attack?
00:14:32Yes, I would say
00:14:33that would be the case.
00:14:34Thank you, Doctor.
00:14:35No further questions,
00:14:36Your Honour.
00:14:37You may go,
00:14:38Dr. Burrow.
00:14:46Your Honour,
00:14:47I call
00:14:47John Raymond Pete.
00:14:49All right,
00:14:50here you come,
00:14:51the heavenly kindness.
00:14:52Let's hear what you say
00:14:53to say now.
00:14:54Come on,
00:14:54let's hear him.
00:14:55Come on,
00:14:55let's hear him.
00:14:57What is your religion?
00:15:09CV.
00:15:10Will you take
00:15:10the testament
00:15:10in your right hand
00:15:11and read aloud
00:15:12from the card?
00:15:14I swear by Almighty God
00:15:15the evidence I give
00:15:16shall be the truth,
00:15:17the whole truth,
00:15:17and nothing but the truth.
00:15:20Are you
00:15:21John Raymond Pete?
00:15:23I am.
00:15:24And do you live
00:15:24at 26 Shipman's Lane,
00:15:26Brockworth?
00:15:27I do.
00:15:29Mr. Pete,
00:15:29I trust by now
00:15:30you have recovered fully
00:15:31from the injuries
00:15:32you sustained?
00:15:33I have.
00:15:34Will you tell the court
00:15:35your occupation,
00:15:36then, please,
00:15:37Mr. Pete?
00:15:38I'm a teacher.
00:15:40Now,
00:15:40although you do not live
00:15:41in Fulchester,
00:15:42did you attend the fair
00:15:43which was held there,
00:15:44the Charterfields Fair,
00:15:46on the evening of Saturday,
00:15:47the 25th of July?
00:15:48I did.
00:15:49Did you go alone?
00:15:51No,
00:15:52I had arranged
00:15:52to go to the fair
00:15:53with some friends
00:15:54who live in Fulchester,
00:15:55but I was late
00:15:56and they'd gone on,
00:15:57so I went on my own
00:15:58hoping to see them there.
00:15:59But you didn't?
00:16:00No.
00:16:01What time was it
00:16:02when you arrived
00:16:03at the fair?
00:16:04Ten past,
00:16:05quarter past eight.
00:16:06And then what?
00:16:09I wandered around
00:16:10for a while,
00:16:11looking for my friends,
00:16:13just looking.
00:16:15Was it crowded?
00:16:16Very.
00:16:16Well,
00:16:18what was the atmosphere
00:16:19like,
00:16:20Mr. Pete?
00:16:20I mean,
00:16:20was it of the kind
00:16:22that you would normally
00:16:22associate with a fair?
00:16:24No,
00:16:24it wasn't.
00:16:26There was a real feeling
00:16:27of trouble in the air.
00:16:29I didn't see any
00:16:30at that time,
00:16:30but I did see him.
00:16:32Do you mean
00:16:33the accused,
00:16:33Noel Brown?
00:16:34I do.
00:16:36He didn't see me
00:16:37because he was
00:16:38somewhere away
00:16:38going the opposite direction
00:16:39with a lot of other kids.
00:16:41There were hundreds
00:16:42of kids there,
00:16:43lots of police
00:16:44everywhere you looked.
00:16:44Anyway,
00:16:46I wandered around
00:16:47for a while,
00:16:48looking for my friends.
00:16:49I didn't find them,
00:16:50but I decided to stay anyway.
00:16:53And then there was
00:16:53a kind of traffic jam
00:16:55of people in front of me,
00:16:56some kind of commotion
00:16:57I couldn't actually see
00:16:58because of the crowd
00:16:59in front of me.
00:17:00Now,
00:17:01where were you
00:17:01at this time?
00:17:02Would you indicate
00:17:03for us
00:17:03on the plan,
00:17:05please?
00:17:05somewhere between
00:17:11the whip
00:17:12and the bumper cars,
00:17:13but nearer the whip,
00:17:14a bit toward
00:17:15the edge of the fair.
00:17:15Yes,
00:17:16I see.
00:17:18Now,
00:17:18what was this commotion?
00:17:20I don't know,
00:17:22but the police
00:17:23seemed to be involved.
00:17:24I think they were
00:17:25trying to push
00:17:25the kids back.
00:17:27The area was full
00:17:28of kids,
00:17:28half on the rampage,
00:17:30half just enjoying
00:17:30themselves,
00:17:31running from the law.
00:17:32Were there just
00:17:33youths present?
00:17:34No,
00:17:34there were older people,
00:17:35family groups
00:17:36who just got caught up
00:17:37in the crush.
00:17:38There was a lot of
00:17:38pushing and shoving
00:17:39as they tried to get away,
00:17:41like trying to cross
00:17:41the road in heavy traffic.
00:17:44Anyway,
00:17:44I got pushed sideways
00:17:46by someone
00:17:47and I thought,
00:17:47right,
00:17:47that's it,
00:17:48I'm going home.
00:17:49But you didn't.
00:17:50No.
00:17:52There was another
00:17:53rush of people
00:17:54backwards,
00:17:55towards me,
00:17:56away from the police
00:17:56as they drove forward.
00:17:59And that's when
00:18:00it all changed.
00:18:02What do you mean,
00:18:03changed?
00:18:04Well,
00:18:04up till that point
00:18:05there hadn't been
00:18:05any real nastiness,
00:18:06but after that
00:18:07there was fighting
00:18:07in the crowd.
00:18:08Did you see
00:18:09the defendant again?
00:18:10Yes,
00:18:11he was some yards
00:18:11away in front of me,
00:18:12near the police.
00:18:14He seemed to be laughing
00:18:15and he had his arms
00:18:16raised above his head
00:18:16as if he'd just
00:18:17scored a goal.
00:18:20Are you in any doubt
00:18:21that it was the accused?
00:18:23No.
00:18:26Go on,
00:18:27please.
00:18:28There was another
00:18:29movement in the crowd
00:18:30so we were pushed
00:18:30closer together.
00:18:32Almost face to face.
00:18:34And that's when
00:18:34he saw me.
00:18:35How do you know
00:18:36that he saw you?
00:18:37He grinned at me.
00:18:39And he shouted
00:18:40something I couldn't
00:18:41make out.
00:18:42Did you feel that
00:18:43you were in any danger
00:18:44at that time?
00:18:45No,
00:18:46I had no idea.
00:18:47I was just stuck there.
00:18:49But a moment later
00:18:50I saw his arm move
00:18:51and I felt this
00:18:52raking,
00:18:53stabbing pain
00:18:53at the side of my head
00:18:54and I fell down.
00:18:56That's when the police
00:18:56found me.
00:18:57Lies.
00:18:58Lies.
00:18:58Silence in court!
00:19:00Silence in court!
00:19:00Silence in court!
00:19:01You've seen too many lies!
00:19:05Mr. Pete.
00:19:08Did you cause your injuries
00:19:09yourself?
00:19:12Me?
00:19:13Yes, you.
00:19:15You must be joking.
00:19:18Are you quite certain
00:19:19that it was the accused
00:19:21that you saw in front of you?
00:19:22Who aimed the blow
00:19:24that injured you?
00:19:25Yes, sir.
00:19:25I mean,
00:19:25it was very,
00:19:26very crowded.
00:19:27Yes, I am.
00:19:29Look at the accused
00:19:30before you answer,
00:19:30though, Mr. Pete.
00:19:32Yes,
00:19:33it was him.
00:19:34Now,
00:19:34will you tell the court,
00:19:35please,
00:19:36how you can be so sure?
00:19:39Because we met before.
00:19:41So you already knew
00:19:42the defendant?
00:19:43Yes.
00:19:44Did you know him well?
00:19:45I spent six weeks
00:19:46teaching at his school.
00:19:48So you knew his face?
00:19:50I'll never forget him.
00:19:52They don't all look alike,
00:19:53you know?
00:19:55So you are absolutely certain
00:19:57that it was the defendant
00:19:59who attacked you?
00:20:02Absolutely.
00:20:02No, I'm lying!
00:20:04No, I'm lying!
00:20:05No, I'm lying!
00:20:05No, I'm lying!
00:20:06No, I'm lying!
00:20:07Take that man out!
00:20:08Hey, Dad!
00:20:09Jesus Christ!
00:20:10Hey, Babylon!
00:20:11Hey, Babylon!
00:20:12Hey, Babylon!
00:20:13Leave him alone, man!
00:20:14Hey, Babylon!
00:20:15Oppressing all these children!
00:20:17Show them who you are, boy!
00:20:19Show them who you are, boy!
00:20:20Show them who you are, boy!
00:20:22The case of the Queen against Brown
00:20:40will be resumed tomorrow
00:20:41in the Crown Court.
00:20:43No, no!
00:20:43No!
00:20:58No!
00:20:58The case you're about to see is fictional,
00:21:27but the procedure is authentic.
00:21:29The characters are played by actors,
00:21:30and the jury is selected from members of the public.
00:21:33The case of the Queen against Brown continues today in the Crown Court.
00:21:37Noel Brown has pleaded not guilty to the charge of maliciously wounding John Peete,
00:21:42a teacher, during a disturbance at last summer Charterfields Fair in Forchester.
00:21:47The prosecution's principal witness, Mr. Peete,
00:21:49has given testimony suggesting that he knew Mr. Brown prior to the assault,
00:21:54and that it was this prior acquaintance which enabled him to identify Mr. Brown as his attacker.
00:22:00The case is now in its second day,
00:22:02and Mrs. Fenton, counsel for the defence, is beginning her cross-examination.
00:22:06Mr. Peete, would you say you had a tendency to over-dramatise or to exaggerate events?
00:22:21No, I wouldn't.
00:22:23You wouldn't?
00:22:27I'll never forget him.
00:22:29Yes.
00:22:30In fact, you met my client whilst he was still a schoolboy at Fultchester Manor some 18 months ago.
00:22:35That's right.
00:22:36And there you had a disagreement.
00:22:38It was more than just a disagreement.
00:22:42In your view?
00:22:44In fact, you caught him doing something wrong with another boy and you told him off.
00:22:48A routine occurrence.
00:22:49They're joking.
00:22:50I'm not joking.
00:22:51And I hope you're not.
00:22:55However, my client threatened you at the school, you say?
00:23:00I don't just say.
00:23:01He did.
00:23:02So there would be a record at the school of this serious event?
00:23:05There isn't a record.
00:23:10I'll never forget him.
00:23:12Perhaps that's true for entirely different reasons.
00:23:14Vindictive ones.
00:23:15Rubbish.
00:23:16Do you have a grudge against my client?
00:23:19No.
00:23:20Can you think of any reason why he should have attacked you at the fair?
00:23:26Because he's a bully and a thug who enjoys pushing people around.
00:23:29He saw me.
00:23:30He wanted to do it.
00:23:31And he did it.
00:23:32As simple and as terrifying as that.
00:23:36Strong words, Mr. Pete.
00:23:39Especially from someone who works with young people.
00:23:42Maybe, but that's how I see it.
00:23:44Still say you don't have a grudge against my client?
00:23:47I didn't.
00:23:48But after this, what do you expect me to think?
00:23:50Mr. Pete, I appreciate you may have strong feelings on the matter, but I must ask you just to try to answer counsel's questions.
00:23:59Not put questions of your own.
00:24:00Well, so she can have an easier job getting her client off.
00:24:02He wounded me.
00:24:03That's it as far as I'm concerned.
00:24:04There's nothing else to say.
00:24:05Nevertheless, Mr. Pete, I must ask you to observe the rules of this court.
00:24:11Do you understand?
00:24:12Yes, of course I understand.
00:24:14Mr. Pete, I realize you've undergone a terrible and distressing experience.
00:24:20Nevertheless, there are rules governing the giving of evidence.
00:24:24If you really want to help us to do justice, then you must observe those rules.
00:24:30Sure, he wounds me and I just have to say thanks very much.
00:24:32That's enough.
00:24:33I'm not going to be pushed around by her.
00:24:34Mr. Pete!
00:24:38Mrs. Fenton.
00:24:39Your Honor.
00:24:40You feel better after that little display of toughness and malice?
00:24:48Made all the difference.
00:24:49Good.
00:24:52Shall we continue then?
00:24:56Now, what about the fact that my client is black?
00:24:58What about it?
00:24:59Mr. Pete, I will not warn you again.
00:25:01It wasn't a very good question.
00:25:02Mr. Pete, I am not going to warn you again.
00:25:05Do you think you could endeavor to be a little more explicit, Mrs. Fenton?
00:25:12Your Honor.
00:25:13Mr. Pete, you referred to my client just now as a bully and thug.
00:25:16Is that because he's black?
00:25:17Half the kids I teach are black.
00:25:19Then you should be able to answer my question.
00:25:22If you're saying, do I think he's a bully and a thug just because he's black?
00:25:27No.
00:25:28They can come in all colors.
00:25:30But I do think his being black played a part in his attacking me.
00:25:33In what way?
00:25:35To do what he did, he's got to be full of bitterness and malice.
00:25:38It's not the act of a normal person.
00:25:40A lot of black kids in school are pushy and resentful of white teachers, white authority,
00:25:46and they go as far as they can in trying to defy them.
00:25:48Any teacher will tell you that.
00:25:50If you feel like that, you can hardly deal fairly with black pupils, can you?
00:25:55Is this relevant, Mrs. Fenton?
00:25:58Surely the simple issue for the jury is the one of malicious wounding,
00:26:02not the somewhat vexed issue of racial harmony.
00:26:05With respect, Your Honor, I do consider it relevant.
00:26:08In my submission, during the period of the teacher-pupil relationship,
00:26:12Mr. Pete conceived a prejudice, a bias against my client,
00:26:16which materially affected his judgment about the events on the evening of the fair.
00:26:19As to the matter of colour, that directly relates to the bias.
00:26:24Oh, very well.
00:26:28So, with the views you've just expressed, could you deal fairly with black pupils?
00:26:33I try to. I try to treat all pupils the same.
00:26:37And I'm not talking about every black kid.
00:26:40But that doesn't stop me telling the truth.
00:26:43White pupils don't take advantage?
00:26:45I've seen a white kid come to school with an iron bar to do a teacher.
00:26:48You talk as if you work in the blackboard jungle, Mr. Pete.
00:26:51I work in the same jungle as every other school teacher.
00:26:54Nevertheless, you're not prejudiced and you're not full of malice.
00:26:57You wouldn't hold a grudge against someone who defied you as a teacher.
00:27:00Can I tell you something?
00:27:02Please do, if it relates to the question.
00:27:04Teachers get all the crap, all the conflict in our society dumped on them.
00:27:11We are a racist society. There's no getting away from it.
00:27:14Why do you think it's exploding all around us?
00:27:16Well, if you're a member of that society, you can hardly escape being prejudiced too, can you?
00:27:20Yeah, I probably am, just like you. I don't see how I can avoid being affected by it if I'm honest.
00:27:24I don't think you can either.
00:27:26But I do try to deal with people as honestly and fairly as I can.
00:27:29It hardly sounds like it. It sounds like every time you see one of your pupils, you expect them to attack you.
00:27:32He wasn't a pupil when he attacked me.
00:27:34Mr. Pete, you seem overflowing with anger.
00:27:37Yeah, I probably am. I don't like being struck on the head. I can't help it. It's something to do with the way I was brought up.
00:27:46Being a teacher must be very frustrating at times.
00:27:48A lot of teachers I know get a pain in their insides when they go through the school gates.
00:27:51You included?
00:27:52Sometimes, yeah.
00:27:54Being professional when provoked or defied must be very difficult at times.
00:27:57It is.
00:27:58Indeed, one would have to be superhuman, sometimes not to bear a grudge in the circumstances you would describe.
00:28:02Look, I wasn't overflowing with fond memories of Noel Brown, but I wouldn't go so far as to knowingly fit him up.
00:28:08Well, perhaps unknowingly then.
00:28:11If it was unknowingly, I wouldn't know, would I?
00:28:17Quite.
00:28:18I merely meant that seeing him, you would have certain negative associations, certain expectations, so that when you were injured and he was near, you would inevitably think it was him.
00:28:32No.
00:28:33Well, why didn't you say so then at the time, Mr. Pete?
00:28:35Sergeant Henderson said you made no mention of Mr. Brown at the time.
00:28:40I wasn't exactly at my best then.
00:28:45But Sergeant Henderson, the police witness, said that you were in full control of your wits, had your wits about you.
00:28:52So what about it, Mr. Pete?
00:28:54If you're so sure, if you're so positive it was my client, why didn't you say so at the time?
00:28:58Why did you wait until you were at the hospital some two hours later?
00:29:01I didn't want to believe it, I suppose. It was too depressing.
00:29:05After all you've told us, I would have thought you'd be only too ready to believe it.
00:29:08Well, I wasn't.
00:29:09Or even to anticipate it.
00:29:10No.
00:29:12So there you were, completely familiar with my client, in pain, angry, in the company of a police sergeant who'd have been very glad of some information.
00:29:19You'd say absolutely nothing for several hours.
00:29:23With respect, I find it hard to understand.
00:29:26I've told you why.
00:29:28You weren't at your best then?
00:29:29That's right.
00:29:30You had seen my client prior to the attack when you first got to the fair?
00:29:36Yes.
00:29:37And were presumably reminded, if what you say is true, of all those unpleasant associations?
00:29:42I didn't feel like kissing him, no.
00:29:45In fact, you were filled with anger, weren't you? And grievance.
00:29:48No.
00:29:52If he treated you badly, as you say, you could hardly be expected to think kindly of him.
00:29:56What can I say?
00:29:57Just tell the truth.
00:30:02Did you see any other pupils, ex-pupils, while you were at the fair?
00:30:06One or two faces were familiar, yes.
00:30:08But none where such memories came flooding back?
00:30:10No.
00:30:11Surely you had a bias against my client?
00:30:15A series of negative associations before you saw him again?
00:30:18No.
00:30:20But you didn't feel like kissing him?
00:30:22No.
00:30:23Well, your feelings towards my client were hardly magnanimous.
00:30:26That doesn't affect what I saw.
00:30:29Doesn't it, Mr. Pete?
00:30:31Well, then tell us what you saw.
00:30:39For example, you say you saw my client dancing near you with his hands raised as if he'd just scored a goal shortly before you were attacked.
00:30:47Now you saw that clearly?
00:30:48Yes.
00:30:50Did he have the comb in his hand, then?
00:30:53I don't know.
00:30:55But you just said you saw him clearly?
00:30:57Yeah, I did.
00:30:58But not to the extent of seeing whether he had the comb with which you say he soon afterwards assaulted you?
00:31:03No.
00:31:05So perhaps you didn't see so clearly after all?
00:31:08Certainly the comb entered by my learned friend as an exhibit was big enough for us to see.
00:31:15But then we're not in a crowd, are we?
00:31:17Surrounded by a lot of people moving about so as to obscure our vision.
00:31:20I didn't see the comb, but I saw him.
00:31:25I see.
00:31:28After the dancing, Mr. Pete, you say he came nearer to you?
00:31:35Yes.
00:31:36Well, did he have his comb in his hand then?
00:31:39I didn't notice.
00:31:40When did you notice, Mr. Pete?
00:31:42When you were thinking about it afterwards at the hospital?
00:31:44No.
00:31:48All right, then.
00:31:49Let's go back, shall we, and try and help you.
00:31:53Either my client had the comb in his hand when you first saw him,
00:31:57did you say you didn't see?
00:31:59Or else he got it out later.
00:32:02Ah, did you see him put his hand in his pocket?
00:32:05No.
00:32:06When he came near?
00:32:07No.
00:32:08Well, what did you see then, Mr. Pete?
00:32:10I didn't see him put his hand in his pocket.
00:32:12That doesn't mean he didn't.
00:32:14Oh, I take it.
00:32:15You don't seem to have seen very much at all.
00:32:20I saw him stab me.
00:32:21Yes, well, let's for the moment.
00:32:22That's a lie, man.
00:32:23That's too much of a lie.
00:32:25If you're gonna lie like that.
00:32:27For the moment, let's stay with the things you didn't see.
00:32:32You didn't see them because they didn't happen.
00:32:35Or?
00:32:36You didn't see them because it was all very crowded and confused, which...
00:32:39I wasn't watching all the time.
00:32:40I didn't expect him to attack me.
00:32:41You didn't expect...
00:32:42But you weren't watching all the time.
00:32:44Yes, I think we would agree with you.
00:32:47Now, given that there's so much that you didn't see,
00:32:50do you still insist that it was my client who struck you?
00:32:54Yes, I do.
00:32:56Not a possibility of doubt?
00:32:58In view of what you miss?
00:32:59No.
00:33:02Tell us about the crowd then, Mr. Pete.
00:33:05Tell us about it.
00:33:10There wasn't much room, was there?
00:33:12No, there wasn't.
00:33:13So his arm movements might have been restricted.
00:33:16He might not have had as much room as he would like.
00:33:19We have to assume that he had enough room to get out the comb,
00:33:22which, of course, you never noticed.
00:33:24But what then?
00:33:28He was grinning.
00:33:29Then he moved his hand, I saw his arm move from the elbow,
00:33:32like a beak striking at my head, very quick.
00:33:35But not too quick for you to see?
00:33:37No.
00:33:38Although you didn't really actually see the comb.
00:33:41So there wasn't much room for him to move his hand,
00:33:44to move his hand.
00:33:45So he moved it very quick, like a beak.
00:33:47And around that time you were injured?
00:33:49Yes.
00:33:50And there were other people moving around, jostling about it.
00:33:51I think you said something like that earlier.
00:33:54Or what if he'd just been jostled, Mr. Pete?
00:33:57What would he do?
00:33:59Would he move his hand quickly like that,
00:34:01to try to keep his balance?
00:34:02Do you think that's the movement you saw?
00:34:03He was trying to keep his balance like everyone else?
00:34:05No.
00:34:09I suggest he made a perfectly innocent movement,
00:34:12just to stay upright.
00:34:17And because of your previous knowledge of him,
00:34:18you just assumed the rest,
00:34:20that when you were injured it was he that did it.
00:34:22No, I was struck on the head.
00:34:23Oh, I don't doubt that, Mr. Pete.
00:34:25But couldn't it have been some other stranger?
00:34:27No, it was him.
00:34:28Of course it had to be, didn't it,
00:34:29because of what you already knew?
00:34:30No, it was him!
00:34:31This is a very serious charge, Mr. Pete,
00:34:33and one that can affect my client's whole future.
00:34:35Mrs. Fenton,
00:34:38you know better than that.
00:34:44Your Honour.
00:34:49Mr. Pete,
00:34:52yours is the only eyewitness account.
00:34:56No one else in the crowd.
00:34:57Just you.
00:34:58So your responsibility is very onerous.
00:35:04Do you still insist,
00:35:06without any doubt,
00:35:08in view of the many things that we know you didn't see,
00:35:10that it was my client who attacked you?
00:35:13Yes, I do.
00:35:14And that your previous encounter in no way influenced you?
00:35:18No.
00:35:19So sure, in fact,
00:35:20that when the police found you,
00:35:21you couldn't believe it?
00:35:23In the middle of all that,
00:35:24with all that anger inside you,
00:35:26you didn't say anything?
00:35:27Wasn't like you, was it?
00:35:28Unless it occurred to you later,
00:35:30at the hospital?
00:35:31No.
00:35:32Was that when?
00:35:33Was it at the hospital?
00:35:34Was it when they were stitching you up
00:35:35that you decided to stitch up my client?
00:35:37Your Honour.
00:35:38Your Honour.
00:35:52Mr. Pete,
00:35:53why didn't you protect yourself when you saw the blow coming?
00:35:56I didn't have time.
00:35:58It was all too quick for you to see, in fact.
00:36:00No, I just didn't expect it.
00:36:01I couldn't believe it till it happened.
00:36:03So you felt rather than saw the blow?
00:36:05I didn't say that.
00:36:11Let's go back, shall we?
00:36:14To your encounter with my client at the school.
00:36:19On your first day there, in fact.
00:36:20Yes.
00:36:23At the time of that incident,
00:36:24were you in fact a teacher?
00:36:26No, I was a student.
00:36:31Oh, I see.
00:36:32A student.
00:36:35You were there as part of your training?
00:36:37It was my final year.
00:36:39So you were being assessed?
00:36:42Examined?
00:36:43With a view to assessing your suitability as a future teacher?
00:36:47Yes.
00:36:49So what happened at the school and how you taught
00:36:50and how you maintained discipline
00:36:51was of considerable importance to your future career?
00:36:56Yes, I did have to satisfy examiners, yes.
00:37:00So getting off on the right foot would be particularly important?
00:37:03If you want to look at it like that.
00:37:05You didn't want to make a good start?
00:37:07Of course I did.
00:37:10Your first day you had this encounter with my client?
00:37:14Yes.
00:37:15Little unfortunate?
00:37:17That school was full of little unfortunates.
00:37:19Could you explain that?
00:37:21It was a difficult school, that's why I went there.
00:37:22You chose a difficult school?
00:37:25It was the kind of school in which I wished to work, yes.
00:37:29We'll hear more about the sort of school it was from a different source,
00:37:32from a different witness.
00:37:35But you came out of the room and found my client outside with a comb in his hand.
00:37:40That's right.
00:37:41It could be more natural than that.
00:37:42There's more to it than that, as you know.
00:37:44Oh.
00:37:46When you first of all say that he was threatening another boy,
00:37:48and then when you rebuked him he threatened you.
00:37:51That's right.
00:37:53There's no possibility that as a student, a novice,
00:37:59you could have misinterpreted the situation, overreacted or exaggerated its importance.
00:38:03No, it was serious.
00:38:05So you would have reported it to the school authorities?
00:38:08No, I told you, I didn't.
00:38:11Indeed you didn't.
00:38:16So the fact is that once again we've only got your word for it that something happened,
00:38:20and if it did happen that it was as serious as you suggest.
00:38:23Are you sure this meeting wasn't a joke?
00:38:27My client wasn't just trying it on, you said it was that sort of a school?
00:38:30No, it was deadly serious.
00:38:32So serious in fact that you didn't even bother to report it?
00:38:36Yeah, I made a mistake there.
00:38:38I admit that, looking back I think I should have,
00:38:40it might have stopped the subsequent harassment.
00:38:42What do you mean harassment?
00:38:43He was always giving me trouble.
00:38:44But he wasn't even in your class, was he?
00:38:45No, but I saw enough of him.
00:38:47Are you sure these encounters weren't just innocent ragging?
00:38:50Schoolboy pranks of the kind that any competent teacher would have taken in his stride.
00:38:55Ragging?
00:38:57No, it was more like persecution.
00:38:59So in fact you couldn't control him?
00:39:01He didn't want to be controlled.
00:39:03But isn't that one of the most important tasks for a teacher, Mr. Pete? Control?
00:39:07Some kids would be uncontrolled.
00:39:08If you'd been near a school in the last few years you'd know that.
00:39:11I see.
00:39:13And what grade did you get for your teaching practice?
00:39:17Was it a matter of interest, a one or a two?
00:39:21No, a three.
00:39:23Oh, third grade.
00:39:26Yes, I see.
00:39:28Reason enough, one might say, to be annoyed with my client.
00:39:31Do you still insist you have no malice against him?
00:39:34No bias?
00:39:35No.
00:39:36You weren't taking your revenge?
00:39:37Must have felt like it, if what you say is true.
00:39:38You must have wanted to take it out on him.
00:39:40Maybe I did, but that doesn't alter what I saw.
00:39:42You're not taking your revenge now?
00:39:43Paying him back for your own incompetence?
00:39:45No, I'm not.
00:39:46Your Honor.
00:39:50Do you still insist there's absolutely no question of bias against my client, with all that anger inside you?
00:39:57Yes, I do.
00:39:58No possibility that you were genuinely mistaken over a fleeting moment in a crowded place?
00:40:03No.
00:40:04You're absolutely certain that not only was my client near you, but that he and no one else was the one who attacked you?
00:40:12Yes, I am.
00:40:13I see.
00:40:16One last question, Mr. Pete.
00:40:18The description you gave to the police of my client made no mention of headgear.
00:40:25Was he wearing anything on his head at the time, do you recall?
00:40:28No, he wasn't.
00:40:29You're sure?
00:40:30Yes, I am.
00:40:32With your permission, Your Honor, now that the matter of this previous encounter has been raised, I should like to take it a little further, if I may.
00:40:42I can see no victim, Mr. Harvesty.
00:40:44Thank you, Your Honor.
00:40:45Mr. Pete, when you said that Mr. Brown harassed you, what exactly did you mean?
00:40:51Whenever he got the opportunity, he disturbed whatever I was doing.
00:40:56He made stupid comments, you know.
00:40:58Even though he was not in your class?
00:41:00That didn't stop him poking his head round the door whenever he could.
00:41:03And he wasn't in fun?
00:41:05He might have thought it was funny.
00:41:06But you didn't.
00:41:09What about this incident on the first day?
00:41:12If it was so serious, why didn't you report it?
00:41:16It just didn't seem advisable.
00:41:18I didn't know who the boy was, what sort of trouble he might already be in.
00:41:23There were all sorts of complications possible.
00:41:26So I made an honest decision, if a wrong one, not to report it.
00:41:30Yes, I see. But the incident did occur?
00:41:32Oh, yes.
00:41:33Where was it, Mr. Pete, that it happened? In the school?
00:41:37I was in the English department, in the office.
00:41:39And the incident occurred in the office?
00:41:42No, I heard a banging on the door and I opened it.
00:41:45And what did you find?
00:41:47A boy pinned against it.
00:41:50Was the boy distressed by being pinned against the door?
00:41:54He was crying because another boy, an older boy, had him by the lapel of his jacket threatening him.
00:42:00I see.
00:42:02And can you tell the court the identity of this older boy, the one who was doing the threatening?
00:42:08I can.
00:42:10It was him.
00:42:11Brown.
00:42:12Now, how can you be so sure that it was the accused?
00:42:17Because he then proceeded to threaten me.
00:42:20One last question then.
00:42:22When Mr. Brown threatened you and this other boy, did he have anything in his hand, any kind of weapon?
00:42:30He did.
00:42:31Will you tell the court what that was, Mr. Pete?
00:42:35It was a comb.
00:42:37An Afro comb.
00:42:38One of those large ones.
00:42:40No further questions, Your Honour?
00:42:44The case of the Queen against Brown will be concluded tomorrow in the Crown Court.
00:43:03The.
00:44:04Mr. Pete says he is absolutely sure that it was Mr. Brown who assaulted him at the fairground.
00:44:11The defence has suggested that because of these previous encounters, Mr. Pete has a bias against the accused,
00:44:17and that his identification of Mr. Brown as his attacker is by no means as positive as he would like the court to believe.
00:44:24Mr. Brown is about to give his evidence, and at the end of today's proceedings, the jury will retire to consider their verdict.
00:44:30Your Honour, I call the defendant, Noel Brown.
00:44:36What is your religion?
00:45:02I ain't got one. I want to swear on the Bible.
00:45:09Take the testament in your right hand and read aloud the words on this card.
00:45:13I swear by Almighty God that the evidence I give shall be the truth, the whole truth, and nothing but the truth.
00:45:20Now, I want you to speak clearly and look at the jury.
00:45:34You do that?
00:45:36Yeah.
00:45:36Good.
00:45:38What's your full name?
00:45:41Noel Arthur Alexander Brown.
00:45:43A little louder, please.
00:45:46Noel Arthur Alexander Brown.
00:45:49And what is your address?
00:45:50Number three, Chanters Road, Forchester.
00:45:54How long have you lived in Forchester?
00:45:56All my life.
00:45:5718 years?
00:45:58Is right.
00:45:59You live with your mother, is that correct?
00:46:01Yeah.
00:46:03What is your occupation?
00:46:05I'm not working.
00:46:07You're unemployed?
00:46:08Is right.
00:46:09And what was your occupation when you last held employment?
00:46:14I haven't had a job, not since leaving school.
00:46:17How long ago is that?
00:46:18Nearly two years.
00:46:21You tried to find employment?
00:46:23It don't matter whether you try or not, you still can't get work.
00:46:27I see.
00:46:28Now, let's be absolutely clear about this.
00:46:31Either as a pupil or since, have you ever been in trouble with the police before?
00:46:36No.
00:46:37Never.
00:46:40Do you remember Mr. Pete from school?
00:46:43Yeah.
00:46:44I didn't know his name, but he was a student.
00:46:46We all used to muck about with him.
00:46:48I see.
00:46:49And what about the incident at the school, the one with the comb?
00:46:52Did that happen?
00:46:53Yeah, but not like he says.
00:46:55I was chasing some kid and he'd come running out shouting and yelling.
00:46:58He didn't even give us a chance to say anything.
00:47:01So you weren't threatening him?
00:47:02No, I'd never seen him before.
00:47:04It had nothing to do with him.
00:47:06Were you threatening the other boy?
00:47:08No.
00:47:09Well, I didn't really mean it.
00:47:11We was only mucking about.
00:47:13So Mr. Pete misunderstood the situation?
00:47:16Yeah, he was too busy shouting.
00:47:18Didn't give us a chance to say a word.
00:47:20You didn't threaten him?
00:47:22No.
00:47:22No.
00:47:23I'd never seen him before.
00:47:24Plus, it had nothing to do with him.
00:47:28You used the word all earlier.
00:47:30You say you remembered Mr. Pete as a student you all used to muck about with.
00:47:34Yeah, that's right.
00:47:34You mean everybody played him about, not just you?
00:47:37Yeah.
00:47:37So you weren't picking on him particularly?
00:47:39No.
00:47:40No more than anybody else.
00:47:42I had no reason to.
00:47:44You're just having a bit of fun then with a student like everybody else?
00:47:47Yeah.
00:47:47You're leading the witness.
00:47:48So after six weeks, Mr. Pete left the school.
00:47:57Did you see him again after that?
00:47:58No.
00:47:59I'd forgotten all about him.
00:48:01You didn't carry a grudge against him?
00:48:03No.
00:48:04I had no reason to.
00:48:05He never did any harm to me.
00:48:07He was only a teacher.
00:48:10So what was your reaction when the police visited you after the fair and told you what you were supposed to have done?
00:48:16I didn't know what they were talking about.
00:48:17I didn't even know Mr. Pete was by name.
00:48:20So the accusation took you completely by surprise?
00:48:22Just couldn't believe it.
00:48:24Didn't know what to say.
00:48:26Well, did you see Mr. Pete at the fair?
00:48:30No.
00:48:31Last time I seen him was when I was at school.
00:48:34Did you attack him at the fair?
00:48:36No.
00:48:37Definitely not.
00:48:40When the police first visited you, did they ask you about your comb?
00:48:45Yeah, they asked me if they could have a look at it, so I gave it to them.
00:48:48Did you hear any more about the comb?
00:48:49No, they kept it.
00:48:51So the police never suggested that the comb you had in your possession had been used as a weapon?
00:48:55Your Honour, the prosecution has accepted that there is no forensic evidence to prove that this was the weapon.
00:49:00Don't you think you've made all the mileage you can, Mrs. Fenton?
00:49:05Yes, I'm merely emphasising the point, Your Honour, that the comb yielded no trace of being involved in the attack on Mr. Pete, despite forensic examination.
00:49:14So now let's go over the events of the night of the fair.
00:49:20You do freely admit having been there?
00:49:22Yeah.
00:49:23And you've never denied that you were there?
00:49:24No, I went to the fair. Everybody goes.
00:49:27Who did you go with?
00:49:29I went with my mate, Richard Powell.
00:49:32What did you do?
00:49:33Just walked around a bit, checked the scene, talked to all my spars.
00:49:37There were plenty of people there that you knew?
00:49:39Yeah, quite a few people. All my mates.
00:49:42Then what?
00:49:43Then some fighting broke out near the bumper cars.
00:49:47Oh, where were you at the time? Could you indicate it on the plan?
00:49:56Near the whip.
00:49:56Oh, on the edge of the fair?
00:49:58Yeah.
00:49:59You weren't involved in the fighting?
00:50:01No.
00:50:02Then what happened?
00:50:05Well, some of the youths started to fight the law, so the law tried to arrest them, so the youths just fought them back.
00:50:11And you weren't involved?
00:50:12No.
00:50:12Were you still at the whip?
00:50:14No, we decided to see what was happening.
00:50:17So you were walking towards the scene of the disturbance?
00:50:20Yeah.
00:50:21There were a lot of people around when you were going towards the... take a look?
00:50:25Mm, mm. Quite a few people moving forward and quite a few people moving back.
00:50:29Yes. Go on.
00:50:29Well, the police started to push the youths back by eating them with sticks, so the youths had to move back.
00:50:36Then the police come round from the other side and started to do the same thing again, which meant that everyone was just squashed together, just pushing and shoving.
00:50:43Mm, you still weren't involved in the fighting.
00:50:45There weren't no room to fight. Everyone was just squashed together, with the police battering the ones around the edges.
00:50:51Everyone was just screaming and shouting. It was just a bad scene.
00:50:56And did you see the person you were supposed to have injured?
00:50:59No.
00:50:59Even though you were surrounded by strangers?
00:51:01No.
00:51:02Could you have been pushed near him?
00:51:06I did not see him.
00:51:07Not at any time?
00:51:08No, not all the time I was at the fair.
00:51:10I see.
00:51:12And what happened next?
00:51:13Well, police carried on pushing, people were still squashed together, and suddenly there was a bit of a room, so we'd just done a runner.
00:51:22You hadn't done anything, you say, but you did a runner. Why was that?
00:51:26Well, police arresting anybody they can get hold of. We just decided to be safe and go home.
00:51:31I see. So, from the fair, you went straight home?
00:51:34No, we stopped off at the chip shop first.
00:51:36Uh-huh.
00:51:36So, from the time you arrived at the fair until the time you were back home again, you didn't see anything of Mr. Pete?
00:51:44No. Not at all. Last time I see him was when I was at school.
00:51:49Did you wound him?
00:51:51No. Definitely not.
00:51:53When you set out for the fair that evening, were you wearing a hat?
00:52:02Yeah.
00:52:03What kind of a hat?
00:52:04A woolly one. Kind of a tan. Most of my mates are wearing them.
00:52:09That's right.
00:52:11What were the colours on the hat?
00:52:13Red, gold and green.
00:52:16So it would have been pretty distinctive.
00:52:18Yeah.
00:52:19Yes.
00:52:20Did you take the hat off at all during the course of the evening?
00:52:22No.
00:52:23Not at all?
00:52:23No.
00:52:24So anybody seeing you that evening would have seen the pretty distinctive hat?
00:52:28Well, I didn't take it off.
00:52:31One last question.
00:52:35What were you doing at the fair?
00:52:37Were you looking for trouble?
00:52:38No, man. It was the police.
00:52:41Silence!
00:52:42Silence!
00:52:46Well, Mr. Brown?
00:52:47No.
00:52:49I was not.
00:52:51But you did know there'd been trouble there on previous evenings?
00:52:54Yeah.
00:52:55And you still went?
00:52:56Yeah. I wanted to go. Check it out. See my spas. My affigo.
00:52:59What does that mean?
00:53:00It's still a free country. The police can't stop me from going.
00:53:03Yeah, I see.
00:53:04But there was no question of any violence in your mind?
00:53:07No. I just wanted to go. Check it out. For myself.
00:53:11I see. Thank you.
00:53:13Mr. Brown.
00:53:31Do you think your school cared much about you?
00:53:37I don't know.
00:53:39Well, you spent, what, five years there? You must have an opinion.
00:53:43It was all right.
00:53:44Well, did it prepare you for the outside world, would you say?
00:53:50No.
00:53:51Is that because you were black, do you think?
00:53:54School is the Babylon system.
00:53:56Yeah.
00:53:56Well, what does that mean?
00:53:59School tells lies about the world.
00:54:01That's right.
00:54:02Sucks the blood of the children.
00:54:04Everybody knows that.
00:54:06I see.
00:54:07So it didn't do much for you.
00:54:09It don't matter. School's over now.
00:54:11I've got to live in this world as a man.
00:54:13A black man.
00:54:14That's what I am.
00:54:15Now, Mr. Pete referred earlier to the fact that some black pupils resent white teachers in schools.
00:54:24Is that so in your case, in view of what you've just said?
00:54:28You're twisting it.
00:54:30Are you sure you're not the one who's twisting it, Mr. Brown?
00:54:32No.
00:54:34Well, you see, there are one or two things that are puzzling me, I have to admit.
00:54:37For example, when Mr. Pete found you at the office door and you said you were only playing, it wasn't serious.
00:54:47Do you remember that?
00:54:48Yeah, I do.
00:54:49Well, why was the other boy crying, then, if you were only playing?
00:54:53I don't remember him crying.
00:54:56Oh, I see. So Mr. Pete misunderstood that as well.
00:55:00He was too busy shouting.
00:55:01Making a lot of fuss about nothing, in fact.
00:55:04Yeah, that's right.
00:55:04It's all quite innocent, quite unimportant.
00:55:06Yeah.
00:55:07Like all your encounters with Mr. Pete?
00:55:09Yeah.
00:55:10Yes.
00:55:11Well, that leads us to the biggest puzzle of all, Mr. Brown, and one which I'm sure a lot of people must be wondering about.
00:55:18You see, if all your encounters with Mr. Pete were so minor, so trivial and unimportant,
00:55:26why is he saying that you attacked him at the fair?
00:55:28I don't know, but I didn't do it.
00:55:30Oh, so Mr. Pete must be lying.
00:55:32Of course he is.
00:55:33What about the school or the fair, or both?
00:55:35Both.
00:55:35I see.
00:55:36So he invents it all.
00:55:39All the incidents in the school didn't happen.
00:55:41And when they didn't happen, a year later at the fair, he says,
00:55:45I know.
00:55:47I don't know that boy in particular, but he's no different from anybody else.
00:55:50I'll blame this wound onto him.
00:55:52How do you explain that, Mr. Brown?
00:55:54I don't know, but I didn't attack him.
00:55:57But if you didn't do it, why does he say that you did?
00:56:00I don't know, I don't know.
00:56:01He's lying.
00:56:02Maybe he had a grudge against you, Mr. Brown.
00:56:04Yeah, maybe he did.
00:56:06Yes, if he had a grudge against you, it certainly would make it much more understandable.
00:56:10But how can he have had a grudge against you, Mr. Brown, if what you say is true?
00:56:14That all these encounters with him were trivial and unimportant?
00:56:18I don't know.
00:56:19Well, perhaps you did cheek him a bit.
00:56:22No.
00:56:23Perhaps you did threaten him with your comb.
00:56:26No.
00:56:26Look, how many more times have I got to tell you, eh?
00:56:29No.
00:56:29Well, what about these incidents afterwards, the harassment, the persecution?
00:56:34It weren't like that.
00:56:36Well, what was it like then, Mr. Brown?
00:56:38Look, he was just a teacher who used to shout a lot, right?
00:56:41So we used to play him up just for a laugh, but that was all, I swear.
00:56:45I don't know nothing about it.
00:56:47I'd forgotten all about him.
00:56:48Until you saw him again at the fair?
00:56:49I didn't see him at the fair.
00:56:51No.
00:56:52No.
00:56:53What?
00:56:53Even though you were both in the same part of the fair at the same time?
00:56:58Look, there was a lot of people at the fair.
00:57:01I didn't do that, man.
00:57:02He's lying.
00:57:04Oh, just as he was about the comb and about the harassment.
00:57:07You're twisting it.
00:57:08You're twisting it all.
00:57:10Everything.
00:57:11You took your hat off, Mr. Brown, didn't you?
00:57:12Because it was warm.
00:57:13No, I had it on.
00:57:14You had it in your pocket, didn't you?
00:57:16No.
00:57:18Mr. Brown, you were there, weren't you?
00:57:20You do admit that.
00:57:22Hopping up and down with excitement, punching the air, ready to go.
00:57:27Then you saw Mr. Peake, didn't you?
00:57:29You remembered him.
00:57:32I put it to you, Mr. Brown, you saw Mr. Peake that evening in this lawless situation with
00:57:39the police in disarray.
00:57:41You saw him and you...
00:57:43No, no, no.
00:57:43Yes, you saw him and you thought this time you would go one better.
00:57:47This time you wouldn't just threaten him, this time you would assault him.
00:57:51I put it to you that in that moment, in that crowd, with the police pushing you around,
00:57:55just like your teachers used to, you thought you would hit back.
00:57:59That was it, wasn't it?
00:58:00No, no.
00:58:00Yes, Mr. Brown, you would now teach him.
00:58:03You'd do it and you'd get away with it.
00:58:05No, that's just not true.
00:58:07Lord, er, silence in court.
00:58:12And you're the senior master at Fulchester Manor Comprehensive School, are you, Mr. Butcher?
00:58:16I am.
00:58:17You have been for the past eight years?
00:58:19I have.
00:58:20Mr. Butcher, Pete has suggested in his evidence that your school was full of little
00:58:25unfortunates and that it was a difficult school in which to teach.
00:58:30Would you care to comment on that in view of your extensive experience on the subject?
00:58:34Mr. Pete was a student.
00:58:37There is no boy we cannot handle.
00:58:39So you wouldn't say that Fulchester was a difficult school in which to teach?
00:58:42No boy we cannot handle.
00:58:46Noel Brown, Mr. Butcher, do you remember him as a pupil?
00:58:49I do.
00:58:50Not the brightest of students, perhaps.
00:58:53Pete has suggested that he was something of a thug.
00:58:56What's your reaction to that?
00:58:57Not in my experience.
00:58:58So he presented no particular or unusual problems?
00:59:02Indeed not.
00:59:03No boy we cannot handle, my lord.
00:59:04I am relieved to hear it, Mr. Butcher.
00:59:08Mrs. Fenton.
00:59:09During Pete's stay at your school, did he report to you any serious instances of misbehaviour?
00:59:16Can you recall?
00:59:16He did not.
00:59:17Would you expect a teacher to report a serious incident?
00:59:21Oh, indeed I would.
00:59:22I would regard it as his duty to the school.
00:59:25Well, did Pete mention Noel Brown's behaviour to you at all?
00:59:29No.
00:59:30Were you aware of any animosity between them?
00:59:32I was not.
00:59:33Otherwise, I would have handled it.
00:59:35You knew Noel Brown for five years as a pupil, didn't you?
00:59:41I did.
00:59:42Would you say from your knowledge of him that this attack that he is alleged to have made
00:59:47is entirely out of character?
00:59:49Oh, it came as a great shock to me.
00:59:54Mr. Butcher, Mr. Pete has also suggested in his evidence that black pupils may sometimes
01:00:00present more problems to a teacher than white.
01:00:04Is that your experience?
01:00:05Black or white, it makes no difference.
01:00:07There's no boy you cannot handle, in fact.
01:00:09But, Mr. Butcher, even as deputy head, wouldn't it be correct to say that you would not be
01:00:17aware of every instance of animosity in your school?
01:00:20Ours is a contented school, Your Honour.
01:00:22Yes, yes, yes, quite.
01:00:23But you could only deal with those incidents of which you are aware.
01:00:28I pride myself on my knowledge of what goes on in my school.
01:00:34I keep my ear very close to the ground.
01:00:35I would not wish to dispute that, Mr. Butcher.
01:00:38Indeed not.
01:00:39But with respect, surely in such a large school, just because you did not know of an incident
01:00:44does not necessarily mean it did not occur.
01:00:47I would consider it unlikely.
01:00:49But possible.
01:00:51I could only say again, there is no boy we cannot handle.
01:00:58So you were, in fact, with Noel Brown for most of the evening at the fair?
01:01:03That's right.
01:01:04Did he at any point whilst he was with you remove his hat?
01:01:07No.
01:01:09So, to your knowledge, he had his hat on the whole evening?
01:01:11Right.
01:01:13So anyone who saw Noel Brown must have also seen the hat.
01:01:16It was big enough.
01:01:20You're positive that, to your knowledge, he did not attack Mr. Pete?
01:01:24Absolutely.
01:01:25Pete's a liar.
01:01:26We didn't see him at all, not from start to finish.
01:01:28Your Honour, the witness has already admitted that he was separated from Mr. Brown during
01:01:31this crucial period, owing to the police action.
01:01:35There is testimony to this effect, Mrs. Fenton.
01:01:37Your Honour, there's no question of you covering up for your friend, is there?
01:01:42No.
01:01:43Noel never laid a finger on anybody that night.
01:01:46Not anybody.
01:01:47Your Honour.
01:01:51But those hats do come off, though, don't they, Mr. Powell?
01:01:55They can be removed without any difficulty.
01:01:58Yeah.
01:01:59Just like your wig.
01:02:00This is not an occasion for levity.
01:02:02You will answer the questions, put you in a proper manner.
01:02:07Yes, Mr. Harvestrin.
01:02:09So, Mr. Powell, it would be a simple matter to remove such a hat.
01:02:14Yeah, yeah.
01:02:14Mr. Pete has told us that he saw your friend, Noel Brown, laughing and punching his arms
01:02:23in the air as if he had scored a goal, and that that took place shortly before the attack
01:02:28on him.
01:02:29Now, even if you still insist that you saw nothing of the attack itself, did you see that?
01:02:36Do you remember that incident, at least?
01:02:38Yeah, I remember that.
01:02:39We were both laughing.
01:02:40May I ask what hat?
01:02:42Some copper.
01:02:44You were both laughing at a police officer?
01:02:47Yeah.
01:02:48He just fell over.
01:02:50I see, and you thought that was funny.
01:02:53Yeah.
01:02:54Do you normally laugh when a police officer falls over?
01:02:58No.
01:02:58No?
01:02:59So why were you laughing on this occasion?
01:03:01Because he tripped over another policeman.
01:03:03And they were both rolling on top of each other.
01:03:06And whatever view you may take of it, I must emphasize that Mr. Brown is not being pried
01:03:17for his conduct at school.
01:03:20What you must ask for, or what you must insist upon, is sufficient proof that the defendant,
01:03:27Noel Brown, did actually commit the deed of which he stands accused.
01:03:30The assault on Mr. Peet at Charterfield's Fair on the night of Saturday, the 25th of July.
01:03:40Now, to this end, the prosecution have offered you medical evidence that the injuries could
01:03:46have been caused by a particular sort of weapon.
01:03:48But they have not offered you the weapon itself.
01:03:53The comb collected from the defendant some two days after the attack yielded no evidence
01:03:58of having been used in the assault.
01:04:01You must consider that point as you must consider the point of the distinctive but easily removable
01:04:08hat and attach to them what importance you will.
01:04:15But the main plank that the prosecution have offered you is the testimony of Mr. Peet.
01:04:22I do not think you need dwell over much on Mr. Powell's evidence.
01:04:26To all intents and purposes, there are no other eyewitnesses to make your task easier.
01:04:31It is Mr. Peet alone who identified his assailant.
01:04:37And it is in this respect that I must caution you on the dangers of convicting solely on the
01:04:47basis of identification.
01:04:48You must be absolutely sure before you reach your decision.
01:04:57You must consider not only that the victim knew his alleged assailant well, but all the
01:05:05conditions prevailing at the time.
01:05:07You must consider the confusion, the light, the movement of the crowd, the general turmoil.
01:05:17Consider, too, the evidence on the delay in naming the accused and the explanations given for
01:05:29that delay.
01:05:30If, after giving due weight to all these considerations, you accept Mr. Peet's evidence so that you are
01:05:39sure, then you must find the defendant guilty.
01:05:43guilty.
01:05:44But if you accept, in any degree, the defence's contention as to the possibility of mistake or
01:05:55confusion on Mr. Peet's part, then you are obliged to find the defendant not guilty.
01:06:05So will you now please retire, elect a foreman to speak for you, and consider your verdict.
01:06:18The prisoner will stand.
01:06:23Members of the jury, will your foreman please stand.
01:06:29Have you reached the verdict on which you are all agreed?
01:06:33We have.
01:06:34Do you find the defendant, Noel Arthur Alexander Brown, guilty or not guilty of the charge of
01:06:41maliciously wounding John Raymond Peet.
01:06:45Not guilty.
01:06:47Silence.
01:06:48Silence in court.
01:06:51Yes, sir.
01:06:52Yes, sir.
01:06:53Silence in court.
01:06:54Silence.
01:06:56Silence.
01:06:58Silence.
01:07:01Silence.
01:07:04Silence.
01:07:05Silence.
01:07:06Silence.
01:07:08Silence.
01:07:09Silence.