Crown Court - Cat in Hell (1978) - video Dailymotion

Jezza

George Mitchell (Desmond McNamara) is charged that, whilst he was a serving prisoner out on licence from a prison hostel, he stole a coat and articles of jewellery from the home of Vivien and Douglas Cunningham

Transcript

00:00:00All stand.

00:00:04The case you're about to see is a fictional one, but the procedure is legally accurate.

00:00:09The characters are played by actors, but the jury is selected from members of the public.

00:00:23The prisoner will stand.

00:00:24George Arthur Mitchell.

00:00:55Not guilty.

00:00:55On the second count, it is charged that on the same date and in the same place,

00:01:00you stole an enamel and gold necklet, value £200, the property of Diane Cunningham.

00:01:06To this count, how do you plead? Are you guilty or not guilty?

00:01:09Not guilty.

00:01:10On the third count, it is charged that on the same date and in the same place,

00:01:14you stole a gold-plated cigarette lighter, value £150, the property of Richard Cunningham.

00:01:20To this count, how do you plead? Are you guilty or not guilty?

00:01:23No, not guilty.

00:01:24Not guilty.

00:01:25On the fourth count, it is charged that on the same date and in the same place,

00:01:29you did steal a man's cashmere overcoat, value £200, the property of Douglas Cunningham.

00:01:34To this count, how do you plead? Are you guilty or not guilty?

00:01:39Guilty.

00:01:40On the fifth count, you are charged...

00:01:41I'm sorry, did you say guilty to that charge, Mr Mitchell? The one of stealing the cashmere coat?

00:01:46Yeah, I did.

00:01:47And on the fifth count, it is charged that again, on the same date and in the same place,

00:01:52you stole one imitation garnet ring, value £10.

00:01:55To this count, how do you plead? Are you guilty or not guilty?

00:01:58Guilty.

00:02:00Guilty.

00:02:00Thank you. Sit down, Mr Mitchell, please.

00:02:06Summon the jurors in waiting.

00:02:37Tell the court, in your own words, what transpired.

00:02:59I was proceeding along Station Road, and there's a small corner shop about halfway along,

00:03:04to the junction of Station Road and Broadly Street.

00:03:07As I approached it, the shop door opened and a man came out.

00:03:10He shouted something abusive in the direction of the interior of the shop,

00:03:14and then slammed the door shut and started to walk away.

00:03:17I called after the man and asked him if there was any trouble,

00:03:20and if so, whether I could be of assistance to him.

00:03:22Officer, perhaps before we go any further, can you see that man in court today?

00:03:27Yes, Your Honour, the accused.

00:03:31Yes, go on then, please.

00:03:32I asked him if I could be of any assistance to him,

00:03:35and he replied with words to the effect that his opinion of the police force is a somewhat poor one,

00:03:40and he wished me to go away and mind my own business.

00:03:43I said, that's a smart coat you've got there, sir,

00:03:46referring to the overcoat that she was carrying at the time.

00:03:48Just a moment again, please, officer.

00:03:50The coat there on the table marked as Exhibit 1 may be held up for the witness to see, please.

00:03:57Is that the coat you're referring to, officer?

00:03:59Yes, ma'am.

00:04:00Well, certainly one very like it.

00:04:02I asked him where he'd obtained the overcoat,

00:04:04and he replied that he'd been given it by a friend about half an hour earlier that afternoon.

00:04:09I asked him if he could supply the name and address of the friend who'd given it to him,

00:04:12and he said, yes, Mrs. Cunningham, Millhouse, Parkside Grove,

00:04:16and you can ring her up and ask her if you like.

00:04:19I said, is there anything in the pockets of it?

00:04:22And he replied, no, like what?

00:04:26I asked him if he would have any objection to my looking in the pockets,

00:04:29and he said, no, you cannot, what for?

00:04:33After a short discussion, he handed the overcoat over to me and said,

00:04:36all right then, if you don't believe me, go ahead and look.

00:04:40In the pockets of the overcoat were a number of articles of jewellery.

00:04:44I asked him what he was doing with them in his pockets,

00:04:46and he said he knew nothing about it and had no idea how they came to be there.

00:04:50In view of his demeanor and the nature of the articles...

00:04:53Yes, just a moment, officer.

00:04:54The articles which were in the coat pockets, are they the ones also on the table there?

00:05:00Exhibit 2, a diamond and amethyst ring.

00:05:02Exhibit 3, a silver filigree bracelet.

00:05:06Exhibit 4, an enamel and gold necklet.

00:05:08Exhibit 5, a gold-plated cigarette lighter.

00:05:10And Exhibit 6, an imitation garnet ring.

00:05:14Yes, ma'am.

00:05:16I asked him if he would accompany me to the police station

00:05:18in order to make a statement about how the articles came into his possession.

00:05:26Thank you, officer.

00:05:27Thank you, officer.

00:05:32Um, do you wish to cross-examine this witness, Mr. Ben-Draheri?

00:05:40Oh, if your honour pleases, yes, sir.

00:05:43Well, yes, if you please, Mr. Ben-Draheri.

00:05:46Yes, sir.

00:05:48Officer, is station road normally part of your beat?

00:05:52It comes within my beats when I'm in that area on my beat, yes.

00:05:55When was the last time you'd been along it?

00:05:58On the day in question, do you mean?

00:05:59Well, I'd only been on duty...

00:06:00No, no, ever, whenever it might have been.

00:06:02Beforehand, at some other time.

00:06:05Sorry, I don't recall. I can't remember.

00:06:07Some considerable time before?

00:06:09Weeks, maybe months even, perhaps?

00:06:11Yes.

00:06:12Yes, it could have been. I suppose so, perhaps.

00:06:14You see, what it is I'm suggesting to you, officer,

00:06:16is that station road is not by any means well-known as a troublesome place.

00:06:20So, was there a particular reason for you to be in station road

00:06:24at 3 o'clock on this particular Sunday afternoon?

00:06:26I was in station road at 3 p.m. on that particular Sunday afternoon

00:06:30because it was my responsibility as beat patrolling officer

00:06:33to be on my beat and patrolling some or other part of it

00:06:36at all times during my shift of duty.

00:06:37Is it your answer, please, that there was no particular reason

00:06:40for you to be in that particular place at that particular time

00:06:44on that particular day?

00:06:45Yes, that is correct.

00:06:46Officer, I have over here a copy of an extract from the occurrence book

00:06:55of Cannon Close Police Station for the afternoon, Sunday, September 25th, last year.

00:07:00It records that at 2.58 p.m. an anonymous telephone call was received

00:07:05from a coin box stating that a number of men were behaving suspiciously in station road.

00:07:09That message was passed on by radio to the beat patrol officer

00:07:14who was, of course, yourself.

00:07:17Do you remember receiving that call on your radio?

00:07:19Yes, yes, no, you come to mention it, I do.

00:07:21To be quite honest, it slipped my memory that it was on the same day.

00:07:25As you say it, it slipped your memory, but you do now recall it.

00:07:29So, and then when you went to station road,

00:07:31did you see those men who were behaving suspiciously?

00:07:34No, I did not.

00:07:34They'd gone by the time I got there.

00:07:36Tell me, please, how do you know that?

00:07:39Well, obviously, because they weren't there.

00:07:41If they were not there, then how do you know they'd been there in the first place?

00:07:44Well, that's what I presume would happen, naturally.

00:07:47Officer, I'm making it plain to you, I hope,

00:07:49that what I am suggesting to you is that

00:07:52the anonymous call from the coin box to the police station

00:07:55was to make it sure that a policeman would be in the station road

00:07:58at the same time as the accused was in it.

00:08:01I wouldn't say that.

00:08:03You mean you couldn't say that, officer?

00:08:06Well, not possibly, how could you?

00:08:08You have made your point, Mr. Vendroheri,

00:08:12but, of course, obviously the officer cannot be asked

00:08:15to express an opinion one way or the other about it,

00:08:18as I'm sure you know.

00:08:19No, of course, Your Honor, nor did I ask him to.

00:08:23Officer, you know the accused.

00:08:25George Mitchell by sight, do you not?

00:08:27I do know him, yes.

00:08:29Your Honor, it is no part of the defence's intention

00:08:32to conceal the fact that the accused has a criminal record.

00:08:35I think it will make it easier

00:08:37to understand certain things for members of the jury

00:08:39if this matter was to be made quite clear at this point.

00:08:42Yes, well, if you feel it's right to do so, Mr. Vendroheri,

00:08:45I'm sure this is something that you and your client

00:08:48have gone into very seriously.

00:08:51So, as we are saying, officer, you know the accused by sight.

00:08:54You were well aware that he was, in fact, a prisoner on parole

00:08:58serving a sentence in Fulchester Prison.

00:09:02So when you saw him in the station road,

00:09:04you knew who he was and what he was.

00:09:06Is that not correct?

00:09:07At first, I was not absolutely sure that it was the same person.

00:09:10But if you were in any doubt, he had in his jacket pocket,

00:09:12and he showed you at once, did he not,

00:09:14the licence from the prison hostel,

00:09:15saying he had permission to be out that day.

00:09:17I believe he did show me such a piece of paper from the prison, yes.

00:09:20Officer, what reason did you have when you saw the accused come out of the shop

00:09:24to call him back to you and search him?

00:09:26Merely his general demeanor.

00:09:28A man coming out of a small corner grocer's shop

00:09:31on a Sunday afternoon in a quiet road.

00:09:34Why, what is so suspicious about that, please?

00:09:37Well, for one thing, he shouted over his shoulder

00:09:41at the shopkeeper as he came out.

00:09:42And that was sufficient for you to go after him,

00:09:45to stop him, and later to search him?

00:09:48I considered it to be so, yes.

00:09:50What was it then he shouted out that made you do that?

00:09:56Enoch is right.

00:09:57All you bloody wogs should go back to where you came from.

00:10:00Will you tell the court your full name and address?

00:10:18Richard Edward Stephen Moffat Cunningham.

00:10:21My address is...

00:10:22I'm sorry, do you want my permanent address?

00:10:24Oh, please.

00:10:25My permanent address, I live with my parents,

00:10:27is Millhouse, Parkside Grove, Fulchester.

00:10:30And what is your occupation?

00:10:32I am a soldier.

00:10:33With the rank of lieutenant, I believe.

00:10:35Yes, ma'am.

00:10:36The 3rd Regiment of the Royal Engineers.

00:10:38And you will, in fact, be flying back

00:10:40and rejoining your unit in the British Army

00:10:42on the Rhine tonight, will you not?

00:10:43Yes, ma'am.

00:10:44If that's possible, please, yes.

00:10:45Yes, I hope your honour will not object.

00:10:47That is why I'm taking this witness first, even though...

00:10:50Oh, certainly.

00:10:51Of course, Miss Travis.

00:10:53Thank you, your honour.

00:10:54Lieutenant Cunningham, you were at home on leave

00:10:58on the weekend of Sunday, September the 25th last year.

00:11:02Yes, I was.

00:11:03Well, actually, I was staying up in town with a couple of friends

00:11:06and I sort of popped home for Sunday lunch.

00:11:08And who else was present at your home that day?

00:11:11No one.

00:11:12Well, there was my mother and father,

00:11:14myself and George, Mr. Mitchell.

00:11:17Mr. Mitchell.

00:11:19Had you met him at your home before?

00:11:20Oh, yes, lots of times.

00:11:22We used to say he was almost one of the family.

00:11:26Now, the defence has already raised this subject,

00:11:28so you've no need to worry about speaking of it.

00:11:31Lieutenant, did you know that he had a criminal record?

00:11:34Oh, yes.

00:11:36Now, did something particular transpire during lunch that day

00:11:39or rather soon after it?

00:11:41You mean about the cigarette lighter?

00:11:44Something particular transpired about that, did it?

00:11:47Well, it all began with my father, I suppose.

00:11:49He sometimes likes to have a cigar after Sunday lunch

00:11:52and he went to the mantelpiece box to get one out

00:11:55and then was fumbling in his pockets for some matches, I suppose.

00:12:00So I thought this was just the opportunity

00:12:02to show off this new gold lighter this girl had given me.

00:12:05Well, I'd met her at a party the week before.

00:12:08So I took it out with a bit of a flourish and lit it for him.

00:12:11Yes. Well, what happened then?

00:12:14Well, there was a sort of laugh in a spot of leg-pulling

00:12:17from Father and George

00:12:18about the sort of wealthy young ladies I must mix with.

00:12:22And then, er, I don't remember seeing it again.

00:12:26Well, I'm sure you don't mean that you put it in your pocket

00:12:28and perhaps it slipped through the...

00:12:30Oh, no, I'm afraid I'm not being awfully clear.

00:12:33Now, what I mean is I don't remember seeing it after George...

00:12:36I'm sorry, after Mr. Mitchell had it.

00:12:38He had it? Mr. Mitchell, the accused, had it?

00:12:42Well, only to look at.

00:12:44I handed it to him to see and, er...

00:12:46No, rather, Father did.

00:12:48And then he gave it back to me.

00:12:50And, er...

00:12:51Well, I suppose I must have put it down

00:12:53on one of the coffee tables or something.

00:12:56All I know is that, er,

00:12:57when my father and I were out on the Princess

00:12:59a couple of hours later

00:13:00and he asked me for a light for the kettle,

00:13:02it wasn't in any of my pockets

00:13:03and I certainly didn't have it then.

00:13:05I beg your pardon, um...

00:13:07On what, Lieutenant Cunningham?

00:13:10I'm sorry?

00:13:10You said, on the Princess.

00:13:12Oh, for the Princess Jasmine, it's a boat.

00:13:14Well, a sort of motor yacht thing we keep down at the marina.

00:13:17Ah, yes, I see. Thank you.

00:13:18My father and I, er,

00:13:20went out for a little potter around the estuary

00:13:22for a couple of hours to get some sea air

00:13:23before I had to go back to town.

00:13:25And it was then, when you were on the boat,

00:13:28that it became apparent to you

00:13:29that you no longer had the lighter?

00:13:31Yes, er, my father said not to worry,

00:13:33he'd look after it until I got...

00:13:35came home again.

00:13:36So, as far as I was concerned,

00:13:38I never gave it another thought.

00:13:39May he be shown Exhibit 5?

00:13:46Is that your cigarette lighter?

00:13:48Yes.

00:13:49Thank you, Lieutenant.

00:13:50Excuse me, er, may I say something?

00:13:52No, thank you, Lieutenant.

00:13:54Not unless it's in answer to a question

00:13:56and I have no more questions that I want to put to you.

00:13:59Lieutenant Cunningham,

00:14:03whose idea was it that you should come to give evidence?

00:14:06How do you mean, whose idea was it?

00:14:08It was mine.

00:14:10Would it not have been simpler for you

00:14:11to have excused yourself on the grounds of your military duties

00:14:14without all the trouble to fly here from Germany?

00:14:17Well, you know, a family, a united family and all that.

00:14:21Father said we should all rally around.

00:14:23Oh, I see. It was your father's idea. Thank you.

00:14:26Well, I jolly well wouldn't have come if I didn't agree with him.

00:14:28I can tell you that.

00:14:31Lieutenant Cunningham, do you smoke?

00:14:34No, actually, I don't, no.

00:14:36So the cigarette lighter was no use to you?

00:14:38What were you going to do with it?

00:14:40Well, after then, I hadn't really thought about it, to be honest.

00:14:44Give it to Oxfam or something, I suppose.

00:14:46Lieutenant Cunningham, I'm going to suggest to you

00:14:48that you said to the accused, George Mitchell, something like,

00:14:51why don't you keep it, George?

00:14:52It's more use to you than it is to me.

00:14:54Now, look here, you don't honestly and seriously...

00:14:56One moment, Lieutenant.

00:14:57I'm not suggesting that you gave the lighter to Mr. Mitchell.

00:15:01What it is I'm suggesting to you

00:15:02is that you said something like this is a joke,

00:15:04but that he nevertheless refused it

00:15:07and said that the proper thing to do

00:15:09was for you to give it back to the young lady

00:15:11and say to her, you did not smoke.

00:15:14Do you remember this?

00:15:16Unhappily, I'm afraid I don't, no.

00:15:19I must be absolutely honest and truthful about this.

00:15:22We'd had a fair old drop of the old vino with lunch

00:15:25and I couldn't truthfully swear to the actual wording and things.

00:15:30Ah, so the fact is,

00:15:32you have no idea at all as to what happened to the lighter.

00:15:36Yes, I suppose that's about it, actually, yes.

00:15:40You see, that's what I can't get over about the whole thing,

00:15:42which is what I wanted to say before.

00:15:45What was that, Lieutenant?

00:15:46Well, look, George, Mr. Mitchell,

00:15:49knew that if he was up against it, short of a couple of hundred,

00:15:53he'd only have to come to me and I'd help him out.

00:15:55He didn't need to pinch things from us.

00:15:58Honestly, George, you knew that, surely, didn't you?

00:15:59I'm here.

00:16:03I'm awfully sorry.

00:16:05No, no, please.

00:16:06Thank you, Lieutenant.

00:16:07Miss Travers, do you want to re-examine your witness?

00:16:10No, thank you, Your Honor.

00:16:12Well, thank you, Lieutenant Cunningham.

00:16:14And may I express to you the court's appreciation

00:16:16for the trouble you've taken in coming here today for this case?

00:16:19Not at all, sir.

00:16:19You're, of course, now free to leave the court

00:16:22and rejoin your unit.

00:16:23Thank you, sir.

00:16:24I call Mrs. Vivian Cunningham.

00:16:30Vivian Cunningham, please.

00:16:37Good luck.

00:16:38And you are what is called a voluntary associate, Mrs. Cunningham, is that correct?

00:16:49Yes.

00:16:50Will you tell the court what that is exactly, what it means?

00:16:53Well, it's something like a prison visitor, you could say.

00:16:57Only working with offenders when they're outside prison

00:17:00rather than when they're still inside.

00:17:02You mean helping with their aftercare and so on?

00:17:05Well, trying to.

00:17:07Mainly just by being a friend who'll help them in finding a job,

00:17:10somewhere to live and so on.

00:17:11And how long have you been doing it?

00:17:14Oh, I suppose for six, no more, probably eight years by now.

00:17:19And how many ex-prisoners have you helped in that time?

00:17:23Well, I don't know that I've helped all that many at all, really.

00:17:27Most of the effort has to come from the person themselves.

00:17:30Well, how many people have you been involved in working with, then,

00:17:33shall we say, over that time?

00:17:36Over the whole period, I suppose, something like a total of 20...

00:17:4124 men and, say, seven or eight women.

00:17:44And have you ever...

00:17:45Oh, I'm so sorry.

00:17:48What I was going to say was that

00:17:50I think it gives rather a misleading impression

00:17:53to talk of my work as though it meant a series of short-term involvements.

00:17:58You may get to know someone,

00:18:01help them find a job, somewhere to live,

00:18:03and then something goes wrong

00:18:05and for one reason or another,

00:18:07they get into trouble once more

00:18:08and soon they find themselves back in prison.

00:18:12But if you've managed to establish

00:18:14some degree of mutual contact,

00:18:18you keep in touch with them while they're in prison

00:18:20with letters and visits

00:18:21and then when they come out, you try again.

00:18:25And this time, you might be more successful.

00:18:28What I'm trying to say

00:18:31is that you try to look on it

00:18:33as a continuing relationship.

00:18:35And how long have you been a voluntary associate

00:18:37to Mr. Mitchell?

00:18:40I was first put in touch with him

00:18:42by a probation officer

00:18:43which must be about four years ago now.

00:18:47She said she was worried about him

00:18:49while he was in prison

00:18:50because there'd been a degree

00:18:52of some domestic trouble.

00:18:54His wife had left him

00:18:56and gone to live with her mother

00:18:58taking their two toddlers.

00:19:00As a result, this left him with nowhere to live

00:19:04and nothing to go straight for,

00:19:07nothing to want to keep straight for.

00:19:10And so you took him on, as it were?

00:19:12I visited him a couple of times

00:19:14and he agreed to give it a try.

00:19:16So what actually happened when he came out?

00:19:18I have a friend who gave him a room

00:19:22at a nominal rent to begin with

00:19:24and my husband was also able

00:19:27to put him in touch

00:19:27with someone in the shop-fitting business

00:19:29and he gave him a job.

00:19:32Mr. Mitchell worked hard

00:19:35and was very reliable.

00:19:38He did some work for us at our home

00:19:40and for one or two friends of mine

00:19:42designing, building patios, whatever.

00:19:46And in a short while

00:19:47he'd got together sufficient money

00:19:48to get himself a very nice, large, unfurnished flat.

00:19:53And in about six months

00:19:55he and his wife and children were reunited

00:19:57and they came back to live with him again.

00:19:59But then things began to go wrong again.

00:20:03Yes, I'm afraid they did.

00:20:05After only another very few months

00:20:07his wife once again returned

00:20:10to live with her mother

00:20:11and he very quickly went downhill.

00:20:14took up with another lady briefly, I believe.

00:20:19But he was soon back in prison.

00:20:20But you kept in touch with him?

00:20:23Oh, yes, I did.

00:20:25Throughout the whole of his present sentence,

00:20:27which...

00:20:28I don't know if I should...

00:20:29Oh, yes, you can speak quite freely, Mrs. Cunningham.

00:20:32He's now nearing the end of his sentence

00:20:34and at the time this incident occurred

00:20:38I think he had only about another six months to serve.

00:20:41This particular Sunday, which concerns us,

00:20:43the 25th of September last year,

00:20:46the day Mr. Mitchell came to lunch.

00:20:49Now, will you tell the court, Mrs. Cunningham,

00:20:50in your own words,

00:20:51what happened on that day?

00:20:53I would like to be.

00:20:57I'm going to be absolutely straightforward about this.

00:21:01So I must say at once

00:21:03that my recollections are in some ways rather vague.

00:21:06My son in the army had come to visit us for the day.

00:21:10I had one, possibly two, sherries before lunch

00:21:15and he had bought us a couple of bottles of wine over from Germany.

00:21:19I myself only had half a glassful

00:21:22because I am and have been for some time

00:21:25on a course of drugs from my doctor

00:21:26which had the effect that, well,

00:21:29the least alcohol makes me quickly really rather drowsy.

00:21:34When the meal was over, I'd served coffee,

00:21:38I went upstairs, having excused myself

00:21:40and lay down for about an hour or so.

00:21:42I'd just like to have this made completely plain, Mrs. Cunningham.

00:21:46Were you under the influence of drink, are you saying?

00:21:49Oh, no.

00:21:51And what else do you recollect?

00:21:54Very little, I'm afraid.

00:21:57I dozed.

00:21:58I think I must have for about an hour.

00:22:01When I got up again, there was no one at all in the house.

00:22:04I presumed the three men had gone off,

00:22:07as they'd been talking of doing, down to the boat.

00:22:09Now, Mrs. Cunningham, these articles of jewellery,

00:22:12when did you last see them?

00:22:13Where were they kept?

00:22:15The diamond and amethyst ring

00:22:18and the silver filigree bracelet

00:22:20were on my dressing table.

00:22:22I'd been wearing them the night before

00:22:24when we went to some friends for supper.

00:22:27My daughter's gold and enamel necklet,

00:22:30I think that was in her room.

00:22:33Or what used to be her room.

00:22:37She's left home now.

00:22:39It could have been anywhere there.

00:22:42She was always rather untidy, I'm afraid.

00:22:44And the accused, was he at times alone,

00:22:47on his own, during that lunchtime?

00:22:49Would he have had the opportunity to take them?

00:22:53Oh, yes.

00:22:53Yeah, and a garnet ring.

00:22:54Ask her about that.

00:22:55Be quiet, please.

00:22:57Mr. Mitchell, you really mustn't interrupt.

00:22:59Your turn will come in due course.

00:23:01Please be silent until then.

00:23:03So, Mrs. Cunningham,

00:23:04when you later discovered that the accused

00:23:06had been arrested in a street by a policeman

00:23:09and taken to the police station,

00:23:11and that the articles were discovered in his possession,

00:23:14were you surprised?

00:23:16Amazed.

00:23:16Horrified.

00:23:21I suppose the most exact word I could use would be...

00:23:25stunned.

00:23:27Thank you, Mrs. Cunningham.

00:23:31Mr. Vandrehary.

00:23:34Sir, I...

00:23:35Mrs. Cunningham,

00:23:39for some time, you and the accused were lovers, were you not?

00:23:44I beg your pardon?

00:23:45What on earth do you mean?

00:23:47It is quite clear, is it not?

00:23:50You and he

00:23:51frequently had, whenever suitable opportunities presented themselves,

00:23:56regular sexual intercourse.

00:23:58Is that not so?

00:23:59Join us again tomorrow,

00:24:14when the case of the Queen against Mitchell

00:24:16will be resumed in the Crown Court.

00:24:18At three o'clock on a Sunday afternoon,

00:24:47George Mitchell was stopped in the street by a policeman

00:24:49who asked to see what was in the pockets

00:24:51of an expensive cashmere overcoat he was carrying,

00:24:54and discovered there items of jewellery,

00:24:56which George Mitchell denied all knowledge of,

00:24:58and which were the possessions of the Cunningham family.

00:25:01And Mitchell's counsel has suggested

00:25:02that Mrs. Cunningham and George Mitchell are lovers.

00:25:06Well,

00:25:07are you going to be so kind as to give me an answer to my question,

00:25:12please, Mrs. Cunningham?

00:25:14Yes, I'll answer your question.

00:25:16It's preposterous.

00:25:18The suggestion

00:25:19that you and the accused are or ever have been lovers,

00:25:22it is preposterous?

00:25:24Yes.

00:25:25You absolutely deny it?

00:25:27I do, absolutely, and emphatically.

00:25:29Remembering, of course, that you are on oath?

00:25:31You have never had sexual intercourse with him?

00:25:34Never.

00:25:36Mrs. Cunningham, please.

00:25:38You are on oath,

00:25:39and you are absolutely true...

00:25:40Your Honour, really,

00:25:41I must protest that this Mrs. Cunningham

00:25:42has given her answer repeatedly.

00:25:44Yes, it does seem to me

00:25:45that she has answered the question,

00:25:46Mr. Van Droghery,

00:25:47and that it's wrong of you to persist in this fashion.

00:25:51Well, if I have distressed Mrs. Cunningham,

00:25:53I'm sorry,

00:25:54but I am sure it equally distresses the accused also

00:25:57to hear their close and intimate relationship

00:25:59so untruthfully denied.

00:26:00Your Honour, really,

00:26:01this is quite outrageous.

00:26:03If my learned friend wishes to give evidence,

00:26:05then let him go into the box.

00:26:07You know, you really must not say such things,

00:26:09Mr. Van Droghery.

00:26:10There was scarcely even a comment,

00:26:12and even a comment

00:26:13would have been improper

00:26:14at this stage of the proceedings.

00:26:16So I withdraw the remark, Your Honour,

00:26:18and tender my apologies to you.

00:26:21Mrs. Cunningham,

00:26:23the garnet ring,

00:26:25exhibit number six it is, I believe.

00:26:26That was given to you by the accused,

00:26:35was it not?

00:26:37Yes, it was.

00:26:38When?

00:26:40I think he just came with it to the house

00:26:42a few months ago

00:26:43when he was working on some alterations

00:26:45to our kitchen for us

00:26:46and said he'd like me to have it.

00:26:47It was to mark

00:26:48a particularly enjoyable experience

00:26:50of sexual intercourse

00:26:51that you and he had had in bed together

00:26:53the previous day

00:26:54when he'd been at your house.

00:26:55Mr. Van Droghery,

00:26:57you must be allowed

00:26:58to put his case in his own way.

00:27:01With respect,

00:27:04this line of questioning

00:27:05is not upsetting me in the least.

00:27:08I would much prefer

00:27:09that any questions were asked

00:27:11and I was given the opportunity

00:27:13to answer them.

00:27:15It's not upsetting me,

00:27:16not in any way.

00:27:17Please ask me whatever you wish.

00:27:21Mr. Van Droghery,

00:27:22I'm sure you're aware

00:27:24of the dangers

00:27:25of running this kind of defence.

00:27:27However,

00:27:28of course,

00:27:29you may continue if you wish.

00:27:32Your Honor,

00:27:33Mrs. Cunningham,

00:27:35I put it to you

00:27:35that on September 25th

00:27:37last year

00:27:38the accused arrived at your house

00:27:39in the late morning,

00:27:40your husband and son

00:27:41having gone out

00:27:42for a drink before lunch

00:27:43and that you then

00:27:44took the opportunity

00:27:45to tell him

00:27:46that you now had

00:27:47another lover

00:27:47who was insisting

00:27:49your association with him

00:27:50should come to an end.

00:27:51No, that is completely untrue.

00:27:54There never was

00:27:54and never had been

00:27:55any association

00:27:57of the sort

00:27:58that you're suggesting

00:27:58between us.

00:28:00So there was nothing

00:28:01to come to an end,

00:28:02either at my

00:28:03or anyone else's suggestion.

00:28:05I put it to you also

00:28:06that he begged

00:28:06and pleaded with you

00:28:07to change your mind,

00:28:09pointing out

00:28:10that on no less

00:28:11than three occasions

00:28:12in the past four years

00:28:13his wife had left him

00:28:14because of his

00:28:15continuing liaison with you.

00:28:16No, that is pure fantasy.

00:28:18Well, Mrs. Cunningham,

00:28:19do you recall an occasion

00:28:20when the accused

00:28:21was out of prison

00:28:22before the sentence

00:28:24he's at present serving

00:28:25when his wife,

00:28:26Mrs. Mitchell,

00:28:27came to see you?

00:28:29Yes.

00:28:30Yes, I think I do, actually.

00:28:32And why did she come to see you?

00:28:35Well, I don't remember

00:28:36clearly now.

00:28:37Mrs. Cunningham?

00:28:38I think,

00:28:38I presume it must have been

00:28:40something to do

00:28:41with her husband.

00:28:42I put it to you

00:28:43that she came to see you

00:28:44to ask you

00:28:44to give him up.

00:28:46I doubt it.

00:28:48Well, she did hardly

00:28:50for the reason

00:28:50you're suggesting.

00:28:52You think there is

00:28:52something amusing

00:28:53in this suggestion?

00:28:55May we be permitted

00:28:56to share what is so humorous

00:28:57about it, please?

00:28:58I'm sorry.

00:28:59I meant not afraid

00:29:00of losing him to me.

00:29:03Afraid, perhaps,

00:29:04of my influencing him

00:29:06away from crime.

00:29:08You now suggest

00:29:10his wife has criminal

00:29:11affiliations.

00:29:12Oh, that's hardly

00:29:13a great deal

00:29:13to complain about,

00:29:14Mr. Vendry-Herry.

00:29:16Everyone considers

00:29:16some of the suggestions

00:29:17about herself

00:29:18that this witness

00:29:19has been subjected to.

00:29:22Mrs. Cunningham,

00:29:23I have no more questions

00:29:24to put to you.

00:29:26Mrs. Cunningham,

00:29:28there are just two things

00:29:29I would like to ask you

00:29:30briefly and finally.

00:29:32I'm sure without myself

00:29:34or anyone else

00:29:35stressing it,

00:29:36you are aware

00:29:37that you could be described

00:29:38as an extremely

00:29:39attractive woman.

00:29:41Is it totally outside

00:29:42your previous experience

00:29:43as a voluntary associate

00:29:45that a prisoner

00:29:46should indulge

00:29:47in strong sexual fantasies

00:29:49about you?

00:29:52No.

00:29:53Thank you, Mrs. Cunningham.

00:29:55And finally,

00:29:56I would be right

00:29:56in saying that,

00:29:58as a woman,

00:29:59one is vulnerable

00:30:00always to accusations

00:30:01if one is doing

00:30:02something even

00:30:03slightly charitable,

00:30:04to hints and sniggers

00:30:06and whispers

00:30:07that one is doing it

00:30:08for, well,

00:30:09to use a popular expression,

00:30:11for kicks

00:30:12of some kind

00:30:13or another.

00:30:15Yes, very much so.

00:30:17Thank you, Mrs. Cunningham.

00:30:20Thank you, Mrs. Cunningham.

00:30:26I call Douglas Cunningham.

00:30:30Douglas Cunningham, please.

00:30:43What is your religion?

00:30:44Church of England.

00:30:45Take the book

00:30:45in your right hand

00:30:46and read aloud

00:30:47the words on the card.

00:30:48I swear by almighty God

00:30:49that the evidence

00:30:50I shall give

00:30:50shall be the truth,

00:30:51the whole truth

00:30:52and nothing but the truth.

00:30:54Will you tell the court

00:30:55your full name

00:30:55and address, please?

00:30:56Yes, Douglas,

00:30:57Arthur,

00:30:58Moffat,

00:30:58DeWitt,

00:30:59Cunningham,

00:31:00Millhouse,

00:31:01Parkside Grove,

00:31:02Fulchester.

00:31:04Will you tell the court,

00:31:05Mr. Cunningham,

00:31:06in your own words, please,

00:31:07the events of that day,

00:31:08Sunday the 25th of September

00:31:10last year?

00:31:11Yes.

00:31:12My son,

00:31:13who was on weekend leave

00:31:14from BAOR,

00:31:15came up that morning

00:31:16to lunch with us

00:31:17from town.

00:31:17He arrived about

00:31:1811,

00:31:19I think 11.30,

00:31:20something like that.

00:31:22What happened then?

00:31:23Yes,

00:31:23he and I went over

00:31:24to the windmill

00:31:25for a drink.

00:31:25Yes,

00:31:25when we got back...

00:31:26Just a minute,

00:31:26please,

00:31:27Mr. Cunningham.

00:31:27When your son arrived,

00:31:29before you and he

00:31:30went off for this

00:31:31pre-lunch drink,

00:31:32was there anyone else

00:31:33in the house

00:31:34besides your wife,

00:31:35Vivian?

00:31:35Anyone else?

00:31:36Oh,

00:31:37Mitch,

00:31:37you mean Mr. Mitchell.

00:31:39No,

00:31:39I'm fairly certain

00:31:40he hadn't arrived by then.

00:31:42Yes,

00:31:42in fact,

00:31:43definitely he hadn't,

00:31:43no.

00:31:44He was there

00:31:44when we got back,

00:31:45though.

00:31:45Yes,

00:31:45that's quite right.

00:31:47Now,

00:31:47as I was saying,

00:31:48we all had lunch together.

00:31:49Yes,

00:31:49did you have anything else

00:31:51to drink before lunch?

00:31:52I mean,

00:31:52after you and your son

00:31:53had got back from the pub?

00:31:55A couple of sherries,

00:31:56perhaps,

00:31:57possibly,

00:31:57or so.

00:31:58Were you drunk?

00:31:59Oh,

00:31:59good Lord,

00:32:00no,

00:32:00we're not great drinkers,

00:32:01any of us.

00:32:02Vivian was a bit

00:32:04off colour,

00:32:04though.

00:32:05She'd been on some sort

00:32:06of pills,

00:32:07I understand,

00:32:07for something or other.

00:32:08I know that someone

00:32:09is only to take the stopper

00:32:10out of the sherry decanter

00:32:11and she begins to feel

00:32:12a bit dizzy.

00:32:13And Mr. Mitchell,

00:32:15was he?

00:32:15What about him?

00:32:17Oh,

00:32:17he wasn't drunk

00:32:18when he left,

00:32:19no.

00:32:19What time did he leave,

00:32:21Mr. Cunningham?

00:32:22About quarter to three

00:32:24or somewhere thereabouts,

00:32:25I should think,

00:32:26yes.

00:32:26And he left on his own,

00:32:27not with you?

00:32:28Yes.

00:32:29Vivian had gone upstairs

00:32:30to lie down,

00:32:31she wasn't feeling very well.

00:32:33Richard and I thought

00:32:33we'd take the boat out

00:32:34for a while

00:32:35on the estuary.

00:32:36We asked Mitch

00:32:36if he'd like to come

00:32:37along with us,

00:32:37but he said no,

00:32:38he thought he ought

00:32:39to be getting along.

00:32:40So off he went.

00:32:42At least,

00:32:43as far as I know,

00:32:44he did.

00:32:45And what time

00:32:46did you and your son

00:32:47leave?

00:32:48About ten minutes later.

00:32:51Mr. Mitchell

00:32:52left the house

00:32:52quite normally

00:32:53and amicably.

00:32:55Yes, certainly.

00:32:56Well,

00:32:57again,

00:32:58as far as I know,

00:32:59he did.

00:32:59Mr. Cunningham,

00:33:01did you give him

00:33:02any jewellery

00:33:03of your wife's

00:33:05or your children's?

00:33:06No,

00:33:07I did not.

00:33:08Did you give him

00:33:09your coat?

00:33:10No.

00:33:11Did you know

00:33:11that he had taken

00:33:12your coat?

00:33:13No.

00:33:14Not until the police

00:33:15rang up sometime

00:33:16later to say

00:33:17that he was down

00:33:17there at the station

00:33:18and the coat

00:33:18was with him.

00:33:19No.

00:33:19Can you think

00:33:20of any reason

00:33:21why he should

00:33:22have taken it?

00:33:23No.

00:33:24Well.

00:33:25Yes?

00:33:26Well,

00:33:27it had turned

00:33:27a bit chilly.

00:33:28I suppose he might

00:33:29have borrowed it

00:33:29in order to...

00:33:31Still,

00:33:32that wouldn't

00:33:33explain the jewellery,

00:33:34would it?

00:33:34Thank you,

00:33:35Mr. Cunningham.

00:33:36I'm sorry

00:33:37if this comes

00:33:37as a bit of a

00:33:38surprise to you,

00:33:39but may I finish

00:33:40by just asking

00:33:41you something

00:33:41completely different?

00:33:43Will you tell

00:33:43the court,

00:33:44please,

00:33:44how long

00:33:45you and your wife

00:33:46have been married?

00:33:47Yes,

00:33:4722.

00:33:49No,

00:33:4923 now.

00:33:5023 years.

00:33:51And is it?

00:33:52And has it been

00:33:53a happy marriage,

00:33:54do you mind my asking?

00:33:56The happiest

00:33:56I've had.

00:33:58Thank you,

00:33:58Mr. Cunningham.

00:34:00Mr. Cunningham,

00:34:02since my learned

00:34:03friend has finished

00:34:04on this subject,

00:34:05perhaps I may

00:34:06begin on it.

00:34:09Have you ever

00:34:10threatened your wife

00:34:10to divorce her?

00:34:12No.

00:34:13Has she ever

00:34:14said to you

00:34:14that she wanted

00:34:15to be divorced

00:34:16from you?

00:34:16No.

00:34:18Have you ever

00:34:19separated and

00:34:20lived apart from her?

00:34:21No.

00:34:23Have you always

00:34:23approved of your

00:34:24wife's work as,

00:34:25what is it called,

00:34:26a voluntary associate

00:34:27with prisoners?

00:34:29No.

00:34:31Have you always

00:34:32fully,

00:34:33I'm sorry,

00:34:34I beg your pardon,

00:34:36did you just say

00:34:36you had not always

00:34:37approved of your

00:34:38wife's work?

00:34:38Yes,

00:34:39I did say that.

00:34:40Why was that?

00:34:41Well,

00:34:42I've sometimes felt,

00:34:43to be perfectly honest,

00:34:44that it was often

00:34:44quite dangerous.

00:34:45I mean in the sense

00:34:46of the type of people

00:34:47she might find herself

00:34:48involved with.

00:34:49I could not unreasonably

00:34:50be said that you may

00:34:51well sometimes have had

00:34:52good reason for those

00:34:53fears,

00:34:54Mr. Cunningham.

00:34:55Now,

00:34:55Mr. Cunningham,

00:34:57have you always fully felt

00:34:58that as far as your wife

00:34:59was concerned,

00:35:00you could completely

00:35:01trust the people that...

00:35:02Your Honor...

00:35:03Yes,

00:35:03Miss Travers.

00:35:04Mr. Vendry Harry,

00:35:05if you are going to put

00:35:06the question which it

00:35:08sounded that you were

00:35:09going to put,

00:35:09I am not going to let

00:35:10you put it.

00:35:12With respect,

00:35:12Your Honor,

00:35:13may I put my question,

00:35:14please?

00:35:15Mr. Vendry Harry,

00:35:16if you intend to persist

00:35:17in the way you appear

00:35:18to be going,

00:35:19and in face of what

00:35:20I have just said,

00:35:21I must warn you that

00:35:22it will be a very

00:35:22serious matter.

00:35:24Yes,

00:35:24Your Honor.

00:35:25I will nevertheless,

00:35:26with Your Honor's

00:35:27permission,

00:35:27put my question,

00:35:28please.

00:35:30Mr. Cunningham,

00:35:33I was about to ask you

00:35:34if you always felt

00:35:35that as far as

00:35:36your wife was concerned,

00:35:38you could fully trust

00:35:39the people she invited

00:35:40to your house

00:35:41from time to time,

00:35:42not to steal any of your

00:35:43many doubtless

00:35:45valuable possessions.

00:35:46I've always felt

00:35:47that it was entirely

00:35:48up to my wife's judgment,

00:35:50whom she invited

00:35:50and whom she chose

00:35:52not to risk,

00:35:53and I...

00:35:54And yes,

00:35:56I'm sorry,

00:35:56you were wanting

00:35:56to say something else?

00:35:57Yes,

00:35:58I'm not sure perhaps

00:35:58whether I should say it.

00:36:00What I was going to say

00:36:00is that her judgment

00:36:01has always been

00:36:02so very good

00:36:03that we've never

00:36:03once been let down.

00:36:05Well,

00:36:07it's previous.

00:36:08I see no reason

00:36:09why you shouldn't

00:36:09say that,

00:36:10Mr. Cunningham,

00:36:11since there are

00:36:11some guilty pleas.

00:36:13Mr. Cunningham,

00:36:14your overcoat,

00:36:15exhibit number one

00:36:16it is,

00:36:16I think.

00:36:18Not on this occasion,

00:36:19but previously

00:36:19on two occasions

00:36:21it was lent

00:36:22to the accused

00:36:22to go back

00:36:23to the prison hostel

00:36:24after he'd been

00:36:25at your home,

00:36:25was it not?

00:36:26Yes,

00:36:26yes,

00:36:26I believe that's right.

00:36:27Yes,

00:36:28that's quite correct.

00:36:28Who was it lent

00:36:32to him by,

00:36:33Mr. Cunningham?

00:36:34I'm sorry,

00:36:34I don't think

00:36:35I follow you.

00:36:36Well,

00:36:36I will put it

00:36:36straight to you.

00:36:38It was twice

00:36:38lent to the accused

00:36:39by your wife,

00:36:41and when you found

00:36:42out about it

00:36:42you were extremely angry.

00:36:43No,

00:36:44it would perhaps

00:36:44be true to say

00:36:45that I was not

00:36:46very pleased.

00:36:46I was certainly

00:36:47not extremely angry.

00:36:49And on this Sunday

00:36:50in question,

00:36:51when it was,

00:36:51as you said,

00:36:52chilly after lunch,

00:36:53and your overcoat

00:36:54was hanging in

00:36:54a prominent position

00:36:55near the door,

00:36:56the accused

00:36:56took...

00:36:57Correct me if I'm wrong,

00:36:58but I'm right

00:36:58in saying,

00:36:59am I not,

00:36:59that the accused

00:37:00has pleaded guilty

00:37:01to stealing this coat?

00:37:02Yes,

00:37:02your honour.

00:37:03Is he changing

00:37:03his plea?

00:37:04No,

00:37:04your honour.

00:37:05Oh,

00:37:05then I fail

00:37:05to grasp

00:37:06the point

00:37:06of your questioning.

00:37:07This is just

00:37:08time-wasting,

00:37:08isn't it,

00:37:09surely?

00:37:09With respect,

00:37:10your honour,

00:37:10I'm having

00:37:11great difficulty.

00:37:12Yes,

00:37:12I know you are,

00:37:13Mr. Vendroheri,

00:37:14but I really

00:37:15can't help saying

00:37:16that I think

00:37:16a lot of it

00:37:17is of your own

00:37:17causing.

00:37:19However,

00:37:19if you wish

00:37:20to proceed

00:37:20in the way you are,

00:37:23we will all

00:37:24be as patient

00:37:25as we can

00:37:25about it.

00:37:26Thank you,

00:37:27your honour.

00:37:28Mr. Cunningham,

00:37:29I'm sure

00:37:30not you or I

00:37:31wants to tax

00:37:32his honour

00:37:32as patience.

00:37:34So finally,

00:37:35I will ask you

00:37:35about one other matter.

00:37:38After the accused

00:37:39had left your home

00:37:40on the Sunday

00:37:40in question,

00:37:42did you make

00:37:42a telephone call?

00:37:43A telephone call

00:37:44to whom?

00:37:45Mr. Cunningham,

00:37:46do not ask me questions,

00:37:47just answer the ones

00:37:48that I ask you.

00:37:49After the accused

00:37:50left your home,

00:37:51did you make

00:37:52a telephone call?

00:37:52No,

00:37:53I did not.

00:37:54How long

00:37:54does it take you

00:37:55to drive from your house

00:37:56to where your boat was?

00:37:57About 10,

00:37:5812 minutes.

00:37:59Did you make

00:37:59a telephone call

00:38:00either on your way

00:38:01or when you got there

00:38:02from a coin box?

00:38:03No,

00:38:03I did not.

00:38:04Mr. Cunningham,

00:38:04I have...

00:38:05Oh, I'm terribly sorry.

00:38:05Yes, indeed,

00:38:06I've quite forgotten.

00:38:07Yes,

00:38:07I did make a telephone call

00:38:09from a phone box

00:38:10when I got to the marina.

00:38:11To whom?

00:38:12To the Coast Guard

00:38:13to inquire about

00:38:14what the weather

00:38:15was like to be doing

00:38:15for the next two hours

00:38:16when we were out

00:38:17on the boat

00:38:17on the water.

00:38:19Mr. Cunningham,

00:38:19I put it to you

00:38:20that you made

00:38:21a telephone call

00:38:22to the police.

00:38:24Tripe.

00:38:26I beg your pardon?

00:38:27I beg yours, sir.

00:38:28A cow's intestine

00:38:30or stomach thereof,

00:38:31meaning rubbish.

00:38:32What is your religion?

00:38:45Survey.

00:38:46Take the book

00:38:47in your right hand

00:38:47and read aloud

00:38:48the words on the card.

00:38:49I swear by almighty God

00:38:51that the evidence

00:38:51I shall give

00:38:52shall be the truth,

00:38:53the old truth

00:38:54and nothing but the truth.

00:38:56Please state your full name

00:38:57to the court.

00:38:57George Arthur Mitchell.

00:39:00Mr. Mitchell,

00:39:01you have pleaded guilty

00:39:02to the theft

00:39:03of the overcoat

00:39:04and the garnet ring.

00:39:05I have.

00:39:06Why is that?

00:39:07Of course I am.

00:39:09I'm not guilty

00:39:10to the theft

00:39:10of the diamond

00:39:11and amethyst ring,

00:39:13the silver filigree bracelet,

00:39:14the gold cigarette lighter

00:39:15and the gold

00:39:16and enamel necklet.

00:39:17I have.

00:39:18Why is that?

00:39:19Of course I ain't.

00:39:21Now, Mr. Mitchell,

00:39:22will you please

00:39:22tell the court

00:39:23why you took

00:39:24Mr. Cunningham's

00:39:25overcoat

00:39:26on the Sunday in question?

00:39:27I wasn't thinking.

00:39:30I'd had a bit of drink

00:39:31like them.

00:39:31I was upset,

00:39:32weren't I?

00:39:33Stupid, I suppose.

00:39:34That's what it comes down

00:39:34to, don't it?

00:39:35That's all.

00:39:36Mr. Vindraheri,

00:39:37is this a plea of mitigation

00:39:39about stealing

00:39:40the overcoat?

00:39:40No, Your Honour.

00:39:42I see.

00:39:43Well, doubtless

00:39:44you will conduct this

00:39:45in your own way.

00:39:46I just wanted to

00:39:47clear the situation

00:39:48in my own head

00:39:49and help the members

00:39:50of the jury

00:39:50who may be a little puzzled

00:39:52as I am.

00:39:54Yes, Your Honour.

00:39:55May I proceed, please?

00:39:56Oh, please, yes.

00:39:59Doubtless it will

00:39:59become clear

00:40:00as we continue.

00:40:03Mr. Mitchell,

00:40:04why particularly

00:40:04did you take

00:40:05this overcoat?

00:40:08Of course,

00:40:09it was cold.

00:40:10Yes,

00:40:10it was cold too,

00:40:11but why

00:40:12this overcoat?

00:40:15Oh, yeah,

00:40:15I see what you...

00:40:16Well,

00:40:17because I'd had it

00:40:17before, like,

00:40:18hadn't I, yeah.

00:40:19You had borrowed

00:40:20it before.

00:40:21Right.

00:40:21I wasn't thinking,

00:40:22was I, see,

00:40:23what were the drink

00:40:23and other things,

00:40:24like the big

00:40:25ruck I'd had

00:40:25with her in it.

00:40:26Didn't ask.

00:40:27That was the point,

00:40:28see, wasn't it?

00:40:29Just took it

00:40:29from where it was

00:40:30hanging by the front door,

00:40:31didn't I,

00:40:31and I should've asked,

00:40:32see what I mean?

00:40:34However, Mr. Mitchell,

00:40:35you go away,

00:40:35and while you are

00:40:36going along the street,

00:40:37you go into a shop,

00:40:38and when you come

00:40:39out of the shop,

00:40:40what happens?

00:40:41Well, there's this cop

00:40:42waiting for me

00:40:43to come out,

00:40:43hadn't he?

00:40:44The policeman says

00:40:45he just happens

00:40:46to be walking

00:40:46along the street,

00:40:48and his attention

00:40:48is drawn to you

00:40:49because you come

00:40:50out from the shop

00:40:50shouting.

00:40:51Is that so?

00:40:52Nah.

00:40:53I mean, yeah,

00:40:53I come out

00:40:54the shop shouting

00:40:55and that,

00:40:55but he'd already

00:40:55seen me going

00:40:56in the first place,

00:40:57hadn't he?

00:40:57I mean,

00:40:58he couldn't have

00:40:58said what I've

00:40:58been shouting,

00:40:59could if he

00:40:59hadn't been

00:41:00standing there

00:41:00already waiting

00:41:01to hear it like,

00:41:01see what I mean?

00:41:02Something like,

00:41:03Enoch is right,

00:41:04all you walk

00:41:05should go back

00:41:05where you come

00:41:06from, you mean?

00:41:06Yeah.

00:41:07Nine people,

00:41:08two packets

00:41:09I've had papers,

00:41:10I mean to ask you.

00:41:11And like I said,

00:41:12I had had a bit

00:41:12of drink like two

00:41:13or so,

00:41:14I was a bit

00:41:14when I anyhow.

00:41:15But I'm not

00:41:16racially prejudiced,

00:41:17though.

00:41:19He asked me

00:41:20about the coat,

00:41:21where I'd got it

00:41:22and it.

00:41:23Nah, so I told him

00:41:24a lie.

00:41:25Said it had been

00:41:25lent me, didn't I?

00:41:27I thought she'd

00:41:27back me up

00:41:28if he'd phoned up

00:41:28the house like

00:41:29I said to him to,

00:41:29I mean,

00:41:30seeing as how

00:41:30she'd given me

00:41:31before, like,

00:41:32you know what I mean?

00:41:32You thought

00:41:33Mrs Cunningham would

00:41:34say it was all right

00:41:35you should have the coat,

00:41:36temporarily,

00:41:37on loan as it were.

00:41:38Is this what

00:41:38you're saying?

00:41:39Right.

00:41:40And that was

00:41:40me doubtful,

00:41:41wasn't it?

00:41:41Didn't know

00:41:42what was in

00:41:42her pockets

00:41:43then, did I?

00:41:43Nah.

00:41:44What was in

00:41:44the pockets

00:41:45being the diamond

00:41:46ring, the silver

00:41:47bracelet, the gold

00:41:48cigarette lighter,

00:41:49the golden enamel

00:41:50necklace.

00:41:50Young Diane.

00:41:51It is your

00:41:52contention...

00:41:52Diane?

00:41:53Have we heard

00:41:54of her?

00:41:54Diane?

00:41:55Diane Cunningham,

00:41:56Mrs Cunningham's

00:41:57daughter, Your Honor.

00:41:58Oh yes, thank you.

00:42:00And it is your

00:42:01contention, Mr Mitchell,

00:42:02is it not,

00:42:03that all these

00:42:03articles were quite

00:42:04deliberately placed

00:42:05in the overcoat

00:42:06pocket by

00:42:07another person?

00:42:08A fit-up, yeah.

00:42:10Mr Mitchell.

00:42:10A fit-up means

00:42:11that you're saying

00:42:12some person

00:42:13planted them in

00:42:14the pockets of

00:42:15the coat,

00:42:15is that right?

00:42:16Right, yeah.

00:42:17Him.

00:42:18Mr Cunningham.

00:42:20That's the

00:42:20baby, didn't it?

00:42:22But what reason

00:42:23can he have had,

00:42:24I mean, surely...

00:42:25Sorry, I'll leave

00:42:27this to you,

00:42:27Mr Vendroheri.

00:42:28I do beg your

00:42:29pardon.

00:42:31Mr Mitchell,

00:42:32the only item

00:42:33which has not

00:42:33so far been

00:42:34mentioned

00:42:34is the

00:42:35garnet ring.

00:42:36Right.

00:42:37How did that

00:42:38come to be

00:42:38in the

00:42:38overcoat pocket?

00:42:39Well, it

00:42:40didn't, did it?

00:42:41In this

00:42:42pocket here.

00:42:43I know,

00:42:43when they

00:42:43turned me up

00:42:44at a police

00:42:44station,

00:42:45they put it

00:42:45in with the

00:42:45others like

00:42:46it was

00:42:46with them

00:42:46in the

00:42:46overcoat.

00:42:47And it

00:42:48is Mr Cunningham,

00:42:49you say,

00:42:50who put the

00:42:51other jewellery

00:42:51in the

00:42:52overcoat pocket?

00:42:53Two things

00:42:53of hers,

00:42:54one thing

00:42:54of Richard's,

00:42:55one thing

00:42:55of Diane's.

00:42:56Make me look

00:42:56bad for me

00:42:57with every

00:42:57one of them.

00:42:58See what I

00:42:58mean?

00:42:59So, how

00:42:59did the

00:43:00garnet ring

00:43:01come to be

00:43:01in your

00:43:01jacket pocket?

00:43:03Well, I

00:43:03put it

00:43:03there,

00:43:03didn't I?

00:43:04When I

00:43:04said to her,

00:43:05all right,

00:43:05I'm taking

00:43:05me ring back

00:43:06then,

00:43:06when I

00:43:06took it

00:43:07off of

00:43:07her dressing

00:43:07table.

00:43:08When was

00:43:09that?

00:43:09Well,

00:43:09before like

00:43:10when we

00:43:10was having

00:43:10the ruck,

00:43:11when we

00:43:11were waiting

00:43:12for her

00:43:12husband and

00:43:12Richard coming

00:43:13back from

00:43:13lunch for

00:43:13the pub.

00:43:14The quarrel

00:43:15you were having

00:43:16when she

00:43:16told you

00:43:16something.

00:43:18About this

00:43:18other fella.

00:43:19Well,

00:43:19do I have

00:43:21this clear?

00:43:22You're saying,

00:43:23are you,

00:43:23Mr. Mitchell,

00:43:24that although

00:43:24you had given

00:43:25the ring to

00:43:25Mrs. Cunningham,

00:43:26you still felt

00:43:27it was yours.

00:43:27I'm taking

00:43:28my ring back.

00:43:29Right.

00:43:30Well, then,

00:43:31I don't quite

00:43:32see why,

00:43:32if you're saying

00:43:33that the ring

00:43:33was anyway

00:43:34yours all the

00:43:35time,

00:43:36you're pleading

00:43:36guilty to

00:43:37stealing it.

00:43:38Well,

00:43:38because I

00:43:38give it her,

00:43:39see,

00:43:39didn't I?

00:43:40You just

00:43:41said it

00:43:41was yours.

00:43:42Yeah.

00:43:43I'd give it

00:43:44her,

00:43:45then I took

00:43:45it off her.

00:43:46It was mine

00:43:47when I'd give

00:43:48it her,

00:43:48but when I

00:43:49give it her,

00:43:50it was hers.

00:43:51So if I took

00:43:52it off her,

00:43:53well,

00:43:53theoretically,

00:43:54then in law,

00:43:54that's right,

00:43:55and if I did,

00:43:56I nicked it

00:43:56off her,

00:43:57right,

00:43:57didn't I?

00:43:58See what I

00:43:58mean?

00:44:00Yes.

00:44:02Well,

00:44:02thank you for

00:44:03that explanation.

00:44:04Thank you,

00:44:05Mr. Mitchell.

00:44:08Mr. Mitchell,

00:44:10it's already

00:44:11been admitted

00:44:11that you do

00:44:12have a record,

00:44:13the offences

00:44:13for which

00:44:14you were in

00:44:14prison on

00:44:15that Sunday,

00:44:15September the

00:44:1625th.

00:44:17Now,

00:44:17what in general

00:44:18terms were

00:44:19they?

00:44:20Well,

00:44:21you know,

00:44:21just ordinary

00:44:22straightforward

00:44:23thieving and

00:44:23that.

00:44:24Thieving?

00:44:24Stealing other

00:44:25people's property?

00:44:27Well,

00:44:27no,

00:44:27it wasn't other

00:44:27people's property,

00:44:28actually,

00:44:29it was the post

00:44:29office,

00:44:29you know,

00:44:30the...

00:44:30No,

00:44:30Mr. Mitchell,

00:44:31please don't

00:44:31be specific.

00:44:33But at your

00:44:34trial,

00:44:35when you were

00:44:35charged with

00:44:36that offence,

00:44:37what was your

00:44:37plea?

00:44:38Not guilty,

00:44:39of course.

00:44:40Why was that?

00:44:41Oh,

00:44:42God,

00:44:42what did you

00:44:43expect?

00:44:43With respect,

00:44:44Your Honour,

00:44:44I would submit

00:44:45that the accused

00:44:46pleas at his

00:44:46earlier trial have

00:44:47nothing to do with

00:44:48this present case.

00:44:49Miss Travers?

00:44:50Your Honour,

00:44:51I thought I was

00:44:52simply following in

00:44:53my learned friend's

00:44:54footsteps,

00:44:54but since it seems

00:44:55to upset him so much,

00:44:56I will not pursue

00:44:57the subject.

00:44:58Mr. Mitchell,

00:45:00during your answers

00:45:01to your own counsel,

00:45:03you noticeably

00:45:04omitted some of

00:45:05the very extreme

00:45:06and unpleasant

00:45:07accusations that

00:45:08had been made

00:45:08against certain

00:45:09prosecution witnesses

00:45:10during cross-examination,

00:45:12did you not?

00:45:13He said he thought

00:45:14it was going down

00:45:15bad with a jury,

00:45:16see?

00:45:16Ah,

00:45:17well,

00:45:18that sounds like

00:45:18an honest answer,

00:45:19Mr. Mitchell.

00:45:20Let us see if you

00:45:21can continue in that

00:45:22way.

00:45:23Now,

00:45:24let me put one

00:45:25or two things to

00:45:25you very simply,

00:45:26may I?

00:45:28You are still

00:45:29asking us to believe

00:45:30that you and

00:45:31Mrs. Cunningham

00:45:32have been having

00:45:33a close and intimate

00:45:34relationship for

00:45:35four years or so?

00:45:37Right.

00:45:38A point which

00:45:39hasn't been mentioned,

00:45:40or if it has,

00:45:41I'm certainly not

00:45:42at all clear about it.

00:45:43Are you saying

00:45:44that her husband

00:45:45minded or he

00:45:46did not mind?

00:45:47Well,

00:45:48I used to think

00:45:49he didn't,

00:45:49but now,

00:45:50you know,

00:45:51I think he must have.

00:45:53Sure said he didn't,

00:45:54that they had

00:45:55this arrangement

00:45:55like,

00:45:56what you read

00:45:56about people

00:45:57having,

00:45:57you know,

00:45:57he went with

00:45:58his women

00:45:58and he just

00:45:59didn't care

00:45:59what she did

00:45:59one way or the

00:46:00other.

00:46:00I mean,

00:46:01she said years

00:46:02ago there'd

00:46:02been talk

00:46:02of a divorce

00:46:03and that,

00:46:03and they'd

00:46:04separated once

00:46:05when he was

00:46:05really took up

00:46:06with someone

00:46:06else,

00:46:06but nothing

00:46:07come of it,

00:46:07so they've

00:46:07got this sort of

00:46:08Mr. Mitchell,

00:46:09this is all

00:46:09entirely fantasy,

00:46:11isn't it?

00:46:12Fantasy?

00:46:14Fairytale,

00:46:14make-believe,

00:46:15all made-up.

00:46:17I didn't think

00:46:17it was,

00:46:18I thought it

00:46:18was all true,

00:46:19I believed

00:46:19that,

00:46:19honestly.

00:46:20No,

00:46:20Mr. Mitchell,

00:46:21by you.

00:46:23How?

00:46:23I see what you,

00:46:25that she said

00:46:25them things,

00:46:26you mean?

00:46:26Yes.

00:46:28No.

00:46:31No,

00:46:32no,

00:46:32no.

00:46:33She,

00:46:33she said them,

00:46:34all right.

00:46:35Yes,

00:46:35but Mrs.

00:46:36I don't know

00:46:36them anymore,

00:46:37do I?

00:46:37I mean,

00:46:38see what I mean?

00:46:39It's funny

00:46:40somehow,

00:46:40isn't it?

00:46:42All along

00:46:43I've been thinking,

00:46:44he fitted me up,

00:46:46last couple

00:46:47of months,

00:46:48all the nights

00:46:49in the nick,

00:46:49I'm in my arm,

00:46:50waiting for the

00:46:50trial to come up,

00:46:52thinking the same

00:46:52thing all the time,

00:46:55he fitted me up.

00:46:57But all of a sudden,

00:46:58like,

00:46:58it's hit me.

00:47:00Perhaps I'm doing

00:47:01him an injustice.

00:47:02You see what I mean?

00:47:04Perhaps it wasn't,

00:47:07perhaps it was her.

00:47:07Mr. Mitchell,

00:47:09these are your

00:47:10fantasies,

00:47:11your fantasies.

00:47:13Where is there

00:47:14the remotest

00:47:15proof that there's

00:47:15ever been a

00:47:16relationship of the

00:47:17kind you say

00:47:17between yourself

00:47:18and Mrs. Cunningham?

00:47:19Your Honor,

00:47:19I would suggest

00:47:20that such remarks

00:47:21by my learned friend

00:47:22are completely

00:47:23out of place

00:47:24for her to make

00:47:24to the accused.

00:47:26The witnesses

00:47:27for the defence

00:47:27are still to be called.

00:47:29Yes,

00:47:29Miss Travers,

00:47:30there is something

00:47:31in that,

00:47:31you know.

00:47:32Your Honor.

00:47:34Mr. Mitchell.

00:47:37Mr. Mitchell.

00:47:40Despite what

00:47:41my learned friend

00:47:41was saying about

00:47:42there so far

00:47:43being no evidence

00:47:44for it,

00:47:45you have been

00:47:46for some four years

00:47:47deeply involved

00:47:49with Mrs. Cunningham,

00:47:50have you not?

00:47:52No, I have.

00:47:53What was your

00:47:54feelings for her?

00:47:56Love.

00:47:58And what are they now?

00:48:06The same.

00:48:07The same.

00:48:10Thank you,

00:48:11Mr. Mitchell.

00:48:12You may leave

00:48:12the witness box.

00:48:13I will now call

00:48:15Mrs. Pauline Mitchell.

00:48:16Pauline Mitchell.

00:48:37Tomorrow,

00:48:37you can join us again

00:48:38when the case

00:48:39of the Queen

00:48:39against Mitchell

00:48:40will be concluded

00:48:41in the Crown Court.

00:48:42George Mitchell

00:49:04is charged

00:49:05that while he was

00:49:05a serving prisoner

00:49:06out on license

00:49:07from the prison hostel,

00:49:08he stole a coat

00:49:09and articles of jewellery

00:49:10from the home

00:49:11Vivian and Douglas

00:49:12Cunningham.

00:49:13Vivian is a voluntary

00:49:14prison worker

00:49:15who befriended him.

00:49:16He alleges

00:49:17they've been having

00:49:18a love affair

00:49:18and the jewellery

00:49:19was planted on him

00:49:20either by her

00:49:21or her husband.

00:49:23Mitchell's wife

00:49:23has just been called

00:49:24to give evidence

00:49:25for the defence.

00:49:26And what did he say

00:49:45to you on the second

00:49:46occasion, Mrs. Mitchell?

00:49:47Oh, the same

00:49:48as before.

00:49:49He couldn't help

00:49:50what he felt.

00:49:51He tried to get her

00:49:52out of his system

00:49:53but he couldn't.

00:49:55He knew he wasn't

00:49:56a class.

00:49:57He hadn't got

00:49:58no education,

00:50:00he hadn't got

00:50:00the money,

00:50:01position, nothing.

00:50:02But whatever he had

00:50:04or he hadn't,

00:50:05there was nothing

00:50:06he could do.

00:50:06He just couldn't

00:50:07help himself.

00:50:09He was,

00:50:11well,

00:50:12it can't be called

00:50:13anything else.

00:50:14Bestotted.

00:50:15So, what did you do?

00:50:18I went to see her.

00:50:20For what reason,

00:50:21Mrs. Mitchell?

00:50:22To ask her

00:50:23to give him up.

00:50:25What was her reaction

00:50:26to that?

00:50:27She said,

00:50:28erm,

00:50:29it wasn't her fault

00:50:30if that was the effect

00:50:31she had on men.

00:50:33What did I expect her

00:50:34to do about it?

00:50:36And what did you say,

00:50:37Mrs. Mitchell?

00:50:38I said I expected her

00:50:40to remind him

00:50:41that even if he didn't

00:50:42care about his wife,

00:50:43he still had two kids

00:50:45who loved him

00:50:46and needed him.

00:50:47And what did she

00:50:48say to that?

00:50:49Oh, nothing.

00:50:50I remember especially

00:50:51just sort of

00:50:52laughed it off

00:50:54and said she'd have

00:50:55to try and make him

00:50:56not so enthusiastic

00:50:57about her,

00:50:58wouldn't she?

00:50:59This was four years ago?

00:51:01About.

00:51:03Mrs. Mitchell,

00:51:04is there any hope

00:51:05at all, do you think,

00:51:06of a reconciliation

00:51:07between yourself

00:51:09and your husband?

00:51:10Well, not while

00:51:11she's around.

00:51:13People like us,

00:51:14we don't stand

00:51:15a cat in hell's chance.

00:51:17Not while there's

00:51:18people like them.

00:51:20So why have you

00:51:21come to give evidence?

00:51:22Why have you agreed

00:51:23to do all this?

00:51:24The kids?

00:51:26Well, at least

00:51:26he might come

00:51:27and see them sometime.

00:51:29I've done him a term.

00:51:30Perhaps he'll do

00:51:31one for me.

00:51:33Thank you,

00:51:33Mrs. Mitchell.

00:51:36Mrs. Mitchell,

00:51:37you and your husband,

00:51:39you've been married

00:51:39for how long?

00:51:41Eight years.

00:51:42Hmm.

00:51:42And your marriage

00:51:43is not by any means

00:51:44the only one in the world

00:51:45to have broken down,

00:51:46is it?

00:51:47No.

00:51:48Nor are you by any means

00:51:50the only woman in the world

00:51:51to put the blame

00:51:52for such a situation

00:51:53on another woman,

00:51:54are you?

00:51:55No, I suppose not.

00:51:56Hmm.

00:51:57Now, Mrs. Mitchell,

00:51:58was there an occasion

00:51:59some few years ago

00:52:00when your husband

00:52:01had a liaison

00:52:02with another woman?

00:52:04Not Mrs. Cunningham,

00:52:05some other woman?

00:52:06Oh, that's...

00:52:07Now, just answer the question

00:52:08that I asked you,

00:52:09Mrs. Mitchell.

00:52:10Did your husband

00:52:11live with another woman

00:52:12for a short while?

00:52:14Yeah.

00:52:15Thank you, Mrs. Cunningham.

00:52:18Just a moment.

00:52:21Just one final question,

00:52:23Mrs. Mitchell.

00:52:24Did you make a telephone call

00:52:26to Mrs. Cunningham

00:52:27some three weeks or so ago

00:52:28saying that you were

00:52:30a bit short of money

00:52:30and that the children

00:52:32needed a few things

00:52:33and if she could see

00:52:34her way clear to helping you,

00:52:36you might consider

00:52:36not coming to give evidence

00:52:38in this case?

00:52:39No, I did not.

00:52:40You did not what,

00:52:41Mrs. Mitchell?

00:52:42Make the telephone call

00:52:43or make the suggestion?

00:52:45Neither.

00:52:45I didn't do neither.

00:52:47Hmm.

00:52:49I do not wish

00:52:50to re-examine the witness,

00:52:51Your Honour.

00:52:52Thank you then,

00:52:53Mrs. Mitchell.

00:52:53You may leave

00:52:54the witness box.

00:52:55Hmm.

00:52:58I will now call

00:53:03Miss Diane Cunningham.

00:53:06Diane Cunningham.

00:53:19What is your religion?

00:53:20I haven't got a religion.

00:53:22Can I affirm?

00:53:23Yes.

00:53:23Just read aloud

00:53:24the words on this card.

00:53:26I do solemnly, sincerely

00:53:27and truly declare

00:53:28and affirm

00:53:28that the evidence

00:53:29I shall give

00:53:29shall be the truth,

00:53:30the whole truth

00:53:30and nothing but the truth.

00:53:32Would you please state

00:53:34your full name

00:53:35and address

00:53:35to the court?

00:53:37Diane Vivian Armand Cunningham.

00:53:39Avenida Jose Antonio,

00:53:41Centro Centro Cuatro.

00:53:43Sorry, I mean,

00:53:44I live at 134

00:53:46Jose Antonio Avenue,

00:53:47Barcelona.

00:53:49What is your occupation,

00:53:50Miss Cunningham?

00:53:51I'm a reader and translator

00:53:52for a newspaper.

00:53:53How long have you lived

00:53:54in Spain?

00:53:55Just over one year.

00:53:57At whose expense

00:53:58have you come here

00:53:59to give evidence

00:53:59at this trial,

00:54:00Miss Cunningham?

00:54:01My own.

00:54:04How long is it

00:54:05since you have last

00:54:06seen Mr. Mitchell?

00:54:06You must have been to hear

00:54:07you have not yet established

00:54:08that she knows,

00:54:09Mr. Mitchell.

00:54:10Well, I do,

00:54:11but I haven't seen him

00:54:11since before I went to Spain.

00:54:13For over a year,

00:54:14that is.

00:54:15Have you been in touch

00:54:16with him at all

00:54:17in any other way?

00:54:18No.

00:54:18How did you first know

00:54:21this trial was to take place,

00:54:22Miss Cunningham?

00:54:23Well, Mitch wrote to me

00:54:24when he was in prison

00:54:25on remand

00:54:25waiting for the case

00:54:26to come up.

00:54:27Why did he write to you?

00:54:29To ask you for your help?

00:54:30No, to say that he knew

00:54:32that he'd be going back

00:54:33to prison again

00:54:34and when I heard about it

00:54:35he just wanted me to know

00:54:36that he hadn't stolen

00:54:37or tried to steal anything

00:54:38from me.

00:54:39Not that I needed telling that.

00:54:40I mean, I know he wouldn't

00:54:41steal anything from me.

00:54:42I'd have known it was a set-up.

00:54:44How would you know that,

00:54:45Miss Cunningham?

00:54:46Because it's happened before.

00:54:47May we be quite specific

00:54:50about this?

00:54:52You say you know

00:54:53of a previous situation

00:54:55arranged by your parents

00:54:56where some other person

00:54:58would get into trouble

00:54:58with the law?

00:54:59Yes.

00:55:00And was it as a result of that

00:55:02that you left home

00:55:03and went away?

00:55:04Well, yes, in some ways.

00:55:06Not entirely,

00:55:07but it did have something

00:55:08to do with it.

00:55:09I'd been on increasingly

00:55:11bad terms with my parents

00:55:12for some time

00:55:13and when I heard about that,

00:55:14as far as I was concerned,

00:55:15it was just one more example

00:55:16of...

00:55:17Well, it simply confirmed

00:55:19that I wanted to get

00:55:20as far away from them

00:55:21and everything they represented

00:55:22as I could.

00:55:24Miss Cunningham,

00:55:25to turn now to the subject

00:55:26of these alleged offences,

00:55:28your gold and enamel necklet

00:55:30which was found

00:55:30in the accused possession,

00:55:33how was it that it was

00:55:34in your parents' house

00:55:35and not with you

00:55:36where you live in Barcelona?

00:55:37Well, when I left home,

00:55:39I didn't take any valuable

00:55:40personal possessions with me.

00:55:41I left what little jewellery

00:55:43I have here.

00:55:44Here?

00:55:44Where, Miss Cunningham?

00:55:46Well, in a small jewellery case

00:55:48which I then hid away

00:55:49behind a false panel

00:55:50in the back of some fitted wardrobes

00:55:52in what used to be

00:55:53my room at home.

00:55:54Did anyone else beside yourself

00:55:56know it was there?

00:55:57No one outside the family

00:55:58knew of the existence

00:55:59of the panel

00:55:59and it was designed

00:56:01in such a way

00:56:02that no one could even

00:56:03guess its existence.

00:56:04There were other items

00:56:06in this jewellery case?

00:56:08A few, about six or seven.

00:56:10Was the necklet

00:56:11the most valuable?

00:56:12In money terms, no,

00:56:14not by any means.

00:56:15But in what is known

00:56:16as sentimental value?

00:56:17Oh, yes.

00:56:18It had been given to me

00:56:19by my godmother.

00:56:21You are certain, Miss Cunningham,

00:56:23that you left the necklet

00:56:24in this particular place

00:56:26which only your family

00:56:27would have known about?

00:56:28I mean, you appreciate

00:56:29the implications this would...

00:56:30Yes, I'm absolutely certain.

00:56:31The necklet could only

00:56:32have been taken

00:56:33by someone

00:56:33who knew where to look.

00:56:35In taking that piece

00:56:36and ignoring all the others

00:56:37it made it very obvious

00:56:39to me that this was

00:56:40a deliberate thing

00:56:41to try and make me

00:56:42feel hurt by Mitch

00:56:43as well as angry.

00:56:44It had exactly

00:56:45the opposite effect, though.

00:56:46It was so blatant.

00:56:48Completely misfired.

00:56:50Made me more convinced

00:56:51than ever that

00:56:52they and their world

00:56:52absolutely stink.

00:56:54Thank you, Miss Cunningham.

00:56:55Thank you, Miss Cunningham.

00:57:03Miss Cunningham.

00:57:08I have got this right,

00:57:09have I?

00:57:10You've come here today

00:57:12entirely at your own expense,

00:57:14all the way from Barcelona

00:57:15to give evidence

00:57:17against your parents.

00:57:19No, I've come here

00:57:20to give evidence

00:57:20for George Mitchell.

00:57:22Well, that was hardly

00:57:23the impression you conveyed

00:57:24by your last word

00:57:25in your last sentence

00:57:26to my learned friend.

00:57:28However, you've come here

00:57:29to give evidence

00:57:30for Mr Mitchell, you say.

00:57:33That's a rather unusual action

00:57:34of considerable extremity

00:57:36of effort not to say

00:57:37marked dramatic effect

00:57:38for a young girl

00:57:39to take, isn't it?

00:57:40Is it?

00:57:40I understand my brother

00:57:41did something rather similar

00:57:42on behalf of the prosecution.

00:57:44Ah, but your brother

00:57:45is somewhat older, though,

00:57:46is he not?

00:57:47He also holds a position

00:57:48of high responsibility

00:57:49with Her Majesty's forces.

00:57:52How well do you know

00:57:54the accused, Miss Cunningham?

00:57:55Well, not very well

00:57:56if by that you're trying

00:57:57to digest it.

00:57:57Let me just stay

00:57:57with the answer, thank you.

00:57:59Not very well.

00:58:01And yet, well enough

00:58:02apparently to say,

00:58:03I know he would not

00:58:05steal from me.

00:58:06Yes.

00:58:07That's a rather romanticised

00:58:09sort of assertion,

00:58:10wouldn't you agree?

00:58:11No, I wouldn't.

00:58:12Oh, I would say

00:58:12that it's in fact,

00:58:13and I'm sure you'll discover

00:58:14this too as you get older,

00:58:17about the communist illusion

00:58:18held by anyone

00:58:19who's ever been robbed

00:58:20by someone that they knew

00:58:22that they would never,

00:58:23ever steal from them.

00:58:26Now, this romantic attitude

00:58:28that you have...

00:58:28I don't have a...

00:58:28I've never had a romantic

00:58:30attitude towards it.

00:58:31Well, I'm not in any way

00:58:32criticising you for it.

00:58:34It's not in any way

00:58:35unusual for young girls

00:58:36to look at certain criminals

00:58:38through...

00:58:38I happen to be 19,

00:58:39the tenant of a flat,

00:58:40the owner of a car,

00:58:41earning the equivalent

00:58:42of what would be

00:58:43£5,000 a year in England.

00:58:44Oh, I am sorry, Miss Cunningham,

00:58:46I have forgotten

00:58:46how rapidly people age.

00:58:49But last year,

00:58:5015 months or so ago,

00:58:52before you left England,

00:58:53would it not be true

00:58:54to say that you had

00:58:55what in other days

00:58:56might have been described

00:58:57as a crush on Mr Mitchell?

00:58:58On him?

00:59:00Sorry, Mitch,

00:59:00it would be totally incorrect.

00:59:01Well, I am instructed

00:59:03that your infatuation for him

00:59:05was in fact

00:59:06a primary reason

00:59:07for your wanting

00:59:08to leave England.

00:59:08What?

00:59:09Was it not,

00:59:10as a result of your father's

00:59:12insistence that you should not

00:59:13mix with him

00:59:14and other undesirable characters,

00:59:16that you were,

00:59:17as you said yourself,

00:59:18on such bad terms

00:59:19with your parents?

00:59:20You have to be joking.

00:59:21Oh, I most certainly

00:59:22am not joking, Miss Cunningham.

00:59:24This is far too serious

00:59:25a matter for it.

00:59:27Is it not true

00:59:28that you were,

00:59:29at that time,

00:59:29associating with a number

00:59:31of people of whom

00:59:31your parents disapproved?

00:59:32My father certainly did.

00:59:34These were young people who...

00:59:34Miss Cunningham,

00:59:34if you will just answer

00:59:36the question, please.

00:59:37And the answer,

00:59:38I gather, is yes.

00:59:41And had some of them

00:59:41served prison sentences...

00:59:42Because of the authorities'

00:59:43attitude towards...

00:59:43Miss Cunningham, please,

00:59:44had some of them

00:59:45served prison sentences.

00:59:48Well, would you answer

00:59:50the question?

00:59:51They had.

00:59:53And was there not

00:59:54a possibility

00:59:55that at that time

00:59:56you yourself

00:59:57might be prosecuted?

01:00:01Answer the question, please.

01:00:04There was a possibility

01:00:05that that might happen, yes.

01:00:06So I was given

01:00:07to understand by the police.

01:00:09But in return

01:00:10for your leaving the college

01:00:11where you were

01:00:12at that time

01:00:13being educated,

01:00:15your father managed

01:00:16to get you out of it.

01:00:17In return for my being

01:00:18taken away from college,

01:00:19my father managed

01:00:20to get himself out of it.

01:00:21Oh, yes.

01:00:22Well, I'm afraid

01:00:22meaningless remarks like that

01:00:23have no place

01:00:24in a court of law.

01:00:26Now, one final matter,

01:00:27Miss Cunningham.

01:00:27You've been out of this country

01:00:29for over a year, you say?

01:00:30Yes.

01:00:31And in all that time,

01:00:32you've never been back?

01:00:33Not even for a weekend

01:00:34or a day?

01:00:35No.

01:00:36So you were not

01:00:36actually in England

01:00:38on the day in question,

01:00:39Sunday, September the 21st?

01:00:41No.

01:00:42So, since you were not there

01:00:44at your parents' house

01:00:45on that day,

01:00:46you were not even

01:00:47in the country, in fact,

01:00:48you will agree, won't you,

01:00:49that you couldn't have

01:00:50the remotest idea

01:00:51of what actually happened?

01:00:53I can guess.

01:00:54Yes, you can guess,

01:00:55Miss Cunningham.

01:00:55You have done

01:00:56and you continue to do so

01:00:57with increasing wildness,

01:00:59maliciousness,

01:00:59and hurtfulness

01:01:00towards your own family.

01:01:04Miss Cunningham,

01:01:05the people you were

01:01:08associating with

01:01:09whom your parents

01:01:10disapproved of

01:01:11how many of them

01:01:13had actually been in prison?

01:01:14Who actually went to prison?

01:01:16Two.

01:01:17How long were they

01:01:18sentenced to prison for?

01:01:20One was in for four weeks

01:01:21and one was in for two.

01:01:23And what was it for?

01:01:24Non-payment of fines.

01:01:26For what offences?

01:01:27Obstructing the police.

01:01:29In what circumstances,

01:01:31Miss Cunningham?

01:01:31They were taking part

01:01:33in a non-violent demonstration

01:01:34against the war in Vietnam.

01:01:35You do not need to be

01:01:35more specific.

01:01:37They were protesters

01:01:38in a matter of conscience.

01:01:40Mr. Vendro here,

01:01:40it does not really matter

01:01:41what it was for.

01:01:43They were obstructing the police

01:01:44in the execution

01:01:45of their duty.

01:01:46Are you suggesting

01:01:46that in some way

01:01:47that is not a serious offence?

01:01:49No, Your Honor.

01:01:50Only that it is not

01:01:51of the type

01:01:52one usually thinks of

01:01:53when one suggests

01:01:53the possession

01:01:54of a criminal record.

01:01:55That depends upon

01:01:56who does the thinking,

01:01:57doesn't it?

01:01:58I mean,

01:01:58to some people,

01:01:59the type of offence

01:02:00is not greatly relevant.

01:02:03Your Honor.

01:02:05Miss Cunningham,

01:02:05and the possibility

01:02:06of you yourself

01:02:07going to prison

01:02:08and being prosecuted,

01:02:10what was that for?

01:02:11For throwing

01:02:12anti-apartheid leaflets

01:02:14at a demonstration

01:02:14at a...

01:02:15Yes, just one moment,

01:02:15Miss Cunningham.

01:02:16What is the point,

01:02:18Mr. Vendro here?

01:02:19I am simply trying

01:02:20to establish

01:02:20and keep a perspective,

01:02:21Your Honor.

01:02:23I must confess

01:02:24that to me

01:02:25if someone breaks the law,

01:02:26they break the law

01:02:26and are guilty

01:02:27of an offence

01:02:27in so doing.

01:02:29Whether it is a law

01:02:30of which some people

01:02:31disapprove,

01:02:32of which some people

01:02:33think is not important

01:02:34or even downright wrong,

01:02:36is neither here

01:02:38nor there,

01:02:38surely.

01:02:39It is the law.

01:02:42Your Honor.

01:02:44Miss Cunningham,

01:02:45towards the end

01:02:46of your cross-examination,

01:02:47you said something

01:02:48which my learned friend

01:02:50described as

01:02:50a meaningless remark.

01:02:52It was something

01:02:53to the effect

01:02:53that in return

01:02:54for your leaving

01:02:55the college

01:02:55where you were

01:02:56being educated,

01:02:57your father

01:02:58got himself out of it.

01:03:01Will you tell us,

01:03:02please,

01:03:02what you mean by that?

01:03:04There were daughters

01:03:05of several of my father's

01:03:06business associates

01:03:07at the college

01:03:07at the same time

01:03:08as I was,

01:03:09and in their parents' eyes,

01:03:10I and a few others

01:03:11were having far too much

01:03:12influence on them.

01:03:14When it looked

01:03:15as though I might be

01:03:16getting into trouble

01:03:17for demonstrating

01:03:18against the very companies

01:03:19that their parents owned,

01:03:20and it might attract

01:03:21some awkward publicity

01:03:23towards him,

01:03:25my father brought

01:03:26a great deal of pressure

01:03:26to bear on me,

01:03:27both financially

01:03:28and emotionally,

01:03:30and mistakenly

01:03:31I let him talk me

01:03:32out of it.

01:03:34Thank you,

01:03:34Miss Cunningham.

01:03:35I have no more

01:03:35questions for you.

01:03:36Thank you,

01:03:37Miss Cunningham.

01:03:37I call Harry Stone,

01:03:48please.

01:03:50Harry Stone,

01:03:51please.

01:03:51What is your religion?

01:04:13Take the book

01:04:14in your right hand

01:04:15and read aloud

01:04:16the words on the card.

01:04:16I swear by almighty God

01:04:18that the evidence

01:04:18I shall give

01:04:19shall be the truth,

01:04:19the whole truth,

01:04:20and nothing but the truth.

01:04:21Would you please

01:04:22tell the court

01:04:23your full name?

01:04:24Harold Stone.

01:04:26And you are currently

01:04:27serving a prison sentence,

01:04:28Mr. Stone,

01:04:29which you received last year.

01:04:30Is that correct?

01:04:31That's right.

01:04:32Yes, I am.

01:04:32Of what length is it?

01:04:35Three years.

01:04:36Three years.

01:04:38For what offences?

01:04:40Being in possession

01:04:40of stolen property.

01:04:42What was it,

01:04:43this stolen property?

01:04:44Two vases,

01:04:46a small portable escritoire,

01:04:47ivory and jade fan,

01:04:49and a carriage clock.

01:04:51Was this your first offence?

01:04:56Sorry.

01:04:59Not by any means, no.

01:05:02What are you?

01:05:03What is your type of crime

01:05:04as a rule?

01:05:05It's not as a rule.

01:05:06It's always.

01:05:08I'm offence.

01:05:10A receiver of stolen goods,

01:05:12Mr. Stone.

01:05:12Is that correct?

01:05:13Yes, Your Honor.

01:05:15What do you mostly receive

01:05:16and fence, Mr. Stone?

01:05:18Entirely motors.

01:05:20Just motor cars?

01:05:21Never anything else at all?

01:05:22No, never.

01:05:24I'm a specialist.

01:05:26All fences are.

01:05:28All of what you might call,

01:05:29well, a certain standard,

01:05:31that is.

01:05:32You have to know your markets,

01:05:33your sellers and your buyers,

01:05:35and, of course,

01:05:36know about the goods, too.

01:05:38You have to have an eye for them,

01:05:40be able to assess their market value

01:05:41quickly and so on.

01:05:42You make it sound almost

01:05:43as though you're suggesting

01:05:44it's some claim nearly

01:05:47to be described

01:05:48as a skilled occupation,

01:05:49Mr. Stone.

01:05:50Oh, no,

01:05:51I wouldn't say that,

01:05:52Your Honor.

01:05:52No, there are too many of us.

01:05:54Ah.

01:05:55So,

01:05:56you don't ever deal

01:05:59in antiques,

01:05:59Mr. Stone?

01:06:00No, never.

01:06:01No, that is a specialised field,

01:06:02one you've really got to know

01:06:03your way around in.

01:06:04If you don't,

01:06:05oh,

01:06:06it's far too easy

01:06:07to get taken.

01:06:08Mr. Stone,

01:06:09about this present sentence

01:06:10that you're serving,

01:06:11You know,

01:06:11even some of the old bill

01:06:12were a bit

01:06:13dubious about it.

01:06:16One of them even said to me,

01:06:1818th century porcelain

01:06:19in the back

01:06:20of a Hillman imp,

01:06:21Harry,

01:06:22whatever next.

01:06:25It wasn't until

01:06:26I heard this case

01:06:27being discussed

01:06:27in the nick

01:06:28a couple of months ago

01:06:29that suddenly

01:06:31it all clicked.

01:06:32The gear,

01:06:34the antiques,

01:06:38they were a friend of his,

01:06:40one of his director pals

01:06:42in one of his companies.

01:06:44This was at a time

01:06:46when you knew

01:06:46that lady and gentleman,

01:06:47Mrs. and Mr. Cunningham?

01:06:49Well,

01:06:50I knew her

01:06:51rather better

01:06:51than I knew him.

01:06:53But,

01:06:53I did know them both,

01:06:55yes.

01:06:56How did you come

01:06:57to meet them?

01:06:59She was taking

01:07:00an interest

01:07:01in the aftercare

01:07:02of one of my mates

01:07:03and he introduced us.

01:07:05She was concerning

01:07:06herself with

01:07:07your aftercare?

01:07:08No,

01:07:09she wasn't that stupid.

01:07:11Thank you,

01:07:12Mr. Stone.

01:07:16Mr. Stone,

01:07:17we have it

01:07:18on your own

01:07:18admission

01:07:19that you do

01:07:19have a number

01:07:20of convictions

01:07:20for dishonesty.

01:07:22One kind

01:07:23of dishonesty,

01:07:24yes.

01:07:24Well,

01:07:24fascinating though

01:07:25it would be

01:07:26I'm not going

01:07:26to ask you

01:07:27for a dissertation

01:07:27on the various

01:07:28kinds.

01:07:29Instead,

01:07:30will you just

01:07:30tell us this?

01:07:31Did you at the trial

01:07:33you've been describing

01:07:34presumably say

01:07:35then too

01:07:36that you'd been

01:07:37the victim

01:07:37of a fit-up,

01:07:38the planting

01:07:39of these things

01:07:40on you?

01:07:41Yes.

01:07:42Well,

01:07:43did the jury

01:07:43then there

01:07:44believe you?

01:07:46No.

01:07:47Because I couldn't

01:07:48think of any reason

01:07:49why anyone should

01:07:50and I couldn't

01:07:52think who would.

01:07:53Really?

01:07:54But she gave me

01:07:55almost the same tale.

01:07:58There was this

01:07:58new chap

01:07:59who said she'd

01:08:00got to break

01:08:01it off with me.

01:08:03Mr. Stone,

01:08:04you are not

01:08:04going to claim

01:08:05that you too

01:08:06had a liaison

01:08:07with Mrs. Cunningham.

01:08:08I wouldn't claim

01:08:10to be the only one

01:08:11or anything like it.

01:08:11I mean,

01:08:13I never thought

01:08:14of it as more

01:08:14than it was.

01:08:17She liked it.

01:08:19I liked it.

01:08:21But when it was done,

01:08:22that was that.

01:08:24And Mr. Cunningham,

01:08:25her husband,

01:08:26unaware,

01:08:27unconcerned?

01:08:29No,

01:08:29of course not.

01:08:31He takes the films,

01:08:33the home movies.

01:08:35Mr. Stone,

01:08:36did you say that

01:08:37at your trial?

01:08:39No.

01:08:41I've told you

01:08:41I hadn't a clue

01:08:42what was going on then.

01:08:45But even if I had,

01:08:47well, I mean,

01:08:48look at them.

01:08:50Who'd believe it?

01:08:54That concludes

01:08:55the case for the

01:08:56defence, Your Honour.

01:08:57Thank you,

01:08:58Mr. Stone.

01:09:00Members of the jury,

01:09:01you may well feel

01:09:02that the only way

01:09:03to decide

01:09:04which side

01:09:05is the more convincing

01:09:06of the two

01:09:07is to consider

01:09:09in turn

01:09:09what each

01:09:10of their chosen

01:09:11witnesses said,

01:09:12whether what he

01:09:13or she said

01:09:14struck you

01:09:15as likely or not.

01:09:16And I suggest

01:09:16that when you

01:09:17consider it

01:09:17in that fashion,

01:09:18step by step,

01:09:19as it were,

01:09:20you'll find it

01:09:21that much easier

01:09:22to come to a

01:09:22sensible conclusion.

01:09:24So,

01:09:24consider,

01:09:25if you will,

01:09:25Mrs. Cunningham's

01:09:26evidence.

01:09:26Now,

01:09:27you may feel

01:09:28that there's

01:09:28something innately

01:09:30surprising

01:09:30in the possibility

01:09:31of a woman

01:09:32from one walk

01:09:33of life,

01:09:34having an intimate

01:09:34sexual relationship

01:09:36with a man

01:09:36from another.

01:09:37But you cannot

01:09:38have lived

01:09:39as I have

01:09:39for years

01:09:40in the law

01:09:41and regard

01:09:41anything that

01:09:42people do

01:09:43as surprising

01:09:43or impossible.

01:09:45Now,

01:09:45the point surely

01:09:46is,

01:09:46is it likely

01:09:47between the people

01:09:48concerned,

01:09:49both of whom

01:09:50you have seen?

01:09:52Well,

01:09:52now let us

01:09:52consider the accused's

01:09:54contention that

01:09:54these articles

01:09:55were planted

01:09:55on him

01:09:56by Mr.

01:09:56and Mrs.

01:09:57or by Mr.

01:09:58or Mrs.

01:09:59Cunningham.

01:10:01We are to believe,

01:10:02apparently,

01:10:02that someone

01:10:03counted on the

01:10:04weather turning chilly

01:10:05and hung up

01:10:07an overcoat

01:10:08full of jewellery

01:10:08temptingly

01:10:09by the door

01:10:10and that the accused

01:10:11was then

01:10:12to take it

01:10:13of his own free will

01:10:14without a buy-your-leave

01:10:16that next

01:10:17he would walk down

01:10:18a particular street

01:10:19meet a policeman

01:10:20who was standing there

01:10:21who had somehow

01:10:22been tempted

01:10:23into going to that place.

01:10:24Well,

01:10:24now what if the accused

01:10:27had taken it

01:10:28into his head

01:10:28to go back

01:10:29to the prison hostel

01:10:30by some other route?

01:10:32He would have

01:10:33been made a present

01:10:33of some valuable jewellery.

01:10:35Surely,

01:10:36would he not?

01:10:38And now,

01:10:39Miss Diane Cunningham's

01:10:40evidence,

01:10:42members of the jury,

01:10:44perhaps those of you

01:10:45who have children

01:10:46yourselves,

01:10:47may feel as sad

01:10:48as I do

01:10:48to see an intelligent,

01:10:50well-educated young woman

01:10:51go to such lengths

01:10:53to show her

01:10:54personal vindictiveness

01:10:56against her family

01:10:57and so publicly, too.

01:10:59But again,

01:11:00I can only ask you

01:11:01to consider

01:11:01whether this has

01:11:02anything to do

01:11:03with the subject

01:11:04of the charges

01:11:04against the accused

01:11:06since,

01:11:07as was pointed out,

01:11:08she was not

01:11:09in the country

01:11:10at the time

01:11:10of the alleged offence.

01:11:13Finally,

01:11:13members of the jury,

01:11:14I will say

01:11:14as little as possible

01:11:15about the evidence

01:11:16of Mr Stone

01:11:17except to reiterate

01:11:18a point

01:11:18which I made

01:11:19in answer

01:11:20to some remarks

01:11:20of the accused

01:11:21about the spare time

01:11:23activities

01:11:24of Mr and Mrs Cunningham.

01:11:26Yes,

01:11:27all things are possible,

01:11:30but are they likely?

01:11:32And anyway,

01:11:32what on earth

01:11:33has it got to do

01:11:33with what you're here

01:11:34to decide,

01:11:35which is

01:11:36whether the accused

01:11:38is or is not

01:11:39guilty

01:11:39of the offences

01:11:40with which he is charged?

01:11:44Our members of the jury,

01:11:45I will ask you

01:11:46to retire,

01:11:47elect a foreman

01:11:48to speak for you

01:11:49and consider your verdict.

01:11:56The prisoner will stand.

01:12:00Members of the jury,

01:12:01will your foreman

01:12:02please stand?

01:12:04Please answer this question,

01:12:05yes or no.

01:12:06Have you reached a verdict

01:12:08on which you are all agreed?

01:12:09Yes.

01:12:10On the first count

01:12:11of stealing

01:12:12a diamond and amethyst ring

01:12:13and a silver filigree bracelet

01:12:15from Vivian Cunningham,

01:12:16do you find the accused

01:12:17George Mitchell guilty

01:12:18or not guilty?

01:12:19Guilty.

01:12:20On the second count

01:12:21of stealing a gold

01:12:23and enamel netlet,

01:12:24the property of Diane Cunningham,

01:12:25do you find the accused

01:12:26George Mitchell

01:12:27guilty or not guilty?

01:12:29Guilty.

01:12:29On the third count

01:12:30of stealing a gold-plated

01:12:32cigarette lighter

01:12:32from Richard Cunningham,

01:12:34do you find the accused

01:12:35George Mitchell

01:12:35guilty or not guilty?

01:12:37Guilty.

01:12:38There will be a sentence

01:12:39of three years

01:12:40on each count

01:12:41to run concurrently.

01:12:43Take him down.

01:12:47you

01:12:52both

01:12:53and

01:12:56the

01:12:57two

01:12:58four

01:13:00with your

01:13:04six

01:13:05two

01:13:06and

Crown Court - Cat in Hell (1978)

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