Crown Court - Do Your Worst (1974) - video Dailymotion

Jezza

Following relegation Fulchester Rovers manager Aleksander Gruda is sacked. However, he claims players Skelhorne, McIver and Appledene deliberately played badly in order to achieve this end. All three now stand trial for conspiracy.   Maureen Lipman and David Ashford star as the prosecuting and defence Counsels. Michael Craze, well known for his role as companion Ben Jackson to William Hartnell's Doctor in Doctor Who, also appears as witness Mick Pollitson.

Transcript

00:00:00Wladyslaw Kruda no longer speaks with his native Polish accent.

00:00:13Brought to this country by his parents in 1939, he was rapidly absorbed into North Country

00:00:18life and at the age of 17 became a professional footballer.

00:00:21After an effective, if undistinguished, career as player and coach, he entered that most

00:00:26precarious of professions, football management.

00:00:28And in 1969 became manager of Fulchester Rovers.

00:00:32Rovers were at that time anchored firmly in the bottom half of the third division.

00:00:36But two seasons later, in May 1971, the team became champions of that division and were

00:00:41promoted to the second.

00:00:43But life in the higher echelons was short-lived.

00:00:46A mediocre season, followed by a disastrous one, saw the team return to the third division

00:00:50in 1973.

00:00:52Kruda paid the now familiar penalty and his contract was not renewed.

00:00:56But he was far from finished.

00:00:57A month after his dismissal, the football press resounded with the news that criminal charges

00:01:02had been laid against three Rovers players.

00:01:05Bernard Skelhorn, James McIver and Peter Appeldeen were charged with conspiring together to bring

00:01:10about the termination of Kruda's employment as manager of Fulchester Rovers by failing to

00:01:15perform their own contracts with the club.

00:01:17Their trial at the Fulchester Crown Court has just begun.

00:01:21What is your name and where do you live?

00:01:49My name is Alexander Vladislav Kruda and I live at the Northcliffe private hotel, Fulchester.

00:01:56As a paying guest?

00:01:57As a paying guest, yes.

00:01:58I've had a room there for two years.

00:02:00I take it you're not married?

00:02:01No.

00:02:02No, I'm not married.

00:02:04Now, Mr. Kruda, I wonder if you'd be kind enough to give the court a brief resume of your life

00:02:08since coming to this country.

00:02:09Yes, sir.

00:02:10Mr. Lotterby, I am as anxious as you are to be spared autobiographical detail, but my instinct

00:02:14tells me that a little insight in that direction might help us in this case.

00:02:18So long, Miss Lewis, as your witness, does not spend too long on his early life.

00:02:23Thank you, my lord.

00:02:24Mr. Kruda, as I said, a brief resume.

00:02:27I came to this country in 1939 with my mother and father.

00:02:31I was eight years old.

00:02:32My father had been a footballer in Poland, an amateur.

00:02:35He was a diamond cutter by profession and we had a good life, but my mother was Jewish

00:02:41and he decided we should leave and come to England.

00:02:44We settled in Lancashire and both my mother and father worked in a mill in Haywood.

00:02:47I went to the local school until I was 15.

00:02:50And after school?

00:02:51I took one or two odd jobs.

00:02:53I was apprentice in engineering works for about a year, but football, football was in my blood,

00:02:58I suppose, and in 1948 I had a successful trial with Bury and I signed professional forms

00:03:03for them.

00:03:03Is all this really relevant?

00:03:05Would we make more rapid strides to the present time, do you think, Miss Lewis?

00:03:08We're almost there, my lord.

00:03:10As brief as possible, please.

00:03:12Yes, I also played for Stockport County and Blackburn Rovers.

00:03:15At the end of my playing career, I took up coaching.

00:03:16I'd already taken a coaching diploma and from that I moved into management.

00:03:21And when did you join Fulchester Rovers?

00:03:23In June 1969.

00:03:25Will you give the court details of the contract you signed at that time?

00:03:28Yes, it was for four years, expiring at the end of the 72-73 season.

00:03:32My basic starting wage was 2,800 with a rise of 200 pounds every year.

00:03:37Of course, there were big bonuses for cup runs, promotions and that sort of thing.

00:03:40What were your top earnings during this period?

00:03:42We were promoted to the 2nd Division in 1971 and I earned, oh, almost 4,000 pounds.

00:03:48I see.

00:03:49And supposing the team had stayed in the 2nd Division, what might you have been expected

00:03:52to earn in a moderately successful season?

00:03:54Oh, a lot more.

00:03:56I should think between 5,500 and 6,000.

00:03:58Basic.

00:03:59You see, your honour, with the economic situation as it is, all salaries...

00:04:02All salaries.

00:04:03We do all understand we have all been torn upon the rack of inflation.

00:04:08Now, Miss Lewis, I must ask you not to make too ready assumption of an understanding of

00:04:13football matters.

00:04:15I realise that to many people in this country football is an open book, but to many others

00:04:20it is a total secret.

00:04:22Perhaps the jury is so divided.

00:04:25I mean, can you be sure, for example, that we all know what the 2nd Division is?

00:04:29If I may explain, my lord, the English Football League is divided into 92 clubs, 22 in each

00:04:35of the 1st and 2nd Division, 24 in each of the 3rd and 4th.

00:04:39At the end of each season, based on a points system, the least successful clubs are relegated

00:04:44and the most successful clubs are promoted to a higher division.

00:04:48Now, Mr. Gruder, you have told us that in May 1971, Fulchester Rovers were promoted to

00:04:54the 2nd Division.

00:04:55How long did the team stay there?

00:04:57For two seasons.

00:04:59The first year, we did reasonably well, finished in 8th place.

00:05:03The next year, we finish in bottom place.

00:05:05And what happened then?

00:05:06Well, I was called in front of the Board of Directors and told that my contract wouldn't

00:05:09be renewed.

00:05:10Did they give you any reason for this?

00:05:12Yes, Mr. Grose told me.

00:05:13Mr. Grose?

00:05:14He's the chairman.

00:05:16He told me that I'd been given the money I asked for to buy the players, but in spite of

00:05:20that, I couldn't keep the club out of the 2nd Division, and they thought it was time

00:05:23to make a change.

00:05:24Did this surprise you?

00:05:25No, I'd been told when I joined the club that only one thing counted.

00:05:29That was success.

00:05:29And you were happy to accept your contract under those terms?

00:05:32You wouldn't become a manager if you didn't.

00:05:34It's that sort of job.

00:05:35Oh, it's fair enough.

00:05:37It's fair enough.

00:05:38You had no quarrel with the Board's decision.

00:05:40No, no, not with the Board.

00:05:41No.

00:05:41As far as they were concerned, I'd failed.

00:05:43But they didn't know the truth, no more than anybody else.

00:05:46And what was the truth, Mr. Grose?

00:05:49Well, let me put it this way.

00:05:52Had I been sacked because of some mistake I'd made...

00:05:53Oh, my lord, I feel you should be pointed out that Mr. Grose, as I understand, it was

00:05:56not sacked.

00:05:57His contract expired and was not renewed.

00:05:58There is a distinction.

00:06:00Is that so, Mr. Rees?

00:06:01Yes, my lord.

00:06:02I'm sure my witness understands the distinction.

00:06:05Mr. Gruder, if I may ask you again, what was the truth?

00:06:08Well, what I was going to say was, if my contract wasn't renewed because of some mistake I'd

00:06:13made, or if I hadn't been managing the team well enough, I wouldn't have had any comeback.

00:06:16But that was not the case.

00:06:18No.

00:06:19So, what you are saying is that the club's lack of success was directly due to the actions

00:06:24of others.

00:06:25Is he, my lord?

00:06:26Yes, I'm sure.

00:06:26Your puzzlement missed a lot of it, but at the same time, I must confess, I find your objection

00:06:30academic.

00:06:31I mean, if he didn't say that, there'd be little point in us being gathered here today.

00:06:36However, though academic, your objection is valid.

00:06:39Miss Lewis, please do not lead.

00:06:42Let your witness speak for himself.

00:06:43Yes, my lord.

00:06:45Let me ask you a straightforward question, Mr. Gruder.

00:06:48Fullchester Rovers were relegated to the Third Division in May 1973.

00:06:52Why?

00:06:54Because three of my first team's squad consistently played well below their capabilities in more

00:06:58than half the league matches last season.

00:07:00And are those three men in court today?

00:07:02Yes, they are.

00:07:02Who are they?

00:07:03Skelhorn, MacIver, and Appalachian.

00:07:07Silence, these cops!

00:07:13Can you give any illustration of the bad play you observed?

00:07:17Yes, well, you get to know players.

00:07:20You get to know right away when something's wrong.

00:07:22I mean, if you know a player's got a heart as big as a lion and suddenly starts chickening

00:07:25out of 50-50 balls, you know something funny's going on.

00:07:28Could you explain that remark?

00:07:31Chickening out of what?

00:07:32Oh, well, I mean, not fighting for the ball.

00:07:35When two players have got an equal chance of getting the ball, that's a 50-50 ball.

00:07:38And you want your man to win it every time.

00:07:41And when a man who normally wins it keeps losing it, well, you start thinking things.

00:07:45I see.

00:07:46Thank God.

00:07:47Mr. Gruder, this player with a heart as big as a lion who chickened out of 50-50 balls,

00:07:53rather a mixed metaphor, but thanks to his lordship, I'm sure we now all understand it.

00:07:57Is this a hypothetical case, or are you referring to a particular player?

00:08:01I was describing Jim McIver.

00:08:03And what is McIver's position on the field?

00:08:05He's a striker.

00:08:06He wears a number nine shirt.

00:08:08And how would you explain, please, for the benefit of the jury, would you explain what

00:08:12the role of a striker is?

00:08:13Yes, he's there to score goals and lay them on for other players.

00:08:18A striker, he's an attacker.

00:08:19What was McIver's record with the club up to last season?

00:08:23Oh, it was very good.

00:08:23He joined the club the year before I did, and he averaged 22 league goals a season.

00:08:27Up to last year.

00:08:28And that's good.

00:08:29Well, they don't come much better.

00:08:31Not nowadays.

00:08:32And what happened to McIver last season?

00:08:35He scored four goals in the first seven matches, and for the rest of the season, that's another

00:08:3835 games, he scored six.

00:08:41And two of those were penalties.

00:08:43Disappointing, to say the least.

00:08:45I'd call it criminal.

00:08:46Well, Lord, I don't think we can complain about the word criminal, Mr. Lotterby.

00:08:49Surely it was used in its idiomatic sense.

00:08:53Contemptable, shall we say, rather than illegal.

00:08:56Oh, I agree entirely, my lord.

00:08:57I wasn't objecting to the use of the word criminal, but to the implication that none of us can

00:09:00have off days without it being either contemptible or illegal.

00:09:04We all of us at times fail to do our jobs as well as we might.

00:09:08That applies to us all.

00:09:10Yes, I'm making no comment, Mr. Lotterby.

00:09:13Continue, please.

00:09:14I was about to add, my lord, that with the tremendous pressures that there are today on professional footballers, inconsistencies of performance are bound to occur.

00:09:22There you go.

00:09:23Mr. Gruder, would you describe McIver's performance last season as normal, an off period?

00:09:31No.

00:09:32Why not?

00:09:33Oh, players go through bad spells, but in my experience there's always a good reason for it.

00:09:37Injury, lack of training, family troubles.

00:09:39None of these apply to McIver.

00:09:41Are you sure of that?

00:09:42Well, I'd have known about any injury, or if he wasn't training, and he never said anything about domestic troubles.

00:09:46And they're encouraged to.

00:09:48Now let us move on to Skelhorn and Appledean.

00:09:50Your suggestion is that neither of these men gave of their best during the majority of league matches played last season.

00:09:56That is correct.

00:09:57Tell us about Skelhorn.

00:09:59He was a midfield player, number four.

00:10:02It was his job to pick up the ball in the middle of the park, the field, that is, and link up with the strikers.

00:10:07And then put the ball through for them to collect and score.

00:10:10That's putting in its simplest terms.

00:10:11And as midfield players go, how was Skelhorn?

00:10:14Good.

00:10:15At his best, very good, in my opinion.

00:10:17He should have played for England.

00:10:18But last season he was not at his best.

00:10:21No.

00:10:22No, he started to lose it about the same time as McIver, about seven or eight matches in.

00:10:27How did this manifest itself?

00:10:28How could you tell he was losing it, as you put it?

00:10:31Well, in my opinion, Skelhorn was one of the best tacklers in the game.

00:10:35He was clean.

00:10:36Because he was clever, he didn't need to be dirty.

00:10:38He could time a tackle to the right split second, come away with the ball and put it where he wanted.

00:10:43And then suddenly, it all went.

00:10:46He began to look clumsy, which he never was.

00:10:49He gave away three kicks, he gave away 13, one match, that was more than his total for the previous season.

00:10:53And his passing went.

00:10:55Seven out of ten went to the other side.

00:10:56And this went on for most of the season?

00:10:58Oh, same.

00:10:59Some games were worse than others.

00:11:01We were losing matches.

00:11:02We should have won drawing teams.

00:11:03We should have...

00:11:04We should have murdered.

00:11:06And you can't do that and stay off the bottom.

00:11:08Now, what about Appledean?

00:11:10Oh, Appledean was cleverer than the other two.

00:11:12He wasn't so easy to spot, but it was there.

00:11:16He was fast.

00:11:17Very fast.

00:11:18And then suddenly, again about the same time of the season, he started failing to reach passes you could have sworn he should have made.

00:11:24And he put the odd corner behind, out of play, that is, which is something he never did.

00:11:28He didn't make as many mistakes as the other players, but, oh, he timed them better.

00:11:33If we were playing a crucial match, and there's a lot of them when you're near the bottom,

00:11:37and it looked as if we might be getting on top, he'd pull something shady out of the bag.

00:11:41He's a bit of a pie piper.

00:11:43Whatever he did, good or bad, seemed to have a sort of general effect on the team.

00:11:48Now, Mr. Gruder, when Fulchester Road was dispensed with your services,

00:11:51did you try to obtain another position as a football manager?

00:11:54Ah, yes.

00:11:55With no success?

00:11:56No.

00:11:56What is your present employment and salary?

00:11:59I'm the manager of a small do-it-yourself supermarket in the Churchill precinct,

00:12:02and I earn £1,800 a year.

00:12:04And as you've already told us, had you still been the manager of a second division club,

00:12:08you might have expected to earn between £6,000 and £7,000 a year?

00:12:11Yes.

00:12:12Thank you, Mr. Gruder.

00:12:14And your view is, is it, Mr. Gruder, that this reduction in earnings,

00:12:18and the fact that you are no longer doing the job you love,

00:12:20are directly attributable to the actions of the accused?

00:12:23Yes, that's correct.

00:12:24Well, didn't it ever occur to you that these three players,

00:12:26playing as you believe badly over the same period,

00:12:29might be no more than coincidence?

00:12:30No.

00:12:31So what conclusions did you reach, Mr. Gruder?

00:12:34They planned it.

00:12:35They got together and worked out how to get rid of me.

00:12:38Why?

00:12:38Because they didn't like the way I ran the club.

00:12:40They didn't like the discipline I imposed,

00:12:41because they were good footballers, but rotten men.

00:12:44Mr. Gruder, when you were called before the board

00:12:46and told that your contract was not to be renewed,

00:12:48did you then make this accusation you're making here today?

00:12:51Ah, yes, I did.

00:12:52To the board, you mean?

00:12:53That's right.

00:12:53Yes, I did.

00:12:54And what was their reaction?

00:12:56Well, they didn't exactly call me a liar,

00:12:58but I could see they didn't believe me.

00:13:00I didn't really expect them to tell the truth.

00:13:02Well, that's what you have for me, Mr. Gruder, to tell the truth.

00:13:04Now, why didn't you expect the board to believe you?

00:13:06I had no proof.

00:13:08Not them.

00:13:08You say you had no proof at that time.

00:13:11Your belief then was based on instinct.

00:13:14Ah, yes.

00:13:15Mr. Gruder, much of these proceedings

00:13:17appears to revolve around your judgment.

00:13:19You've told his lordship that you are able

00:13:21to make instinctive judgments on the quality of play.

00:13:24And from what you've told my learned friend,

00:13:26it would appear that you are equally adept

00:13:27at judging the quality of men.

00:13:29Are you prepared to stand by your judgment,

00:13:31not only when your career depends upon it,

00:13:33but also the freedom of three men?

00:13:36Yes, I do.

00:13:37Well, suppose for a moment

00:13:39that the three errant members of your club

00:13:41were, in your judgment,

00:13:42not only good footballers, but also good men.

00:13:44Would you have reached the same conclusions

00:13:46that a conspiracy was afoot?

00:13:48No, of course not.

00:13:49No, of course not.

00:13:50So what you are, in fact, saying

00:13:51is that your suspicions were based

00:13:53not merely on what you knew

00:13:54of the footballing abilities of the accused,

00:13:56but on what you knew of their characters.

00:13:58Yes.

00:13:59Tell me, Mr. Gruder,

00:14:00what do you look for in a footballer?

00:14:02Ability to play football,

00:14:04ability to live a clean, honest life,

00:14:07ability to take discipline and to work hard.

00:14:09And apart from the ability to play football,

00:14:11these were virtues sadly lacking

00:14:12from the characters of the accused?

00:14:14In my opinion, yes.

00:14:15Then I suggest to you, Mr. Gruder,

00:14:16that your judgment is not as faultless

00:14:18as you would have us believe.

00:14:19Is it not true that you sign

00:14:21two of the accused yourself?

00:14:24Yes, it is, but...

00:14:25Simply answer the question, Mr. Gruder,

00:14:27did you or did you not sign

00:14:28Skelhorn and Appledean?

00:14:31I did.

00:14:32Mr. Gruder, you are Polish, are you not?

00:14:47No, no, no, no, I'm British.

00:14:49I was naturalised with my parents.

00:14:51If I hadn't been naturalised,

00:14:52I wouldn't have been able to play football

00:14:53at an English league club.

00:14:54No, of course, forgive me.

00:14:55You are Polish by extraction and by birth.

00:14:57Ah, yes.

00:14:58I've always believed the Poles

00:14:59are a particularly proud people,

00:15:00unwilling to accept defeat.

00:15:02Would you agree with that?

00:15:03Well, 11 of them are pretty unwilling

00:15:04at Wembley in the World Cup.

00:15:06I can't speak for every Paul.

00:15:08If you're talking about me personally,

00:15:09I don't happily accept defeat.

00:15:11I never have.

00:15:11Or failure?

00:15:12The same thing in my book.

00:15:14So it's safe to say

00:15:14that if failure were imminent,

00:15:16you would do everything in your power

00:15:17to dissociate yourself from that failure?

00:15:19No.

00:15:20No?

00:15:20No, it wouldn't be safe to say that.

00:15:22You're now saying you would accept defeat?

00:15:23No, I'm not.

00:15:24I said that I didn't accept defeat happily.

00:15:26But if I failed and it was my fault,

00:15:27I'd accept that failure.

00:15:28Not happily, but I'd accept it.

00:15:30I see.

00:15:30That is your judgment of yourself?

00:15:32Ah, yes.

00:15:32And is it as valued as your judgment of others,

00:15:34that judgment which led you to choose,

00:15:37in your own words,

00:15:38rotten men?

00:15:39No, that's something else I didn't say.

00:15:40I didn't say I chose them.

00:15:42I said I signed them, which I did,

00:15:43but I didn't do the choosing.

00:15:44The board of directors did the choosing.

00:15:46Are you seriously suggesting

00:15:47you had no say in the matter?

00:15:48Oh, that's the truth.

00:15:50When I was taller,

00:15:51they wanted to sign.

00:15:51I said to the chairman...

00:15:52Oh, thank you, Mr. Gooden.

00:15:52No monologues, please.

00:15:55Now, the season finished

00:15:57for Fulton, Sir Rovers,

00:15:57on April the 28th of last year,

00:15:59although it was determined

00:16:00that the club would be relegated

00:16:01two weeks earlier.

00:16:02Is that correct?

00:16:03That's correct.

00:16:03And you were called in front of the board

00:16:05on Tuesday, May the 1st,

00:16:06and told that your contract

00:16:07would not be renewed?

00:16:08That's correct.

00:16:09Now, you've told my lordy friend

00:16:10at great length

00:16:11that you noticed the deterioration

00:16:13in the play of the three accused

00:16:14fairly early in the season.

00:16:16Now, at what point did you decide

00:16:18that this was not coincidence,

00:16:19but a dastardly plot?

00:16:21Oh, I became pretty sure

00:16:22they were in it together

00:16:23just after the Christmas games.

00:16:24And whom had you told about it

00:16:25prior to telling the board

00:16:26on May the 1st?

00:16:28No one.

00:16:29No one?

00:16:31Are you telling this court

00:16:32that you kept this important discovery

00:16:35to yourself for, what, four months?

00:16:38I told no one.

00:16:39Speak up, please.

00:16:40I said I told no one.

00:16:41But why not, Mr. Gruder?

00:16:42Because I couldn't be sure

00:16:43it would go no further.

00:16:45It doesn't take much

00:16:46to knock a club off its stride,

00:16:48particularly when it's coming

00:16:49from the manager.

00:16:49Everybody's watching him.

00:16:51Players, the board,

00:16:52the supporters, the press.

00:16:53And there was still a chance

00:16:54we could avoid relegation.

00:16:55I didn't want to lose that chance.

00:16:57Surely there were other steps

00:16:58you could have taken,

00:16:58like dropping the players in question.

00:17:00I did.

00:17:00I dropped Skelon once

00:17:01and Appledeen twice.

00:17:02That doesn't sound very drastic.

00:17:04It didn't have the required effect.

00:17:05The replacements

00:17:06didn't play well either.

00:17:07Oh, you're suggesting

00:17:08that these replacements

00:17:09were also part of this plot

00:17:10to bring you down?

00:17:11No, no, I'm not.

00:17:13Oh, they were allowed

00:17:13to fall short of perfection

00:17:15without your becoming suspicious,

00:17:17unlike the accused.

00:17:19I see.

00:17:20Miss Gruder,

00:17:21the charge against the accused

00:17:22is, is it not,

00:17:23that they conspire together

00:17:24to terminate your employment

00:17:25by failing to perform

00:17:26their own contract of service?

00:17:28That is correct.

00:17:28And conspiracy is a criminal offence,

00:17:30but failing to win a 50-50 ball,

00:17:33losing one's ability to pass,

00:17:35or putting the odd corner behind,

00:17:37are these criminal offences?

00:17:39No.

00:17:40No, however,

00:17:40strongly certain elements

00:17:41on the terraces

00:17:42might feel they should be.

00:17:44Mr. Gruder,

00:17:44have you yourself

00:17:45ever been present

00:17:46at any activity

00:17:47which would allow you

00:17:48to support

00:17:48this charge of conspiracy?

00:17:50No.

00:17:51No, you delayed

00:17:52airing your suspicions

00:17:53not to save the club,

00:17:54but because at the time

00:17:54you had no such suspicions.

00:17:56But realising that

00:17:58you were faced

00:17:58with the loss

00:17:59of a profitable job,

00:18:00due entirely to your own failure,

00:18:01you looked around

00:18:02for a scapegoat

00:18:03and you picked on

00:18:03the three accused.

00:18:04That isn't true.

00:18:05Mr. Gruder,

00:18:06what do you think

00:18:06is likely to happen to you

00:18:08if the accused

00:18:08are found not guilty

00:18:09of the charges

00:18:10laid against them?

00:18:11I don't know.

00:18:13Don't you, Mr. Gruder?

00:18:13Well, do you think

00:18:14it's likely that you

00:18:14will ever be offered

00:18:15a job in football management?

00:18:17No.

00:18:18Oh, come now, Mr. Gruder,

00:18:18it's a simple question

00:18:19do you consider it likely

00:18:21that under those circumstances

00:18:22you will ever be offered

00:18:23a job in football management?

00:18:26Possibly not.

00:18:27And how would that affect you?

00:18:29I'd, um...

00:18:30I'd be disappointed.

00:18:33You'd be disappointed.

00:18:34Just disappointed.

00:18:35Do you expect the court

00:18:36to believe that

00:18:36that would be

00:18:37the extent of your feelings?

00:18:38Well, I suggest to you,

00:18:39Mr. Gruder,

00:18:40that you would be devastated.

00:18:42And I further suggest,

00:18:43and this is borne out

00:18:43by the way in which

00:18:44you've given your evidence,

00:18:45that football is your life

00:18:47and that you want desperately

00:18:48to return to it

00:18:49and like all desperate men,

00:18:51you are willing,

00:18:51amongst other things,

00:18:52to lie.

00:18:53That is not true.

00:18:56Mr. Gruder,

00:18:58you told my learned friend

00:18:59that although you admitted

00:19:01signing some of the players,

00:19:02you did not necessarily

00:19:03choose them.

00:19:04Would you explain?

00:19:06Yes, well, um,

00:19:07it was one of my duties

00:19:08to draw up contracts

00:19:09with the club solicitor

00:19:10and be present

00:19:10when the players signed.

00:19:11Generally,

00:19:12the directors prefer

00:19:13to keep out of the picture.

00:19:13I drew up a statement

00:19:15for the press

00:19:15and I answered their questions

00:19:17if there were any.

00:19:18You could say that I,

00:19:19I represented the club

00:19:20at such times.

00:19:21So, it appeared

00:19:22as though you yourself

00:19:23were employing these new players,

00:19:24not only employing them,

00:19:26but happy to do so.

00:19:27Oh, yes,

00:19:28I always smile

00:19:28for the photographers.

00:19:30But you were not necessarily

00:19:31so happy with the events

00:19:32leading up to the signings.

00:19:34Ah, no, no.

00:19:36No, more often than not,

00:19:37directors have a pretty fair idea

00:19:39of what makes a footballer,

00:19:40but they also have the money

00:19:41which counts.

00:19:43But there are times

00:19:43when they make mistakes

00:19:44and I thought they made a mistake

00:19:45with both Scalhorn and Appledee.

00:19:47You see,

00:19:48directors don't always have

00:19:49a good idea

00:19:49of the player's background,

00:19:51his character.

00:19:52All they know

00:19:53is what they see on the field.

00:19:55And it's a very,

00:19:56very autocratic business,

00:19:57is this footballer.

00:19:58It's a lot of the us and them.

00:20:00But managers know players

00:20:02and they're the fellas I talk to.

00:20:04What had you heard

00:20:05about Scalhorn and Appledee?

00:20:06Oh, Scalhorn

00:20:07had been around a lot.

00:20:08I think we were his sixth club.

00:20:10You can't very well ask

00:20:11the manager who wants

00:20:11to sell him what he's like,

00:20:12but there are plenty of others

00:20:13and they all said the same thing.

00:20:14He's a big head.

00:20:15Good footballer,

00:20:16but a big head.

00:20:17And if you want to build up

00:20:17a team that wants to play

00:20:19with each other,

00:20:19you don't want the

00:20:20Barney Skelhons of this world.

00:20:22Same with Appledee.

00:20:23He was a troublemaker.

00:20:24He wanted to change football.

00:20:26He wanted the players

00:20:27to rule the game.

00:20:28Now, I'm not saying

00:20:29that professional football

00:20:30is perfect,

00:20:31but you change things gradually.

00:20:33Not the way he wanted to do it.

00:20:35He was an anarchist.

00:20:35And you conveyed your feelings

00:20:37about these players to the board

00:20:38when it was suggested

00:20:39they should be bought?

00:20:40Yes, I did.

00:20:41But apparently the members

00:20:42of the board were not impressed.

00:20:44Not enough.

00:20:45I think Mr. Gross

00:20:46was on my side,

00:20:47the late chairman,

00:20:48but Mr. Martindale,

00:20:49the present chairman,

00:20:49and two of the others

00:20:50voted for buying,

00:20:51so that was it.

00:20:53Finally, Mr. Gruder,

00:20:54my learned friend

00:20:55has suggested

00:20:56that you have lied

00:20:57to this court.

00:20:59Have you lied?

00:21:02No.

00:21:03No, I haven't.

00:21:04Thank you, Mr. Gruder.

00:21:05No further questions?

00:21:07Very well, Mr. Gruder.

00:21:09You may go.

00:21:11I call Margaret Skelhorn.

00:21:17Margaret Skelhorn, please.

00:21:19Would you tell the court

00:21:41your name and address, please?

00:21:43Margaret.

00:21:43My full name?

00:21:44Please.

00:21:45Margaret Mary Skelhorn,

00:21:4624 Rutherford Gardens,

00:21:48Fullchester.

00:21:49What is your marital status,

00:21:50Mrs. Skelhorn?

00:21:51I'm divorced.

00:21:53Is your ex-husband in court?

00:21:55Yes.

00:21:55Would you point him out to us?

00:21:58He is Bernard Skelhorn,

00:21:59one of the accused.

00:22:00Is that correct?

00:22:02Yes.

00:22:02You must speak up, please.

00:22:04The jury must be able

00:22:05to hear you.

00:22:06Yes, ma'am.

00:22:07Yes.

00:22:08Yes.

00:22:11How long have you been divorced?

00:22:12It was finalised in December.

00:22:14December 1972.

00:22:16I understand you have children.

00:22:18Yes, two.

00:22:18Diana, she's six,

00:22:19and Gary's four.

00:22:20I see.

00:22:21Who was granted custody

00:22:22of the children

00:22:23at the time of the divorce?

00:22:24Well, I was,

00:22:25but it was agreed

00:22:25that my ex-husband

00:22:27could see them

00:22:27at least one day every month.

00:22:29And you kept to this agreement?

00:22:31Oh, yes.

00:22:31I used to take them up there

00:22:33every fourth Sunday.

00:22:34I kept the house, you see,

00:22:35and he got one of those

00:22:36service flats at Mountjoy.

00:22:38We never stayed the old day.

00:22:40He never seemed to want them

00:22:41the old day.

00:22:42We get up there

00:22:43about ten o'clock,

00:22:44like I said,

00:22:44and we were nearly always

00:22:45home in time for our dinner.

00:22:46Were you on good terms

00:22:48with your ex-husband,

00:22:49Mrs. Skelhorn?

00:22:50Oh, no.

00:22:51But there was no point

00:22:52of being awkward about it.

00:22:53I'd talk to him, you know,

00:22:55and he'd talk to me.

00:22:56But if it hadn't been

00:22:57for the children,

00:22:57I wouldn't have gone near him.

00:23:01The case of the Queen

00:23:21against Appledean,

00:23:22MacIver,

00:23:23and Skelhorn

00:23:24will be resumed tomorrow

00:23:25in the Crown Court.

00:23:26In May 1973,

00:23:53Forchester Rovers

00:23:54were relegated

00:23:54from the second

00:23:55to the third division.

00:23:57As a result,

00:23:58the club did not renew

00:23:59the contract

00:23:59of its Polish-born manager,

00:24:01Alexander Gruda.

00:24:03Two months later,

00:24:03the football world

00:24:04was shocked

00:24:05by the news

00:24:06that three of Rovers'

00:24:07first-team players,

00:24:08Barney Skelhorn,

00:24:09Jim McIver,

00:24:10and Peter Appledean,

00:24:11had been charged

00:24:12with conspiring together

00:24:13to bring about

00:24:14the termination

00:24:14of Gruda's employment

00:24:15as Forchester manager

00:24:17by failing to perform

00:24:18their own contracts

00:24:19with the club.

00:24:21Mr. Gruda

00:24:21and his evidence

00:24:22alleged that all three men

00:24:23had played well below

00:24:24their capabilities

00:24:25for most of the season.

00:24:27He accused them

00:24:28of deliberately

00:24:28and maliciously

00:24:29plotting his downfall.

00:24:31Mr. Lotterby,

00:24:32counsel for the defendants,

00:24:33suggested in cross-examination

00:24:34that this action

00:24:35on Mr. Gruda's part

00:24:36was a deliberate attempt

00:24:38to save face,

00:24:39to shift the blame

00:24:40for failure,

00:24:41and to fight his way

00:24:42out of the wilderness

00:24:42and back into football.

00:24:45Mrs. Skelhorn,

00:24:46ex-wife of one of the accused,

00:24:47is now in the witness box.

00:24:48Now, Mrs. Skelhorn,

00:24:52I'd like you to

00:24:53cast your mind back

00:24:54if you can

00:24:55to Sunday,

00:24:56January the 21st, 1973.

00:24:58Did you take your children

00:24:59to see your ex-husband

00:25:00on that day?

00:25:01Yes, I did.

00:25:02I got up there

00:25:02about ten o'clock

00:25:03as usual.

00:25:04And what did you find there?

00:25:05Well, the place

00:25:06was in a tip.

00:25:07There were breakfast pots

00:25:08all over the table

00:25:09and it stunk

00:25:10a high oven of tobacco smoke.

00:25:11Who was there?

00:25:12My ex-husband,

00:25:14Peter Appeldean

00:25:15and Jim McIver.

00:25:16They were known to you already,

00:25:17McIver and Appeldean?

00:25:18Oh, yes.

00:25:19And what were they doing

00:25:21when you arrived there?

00:25:22Well, they didn't seem

00:25:23to be doing anything special.

00:25:25They looked as if

00:25:26they'd been sitting around talking.

00:25:27Oh, and they'd started drinking.

00:25:29Drinking?

00:25:30Vodka.

00:25:30Barney always drank vodka.

00:25:32He read somewhere

00:25:32you couldn't smell it

00:25:33on your breath.

00:25:34Taking it from this point,

00:25:36would you tell the court

00:25:37what happened

00:25:38on the occasion of this visit?

00:25:40Yes.

00:25:41Barney asked me

00:25:42if I'd like a drink

00:25:43and I said

00:25:43I wouldn't mind

00:25:44a cup of coffee

00:25:45so he said

00:25:46I could make one

00:25:46for all of them

00:25:47while I were at it.

00:25:47I see.

00:25:48Go on.

00:25:49Well, I went into the kitchen

00:25:50and started rooting around

00:25:51for cups and things

00:25:52and as soon as my back was turned

00:25:54they started talking again

00:25:55and it sounded as if

00:25:56they were carrying on

00:25:57with what they'd been

00:25:58talking about before.

00:25:59You could hear them

00:25:59quite clearly, could you?

00:26:01Oh, yes.

00:26:02Would you explain to the court

00:26:04exactly how?

00:26:05Well, there wasn't a door

00:26:07as such on the kitchen

00:26:08not a proper one

00:26:09there was just one

00:26:10of these things

00:26:10like they have in westerns

00:26:11so every word they said

00:26:12Excuse me for rupting

00:26:14but what are these things

00:26:16they have in westerns?

00:26:18Well, they're like

00:26:18half doors

00:26:19with a big gap at the top

00:26:21and a small gap at the bottom

00:26:22and they're like swing.

00:26:23Ah, yes.

00:26:24Normally found in saloons,

00:26:26my lord.

00:26:27So I believe.

00:26:29And you were able to hear

00:26:30quite plainly

00:26:31what the accused were saying?

00:26:33Oh, yes, my lord.

00:26:34And can you remember

00:26:35what was said?

00:26:36Well, I can remember

00:26:37the gist of it.

00:26:38Peter Appeldean

00:26:39was doing most of the talking

00:26:40and he said

00:26:41how they'd have to be careful

00:26:43when they played United

00:26:44on Saturday

00:26:44in case they made it

00:26:46too obvious

00:26:47and how United

00:26:48weren't having a very good time

00:26:49at the moment

00:26:50and how they'd have

00:26:51to help him along.

00:26:53And then, oh, yes.

00:26:54Then he said

00:26:55it would be a good idea

00:26:56if Jim upended

00:26:57one of their players

00:26:58in the box.

00:26:59And what does that mean

00:27:00precisely, Mrs. Scalhorn?

00:27:02It means if he tripped

00:27:03one of their players

00:27:03in the penalty area.

00:27:05And what would the result

00:27:05of that be?

00:27:06Well, the other side

00:27:07would get a penalty

00:27:08and they score more often

00:27:09than not from penalties.

00:27:10I see.

00:27:12Did you hear anything else?

00:27:13Yes, Barney said something.

00:27:15He said

00:27:15we'd better be careful

00:27:16or we'll not only

00:27:17get rid of our friend

00:27:18but we'll end up

00:27:20back amongst the rags.

00:27:21And then Peter said

00:27:22yes, we don't want

00:27:23to be too good

00:27:24and Jim said

00:27:25you mean too bad

00:27:25and they all laughed.

00:27:27Then I shouted in

00:27:28from the kitchen

00:27:28and I think they must have

00:27:29realised that if they

00:27:30could hear me

00:27:30I could hear them.

00:27:32Anyway, they were

00:27:32quiet enough after that.

00:27:34Did they say anything

00:27:35to you?

00:27:36Did they try to find out

00:27:37if you had heard?

00:27:38No, nothing.

00:27:39But they weren't

00:27:39exactly nervous.

00:27:42Well, yes,

00:27:42I suppose you could

00:27:43say nervous.

00:27:44They never said

00:27:45out more about it.

00:27:47How long were you there?

00:27:48Oh, I was there

00:27:49a couple of hours.

00:27:50We all had this

00:27:51cup of coffee

00:27:51and kids had

00:27:53some orange juice

00:27:54and Barney

00:27:54and the other two

00:27:55they played with Gary

00:27:56for a bit.

00:27:57Diana, she sat with me.

00:27:58She didn't like going much.

00:27:59There wasn't all

00:27:59that much there for her.

00:28:00Then about 12 o'clock

00:28:02we all went home.

00:28:04Were the accused

00:28:04still there

00:28:05when you left?

00:28:06Oh, yes,

00:28:07all three of them.

00:28:08And you took the children

00:28:09to see your ex-husband

00:28:11at regular intervals

00:28:12since then?

00:28:12Yes.

00:28:13Well, up till

00:28:14a couple of months ago

00:28:15my mother started

00:28:16taking them then.

00:28:18I hadn't seen

00:28:18my ex-husband

00:28:19since then.

00:28:20Till today.

00:28:21On the occasions

00:28:22when you did go

00:28:23did you hear

00:28:23any more conversations

00:28:24along the lines

00:28:25you've already described?

00:28:26Oh, no, not about that.

00:28:27He was nearly always

00:28:27by himself.

00:28:28Except once

00:28:29when he was with

00:28:30Peter Appeldean

00:28:30but they never said

00:28:31anything,

00:28:32not about that.

00:28:33Now, Mrs. Scalhorn,

00:28:33I want you to listen

00:28:34carefully to my question

00:28:35and I want your reply

00:28:36to be equally careful.

00:28:38During the period

00:28:39between your divorce

00:28:40becoming absolute

00:28:41and the present day

00:28:42did you observe

00:28:44anything which indicated

00:28:45what your ex-husband

00:28:46felt

00:28:47towards Mr. Gruder?

00:28:49Oh, yes,

00:28:50there was one time.

00:28:51It was a Friday night

00:28:52sometime in March.

00:28:54I was at the Lido Club

00:28:55with a girlfriend

00:28:56and at about

00:28:57eleven o'clock

00:28:58in walks Barney

00:28:59and the other two

00:29:00with a crowd of girls.

00:29:02I remember telling

00:29:03my girlfriend

00:29:03at the time

00:29:04they'd get into trouble

00:29:05because Mr. Gruder

00:29:06likes the players in bed

00:29:06half past ten night

00:29:07before a match.

00:29:08Still, it weren't

00:29:09any of my business anymore

00:29:10and they were quiet enough

00:29:11and then about

00:29:13half past eleven

00:29:14in walks Mr. Gruder

00:29:15with Mr. Thomasin.

00:29:16He's the trainer.

00:29:18They walked straight

00:29:18up to the table

00:29:19where Barney

00:29:20and the other two

00:29:20were sitting

00:29:20and they told him

00:29:21to go.

00:29:22You could hear this?

00:29:23Well, no,

00:29:24I couldn't hear it

00:29:24but he pointed to the door.

00:29:25It was quite obvious.

00:29:26And what happened then?

00:29:27They didn't go.

00:29:28They just sat there.

00:29:30You could tell

00:29:30Mr. Gruder

00:29:31was trying to keep it quiet

00:29:32but a row broke out.

00:29:34I couldn't hear

00:29:34exactly what they were saying

00:29:35but I heard Jim McIver

00:29:37shout sod off once.

00:29:39Mostly it was a sort

00:29:40of a blur though.

00:29:41Anyway, after about

00:29:42ten minutes

00:29:43argy-bargy

00:29:43they all got up

00:29:44and left.

00:29:45Skelhorn, Appledean

00:29:46and McIver.

00:29:47Yes.

00:29:47How did they look

00:29:48when they left?

00:29:49Did they take it well?

00:29:50They did not.

00:29:51They looked black as thunder.

00:29:53And that's the only occasion

00:29:54of this nature

00:29:55you can recall?

00:29:56Oh, there were plenty

00:29:57of times before then

00:29:58when...

00:29:58Mrs. Skelhorn,

00:29:59we are only interested

00:30:00in what you saw

00:30:01and heard

00:30:02after you ceased

00:30:03to be married

00:30:04to the accused

00:30:05Bernard Skelhorn.

00:30:06Now, is that clear?

00:30:07Yes, my lord.

00:30:08Miss Lewis,

00:30:09you must phrase

00:30:09your questions carefully

00:30:10as I am sure

00:30:11you are aware

00:30:12when we are imprecise

00:30:14with this witness

00:30:15we are treading

00:30:15on dangerous ground.

00:30:17Yes, my lord.

00:30:18In fact,

00:30:18I have no further questions.

00:30:21Mrs. Skelhorn,

00:30:22when you overheard

00:30:23your ex-husband

00:30:24and the other two

00:30:25plotting,

00:30:25what did you do?

00:30:26Nothing.

00:30:27Why not?

00:30:28Well, it didn't sink in

00:30:29at the time.

00:30:30Oh, I see.

00:30:31When did you first

00:30:31tell someone about it?

00:30:33Well, I can't remember

00:30:34the day exactly.

00:30:34It was beginning of May,

00:30:36I think, or Tuesday.

00:30:37Anyway, the phone rang

00:30:38at nine,

00:30:39at night that was,

00:30:40and it was Doreen Pullitson,

00:30:41that's Mick Pullitson's wife.

00:30:43He's the captain

00:30:43of Fulchester Rovers.

00:30:45Anyway, she said

00:30:46that Mr. Groder

00:30:46had been sacked

00:30:47and had I heard

00:30:48and I said I hadn't.

00:30:49Was that the word

00:30:49she used, sacked?

00:30:51Yes, I think it was.

00:30:52Yes, I'm sure it was.

00:30:54Did she say anything else?

00:30:55Yes, she said

00:30:56that Mr. Groder

00:30:57had rung them,

00:30:57her husband that is,

00:30:58as soon as he'd come

00:30:59out of the boardroom.

00:31:01They were very upset.

00:31:02What was your reaction

00:31:03to the news?

00:31:04Well, I was upset too.

00:31:06He was a very nice man,

00:31:07Mr. Groder,

00:31:08and didn't sound

00:31:09as if he'd had

00:31:09a very fair deal.

00:31:10Oh, could you explain that?

00:31:11Why didn't it sound

00:31:12as if he'd had

00:31:12a very fair deal?

00:31:14Well, after I'd spoken

00:31:15to Doreen,

00:31:15I had a few words

00:31:16with Mick,

00:31:17and he said

00:31:17how some of the players

00:31:18had let Mr. Groder down,

00:31:20and he was very sorry

00:31:21to say that Barney,

00:31:23my ex-husband,

00:31:23was one of them.

00:31:25He said he had proof,

00:31:26and he was going round

00:31:26to see him next day.

00:31:28I see.

00:31:29Go on.

00:31:30Well, I came off the phone,

00:31:31and I made myself

00:31:32a cup of coffee,

00:31:32and sat down,

00:31:33and I started thinking.

00:31:35And suddenly,

00:31:35I began to remember

00:31:36that Sunday morning

00:31:37at Barney's.

00:31:38And the more I thought about it,

00:31:40the more important it got.

00:31:42So I popped round

00:31:43to my mother's,

00:31:43she lives next door,

00:31:44but two,

00:31:44and I asked her

00:31:45if she'd look after

00:31:45the children,

00:31:46and I went straight round

00:31:47to Mr. Groder's.

00:31:48What time was this?

00:31:49Oh, it'd be about

00:31:50ten o'clock time I got there.

00:31:51Ten o'clock?

00:31:52Well, didn't you consider

00:31:53it might be rather late

00:31:54to go to see Mr. Groder

00:31:54at his hotel room,

00:31:55I take it?

00:31:57Yes, it was at his hotel.

00:31:58I wouldn't normally have gone,

00:32:00except I wanted to

00:32:00get it off my chest.

00:32:02I see.

00:32:02What did Mr. Groder say?

00:32:04Well, he thanked me

00:32:05for coming,

00:32:06and he said,

00:32:07would I repeat

00:32:07what I'd heard?

00:32:08And I said I would,

00:32:09and I left.

00:32:10Mm-hmm.

00:32:11Mr. Skelland,

00:32:12what happened to you

00:32:13on June the 4th, 1973?

00:32:15I don't know.

00:32:18August the 7th?

00:32:19No idea.

00:32:20Well, let's get a little

00:32:21nearer to the present time,

00:32:22shall we?

00:32:24December the 17th.

00:32:25What did you do

00:32:25on December the 17th?

00:32:27If it helps,

00:32:28it was a Monday.

00:32:30Oh, well, I'd wash, I suppose.

00:32:32You'd wash, you suppose.

00:32:33Mrs. Skelland,

00:32:34don't you find it odd

00:32:35that you can't remember

00:32:36the events of a day in December,

00:32:37a day in August,

00:32:38a day in June,

00:32:38and yet when my learned friend

00:32:39mentions a Sunday of January

00:32:41the 21st of last year,

00:32:42you not only remembered

00:32:43where you went that day,

00:32:44but practically everything

00:32:46that was said.

00:32:47Oh, I see.

00:32:48Oh, Mrs. Skelland,

00:32:49because I don't.

00:32:50Was there something

00:32:51particularly odd

00:32:51about that day?

00:32:52It was Gary's birthday.

00:32:53My son,

00:32:54it was his fourth birthday.

00:32:56I see.

00:32:57Well, that might,

00:32:58that might explain

00:32:59why you remembered

00:33:00going where you did that day,

00:33:01but does it really explain

00:33:02how you came to recall

00:33:03so vividly

00:33:04the conversation

00:33:05between the three accused?

00:33:06I've got a very good memory.

00:33:08Oh, I see.

00:33:08But yet referring

00:33:09to the telephone call

00:33:10from Mrs. Pollitzen,

00:33:11you say,

00:33:11I can't remember

00:33:13the day exactly.

00:33:14It was the beginning of May,

00:33:16and I think it was a Tuesday,

00:33:18and your visit

00:33:19to the nightclub

00:33:20was sometime in March,

00:33:22a Friday night.

00:33:23I'm not very good at dates.

00:33:24Conversations I can remember,

00:33:26the things people say.

00:33:27Everything people say,

00:33:28or just some things?

00:33:29Oh, not everything,

00:33:30just important things.

00:33:31Ah, important things.

00:33:33Mrs. Skelland,

00:33:34living as you have done

00:33:35for some years

00:33:36in the world of football,

00:33:37you must have heard

00:33:38many arguments,

00:33:39debates,

00:33:40learned dissertations

00:33:41on the game.

00:33:42Are these all important to you?

00:33:44Oh, no.

00:33:44They bore me to tears.

00:33:46Really?

00:33:46But surely this talk

00:33:48between the three accused,

00:33:49which you say took place

00:33:50on January the 21st,

00:33:51was about football?

00:33:53Oh, not just about football.

00:33:55It was about

00:33:55what they were going to do

00:33:56to Mr. Gruder.

00:33:57Oh, to Mr. Gruder?

00:33:59Oh, do forgive me.

00:34:00I must have misheard.

00:34:01You say his name

00:34:02was mentioned

00:34:02on that occasion?

00:34:04Oh, no,

00:34:04his name wasn't mentioned,

00:34:05but they were talking about him.

00:34:07It's obvious now,

00:34:07isn't it?

00:34:10Mrs. Skelland,

00:34:10are you telling this court

00:34:12that as you stood

00:34:12in a kitchen

00:34:13making coffee

00:34:14on the morning of Sunday,

00:34:15January the 21st,

00:34:16you said to yourself,

00:34:17I am listening

00:34:18to a conversation

00:34:19which will become important

00:34:20on the evening

00:34:21of Tuesday, May the 1st.

00:34:22Is that what you're

00:34:22trying to tell us?

00:34:23No, of course I'm not.

00:34:24I wish you'd try

00:34:25to tell us something,

00:34:26Mrs. Skelland,

00:34:26because on the one hand

00:34:27you only remember

00:34:28important conversations,

00:34:29and yet on the other hand

00:34:30you remember

00:34:31an incident

00:34:32which you recalled

00:34:33most vividly,

00:34:34mentioning it

00:34:34in these words,

00:34:36and I'm not remembering

00:34:37them, Mrs. Skelland,

00:34:38I've got them written down.

00:34:40And suddenly

00:34:40I began to remember

00:34:42what I'd heard

00:34:42at Barneys

00:34:43that Sunday morning,

00:34:44and the more I thought

00:34:45the more important

00:34:47it got.

00:34:48It was important in May,

00:34:50but it wasn't important

00:34:51in January,

00:34:51and yet you remembered it.

00:34:52I did remember.

00:34:54Did you, Mrs. Skelland?

00:34:55Did you?

00:34:57Is it not a fact

00:34:58that this alleged conversation

00:34:59only achieved importance

00:35:00on May the 1st,

00:35:01or would it be truer

00:35:02to say that it was

00:35:03only born on that date

00:35:04because it is a fiction

00:35:05concocted by yourself

00:35:07and Mr. Gruder

00:35:08to support his allegations

00:35:09against the accused?

00:35:10No!

00:35:10Why should I do that?

00:35:13Why indeed.

00:35:13Now, you say

00:35:16you arrived

00:35:17at Mr. Gruder's

00:35:18hotel room

00:35:18at 10 o'clock.

00:35:20Is that correct?

00:35:21Yes.

00:35:22What time did you leave?

00:35:25I can't remember.

00:35:26What time did you leave,

00:35:27Mrs. Skelland?

00:35:29Answer the question.

00:35:31About 3 o'clock.

00:35:33In the morning?

00:35:35Yes.

00:35:43Well, do you know,

00:35:45Mr. Gruder?

00:35:46Um, not very well.

00:35:48Not very well.

00:35:49Tell me, Mrs. Skelland,

00:35:50how did you pass the time,

00:35:51a great deal of time,

00:35:52five hours of time

00:35:53in the middle of the night

00:35:54in a hotel bedroom

00:35:55with a man you knew

00:35:56not very well?

00:35:56My Lord,

00:35:57I really must protest

00:35:58at this line of questioning.

00:35:59I'm merely demonstrating,

00:36:00my Lord,

00:36:00that a relationship exists

00:36:02between Mrs. Skelland

00:36:03and the previous witness

00:36:04which puts the evidence

00:36:05in an entirely new light.

00:36:06I'm sure that is evident

00:36:07to both sides.

00:36:09Your objection has no foundation,

00:36:11Miss Lewis,

00:36:11and I would be obliged

00:36:12if you would refrain

00:36:13from time-wasting.

00:36:15Continue, please,

00:36:16Mr. Latterby.

00:36:17Thank you, my Lord.

00:36:17Would you like me

00:36:18to repeat the question,

00:36:19Mrs. Skelland?

00:36:20No.

00:36:21We talked.

00:36:22You talked for five hours?

00:36:23You repeated a conversation

00:36:25of what,

00:36:25three or four sentences to him?

00:36:26He thanked me

00:36:27and asked me

00:36:28if I'd repeat

00:36:28what I told him if necessary

00:36:29and I said I would

00:36:30and I left.

00:36:31You expect the court

00:36:32to believe that

00:36:33took five hours?

00:36:34He was upset.

00:36:35In need of comfort,

00:36:35was he, Mrs. Skelland?

00:36:36Yes!

00:36:37Who better to have

00:36:38in his hotel bedroom

00:36:39than yourself?

00:36:41Mrs. Skelland,

00:36:42where were you

00:36:42on the night of November

00:36:43the 3rd, 1972?

00:36:45Oh, but of course

00:36:46you have a bad memory

00:36:46for dates.

00:36:47Well, I'll tell you,

00:36:48you were in Newcastle

00:36:49on Tyne,

00:36:49visiting friends.

00:36:50You stayed the night.

00:36:51Now, Mr. Gruder,

00:36:52as it happens,

00:36:53was watching a football match

00:36:54in the same city.

00:36:55He stayed the night.

00:36:56On December the 6th,

00:36:57the same year,

00:36:58you visited friends

00:36:59in Liverpool.

00:37:00You stayed the night.

00:37:01Mr. Gruder was watching

00:37:02a football match

00:37:02in the same city.

00:37:03He stayed the night.

00:37:04On January the 6th...

00:37:04Do you wish me to continue,

00:37:06Mrs. Skelland?

00:37:06It isn't true!

00:37:08It isn't true!

00:37:10What isn't true,

00:37:11Mrs. Skelland?

00:37:13I suggest that you

00:37:14and Mr. Gruder

00:37:15have been on the most

00:37:15intimate terms

00:37:16for at least 18 months

00:37:18prior to his leaving

00:37:19Fultus of Rovers,

00:37:20and I suggest that

00:37:20on the night of May the 1st,

00:37:22you visited Mr. Gruder

00:37:23at his hotel,

00:37:24and that between you,

00:37:25you concocted this tissue

00:37:26of lies,

00:37:26which under oath

00:37:27you have told this court.

00:37:28And I further suggest

00:37:29that you did so

00:37:30for the two best motives

00:37:31known to your sex,

00:37:32your love for one man

00:37:33and your hatred

00:37:34for another.

00:37:38Mrs. Skelland,

00:37:39how would you describe

00:37:41your relationship

00:37:42with Mr. Gruder?

00:37:44We were friends.

00:37:45You had, of course,

00:37:46met him many times socially.

00:37:48Yes.

00:37:50Now, is there any truth

00:37:51in this suggestion

00:37:52that you were

00:37:52on intimate terms

00:37:53with Mr. Gruder?

00:37:54No.

00:37:55Or that you and he

00:37:57concocted this story

00:37:58about the visit

00:37:59to your ex-husbands?

00:38:00No.

00:38:01Thank you, Mrs. Skelland.

00:38:02That's all.

00:38:04Very well.

00:38:04You may leave

00:38:05the witness box.

00:38:07I call Michael Pollitson.

00:38:23Mr. Pollitson,

00:38:24you are club captain

00:38:25of Fulchester Rovers,

00:38:26are you not?

00:38:26Yes, that's right.

00:38:27How would you assess

00:38:28Mr. Gruder

00:38:29as a manager?

00:38:30I've always found him

00:38:31very fair.

00:38:32He works hard himself

00:38:33and expects everyone

00:38:33else to work hard.

00:38:34Well, tactically,

00:38:35I think he's a good manager.

00:38:36His briefings are always

00:38:37spot on,

00:38:37what he tells you

00:38:38about the other side.

00:38:39Were there weaknesses

00:38:39in that?

00:38:40Would you think him

00:38:41a man capable

00:38:41of telling lies

00:38:42to save his own skin?

00:38:44Possibly sending

00:38:45the three accused

00:38:46to prison

00:38:46by telling those lies?

00:38:47No, I wouldn't.

00:38:48I've always found him

00:38:49very honest.

00:38:50Now, Mr. Pollitson,

00:38:51let us turn

00:38:52to the three accused.

00:38:53Skellhorn,

00:38:54MacIver,

00:38:54and Appledean.

00:38:56How would you assess

00:38:56their play

00:38:57during the 1972-73 season?

00:39:00Ropey, I'd say.

00:39:01They played well below par,

00:39:02all three of them,

00:39:02for most of the season.

00:39:04Well, except MacIver,

00:39:05I think he started

00:39:05to try again

00:39:06about end of March,

00:39:07beginning of April,

00:39:08but he was a bit desperate

00:39:09and he was never

00:39:09at his best

00:39:10when he was desperate.

00:39:11Still, he was trying.

00:39:12What would you say

00:39:13that the three accused

00:39:15were well disposed

00:39:16towards Mr. Gruder?

00:39:18I'd say they

00:39:18hated his guts, myself.

00:39:20They hated his guts?

00:39:21Why?

00:39:22Well, they didn't like

00:39:23discipline for a start.

00:39:24They liked clubbing it

00:39:24and Mr. Gruder

00:39:25put the blocks on that

00:39:25right from the start.

00:39:27Oh, yeah,

00:39:27then Appledean

00:39:28got this offer of,

00:39:29well, quite a lot of money

00:39:30to write articles

00:39:31for the Gazette

00:39:31and Mr. Gruder

00:39:32put a stop to that.

00:39:33Well, there was a clause

00:39:33in the contract

00:39:34and he made him stick to it.

00:39:35I see.

00:39:36Now, Mr. Pollitson,

00:39:37would you tell the court

00:39:37where you were

00:39:38on the evening of

00:39:39January the 27th, 1973?

00:39:42Yeah, in the bar

00:39:43of the club.

00:39:43And was anybody else there

00:39:45whom you see

00:39:45in this court today?

00:39:47Yes, they were.

00:39:48The defendants.

00:39:49And they were often there,

00:39:50were they not?

00:39:50More often than not,

00:39:51I'd say.

00:39:52Yes.

00:39:53Now, did you hear

00:39:53a conversation between

00:39:54the defendants

00:39:55and anyone else?

00:39:56Yes, they were talking

00:39:57to George Pinnock.

00:39:58Who is that?

00:39:59Oh, the captain

00:40:00of the opposing team.

00:40:00I see.

00:40:01And would you tell the court

00:40:02what it was that you heard?

00:40:04Yeah, well, it was like this.

00:40:06They came over to Pinnock

00:40:07and congratulated him

00:40:08on scoring a penalty

00:40:09against us.

00:40:10It was the winning goal,

00:40:10in fact.

00:40:11We lost the match, 1-0.

00:40:12They congratulated Pinnock

00:40:14on scoring the winning goal

00:40:15from a penalty.

00:40:17Isn't this rather

00:40:18unusual behaviour?

00:40:19Yeah, it struck me

00:40:20like that too,

00:40:20so I pricked up my ears.

00:40:22Well, then Pinnock said

00:40:22that it was more than

00:40:23his life was worth

00:40:24to have missed

00:40:24and that he would have been

00:40:26severely disciplined

00:40:27by his manager.

00:40:28And then Appaldean

00:40:29said that he should

00:40:30get rid of the manager

00:40:31if that was the type

00:40:31of little Hitler

00:40:32that he was

00:40:32and that if you knew how

00:40:34it was as easy as pie.

00:40:36Oh, and then Skelhorn

00:40:37said that if Pinnock

00:40:38got rid of the manager

00:40:39there'd be another one

00:40:40going cheap.

00:40:41He said he should

00:40:42get rid of the manager

00:40:43and if you knew how

00:40:44it was as easy as pie.

00:40:47Now, Mr. Pollison,

00:40:48did you get the impression

00:40:49that this was said

00:40:49in earnest

00:40:50or as some kind

00:40:51of light-hearted repitee?

00:40:53Oh, no, they were

00:40:54serious, all right.

00:40:54You only had to look

00:40:55at their faces.

00:40:57Now, as club captain

00:40:59you and your wife

00:41:00are responsible for

00:41:00much of the social life

00:41:01of the club,

00:41:02is that correct?

00:41:02Yeah, that's right.

00:41:04Are you aware

00:41:05of any relationship

00:41:06which exists

00:41:07or existed

00:41:08between Mr. Gruder

00:41:09and Mrs. Skelhorn

00:41:10beyond the normal

00:41:11relationship

00:41:12between a manager

00:41:13and the wife

00:41:14of one of his players?

00:41:15No.

00:41:16Thank you, Mr. Pollison.

00:41:17Mr. Pollison,

00:41:20how old are you?

00:41:2131.

00:41:22Getting towards

00:41:23the end of the road?

00:41:24I've got a few years

00:41:25of me yet.

00:41:26Let's hope so.

00:41:27You enjoy being

00:41:28club captain?

00:41:28Yes.

00:41:29Playing first team football?

00:41:30Yeah.

00:41:31Are you aware

00:41:32that for some time

00:41:32certain elements

00:41:33of the board

00:41:34have wished

00:41:34to relieve you

00:41:35of the captaincy

00:41:36and indeed to drop you

00:41:37from the first team

00:41:38altogether?

00:41:39Well, no.

00:41:40Mr. Gruder

00:41:40was your champion

00:41:41on these occasions

00:41:42and it was only

00:41:42at his insistence

00:41:43that you kept

00:41:44the captaincy

00:41:44and your place

00:41:45on the team.

00:41:46No, I'd heard

00:41:47rumours.

00:41:48You'd heard rumours.

00:41:49Did you believe them?

00:41:50Well, Mr. Gruder

00:41:51always had faith in me.

00:41:52Yes, yes.

00:41:53He brought you

00:41:53with him

00:41:54from his previous

00:41:54club, didn't he?

00:41:56Yes.

00:41:56So he would be

00:41:57anxious to justify

00:41:57his action

00:41:58by continuing

00:41:58to play you

00:41:59in the first team.

00:42:00I didn't let him down.

00:42:01I beg your pardon?

00:42:02What was that?

00:42:03I said I didn't

00:42:03let him down.

00:42:04Indeed you didn't

00:42:04and you're not

00:42:05letting him down now,

00:42:06are you?

00:42:06You're showing

00:42:06how grateful you are,

00:42:07aren't you,

00:42:08for coming here

00:42:08and telling a few lies

00:42:09on his behalf.

00:42:10Lies like this conversation

00:42:11you pretend to have

00:42:12overheard between

00:42:12George Pinnock

00:42:13and the defendants.

00:42:15Tell me,

00:42:16Mr. Polletson,

00:42:17on the occasion

00:42:17of that conversation

00:42:18was the bar crowded?

00:42:20Fairly.

00:42:21Fairly.

00:42:21Only fairly crowded

00:42:22after a match.

00:42:23Oh come,

00:42:23Mr. Polletson,

00:42:24it was packed,

00:42:25wasn't it?

00:42:26Well, I suppose

00:42:26you could say that.

00:42:27Yes,

00:42:28and yet you heard

00:42:28this conversation

00:42:29so clearly

00:42:29as to have

00:42:30almost total recall.

00:42:32Oh yes,

00:42:33and Mr. Polletson,

00:42:35haven't you ever

00:42:36congratulated

00:42:36a member

00:42:37of the opposing team

00:42:38on his play?

00:42:39Well, perhaps,

00:42:40once or twice.

00:42:41Yes,

00:42:41it's something

00:42:42called sportsmanship,

00:42:42isn't it?

00:42:43Fairly common occurrence,

00:42:45I'd have hoped.

00:42:45It was a tone

00:42:45of their voice,

00:42:46the way they said it.

00:42:46There was nothing

00:42:47sportsmanlike about it.

00:42:48Mr. Polletson,

00:42:49you just said

00:42:50a moment ago

00:42:50that you could only

00:42:51tell the tone

00:42:52of the conversation

00:42:52by the looks

00:42:53on their faces.

00:42:55No, Mr. Polletson,

00:42:56I suggest

00:42:57that you have

00:42:58deliberately placed

00:42:59a sinister interpretation

00:43:00on a perfectly

00:43:01innocuous conversation.

00:43:02And I suggest

00:43:03that this is just

00:43:04part of your gentleman's

00:43:05agreement

00:43:05with Mr. Gruder.

00:43:06He helps you out

00:43:07in the boardroom,

00:43:08you help him out

00:43:08in the court.

00:43:09I have only told

00:43:10the truth.

00:43:11Come now,

00:43:11Mr. Polletson,

00:43:11you must have been

00:43:12a little grateful

00:43:13for, weren't you

00:43:13grateful to Mr. Gruder

00:43:14for standing by you

00:43:15so loyally?

00:43:16Yes, of course I was.

00:43:17Yes, thank you,

00:43:18Mr. Polletson.

00:43:19Any further questions?

00:43:20No re-examination,

00:43:21my lord.

00:43:22Very well then,

00:43:22you may leave

00:43:23the witness, Mark.

00:43:25That concludes

00:43:27the case

00:43:28for the prosecution,

00:43:28my lord.

00:43:30Mr. Latterby?

00:43:32Please,

00:43:33your lordship,

00:43:33I should like

00:43:34to call the accused

00:43:35in the following order,

00:43:36Skelhorn,

00:43:36MacIver,

00:43:37Appledean.

00:43:38Very well.

00:43:38A burner Skelhorn,

00:43:39please.

00:43:41What is your religion?

00:43:55A CV.

00:43:56Take the book

00:43:56in your right hand

00:43:57and read aloud

00:43:58the words on this card.

00:43:59I swear by almighty God

00:44:00that the evidence

00:44:01I shall give

00:44:01shall be the truth,

00:44:02the whole truth

00:44:02and nothing but the truth.

00:44:04Is your name

00:44:04Bernard Skelhorn

00:44:05and do you live

00:44:05at flat 4 Maple Court,

00:44:06Mount Troy Avenue,

00:44:07Fultesville?

00:44:08Yes.

00:44:09What do you do

00:44:09for a living?

00:44:10I'm a professional footballer.

00:44:11Every sense of the word?

00:44:13Yes.

00:44:14Now, you've heard

00:44:14all the evidence

00:44:15given by the prosecution

00:44:16witnesses in this case.

00:44:17If you could describe

00:44:18that evidence

00:44:19in one word,

00:44:20what would that word be?

00:44:22Well, I know the word

00:44:23I'd like to use,

00:44:24but rubbish, rubbish.

00:44:27Yes, well,

00:44:28I think we can

00:44:28sweep it all up

00:44:29quite quickly.

00:44:30Now, Mr. Skelhorn,

00:44:31have you at any time

00:44:32entered into a conspiracy

00:44:33with MacIver and Appeldean?

00:44:35No.

00:44:36Supposing that this conspiracy

00:44:37had been formed

00:44:38and that the alleged actions

00:44:39had been taken

00:44:40resulting in failure

00:44:41and ultimate relegation,

00:44:42what would have been

00:44:43in it for you?

00:44:45Well, third division football

00:44:46instead of second.

00:44:47Less chance of being picked

00:44:48for representative games,

00:44:50lower standard of living.

00:44:51Yes, well,

00:44:51I don't think we need

00:44:52to go any further.

00:44:52It was hardly in your interests

00:44:53to act in the way alleged.

00:44:55Hardly.

00:44:57Now, Mr. Skelhorn,

00:44:58would you describe

00:44:58the relationship

00:44:59between your ex-wife

00:45:01and Mr. Gruder

00:45:01as friendly?

00:45:03Yeah, I would.

00:45:04Very, very friendly.

00:45:07Now, to your knowledge,

00:45:08do they see

00:45:08a great deal of each other

00:45:09after the breakup

00:45:10of your marriage?

00:45:11Oh, yeah.

00:45:12Well, the lads were always

00:45:12telling me they'd seen

00:45:13him up and down the town.

00:45:14Mr. Skelhorn,

00:45:15that is hearsay.

00:45:16We are only interested

00:45:17in what you yourself

00:45:18saw and heard,

00:45:19not what other people

00:45:20have told you

00:45:21that they saw and heard.

00:45:23Members of the jury

00:45:24will disregard that remark.

00:45:25That was mere gossip.

00:45:28Could I ask you,

00:45:29Mr. Skelhorn,

00:45:29if you yourself

00:45:30had seen your ex-wife

00:45:31and Mr. Gruder

00:45:32together?

00:45:33Oh, yeah.

00:45:34Yeah, I knocked into them

00:45:35in a pub in the town

00:45:35a couple of times

00:45:36and, yes,

00:45:37they were at Wembley

00:45:38together for the cup final

00:45:39and I saw them there.

00:45:42Now, if I may turn

00:45:43to Mr. Pollitson's evidence

00:45:44regarding a conversation

00:45:45he says he'd overheard

00:45:46between a George Pinnock

00:45:48and yourself,

00:45:48can you recall

00:45:49this conversation?

00:45:51No, I can't

00:45:51because it never happened.

00:45:53Why should Mr. Pollitson

00:45:54say that it did?

00:45:56No idea.

00:45:57Well, mind you,

00:45:57him and George Pinnock

00:45:58are great mates.

00:45:59You know,

00:45:59the same school,

00:46:00same youth team.

00:46:01They've known each other

00:46:01for years.

00:46:02Oh, I see.

00:46:04Thank you very much,

00:46:04Mr. Skelhorn.

00:46:05No further questions.

00:46:06Mr. Skelhorn,

00:46:08I should like to read you

00:46:09a passage from an article

00:46:10by the sports editor

00:46:11of the Fullchester Gazette

00:46:12which appeared in that paper

00:46:14on Monday,

00:46:15March 26, 1973.

00:46:17And talking of disappearing acts,

00:46:20what has happened

00:46:20to the Barney Skelhorn

00:46:21we all knew and loved?

00:46:24Last Saturday

00:46:24saw the latest

00:46:25in a long string

00:46:26of below-par performances

00:46:28and prompts this

00:46:29one-time admirer

00:46:30to ask,

00:46:31is Barney,

00:46:32at the tender age of 27,

00:46:34over the hill?

00:46:36Did you read that article,

00:46:37Mr. Skelhorn?

00:46:39Well,

00:46:40were you deliberately

00:46:41playing badly

00:46:42or are you,

00:46:43as the article suggests,

00:46:45over the hill?

00:47:09The case of the Queen

00:47:11against Appaldean,

00:47:12MacIver and Skelhorn

00:47:13will be resumed tomorrow

00:47:14in the Crown Court.

00:47:15Barney Skelhorn,

00:47:42Jim MacIver

00:47:43and Peter Appaldean,

00:47:44three of Fullchester Rover's

00:47:45first-team players

00:47:46are jointly charged

00:47:47with conspiring

00:47:48to bring about

00:47:49the termination

00:47:50of the employment

00:47:51of one Alexander Gruder,

00:47:53a manager of

00:47:54Fullchester Rover's

00:47:54football club,

00:47:55by failing to perform

00:47:56their own contract

00:47:57with the club.

00:47:59It's been alleged

00:47:59by Alexander Gruder,

00:48:01Rover's Polish-born

00:48:02ex-manager,

00:48:03that their actions

00:48:04resulted in relegation

00:48:05to the third division

00:48:06and his premature release

00:48:07by the club.

00:48:09His allegations

00:48:10have been supported

00:48:11by Margaret Skelhorn,

00:48:12ex-wife of one

00:48:13of the accused

00:48:14who told the court

00:48:15of a conversation

00:48:16she overheard

00:48:16between the three players

00:48:17which, if true,

00:48:19indicated a conspiracy

00:48:20between them,

00:48:21by Mick Pollitson,

00:48:22the club captain

00:48:23who spoke of the enmity

00:48:24between the accused

00:48:25and the ex-manager,

00:48:26and by the evidence

00:48:27of a member

00:48:27of an opposing team

00:48:29of a further incriminating

00:48:30conversation involving

00:48:31the accused men.

00:48:33Barney Skelhorn,

00:48:34the first defence witness,

00:48:36is on the stand.

00:48:38Mr Skelhorn,

00:48:39is it true you were not

00:48:40playing at your best

00:48:41during the period

00:48:42referred to in the

00:48:43newspaper article?

00:48:44No, I wasn't playing

00:48:45too good.

00:48:45It happens.

00:48:46It had been happening

00:48:47consistently for months.

00:48:49Why?

00:48:51Well, getting divorced

00:48:52and losing your kids

00:48:53don't help.

00:48:53Ah, are you telling

00:48:54the court that your divorce

00:48:55was the reason

00:48:56for your loss of form?

00:48:57Well, I was down.

00:48:58Them sort of things

00:48:59affect your game.

00:49:00Aren't you encouraged

00:49:01to take personal problems

00:49:02to a club official,

00:49:03the manager?

00:49:04To Gruder?

00:49:04Well, that would

00:49:05have been a laugh.

00:49:06Well, let's get on

00:49:07to more serious matters,

00:49:08shall we?

00:49:09I am correct in saying,

00:49:10am I not,

00:49:11that in 1971,

00:49:12Fulchester Rovers

00:49:13was drawn against Arsenal

00:49:14at Highbury

00:49:15in the fourth round

00:49:16of the FA Cup.

00:49:17That's correct, yeah.

00:49:19One of the most

00:49:20prestigious games

00:49:21to be played

00:49:21by the club

00:49:21for several years.

00:49:22Am I right?

00:49:23It was important, yeah.

00:49:25It was very important.

00:49:27And you were dropped,

00:49:28weren't you,

00:49:29Mr Skelhorn?

00:49:29And not because

00:49:30you were off form,

00:49:31but because of

00:49:32a disciplinary measure.

00:49:33Okay, so I was dropped.

00:49:35So what?

00:49:35So that,

00:49:36Mr Skelhorn,

00:49:37was when you began

00:49:37your hatred

00:49:38for Mr Gruder.

00:49:40A hatred which was

00:49:40to lead you to say

00:49:41in front of many witnesses

00:49:43that you would get

00:49:44that bastard Gruder.

00:49:46A hatred which led you

00:49:47finally,

00:49:48with the help

00:49:48of your friends,

00:49:50to do just that.

00:49:53No further questions,

00:49:54my lord.

00:49:54Mr Skelhorn,

00:49:55how many professional

00:49:57footballers would you say

00:49:58have at some time

00:49:59in the course

00:49:59of their career

00:50:00said they would get

00:50:01their manager?

00:50:0399% of them.

00:50:05Thank you, Mr Skelhorn.

00:50:06Does your lordship

00:50:07have any questions?

00:50:09Very well,

00:50:10Mr Skelhorn,

00:50:10you may go back

00:50:11to the doctor.

00:50:12I call Douglas James McIver.

00:50:14Mr McIver,

00:50:24have you ever

00:50:25deliberately played

00:50:25football badly?

00:50:26No, I haven't.

00:50:27Have you ever conspired

00:50:28with Skelhorn and Appledee

00:50:29to play football badly?

00:50:30No, I haven't.

00:50:32What did you think

00:50:32of Mr Gruder?

00:50:34He was all right.

00:50:36A bit of a Marianne,

00:50:37it seems,

00:50:37but he was okay.

00:50:39Thank you,

00:50:40that's all.

00:50:42Mr Gruder was okay.

00:50:43At all times?

00:50:45Aye, that's right.

00:50:46Was he okay

00:50:47during a certain

00:50:47nightclub incident

00:50:48which Mrs Skelhorn

00:50:49has referred to,

00:50:50the Lido in

00:50:51Great Hartford Street?

00:50:52Do you know the place?

00:50:53I've been in there

00:50:54once or twice.

00:50:55You were in there,

00:50:55were you not,

00:50:56one Friday night

00:50:57in March 1973

00:50:58when a row broke out

00:51:00between yourself,

00:51:01Appledee and Skelhorn

00:51:02on the one hand

00:51:03and Mr Gruder

00:51:03on the other.

00:51:04It was the row.

00:51:05It was more of a...

00:51:08Well, it wasn't

00:51:08a row.

00:51:09Really?

00:51:10Do you recall

00:51:10saying to Mr Gruder

00:51:11at one point,

00:51:12get off our

00:51:13backs,

00:51:14you bloody

00:51:14great Jesse?

00:51:15I might have done it.

00:51:18I can't remember.

00:51:19I'd had a few bevies.

00:51:20Mr MacGyver,

00:51:22I've heard of a

00:51:23Mary Ann

00:51:23and a Jesse,

00:51:25but bevies?

00:51:27A few drinks,

00:51:28Your Honor.

00:51:29Ah, I see.

00:51:30What would this mean,

00:51:31get off our backs?

00:51:34I can't remember.

00:51:35Like I said,

00:51:35he's a bit of a

00:51:36Mary Ann at times.

00:51:37He was more than

00:51:38a bit of a Mary Ann

00:51:39to you,

00:51:40wasn't he?

00:51:41He was the man

00:51:42who was a threat

00:51:44to your swinging life.

00:51:45He was the man

00:51:46who wanted you

00:51:46to be in bed

00:51:47at 10.30

00:51:48when you wanted

00:51:48to be out drinking.

00:51:50He was the man

00:51:50who was the disciplinarian.

00:51:52You were the man

00:51:53who hated discipline.

00:51:54So that when

00:51:55Skelhorn and Appledean

00:51:57suggested you join

00:51:58with them

00:51:58in bringing about

00:51:59his downfall,

00:52:00you only too

00:52:01readily agreed.

00:52:02No, that's rubbish.

00:52:04Fulchester Gazette,

00:52:06January the 29th,

00:52:071973,

00:52:09I quote.

00:52:10And then,

00:52:11as rovers appeared

00:52:12to be coasting home

00:52:12with an undeserved point,

00:52:14came MacIver's brainstorm.

00:52:17For no apparent reason

00:52:18and under the eyes

00:52:19of an astonished referee

00:52:20and a disbelieving crowd,

00:52:22the Chunky Scott

00:52:23chopped down Hamilton

00:52:24a good two yards

00:52:25inside the box.

00:52:27Do you remember

00:52:27that article?

00:52:28No.

00:52:29But it quotes accurately,

00:52:31does it not,

00:52:31what happened?

00:52:32There was a penalty,

00:52:34aye.

00:52:34The rest,

00:52:35slander.

00:52:36Ah, defamatory,

00:52:38is it?

00:52:38Did you sue for slander

00:52:40or complain

00:52:40to the newspapers

00:52:41at all?

00:52:43Well, no.

00:52:44No.

00:52:45No, indeed.

00:52:46I suggest to you,

00:52:47Mr MacIver,

00:52:48that the reason

00:52:48for your giving away

00:52:49that penalty

00:52:50has become

00:52:51startlingly obvious.

00:52:52I don't know

00:52:53what you're talking about.

00:52:54I call Peter Appledean.

00:52:58Mr Appledean,

00:52:59have you at any time

00:53:00conspired with any person

00:53:01or persons

00:53:02to commit acts

00:53:03which would affect

00:53:03adversely the career

00:53:05of Alexander Gruder?

00:53:07Never.

00:53:08Can you offer

00:53:08any explanation

00:53:09as to why Mr Gruder

00:53:10should accuse you

00:53:11of such a conspiracy?

00:53:13Yes, I can.

00:53:15Mr Gruder

00:53:15was a little man,

00:53:17a petty dictator,

00:53:18a fascist.

00:53:20He liked making rules,

00:53:21but he didn't much care

00:53:22whether they were good

00:53:22or bad.

00:53:24And like all little men,

00:53:26when things began

00:53:26to go wrong,

00:53:27he began to squeal

00:53:29like a stuck pig.

00:53:30You make no secret

00:53:32of your dislike

00:53:33for Mr Gruder.

00:53:34Well, I never have.

00:53:35I dislike any man

00:53:36who clings to a job

00:53:36he can't do.

00:53:38And Gruder was no more

00:53:39a manager than

00:53:40I'm a prime minister.

00:53:41He couldn't handle men.

00:53:43He never had any do's.

00:53:44They were always don'ts.

00:53:45And how did this attitude

00:53:46lead to his accusation?

00:53:49Well, first of all,

00:53:49it led to our being

00:53:50relegated,

00:53:51and that had been

00:53:51on the cars

00:53:52from the beginning

00:53:52of the season.

00:53:54Gruder was an Alf Ramsey man.

00:53:56He didn't believe

00:53:57in wingers.

00:53:57Well, that's what I was.

00:53:58I was fast.

00:53:59I could beat a back

00:54:01across from the byline.

00:54:02Jim McIver'd knock him in.

00:54:04Well, I thought

00:54:04that was what

00:54:04I'd been bought for.

00:54:06But it wasn't the way

00:54:08Mr Gruder used me.

00:54:10No, he had me

00:54:10fetching and carrying,

00:54:12wandering about

00:54:12all over the park.

00:54:14I think he saw me

00:54:15as the Martin Peters

00:54:16of Fulchester Rovers.

00:54:18From all accounts,

00:54:19you didn't fill the role

00:54:20very successfully.

00:54:20It's been suggested

00:54:21you didn't play well

00:54:23for much of the season.

00:54:25I admit it.

00:54:26I didn't play well.

00:54:26I didn't like

00:54:27what I was being asked to do.

00:54:28It was bound to affect my game.

00:54:30I wasn't the only one.

00:54:31The whole team played badly.

00:54:32You're bound to

00:54:33when you've got a manager

00:54:34who doesn't know

00:54:35what he's doing.

00:54:35And this, you submit,

00:54:37led to relegation?

00:54:38Yes.

00:54:39Yes, I do.

00:54:40I think with another manager,

00:54:41we'd have had a very good chance

00:54:42of staying up.

00:54:44Were you surprised to hear

00:54:45that Mr Gruder's contract

00:54:46had not been renewed?

00:54:47Nope.

00:54:48Were you pleased to hear it?

00:54:49Yes, I was.

00:54:49I thought it was the best thing

00:54:50that could have happened

00:54:51to the club.

00:54:52One more point.

00:54:53How difficult is it

00:54:55to deliberately

00:54:56to play football badly?

00:54:59Well, it's easy

00:55:00if you're a bad footballer.

00:55:02No, but if you're

00:55:03a good footballer,

00:55:03it's practically impossible,

00:55:05particularly when you've got

00:55:05a 20,000 crowd

00:55:08strong looking at you.

00:55:10Well, and a full press box as well.

00:55:13No more questions,

00:55:13my lord.

00:55:15Mr Appeldean,

00:55:16you told my learned friend

00:55:18that Mr Gruder

00:55:18was no more a manager

00:55:19than you were a prime minister.

00:55:21Did you mean this

00:55:21as a compliment?

00:55:25I think you'd better

00:55:25explain that.

00:55:27Oh, dear,

00:55:27I was hoping

00:55:28for an explanation from you.

00:55:29But if you insist,

00:55:30what I mean,

00:55:31Mr Appeldean,

00:55:32is that you do indeed

00:55:33see yourself

00:55:33as a prime minister.

00:55:35Prime minister

00:55:35of an anarchist state,

00:55:37if there is

00:55:37such a contradiction

00:55:38in terms,

00:55:39but a political leader

00:55:40nonetheless,

00:55:40you are a political animal,

00:55:42are you not?

00:55:43We all are.

00:55:44I had hope

00:55:45for practical fact

00:55:46rather than dogma.

00:55:48Still,

00:55:48when you were at university,

00:55:50Mr Appeldean,

00:55:51were you the secretary

00:55:52and leading light

00:55:53of a student anarchist

00:55:54organization?

00:55:56I was a lot of things

00:55:57at university.

00:55:58Answer the question.

00:56:00I was secretary

00:56:02of a political group,

00:56:03yes,

00:56:03but we weren't anarchists,

00:56:06we were socialists.

00:56:07I imagine most socialists

00:56:09would have disowned you.

00:56:11I imagine

00:56:12we'd have disowned

00:56:12most socialists.

00:56:14I'm sure you would.

00:56:15You disliked establishment

00:56:17in any form,

00:56:18did you not?

00:56:19I distrusted it.

00:56:20I distrust any group

00:56:22that tries to cement

00:56:23itself into power.

00:56:24And you consider it

00:56:25your duty

00:56:25to break up that cement?

00:56:27Yes,

00:56:28and there are millions

00:56:29like me.

00:56:30Now be careful,

00:56:31Mr Appeldean,

00:56:31there may well be millions

00:56:32who entertain a vague

00:56:33dislike of the establishment,

00:56:35but there are very few

00:56:35who consider it their duty

00:56:36to do something about it.

00:56:38You are one of those few,

00:56:39you are prepared

00:56:40to take active steps,

00:56:41are you not?

00:56:42Well now,

00:56:43look,

00:56:43if you mean by that

00:56:44that I took active steps

00:56:45against Gruder,

00:56:46then you're wrong.

00:56:46I was not mentioning

00:56:47Mr Gruder,

00:56:48but since you've introduced him,

00:56:50did you see Mr Gruder

00:56:51as an establishment figure?

00:56:54A little one.

00:56:55A little one may be,

00:56:56but an establishment figure

00:56:58nonetheless.

00:56:58And what's more,

00:56:59and this really damned him

00:57:00in your eyes,

00:57:01a man who'd sold

00:57:02his enlightened birthright

00:57:03to embrace the materialistic

00:57:05lifestyle of the decadent West?

00:57:07This is not the McCarthy Tribunal.

00:57:09Mr Lotterby,

00:57:10I am no more anxious

00:57:11than you to partake

00:57:12in a witch hunt.

00:57:13However,

00:57:13the unfortunate fact is

00:57:15the political motivation

00:57:16of every shade

00:57:17is demanding more and more

00:57:19of the court's time.

00:57:22And I cannot rule out

00:57:23the possibility

00:57:24that such a motivation

00:57:25might apply to this case.

00:57:27Nor will I rule

00:57:28that such questioning

00:57:30is necessarily inappropriate.

00:57:33And I think,

00:57:34actually,

00:57:34this is a very good time

00:57:35to adjourn for lunch.

00:57:37Court will rise.

00:57:53Mr Appeldean,

00:57:54you have told this court

00:57:55that you consider it

00:57:56your duty to destroy

00:57:57the establishment

00:57:58in all its forms

00:57:59and that you considered

00:58:00Mr Gruder

00:58:01a member of that establishment.

00:58:03Is that correct?

00:58:05No.

00:58:06No, I said that I

00:58:08distrusted

00:58:09the establishment

00:58:10in all its forms,

00:58:11but some of it,

00:58:14all right,

00:58:14most of it,

00:58:15needs destroying, yeah.

00:58:16And Mr Gruder,

00:58:17did he need to be destroyed?

00:58:20Yes.

00:58:21So you set about

00:58:23destroying him?

00:58:24I set about thinking of it,

00:58:26but before I could

00:58:27get an answer,

00:58:28he destroyed himself.

00:58:29You were not concerned

00:58:30with his destruction?

00:58:32I was concerned with it,

00:58:33but not in it.

00:58:36Nobody could have,

00:58:38certainly not me,

00:58:39we could have destroyed him.

00:58:41No footballer can play

00:58:42badly on purpose

00:58:45for so long

00:58:45and get away with it.

00:58:46But you haven't got away

00:58:47with it yet,

00:58:48have you, Mr Appeldean?

00:58:50Let us look for a while

00:58:52at what footballers

00:58:53can and cannot do.

00:58:54Now what you are telling

00:58:55this court,

00:58:56and correct me if I'm wrong,

00:58:57is that a professional footballer

00:58:58plays by instinct

00:58:59and that that instinct

00:59:00makes it impossible

00:59:01for him to lower his game.

00:59:04Yes, that's what I'm saying.

00:59:06You don't have time.

00:59:08The game's too fast nowadays.

00:59:09Anybody who could do that

00:59:10would have to be very clever.

00:59:12To do it over most of a season,

00:59:15you'd have to be a miracle worker.

00:59:16Really, Mr Appeldean?

00:59:18Well, I've watched a good deal

00:59:19of so-called first-class football.

00:59:21And if you're right,

00:59:22then I've seen many clever men.

00:59:23So who knows,

00:59:24there may be one or two

00:59:25miracle workers too.

00:59:27How do you explain,

00:59:28for instance,

00:59:28the team who,

00:59:29leading 1-0 with five minutes to go,

00:59:31finds it apparently impossible

00:59:33to move at anything

00:59:34other than a snail's pace

00:59:35or to kick the ball

00:59:36more than two yards back

00:59:37to the point of a free kick

00:59:39or indeed to let the ball

00:59:40leave their hands

00:59:41from a throw-in?

00:59:42But reverse the score

00:59:43and have them losing 1-0

00:59:45and what happens?

00:59:47Everyone is galvanised

00:59:48into action.

00:59:49The ball's sent unerringly

00:59:50back to where it's wanted.

00:59:51Throws taken like lightning.

00:59:53Now, this may seem

00:59:53to be collective,

00:59:54but in fact,

00:59:55it is individual.

00:59:57How would you describe

00:59:58the player who lies

00:59:59apparently dead

01:00:00in the middle of the pitch

01:00:01one second

01:00:02and the next is grimly

01:00:03defending his own goal

01:00:04at the other end?

01:00:05Or the attacker

01:00:05who trips headlong

01:00:07over a blade of grass

01:00:08in the penalty area

01:00:09the minute a defender

01:00:09approaches him?

01:00:11Or are you saying

01:00:12that these all form

01:00:14parts of professional football

01:00:16as you are taught

01:00:18to play it?

01:00:19No, I'm not saying that.

01:00:22But you're bound

01:00:22to get the odd clown.

01:00:24These are the blokes

01:00:25you've been talking about,

01:00:26the clowns.

01:00:26Oh, come now,

01:00:27Mr Appeldean,

01:00:28these are not the clowns.

01:00:30These are the quick thinkers,

01:00:31by our own definition,

01:00:32the miracle men.

01:00:34And there are more of them

01:00:35than you're prepared to admit.

01:00:36You are one yourself.

01:00:37So is Skelhorn,

01:00:38so is MacIver.

01:00:39But you were clever.

01:00:40You planned it.

01:00:41But the conspiracy

01:00:42was your idea,

01:00:43wasn't it?

01:00:44Oh, yeah.

01:00:45I believe in cutting

01:00:47my own throat.

01:00:48Look, it pays to win,

01:00:49you know.

01:00:50But you were winning,

01:00:51Mr Appeldean.

01:00:52The club was losing,

01:00:54but not you.

01:00:55Now, I don't know

01:00:56how you persuaded

01:00:57Skelhorn and MacIver

01:00:58that it was worth

01:00:59losing all those winning bonuses,

01:01:01worth going down

01:01:01to the third division,

01:01:02but you needed

01:01:03no such persuasion,

01:01:04did you?

01:01:04Because you weren't

01:01:05going with them.

01:01:08Where were you

01:01:09on the afternoon

01:01:10of Sunday,

01:01:10this September

01:01:11the 10th, 1973?

01:01:14I have no idea.

01:01:15Really?

01:01:16Well, then I'll tell you.

01:01:17You were lunching

01:01:17in a hotel in Birmingham

01:01:19with the chairman

01:01:20of a well-known

01:01:21London First Division club.

01:01:22A highly irregular approach

01:01:26was made to you

01:01:27and you showed

01:01:27your interest.

01:01:29Now, do you remember?

01:01:30It must have been

01:01:30someone else.

01:01:33It wasn't me.

01:01:36No more questions.

01:01:40No re-examination,

01:01:41my lord.

01:01:43Very well.

01:01:44You may go back

01:01:45to the dock.

01:01:46I call

01:01:46Brian Roderick Martindale.

01:01:48Brian Roderick Martindale,

01:01:50please.

01:01:58Keep the prisoners' quiet life.

01:02:01You tell the court

01:02:02your name and address,

01:02:03please.

01:02:03Brian Roderick Martindale.

01:02:04I live at Magnolia Lodge,

01:02:06Little Helston.

01:02:06You're a textile manufacturer

01:02:08by trade and by hobby

01:02:09director and chairman

01:02:09of Fultis the Rovers.

01:02:10Is that correct?

01:02:11That's correct, yes.

01:02:11Did you attend

01:02:12all of your club's matches

01:02:13last season?

01:02:13Yes, as a matter of fact,

01:02:14I did.

01:02:15I normally miss two or three

01:02:15for business reasons,

01:02:16but last season,

01:02:17happily,

01:02:17I was able to get

01:02:18to every match.

01:02:19Mr Martindale,

01:02:19would it be possible,

01:02:20in your opinion,

01:02:21for a professional footballer

01:02:22to throw matches

01:02:24without it being obvious?

01:02:25From what I know of football,

01:02:26it would be quite impossible

01:02:27for any player to do that

01:02:28without it being patently obvious.

01:02:29Did it occur to you

01:02:30while watching

01:02:31Fultis the Rovers play

01:02:32that the three accused

01:02:33were deliberately

01:02:34playing badly

01:02:35or throwing matches?

01:02:37No, it certainly did not.

01:02:38Have you ever

01:02:39rowed with Mr Gruder?

01:02:41No.

01:02:42We've had differences

01:02:43of opinion,

01:02:44but we've never rowed.

01:02:46No further questions?

01:02:48Did you see eye to eye

01:02:49with Mr Gruder

01:02:50on football matters,

01:02:52particularly those

01:02:52pertaining to

01:02:53Fultis the Rovers?

01:02:54No, I'm afraid not.

01:02:56I always thought him

01:02:56rather hidebound

01:02:57in his approach to the game.

01:02:59Rovers needed

01:03:00a different style of play,

01:03:01and to be honest,

01:03:02I don't think

01:03:02it was within

01:03:03Mr Gruder's nature

01:03:03to provide it.

01:03:04What was your reaction

01:03:05to the allegations

01:03:06made by Mr Gruder

01:03:07that he'd been let down

01:03:08by three of his team?

01:03:09Well, I wasn't surprised.

01:03:11To my mind,

01:03:12Mr Gruder typifies

01:03:13the sort of man

01:03:14who can't bear

01:03:15to have his ability

01:03:16questioned.

01:03:17Point of phrase.

01:03:19The sort of man

01:03:20who would clutch

01:03:20at any straw

01:03:21to save himself

01:03:22from drowning

01:03:22in the sea

01:03:23of his own inadequacy.

01:03:25A most graphic phrase,

01:03:27Mr Martindale.

01:03:29Mr Martindale,

01:03:30yourself and Mr Gruder

01:03:30disagreed,

01:03:31I understand,

01:03:32over the transfer

01:03:32of Skelhorn in 1970

01:03:34and Appledean in 72.

01:03:36Is that correct?

01:03:37Yes, that's correct.

01:03:38How did you disagree?

01:03:39Violently?

01:03:40Strongly.

01:03:40You rowed?

01:03:41No.

01:03:42We disagreed.

01:03:43He put forward

01:03:44one set of arguments

01:03:45and I put forward another.

01:03:46And you won?

01:03:47Yes, I won.

01:03:49And you preferred

01:03:49that it should be you?

01:03:51Naturally.

01:03:52There really wasn't room

01:03:53for both of you

01:03:53in the same football club,

01:03:55was there?

01:03:56Are you suggesting that...

01:03:58I will tell you

01:03:58what I'm suggesting.

01:03:59I'm suggesting

01:04:00you were shrewd enough

01:04:01to realise

01:04:01that events were taking

01:04:02a very satisfactory path.

01:04:04I'm suggesting

01:04:05you had no knowledge

01:04:07of this conspiracy as such,

01:04:08but I am further suggesting

01:04:10that you innocently

01:04:10contributed to the success

01:04:12of that conspiracy

01:04:13by instigating

01:04:14the removal of Mr Gruder

01:04:15at that time,

01:04:16which was something

01:04:17you had always wanted.

01:04:19What do you have to say

01:04:20to that?

01:04:20I have to say

01:04:21that certain parts

01:04:22of your statement

01:04:23are unfounded

01:04:24and that I have told

01:04:25the truth as I know it.

01:04:28Mr Martindale,

01:04:29what would you say

01:04:30if I were to tell you

01:04:32that some time ago

01:04:33one of your first team players

01:04:35met the chairman

01:04:36of a London First Division club

01:04:38in secret

01:04:38and discussed

01:04:39the possibility

01:04:40of a transfer?

01:04:41I should have

01:04:42the greatest difficulty

01:04:43in believing you.

01:04:44Have you been approached

01:04:45by any London First Division club

01:04:46for one of your players?

01:04:48It's not normal

01:04:49for us to discuss

01:04:50such matters

01:04:50negotiations

01:04:51might be effected.

01:04:52This is not

01:04:53a press conference.

01:04:54This is a court of law.

01:04:56Answer the question.

01:04:59Yes,

01:05:00we have been approached

01:05:00by a London First Division club.

01:05:03Yes.

01:05:03And the name of the player?

01:05:05Peter Appledean.

01:05:06Peter Appledean.

01:05:08Thank you very much.

01:05:09No further questions.

01:05:10Mr Martindale,

01:05:11even if it may

01:05:12jeopardize your negotiations,

01:05:14I must ask you

01:05:15two or three more questions.

01:05:17When were you first approached

01:05:18about Appledean?

01:05:19Oh, February 73.

01:05:21It was a very tentative inquiry.

01:05:22February.

01:05:23And it's alleged

01:05:23that the three accused

01:05:24put their plans into operation

01:05:26sometime early in the season.

01:05:27It would appear, therefore,

01:05:27that this approach

01:05:28was made sometime after

01:05:29the conspiracy

01:05:31alleged had begun.

01:05:32It would appear so, yes.

01:05:34Now, what was the board's

01:05:35answer to this inquiry?

01:05:37Oh, we told them

01:05:37we weren't interested.

01:05:38There was no shortage

01:05:39of money happily

01:05:40and we wanted to get

01:05:41into the First Division.

01:05:42We needed good players

01:05:43like Peter Appledean

01:05:44to help us get there.

01:05:44And has that view changed?

01:05:46If anything, it's hardened.

01:05:47We're now in the Third Division.

01:05:49We need good players

01:05:49even more desperately.

01:05:53Thank you, Mr Martindale.

01:05:54You may leave the box.

01:05:56That concludes the case

01:05:57for the defence, my lord.

01:05:57Ladies and gentlemen of the jury,

01:06:04one fact which has emerged

01:06:06from this trial

01:06:07is that the three accused

01:06:08all actively disliked

01:06:10Alexander Gruder

01:06:11and were delighted

01:06:12when he was relieved

01:06:13of his position

01:06:14as manager of

01:06:15Fulchester Rovers.

01:06:16Skelhorn had a grudge

01:06:18after being dropped

01:06:19from an important game.

01:06:20MacIver objected

01:06:22to the discipline

01:06:22which curtailed

01:06:23his swinging life.

01:06:25And Appledean,

01:06:26a self-confessed anarchist,

01:06:28whilst making plans

01:06:29to have himself

01:06:30changed to another team,

01:06:31reveled in the prospect

01:06:32of destroying

01:06:34an establishment figure.

01:06:36It's important,

01:06:37members of the jury,

01:06:37to bear this in mind

01:06:38when considering

01:06:39what would normally

01:06:40be highly improbable,

01:06:42namely that professional footballers

01:06:43should deliberately

01:06:44play badly.

01:06:46And play badly they did.

01:06:48But why?

01:06:50Remember Mrs Skelhorn's evidence

01:06:51when she overheard

01:06:53the agreement

01:06:53wouldn't it be a good idea

01:06:55if Jim upended

01:06:57one of their players

01:06:58in the box?

01:07:00Remember the newspaper report,

01:07:02MacIver's brainstorm,

01:07:03a good two yards

01:07:05inside the box,

01:07:06a report which the man

01:07:07did not feel the need

01:07:08to contradict.

01:07:10Remember the evidence

01:07:11of Michael Pollitsen,

01:07:12the club captain,

01:07:13when he heard the accused

01:07:14tell the captain

01:07:15of an opposing team

01:07:16that it was as easy

01:07:17as pie to get rid

01:07:19of a manager

01:07:19if you knew how.

01:07:22Ladies and gentlemen,

01:07:24beyond any shadow

01:07:25of a doubt,

01:07:25these add up

01:07:26to a premeditated conspiracy

01:07:28between these three men

01:07:29to end Mr Gruder's

01:07:31chosen career.

01:07:34And their reasons?

01:07:35Pure malice

01:07:36and total immaturity.

01:07:39Their actions

01:07:39were in defiance

01:07:40of the good faith

01:07:41they owed their club

01:07:42and in defiance

01:07:43of the law.

01:07:45And I ask you

01:07:45to find them guilty

01:07:46as charged.

01:07:48Thank you,

01:07:49Miss Lewis.

01:07:51There's a lot of you.

01:07:52Members of the jury,

01:07:54it seems that

01:07:55during the last

01:07:56football season

01:07:56my clients

01:07:57did not play

01:07:58consistently well.

01:08:00Be that as it may,

01:08:01that is not an offence.

01:08:03The prosecution

01:08:03has attempted

01:08:04to give a sinister

01:08:05explanation

01:08:06of simple lack

01:08:07of form.

01:08:09Let's look

01:08:09at the prosecution's

01:08:10evidence,

01:08:11shall we?

01:08:11Firstly,

01:08:13the testimony

01:08:13of Alexander Gruder.

01:08:15Now here is a man,

01:08:16a bitter,

01:08:16disappointed man,

01:08:18desperately trying

01:08:18to get back

01:08:19into the game

01:08:19at the expense

01:08:20of these three men.

01:08:23And secondly,

01:08:23Mrs. Skelhorn,

01:08:25who, although denying

01:08:26intimacy with Gruder,

01:08:27can spend five hours

01:08:29in his bedroom

01:08:30late at night

01:08:31relating a five-minute

01:08:33conversation.

01:08:35And thirdly,

01:08:36Mr. Pollitson's

01:08:37vague story

01:08:37of how he overheard

01:08:38a conversation

01:08:39between,

01:08:40in a crowded bar room,

01:08:42between the accused

01:08:44and a certain

01:08:44George Pinnock.

01:08:46Well, the story

01:08:47we might take

01:08:47a little more seriously

01:08:48if it was not

01:08:49patently obvious

01:08:50that Mr. Pollitson

01:08:51was very much

01:08:52in Mr. Gruder's debt

01:08:53for keeping him on

01:08:54as captain of the team.

01:08:56Well, that's

01:08:57the prosecution's evidence,

01:08:58and it's simply

01:08:59not good enough.

01:09:00And it becomes absurd

01:09:01if you consider

01:09:02the suggestion

01:09:02that three professional

01:09:04footballers should

01:09:05try and cut

01:09:06their own throats

01:09:07by ruining their team.

01:09:08And the fact

01:09:09that the trained eye

01:09:10of Mr. Martindale,

01:09:11who watched

01:09:11every match

01:09:12last season,

01:09:13failed to detect

01:09:14any sign whatsoever

01:09:15of deliberate

01:09:16bad play.

01:09:18Now, members of the jury,

01:09:19I suggest that you

01:09:20have no alternative

01:09:20but to find the accused

01:09:22not guilty.

01:09:24Members of the jury,

01:09:26the three accused

01:09:27are charged

01:09:28with conspiring together

01:09:29to terminate

01:09:30the employment

01:09:31of Mr. Alexandre Gruder

01:09:32as manager

01:09:33of Fulchester Rovers

01:09:34football club

01:09:35by deliberately

01:09:36playing badly.

01:09:38Now,

01:09:38a conspiracy

01:09:39is an agreement

01:09:40between two

01:09:41or more persons

01:09:42and an agreement

01:09:44of the nature

01:09:45alleged

01:09:46is a crime.

01:09:48Now, you must ask

01:09:49yourselves

01:09:50if the evidence

01:09:51that you have heard

01:09:52establishes beyond

01:09:54reasonable doubt

01:09:55that in fact

01:09:56such an agreement

01:09:57did exist.

01:09:59Now, some of the evidence

01:10:00bears on the joint action

01:10:02of the accused

01:10:03and much pertains

01:10:05to their individual actions.

01:10:07Now, you're concerned

01:10:09with the evidence

01:10:10of their individual actions

01:10:11because it bears

01:10:12on an agreement

01:10:13which, if indeed

01:10:15it did exist,

01:10:16must logically involve

01:10:18more than one person.

01:10:21Therefore,

01:10:22although you must return

01:10:24three separate verdicts,

01:10:27you cannot find

01:10:28one of the accused

01:10:29guilty

01:10:30without finding

01:10:31at least

01:10:32one of the other two

01:10:34guilty as well.

01:10:35Now, members

01:10:37of the jury,

01:10:38will you kindly retire

01:10:39to consider your verdict?

01:10:41All stand.

01:10:50Members of the jury,

01:10:51will your foreman

01:10:51please stand?

01:10:53Just answer this question,

01:10:55yes or no.

01:10:56Have you reached verdicts

01:10:57upon which you are

01:10:57all agreed?

01:10:58Yes.

01:10:58Do you find the accused

01:11:00Bernard Kelhorn

01:11:02guilty or not guilty?

01:11:04Guilty.

01:11:04Is that the verdict

01:11:05of you all?

01:11:06Yes.

01:11:07Do you find the accused

01:11:08James McIver

01:11:09guilty or not guilty?

01:11:10Guilty.

01:11:10Is that the verdict

01:11:11of you all?

01:11:12Yes.

01:11:13Do you find the accused

01:11:13Peter Appeldean

01:11:14guilty or not guilty?

01:11:16Guilty.

01:11:16Is that the verdict

01:11:17of you all?

01:11:18Yes.

01:11:23Mr. Justice Campbell

01:11:25sentenced the three footballers

01:11:26to 18 months' imprisonment.

01:11:28The players' future

01:11:29now lies with

01:11:29the Football Association

01:11:30Commission,

01:11:31which is specially appointed

01:11:32to investigate this case.

01:11:34The players may face

01:11:35a lifelong suspension

01:11:36from the game.

01:11:38Alexander Gruder

01:11:38will not be rejoining

01:11:39Forchester Rovers,

01:11:41but has applied

01:11:41for a manager's job

01:11:42in the south of England.

01:11:58Forchester Rovers,

01:11:59or more than one of the

01:12:01teachers' future

01:12:01in the south of England.

01:12:02We'll be at the top of England

01:12:03or the following

01:12:03of the footballers' future.

01:12:04Forhof ensure

Crown Court - Do Your Worst (1974)

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