Crown Court - Inside Story (1976) - video Dailymotion

Jezza

Prisoner Stephen Benson has been charged with Grievous Bodily Harm against fellow inmate William Parker.   William Gaunt and Ralph Bates make guest appearances. Veteran actor Robin Bailey presides as Mr Justice Hamilton.

Transcript

00:00:00Ladies and gentlemen of the jury, before learned counsel proceeds to call witnesses,

00:00:11I would like to make a number of observations to you.

00:00:15The accused, Stephen Benson, has been charged with causing grievous bodily harm to William Parker.

00:00:22Now, having heard prosecuting counsel's opening address, it will be obvious to you that the alleged offence was committed inside Fulchester Prison.

00:00:34It will be equally obvious to you that at the time of the alleged offence, William Parker was a prison officer,

00:00:41and the accused was, indeed still is, serving a prison sentence for a previous offence.

00:00:49He will not allow these facts to colour your judgement.

00:00:55The accused is entitled to that same quality of justice which is everyone's right in this country.

00:01:01He is innocent until he is proved guilty.

00:01:05The jury consists of members of the public whose names appear on the electoral register and who are eligible for jury service.

00:01:13I call Juliet Walsh.

00:01:19Miss Walsh, you are employed as a senior welfare officer at Fulchester Prison.

00:01:42Yes, I am.

00:01:43How long have you been employed in that capacity?

00:01:45At Fulchester Prison, three years.

00:01:47Prior to that, seven years in the probation service up and down the country.

00:01:50Just a moment.

00:01:52Benson, are you handcuffed?

00:01:55Yes, my lord.

00:01:56Mr. Lattimore, why is that man handcuffed?

00:01:58Well, I...

00:01:59I really don't know, my lord.

00:02:01Mr. Elliot?

00:02:02I have no idea, my lord.

00:02:03My client comes directly from Fulchester Prison.

00:02:05Perhaps the prison officer with him can enlighten the court.

00:02:09Governor's orders, my lord.

00:02:11He thought it best.

00:02:12Really now, has Benson been handcuffed to you since leaving the prison?

00:02:17Yes.

00:02:20Unlock those things immediately.

00:02:21I will not have handcuffs used in this court.

00:02:23He's committed a very violent crime.

00:02:26That is for the jury to decide, not you or the prison governor.

00:02:32Now get them off.

00:02:33Yes, my lord.

00:02:35You may sit down again, Benson.

00:02:36Thank you, my lord.

00:02:37Miss Walsh, you were telling Mr. Lattimore that you have some ten years' experience in the prison service.

00:02:45Yes, my lord.

00:02:45Are such practices common?

00:02:48The handcuffs, my lord.

00:02:49Yes.

00:02:50When dealing with certain categories of prisoner, yes, my lord.

00:02:53Continue, Mr. Lattimore.

00:02:55Thank you, my lord.

00:02:57Now, Miss Walsh, with regard to Stephen Benson, are you the welfare officer responsible for him at Fulchester Prison?

00:03:04Yes, I am.

00:03:04How long have you known him?

00:03:06Since he arrived at the prison, about 18 months ago.

00:03:09Yes.

00:03:09Now, I cannot, of course, ask you about the offence that led to the sentence which he is at present serving,

00:03:16but I would like to ask you why...

00:03:18If I may.

00:03:18Yes, Miss Walsh.

00:03:19Whilst complimenting my lonely friend on the care with which he is observing the law,

00:03:22I would like to advise him that we have no objections to my client's previous convictions being made public during the course of this trial.

00:03:30Really, Mr. Lattimore?

00:03:31You have, of course, considered the implications of such action.

00:03:35Oh, yes, fully, my lord.

00:03:37But my client is most anxious that the jury have all the facts, and I endorse this view.

00:03:42We want nothing kept or held back from the jurors.

00:03:46I believe it was Edmund Burke who once observed that where mystery begins, justice ends.

00:03:53Yes, I see.

00:03:54Well, Mr. Lattimore.

00:03:56Thank you, my lord.

00:03:58Oh, Miss Walsh, do you know the details of Benson's previous convictions?

00:04:03Yes, I do.

00:04:04Would you give them to the jury, please?

00:04:06May I consult my case, Miss Walsh?

00:04:08Certainly, Miss Walsh.

00:04:10Do you want his entire record or just his last offence?

00:04:13Well, I think, in view of my lonely friend's remarks, we should have the entire record.

00:04:18At the age of 14, he was placed on probation for two years for stealing 14 and sixpence from a gas meter.

00:04:26At the age of 15, sentenced to three years at a remand home for breaking and entering and consequently breaching his probation order.

00:04:33He had on this occasion stolen goods to the value of seven pounds.

00:04:36At the age of 19, a two-year prison sentence for breaking and entering.

00:04:42This time he was caught on the premises.

00:04:45At the age of 24, sentenced to three years imprisonment for breaking and entering.

00:04:50Value of goods stolen, 83 pounds.

00:04:53This is the sentence he's currently serving.

00:04:56Thank you, Miss Walsh.

00:04:57Now, I should like to come now to certain events that occurred on the 27th of July this year.

00:05:02The day that prison officer William Parker sustained serious injuries.

00:05:07Now, did you see the accused on that day?

00:05:10Yes, I did.

00:05:11He wanted me to help him write a letter.

00:05:13Well, could you elaborate on that answer?

00:05:15Stephen is illiterate.

00:05:17He has a girlfriend in London.

00:05:19They correspond regularly.

00:05:20As he can't read or write, he obviously needs help, and from time to time, I give it.

00:05:26Well, you say from time to time.

00:05:28Do I take it that others also assist him?

00:05:30Some of the inmates have helped him, though I'd hardly call what they do help.

00:05:36Why not?

00:05:37They think it's a great joke to doctor his letters.

00:05:40He'll say one thing.

00:05:41They'll write down something quite different.

00:05:43Yes, I see.

00:05:44But all letters, either from or to prisoners, are, of course, censors.

00:05:48Yes.

00:05:48Stephen has, on several occasions, been told to rewrite his letters because of the crude

00:05:53and objectionable content of them.

00:05:55Yes.

00:05:55These will be remarks written down by other prisoners under the guise of being helpful.

00:06:01Yes, exactly.

00:06:02Always sexual comments.

00:06:05Stephen has constantly complained to me about the censoring of his letters, and I gather he's

00:06:09also complained to the prison governor.

00:06:11Well, what were the nature of his complaints?

00:06:13Well, that there was nothing wrong with his letters, and that he was being victimized

00:06:17by a certain prison officer who, from time to time, performed the function of censor.

00:06:22Really?

00:06:23And did he voice such complaints to you on the 27th of July of this year?

00:06:27Yes, he did.

00:06:28He stormed into my office, shouting, that bloody screw's taking diabolical liberties with me.

00:06:34I am going to have him.

00:06:35I am going to have him.

00:06:39Hey, now, what do you think he meant by that remark?

00:06:43Yes, my lord.

00:06:43And what the witness thought my client meant by that remark is not relevant, and I submit

00:06:47such evidence is inadmissible.

00:06:48I submit, my lord, that this is an expert witness.

00:06:53She is a welfare officer and a probation officer of considerable experience, some 10 years of

00:07:00prisons and prisoners, I believe.

00:07:02Lord, the witness is a welfare officer.

00:07:06Now, if she has qualifications in psychiatry or some other branch of mind reading, we have

00:07:10yet to hear.

00:07:11I submit that in this instance, the expert is not an expert.

00:07:15Rather harshly put, Mr. Elliot, but I'm inclined to agree with you.

00:07:20Thank you, my lord.

00:07:20Mr. Lattimore, I feel that what Miss Walsh thought the accused meant by that alleged remark

00:07:26is not relevant, with the greatest respect.

00:07:30Pray continue, Mr. Lattimore.

00:07:32Well, as you wish, my lord.

00:07:35Nevertheless, Miss Walsh, did you hear those words, I am going to have him?

00:07:40Yes, I did.

00:07:41Do get on with it, Mr. Lattimore.

00:07:43Yes, my lord.

00:07:44Now, did you ascertain what these diabolical liberties were, Miss Walsh?

00:07:49Yes.

00:07:50He'd just had another letter censored, and this time he'd been told to rewrite it because

00:07:55it contained threatening language.

00:07:57He was particularly distressed because he'd been sending a VO with the letter.

00:08:02Do you mean a visiting order, Miss Walsh?

00:08:04Yes, my lord.

00:08:05Yes, members of the jury, a male prisoner may normally receive a visit from a relation

00:08:10or friend once a month, and the visitor must bring one of these visiting orders when coming

00:08:16to the prison.

00:08:18So, as well as a letter being stopped, the VO that accompanied that letter was also held

00:08:24back.

00:08:24That's right.

00:08:25I see.

00:08:26Now, could the witness be shown a copy of the letter, exhibit five?

00:08:31Copies, Mr. Lattimore?

00:08:33Of course, my lord.

00:08:33Should you wish, members of the jury, you may have copies of this when you retire to consider

00:08:38your verdict.

00:08:39My lord, I will, if my learned friend is agreeable, merely ask Miss Walsh to read the third paragraph

00:08:46of this letter.

00:08:47Do you have any objections to that, Miss Trelia?

00:08:49No, no, my lord.

00:08:50She may read every dot and comma if my learned friend so wishes.

00:08:53Yes, sir.

00:08:54Miss Walsh, is that the letter that Benson brought to you on the morning of the 27th of July?

00:09:00Yes, it is.

00:09:01Well, could you read the third paragraph out loud, please?

00:09:05And that nice Mr. Parker is really looking after me.

00:09:09Such a kind man and always smiling at me.

00:09:13I do hope nothing bad happens to him.

00:09:15You never know, some con might get a bit nasty and give him a seeing to.

00:09:20Wouldn't that be a terrible thing?

00:09:22Yes, thank you, Miss Walsh.

00:09:23Now, less than 30 minutes after you had read that threatening paragraph on the 27th of July,

00:09:30what happened?

00:09:32Alarm bells were ringing all over the prison.

00:09:34A full-scale riot was in progress.

00:09:37Prison officer Parker had been seriously injured.

00:09:40I contacted the assistant governor's office.

00:09:42Yes, now, don't tell us what you were told,

00:09:44but as a consequence of what you were told, what did you do?

00:09:47I went straight to the hospital wing.

00:09:50I saw prison officer Parker there.

00:09:52He was being attended to by a number of the hospital staff.

00:09:55He was unconscious.

00:09:56Blood was pouring out of his head.

00:09:58And the staff told me...

00:10:00Yes, but you are not allowed to tell us what they told you.

00:10:03Now, how long did the riot in Forchester Prison last?

00:10:06About five hours.

00:10:09During that time, nearly a quarter of a million pounds worth of damage was done to the prison.

00:10:12Yes, now, did you see the accused later that day?

00:10:16Yes, I did.

00:10:17I saw him in the prison governor's office shortly before he was returned to the solitary confinement block.

00:10:22Yes.

00:10:23Now, Miss Walsh, you stated earlier in your testimony

00:10:26that the accused thought he was being victimized by a particular prison officer

00:10:31who, from time to time, censored his letters.

00:10:33Now, did Benson name that particular officer?

00:10:37Yes, he did.

00:10:39It was prison officer William Parker.

00:10:41On the 27th of July, when the accused burst into your office

00:10:45declaring that he was going to have a bloody screw,

00:10:49did he name that particular bloody screw?

00:10:52He did.

00:10:54It was prison officer William Parker.

00:10:56Miss Walsh, how many inmates are there in Forchester Prison on average?

00:11:10On average?

00:11:11Just over 700 men.

00:11:13When was the prison built?

00:11:15I believe it was completed in 1840.

00:11:17And have there been any major alterations or improvements since that date?

00:11:21In what way?

00:11:21Well, let me put it this way.

00:11:24When it was built a few years after Queen Victoria began her reign,

00:11:28how many men was the prison designed to hold?

00:11:30A maximum of 350.

00:11:32Since that time, has the accommodation been added to?

00:11:35No, it hasn't.

00:11:37So today, in a prison built for a maximum of 350 men,

00:11:41we now have double that number.

00:11:43Yes.

00:11:45Now, the penologists in this country seem to be divided

00:11:47as to the main purpose of imprisonment.

00:11:49Some consider its essential function is punishment,

00:11:52and others consider rehabilitation the prime concern.

00:11:56Now, which of these do you endorse?

00:11:59Rehabilitation must be the prime concern.

00:12:01That also happens to be the official view.

00:12:04You mean the home office view?

00:12:05Yes.

00:12:07Now, I understand that as part of this policy of rehabilitating the offender,

00:12:12there are evening classes within our prisons,

00:12:14further education where a prisoner can study a wide variety of subjects.

00:12:18That is correct.

00:12:20Now, will you please tell the court how many subjects are available

00:12:22in the evening classes in Fulchester Prison?

00:12:25Well, at the moment, none.

00:12:28That, of course, is due to the recent riot.

00:12:30Well, no.

00:12:31There weren't any for a while before the riot.

00:12:34How long is a while, Miss Wolfe?

00:12:37Two years.

00:12:39Now, what's the official reason for that?

00:12:41Shortage of facilities, shortage of instructors,

00:12:43government cutbacks in spending in the prison department.

00:12:46The conciseness of that answer makes me feel that you've given it many times before.

00:12:51I have.

00:12:53Tell me, Miss Walsh, the welfare department in Fulchester Prison,

00:12:56how many staff do you have?

00:12:57I'm in charge of the department.

00:12:59I have a staff of four.

00:13:01That's five of you to look after the welfare of 700 men?

00:13:04Yes.

00:13:05Would you say that was an adequate ratio?

00:13:07Hardly.

00:13:08Staff at prison with the same number of inmates

00:13:10has twice that number of welfare officers.

00:13:12So it would be fair to say, then, that you're under constant and excessive pressure,

00:13:16that you're overextended?

00:13:18Yes, we are.

00:13:19Now, is that why, during the 18 months that Stephen Benson has been incarcerated,

00:13:24neither you nor any member of your staff

00:13:26nor any member of the prison service

00:13:28has made any attempt whatsoever to rehabilitate him?

00:13:30My lord, I must attest to this line of questioning.

00:13:32Miss Walsh is here to give specific evidence,

00:13:35not to defend herself or any other member of the staff at Fulchester Prison.

00:13:38My lord, would you hear me on this?

00:13:40Certainly.

00:13:41In his opening statement to the jury,

00:13:42my learned friend dwelt at great length

00:13:44on the recent riot in Fulchester Prison.

00:13:47A riot, if we are to accept the prosecution contention,

00:13:50caused as a direct result of the alleged assault

00:13:52by my client on Officer Parker.

00:13:55Now, is it not crucial to the issue

00:13:57to discover the facts that led up to this riot?

00:14:00To discover what actual conditions prevailed within the prison?

00:14:03A prison is a closed society within our own open society,

00:14:06but surely it's governed by the same laws.

00:14:08I have no desire to harass this witness,

00:14:10but we must obtain from her an accurate picture of the prison.

00:14:13Seems perfectly reasonable to me, Mr. Lattable.

00:14:16As you wish, my lord.

00:14:17Thank you, my lord.

00:14:18Now, you were telling the court

00:14:20how overworked and understaffed your welfare department is,

00:14:22and I put it to you that during the 18 months

00:14:25that Benson has been in prison,

00:14:27no attempt whatsoever has been made by anyone,

00:14:29be it a member of your staff, the prison service,

00:14:31or anyone else, to rehabilitate that man.

00:14:34What are you implying?

00:14:36That it's my department's fault that he's in the dock?

00:14:39I imply nothing, Miss Walsh.

00:14:41I'm asking a direct question.

00:14:43I've asked it twice, and I'm still waiting for an answer.

00:14:45I can well understand your hesitation.

00:14:47Look, we do what we can for them.

00:14:50It is very little, but the fact that it is very little

00:14:53is not my department's fault.

00:14:56You must get someone from the home office into this witness box

00:14:58and ask them why it is so little.

00:15:01You must get someone from the prison department

00:15:03into this witness box

00:15:04and ask them why they are obsessed with prison security.

00:15:08Ask them why my department in Fulchester Prison

00:15:11is treated with either indifference or hostility

00:15:13by the bulk of prison officers.

00:15:16Our problem is not in contacting the inmates.

00:15:19It's in trying to establish contact with the rest of the staff.

00:15:24Well, this problem of the censorship of Benson's letters,

00:15:27did you take this up with the governor?

00:15:28Yes, indeed I did, on several occasions, with no success.

00:15:33I suppose that's something.

00:15:34Miss Walsh, thank you.

00:15:35You've been most helpful.

00:15:37My lord?

00:15:38Miss Walsh, you have testified how, on the day that prison officer William Parker was attacked,

00:15:48you saw the accused half an hour before the riot in Fulchester Prison.

00:15:54Yes, my lord.

00:15:55Now, as I understand it, the movement of prisoners is strictly controlled.

00:15:58Was he accompanied by an officer?

00:16:00Oh, no, my lord, by a red band.

00:16:02A red band.

00:16:03A red band, ladies and gentlemen, is another convict placed in a position of trust.

00:16:08And was the accused then returned to his workshop?

00:16:11Yes, my lord.

00:16:12Workshop three.

00:16:13Do you know where this riot broke out, where it began?

00:16:18Yes, it broke out in workshop three.

00:16:22Thank you, Miss Walsh.

00:16:24You may leave the witness box.

00:16:28I called Dr. Graham Chapman.

00:16:32Yes, acting on a request from the Home Office,

00:16:35I have in the past month carried out an examination both on prison officer William Parker

00:16:40and the accused Stephen Benson.

00:16:42Yes, well, if we may deal firstly with Mr. Parker, Doctor.

00:16:46May I refer to these, my lord?

00:16:47Certainly, Dr. Chapman.

00:16:52Yes, on July 27th, Mr. Parker was admitted to the intensive care unit of Fulchester General Hospital.

00:17:00He had sustained a blow to the back of the head and there was heavy external bleeding.

00:17:04Further examination at the time by specialists and subsequently by myself

00:17:08confirmed that he suffered a sub-arachnoid hemorrhage.

00:17:13Now, this was caused by a latent condition known as Bery aneurysm.

00:17:18Now, the external injury is well on the way to being healed,

00:17:21but the sub-arachnoid hemorrhage has left Mr. Parker partially paralysed

00:17:25and with very severe mental defects.

00:17:27Yes, well, now, if we might break that down into lay terms, Doctor, I would be most grateful.

00:17:33Certainly, yes.

00:17:35Well, prior to his injury, Mr. Parker had a condition where certain blood vessels in his brain

00:17:41were under pressure and likely to burst spontaneously at any time.

00:17:46This condition, which would have been unknown to him, is termed Bery aneurysm.

00:17:51Now, all the medical evidence suggests that, in this particular case,

00:17:55a blow to the head precipitated the bursting of an artery.

00:17:59Now, the chances of a total recovery are virtually nil.

00:18:02And Mr. Parker is now reduced virtually to a living vegetable.

00:18:07Yes.

00:18:08Yes, I see.

00:18:09Now, turning to the accused, will you tell my lord and the jury

00:18:14your conclusions after your examination of him?

00:18:18My lord, Dr. Chaplin's full report is already entered as an agreed exhibit.

00:18:23Number seven, I believe.

00:18:24Thank you, Mr. Latimore.

00:18:26Mental tests which I carried out on the accused Stephen Benson involving educational training

00:18:33show him to be just above the level of a feeble-minded person.

00:18:37He's illiterate, but tests which don't involve the use of literacy give him a mental age of about 13 years.

00:18:44However, in my opinion, I think his present low intelligence is an educational defect

00:18:49rather than any innate defect.

00:18:52Verbally, in many areas, he's very bright.

00:18:53Yes, but under the definitions of the Mental Health Act, he is fit to stand trial.

00:18:59Oh, yes, certainly.

00:19:00Yes.

00:19:01Thank you, Dr. Chaplin, very much.

00:19:04Doctor, initially, I'd like to ask you about Mr. Parker.

00:19:07Now, did you say that prior to July the 27th, he was suffering from a condition known as Bury aneurysm?

00:19:13Yes.

00:19:14A condition where certain blood vessels in his brain were likely to burst spontaneously at any time.

00:19:22Yes, that's right.

00:19:22Well, can you be absolutely sure that his present condition, I believe my learned friend referred to it as that of a living vegetable,

00:19:29can you be sure that this was caused by a blow to his head on July the 27th?

00:19:33Well, in a case like this, it's very difficult to be absolutely certain.

00:19:37But all the medical evidence suggests that, in this case, his present condition was triggered off by that blow to the head.

00:19:45Would this blow have to be a severe one?

00:19:47Oh, no, no, certainly not.

00:19:48A slight knock or a bang.

00:19:51Or, as I've already indicated, his existing condition was such that it could have happened on its own automatically.

00:19:56But I don't believe in this particular case that it did.

00:20:00You see, if you imagine that that particular artery was rather like the inner tube of a bicycle wheel,

00:20:07but an inner tube with a defect, weakened, ready to burst at any moment,

00:20:12I believe that the blow he received punctured the tube.

00:20:15Mm-hmm.

00:20:17And, Doctor, the bursting of these blood vessels, now, could it be that they occurred spontaneously,

00:20:22without any blow to the head, and that the external injury was caused when Officer Parker collapsed to the floor,

00:20:28hitting the back of his head afterwards?

00:20:31Yes, certainly. That could have been the sequence of events.

00:20:35Oh, so then we could be dealing with an accident, an act of God, as it were.

00:20:38Yes, but, as I understood it, there was clear evidence that he'd been hit on the back of the head with a hammer.

00:20:47Evidence? What evidence?

00:20:50No hammer has been entered as an exhibit.

00:20:52Have you examined this hammer? Has it been to forensics?

00:20:56Workshop three, where the alleged attack took place, was virtually destroyed in the riot that followed the attack.

00:21:02There was a very big fire.

00:21:04Any evidence that might have existed was destroyed in the fire.

00:21:07might have existed.

00:21:09Thank you, Doctor. You've been most helpful.

00:21:13My Lord, do I take it that my learned friend does not wish to cross-examine the doctor

00:21:18regarding the medical report on his client?

00:21:21It would appear not, Mr. Latimer.

00:21:24Thank you very much, Dr. Chapman.

00:21:26Dr. Chapman, you're free to go.

00:21:29Thank you, my Lord.

00:21:33I call Bernard Axton.

00:21:37I'm a Catholic.

00:21:52Please take the Dewey Biden and read a lot of words from the card.

00:21:54I swear by almighty God that the evidence I give shall be the truth, the old truth, nothing but the truth.

00:21:59You are Bernard Axton?

00:22:01I am, sir.

00:22:01What is your occupation, Mr. Axton?

00:22:03I'm a prison officer at Fulchester Establishment, sir.

00:22:06Establishment?

00:22:07Yes, sir.

00:22:07Lord, I understand that the officers commonly refer to prisons as establishments.

00:22:11Do they, indeed?

00:22:13I can't think why.

00:22:15How long have you been in the prison service?

00:22:17Just over 15 years, sir.

00:22:18And how long have you been at Fulchester Prison?

00:22:20I've been with that particular establishment just on 10 years, sir.

00:22:24Yes.

00:22:24Now, were you on duty on the 27th of July, the day of the riot?

00:22:29I was, sir.

00:22:30Now, I'd like you to tell my lord and the jury, in your own words, what happened at 11.34 a.m.?

00:22:36I was having a cup of tea with fellow Officer Turner in the P.O.'s office when that particular alarm bell rang.

00:22:41Yes, Mr. Axton, I appreciate that you and your fellow officers have your own particular jargon,

00:22:47but I don't believe we have any prison officers actually on the jury.

00:22:50Who or what is a P.O.?

00:22:53It's a principal officer, sir.

00:22:55You see, starting at the bottom, you've got your ordinary officers, then your S.O.s, your senior officers,

00:22:59and then your P.O.s, then you've got your chief officers, then your assistant governors, then you've got your governors, you see?

00:23:03Yes, thank you for the information, Mr. Axton.

00:23:05You're sure you haven't left anyone out?

00:23:07No, I don't think so, sir.

00:23:08But the hospital staff, they have a different form of structure.

00:23:10You know, I don't think we'll bother with that, unless, of course, Mr. Lattimore, you feel that it's relevant.

00:23:14Not at all.

00:23:15No, I'll do. Let's get on with it.

00:23:17Yes, very well.

00:23:18Now, Mr. Axton, you were having tea with Officer Turner when the first alarm bell went.

00:23:23That's what I said, sir.

00:23:24The P.O. sent Turner and me round there, while he faunt for some more men to join us.

00:23:28Now, how long did it take you to get there?

00:23:30Only a few minutes, sir. We ran all the way to the workshop.

00:23:32Yes, and what was the scene that confronted you?

00:23:35Well, the men were by the benches.

00:23:38Some working, some just sitting there.

00:23:40All except one.

00:23:42All except that little bastard there.

00:23:44He was kneeling beside my friend, Bill Parker.

00:23:47Bill was on the floor, unconscious, out cold.

00:23:49There was blood all over the place.

00:23:51And that little runt, that little runt, was kneeling beside him, with a hammer in his hands.

00:24:00Join us tomorrow, when the case of the Queen against Benson will be resumed in the Crown Court.

00:25:37Now, look at him. He's no use to anybody. He just sits there on a hospital bed, staring into space. All because of that. Look! Look at him grinning! He's grinning! All because of that little runt there!

00:25:48Mr. Axton, I'm sure you wish to see justice done in this case. You bet I do, sir.

00:25:54Well, justice will be best served if you give your evidence calmly without abusing Benson. I will have no histrionics in this court. Do I make myself clear?

00:26:04Yes, my lord. Thank you, my lord. Now, Mr. Axton, you were telling us at the end of yesterday's hearing that when you and Officer Turner ran into workshop free, the accused was kneeling beside the unconscious body of William Parker.

00:26:20That's right, sir. With a hammer in his hands, there was blood everywhere.

00:26:23What did you do?

00:26:25Well, I told Turner to go forth for some more men to join us while I dealt with Benson. I grabbed hold of him, hustled him outside, and he was taken immediately to the segregation block, sir.

00:26:33Who by?

00:26:33By me, sir.

00:26:34I see. What did you then do?

00:26:36I returned immediately to workshop three, sir. Fellow officers were trying desperately to deal with the prisoners and the fire. The whole place was ablaze, sir. A full-scale riot was in progress, sir, and it got a lot worse, too.

00:26:47Yes. Well, I don't think we wish to deal with the escalation of the riot in this court, Mr. Axton.

00:26:51Really, Mr. Axton? Why not?

00:26:53My lord, a full inquiry into the riot is at present being held by a special committee appointed by the Home Office.

00:26:58I see. That'll not prevent Mr. Elliot from asking this witness questions about the events in workshop three where this riot is alleged to have begun, will it?

00:27:07Well, of course not, my lord.

00:27:08I might have a few to ask myself.

00:27:11As you wish, my lord.

00:27:12Continue, Mr. Axton.

00:27:14Yes. Yes, I will. My lord, Mr. Axton, at that moment when you entered the workshop, most of the men were at their benches working.

00:27:22That's right, sir. I'll go in through the motions of work as they usually do.

00:27:25Yes, my lord. I listen with distaste to the growing subjectivity in this witness's evidence.

00:27:30Now, may he be asked to confine himself to answering just the questions?

00:27:33Mr. Axton, I appreciate that you feel deeply about this matter, but this trial is a search for the facts and not opinions.

00:27:41Not, that is, unless they be expert opinions.

00:27:45Much obliged, Your Lord.

00:27:47Mr. Axton.

00:27:49Mr. Axton.

00:27:50Sir.

00:27:51Mr. Axton, you were telling the court that the men were at their benches working when you and Officer Turner entered workshop three.

00:27:58That's right, sir.

00:27:59Well, except Benson. He was kneeling beside Bill Parker with the hammer still in his hands.

00:28:03Did the accused say anything when he saw you?

00:28:05No. He just looked a bit nervous and backed away, so I grabbed hold of him and took him outside.

00:28:09Yes, thank you very much, Mr. Axton.

00:28:11Do you sometimes act as censor of the prisoner's letters?

00:28:17Eh?

00:28:18What's that got to do with this case?

00:28:19Mr. Axton, I will judge the relevance of the questions, and I would like you to answer that question.

00:28:27Yes, sir.

00:28:28All right, I do. What about it?

00:28:29From time to time, you have censored Benson's letters. Is that correct?

00:28:33You mean 2-1-1-9-8-4-0, Benson?

00:28:35Mr. Axton, in this courtroom, he has not a number.

00:28:39Now, do you, or have you, from time to time, censored Stephen Benson's mail?

00:28:42Yes, I do.

00:28:44I'd like to put to you some of the reasons you've given for rejecting his letters and ordering him to rewrite them over the past 18 months.

00:28:50Well, you can put what you like, sir, but I shan't answer your questions.

00:28:54Why not?

00:28:55Official Secrets Act, sir.

00:28:56All that information is covered by the Official Secrets Act.

00:28:59Don't you talk to me about the Official Secrets Act.

00:29:01This man faces a serious charge, and you lecture me about the bloody Acts of Parliament.

00:29:04Mr. Elliott.

00:29:05Sorry, my lord.

00:29:07Sir Axton, I'm fully aware that in ordinary circumstances you would not be permitted to answer such questions.

00:29:14That's right, my lord.

00:29:15However, these are not ordinary circumstances.

00:29:18I direct you, as I will, if necessary, direct any subsequent witnesses, to answer any questions I consider relevant in this trial.

00:29:27If necessary, I shall clear the court, and the trial will proceed in secret.

00:29:30But I will not brook any interference with the course of justice.

00:29:34Over the years, I've grown weary of listening to civil servants talking about matters not being in the public interest and hiding behind the Official Secrets Act.

00:29:43It will not happen in this trial.

00:29:46You will, unless I direct you not to, answer counsel's questions.

00:29:51Is that understood?

00:29:52Yes, my lord.

00:29:54It's only all right, then, mate.

00:29:55You are coming very, very close to committing contempt of court.

00:30:02I'm not prepared to predict what sentence I might inflict upon you should I find you guilty of contempt.

00:30:09Let me point out to you that one of the possibilities is imprisonment.

00:30:13I'm, uh, I'm very sorry, my lord.

00:30:20Thank you, my lord.

00:30:21Ah, Mr. Axton.

00:30:24As I understand the prison system on censorship, if, when acting as censor, you want a prisoner to rewrite a letter,

00:30:32the letter is passed from you to the governor with your comments on it. Is that correct?

00:30:36Yes, that's right, sir.

00:30:37Now, over the past 18 months, with regard to letters written by the accused, have you stopped his letters for the following reasons?

00:30:44Five, for using grossly improper language.

00:30:48Well, I can't remember the exact number, sir, but that figure would be about right, yes.

00:30:51One, because he mentioned he was getting his letters stopped.

00:30:54One that contained complaints about the quality of the food.

00:30:57One that made critical comment about the censorship of his letters.

00:31:01One written in an attempt to get a pen friend.

00:31:04And one because it was written in red ink.

00:31:08Did you get all those letters stopped for those reasons?

00:31:10If you say so, sir.

00:31:12No, I'm not saying so, I'm asking you.

00:31:13Well, I can't be precise. I've sent her a lot of letters, but that certainly has stopped any letters for the reasons you've just given.

00:31:19Why?

00:31:19Contravention of prison rules.

00:31:21What, writing a letter in red ink?

00:31:23Certainly, definitely not allowed.

00:31:26You see, you must understand, sir, that allowing a prisoner to write a letter is a privilege.

00:31:30Well, is it not a basic human right?

00:31:31It's a privilege, sir, and those privileges can be removed.

00:31:37What do you believe to be the purpose of prison?

00:31:39To punish people going there because they've broken laws, committed crimes.

00:31:44What about rehabilitation, making them better people?

00:31:46Oh, in most cases, it's a complete waste of time.

00:31:49Complete waste of time.

00:31:50The best thing to do is to make it as hard and as unpleasant for them as possible to discourage them from committing further crimes when they get out.

00:31:58They've got to be taught a lesson.

00:32:00Or is that what you decided to do to the accused when you ran into workshop three?

00:32:03What do you mean?

00:32:04Teach him a lesson.

00:32:05Is that why you took the course of action that you did?

00:32:07I just got him out of there as quick as I could.

00:32:08I put it to you, you did a lot more.

00:32:12I put it to you that the first thing you did was to hit him over the head with your truncheon.

00:32:15And when he fell to the floor, you kicked his body.

00:32:17Not once, but again and again.

00:32:19Indeed, kicking him until he was unconscious.

00:32:21I would also put to you that the sole cause of the prison riot that followed

00:32:24was the violent and brutal beating that you inflicted upon that young man.

00:32:28It's nonsense.

00:32:29Oh, dead nonsense.

00:32:29I didn't beat him up.

00:32:30Now, how much force did you use on him there?

00:32:32I used no more force than was necessary.

00:32:34Yes, yes.

00:32:35Good old rule 4-4.

00:32:37What was that, Miss Bailey?

00:32:39It's prison rule number 44, my lord.

00:32:41I would like at this point to introduce a copy of the prison rules as an exhibit,

00:32:46if my learned friend has no objections.

00:32:48None, my lord.

00:32:49Now, we come to exhibit 9.

00:32:51Thank you, my lord.

00:32:52Usher, would you give a copy of the prison rules to Mr. Axton?

00:32:57I'm sure you're familiar with the prison rules, Mr. Axton,

00:32:59but you may wish to refresh your memory,

00:33:00and I have no desire to take an unfair advantage.

00:33:07I'm quite familiar with rule 44, sir.

00:33:10An officer, when dealing with a prisoner,

00:33:12shall not use force unnecessary,

00:33:14but when the application of force to a prisoner is necessary,

00:33:18then no more force than is necessary shall be used.

00:33:22That's excellent.

00:33:23It's very good, Mr. Axton.

00:33:24I wonder if you could also recite for us clause 2 of that rule.

00:33:29Clause 2?

00:33:30Yeah.

00:33:312.

00:33:31No officer shall act deliberately in a manner to provoke a prisoner.

00:33:48Yes.

00:33:49Now, on your sworn testimony,

00:33:51when you entered the workshop,

00:33:52all the men except one were at their benches,

00:33:54either working or, as you so memorably put it,

00:33:56going through the motions of work like they usually do.

00:33:59Now, on your sworn testimony,

00:34:02it was you that moved towards Benson.

00:34:04It was you that grabbed him and dragged him outside.

00:34:06Is that correct?

00:34:08That's right, sir.

00:34:09Then what sparked the riot that immediately followed your action?

00:34:12I mean, what caused a full-scale riot

00:34:14that has cost us an estimated quarter of a million pounds?

00:34:18Benson attacking Bill Parker.

00:34:20But, Axton, if that was so,

00:34:21surely you would have entered the workshop to find the riot in progress.

00:34:24Well, it happened a few minutes later.

00:34:26Indeed it did.

00:34:27But, on your testimony,

00:34:29you've stated that the only thing that took place in those few minutes

00:34:31was you grabbing Benson and taking him outside.

00:34:34Yes, that's right.

00:34:36Well, I put it to you

00:34:37that it was not Benson's attack on your friend that caused the riot,

00:34:39but your attack on Benson.

00:34:41I suggest that every man in that workroom knew

00:34:43you had brutally attacked an innocent man,

00:34:45and that is what precipitated the prison riot.

00:34:47My lord, the witness can hardly be expected to know

00:34:50what was in the minds of some 30 prisoners at any given moment.

00:34:53I agree, Mr. Latimer.

00:34:54As your lordship pleases.

00:34:58When you took Benson outside,

00:35:00you took him directly to the segregation block.

00:35:02What is this segregation block?

00:35:04Well, it's a fancy term for what you used to call the punishment block, sir.

00:35:08Solitary confinement.

00:35:09Oh, so he was taken to a punishment, sir?

00:35:11That's right, sir.

00:35:12Did he go quietly?

00:35:14Well, he didn't cause me any trouble, if that's what you mean.

00:35:17Because he was unconscious when you dragged him there?

00:35:19Nonsense. I walked him there.

00:35:21Well, did you meet or see any of your brother officers on the way?

00:35:23I don't remember seeing anyone.

00:35:25The place was in utter chaos, you know,

00:35:26of bells ringing, people shouting eyes.

00:35:28How convenient.

00:35:29Now, how near is the punishment block to Workshop 3?

00:35:32Oh, not far. A couple of hundred yards away, that's all.

00:35:34How long was it before you returned to Workshop 3?

00:35:36Just a few minutes.

00:35:38And in those few minutes,

00:35:39you'd have us believe that a full-scale riot had broken out.

00:35:41The workshop was ablaze.

00:35:42Your fellow officers were trying to control both the fire and the prisoners.

00:35:46That's about it.

00:35:47I suggest that when you got the accused to the punishment cell,

00:35:50he had recovered consciousness.

00:35:51And when you got him into the cell,

00:35:52you gave him another beating before you returned to Workshop 3.

00:35:55Jack Parker lies.

00:35:56Parker was a close friend, wasn't he, Norton?

00:35:58He was. A good officer, too. Good man.

00:36:00And when you went to the workshop and saw, or thought you saw,

00:36:02the accused attacking your friend, you lost your temper.

00:36:04I mean, here was this man.

00:36:05What was it you called him?

00:36:07A little bastard.

00:36:08A little runt.

00:36:09Well, here was this little bastard, this runt with a hammer in his hands.

00:36:12And I suggest that it was you that initiated the violence

00:36:15with a vicious attack on young Benson.

00:36:17Lies.

00:36:18It's all lies.

00:36:28So, Mr. Sutter,

00:36:29you followed your colleague, Axon, into Workshop 3.

00:36:32Yes, I did.

00:36:34Everything appeared to be normal,

00:36:36except that Officer Parker was lying on the floor unconscious.

00:36:38There was blood pouring from his head,

00:36:41and kneeling beside him was the prisoner Benson.

00:36:43Yes.

00:36:43Now, can you recall where Benson was kneeling?

00:36:46In relation to Parker's body, that is.

00:36:48By the officer's head.

00:36:50I see.

00:36:51By the officer's head.

00:36:52Yes, that's right.

00:36:53And what, if anything, was in Benson's hand?

00:36:56One of the hammers that they use in that particular workshop.

00:36:59I see.

00:37:00Now, would you tell us, in your own words, what happened next?

00:37:02It was obviously a very serious incident,

00:37:05so I phoned the chief officer directly.

00:37:07Yes.

00:37:07Now, did you see your colleague, Axon,

00:37:10dealing with the accused?

00:37:11No.

00:37:12I was too intent on getting through to the chief.

00:37:15By the time I'd got through and informed the situation,

00:37:18Benson and Axon were on their way out.

00:37:20Somebody had started a fire.

00:37:22A whole pile of mailbags and materials was flaring up,

00:37:25and the workshop was rapidly filling up with smoke.

00:37:27Excuse me, my lord.

00:37:29May I question the witness?

00:37:31Question the witness?

00:37:32Yes.

00:37:33What did you want to ask him?

00:37:35I wanted to ask him about that hammer, my lord.

00:37:37What about the hammer?

00:37:39When he entered this workshop

00:37:40and saw the accused kneeling on the floor,

00:37:43how was he holding the hammer?

00:37:45Do you mean by which end was he holding it?

00:37:48No, my lord.

00:37:49I mean, was he holding it in a threatening manner or not?

00:37:53That's a very good question.

00:37:55Well, Mr. Turner, can you enlighten the jury?

00:37:58As I recall, it was lying on the floor

00:38:00and his hand was touching or just holding the handle.

00:38:03So he was not poised as if to strike the prison officer?

00:38:07No, my lord.

00:38:09Thank you, my lord.

00:38:11My lord.

00:38:12You were telling us, Mr. Turner,

00:38:14that the workshop was on fire.

00:38:16Yes.

00:38:17I tried to calm the men down,

00:38:19but they appeared to be enraged.

00:38:21They kept calling out that Benson hadn't done anything.

00:38:23Yes, now, have you ever had any trouble with Benson?

00:38:27Well, there was one occasion earlier this year.

00:38:30I'd had to stop one of his letters and he threatened me.

00:38:33Oh, really? Now, what happened?

00:38:34Oh, he raised his fist.

00:38:36I just told him not to be bloody silly or I'd put him on report.

00:38:39I see. Thank you very much.

00:38:41Mr. Turner, how long have you been in the prison service?

00:38:46Nearly two years.

00:38:48And is this the first riot condition you've seen in that time?

00:38:51Yes, it is.

00:38:52I take it that your prison officer training course

00:38:55would have been at the customary place Wakefield?

00:38:57Yes, it was.

00:38:58And how long is that course?

00:39:01Eight weeks.

00:39:03Would I be correct in assuming that the basic theme of that course

00:39:07is one of containment of the prisoners?

00:39:09I wouldn't agree that it's the basic theme of the course,

00:39:13but obviously that aspect features heavily.

00:39:15Mr. Turner, what are the basic qualifications needed

00:39:19before one becomes a prison officer?

00:39:21Well, you're given various tests and extensive interviews.

00:39:28Yes, these various tests and interviews,

00:39:30I am right in saying, am I not,

00:39:31that they take place in the course of just two days.

00:39:34You mean before you're offered a job?

00:39:36Yes, I do.

00:39:38Yes.

00:39:38Of course, then you have to be trained at Wakefield

00:39:42and the training doesn't stop there.

00:39:43You're learning all the time.

00:39:44Yes, I'm sure you are,

00:39:46but without any basic educational qualifications,

00:39:49such as degrees, A-levels, O-levels,

00:39:51I mean, a man can find himself

00:39:54in some measure of control over prisoners

00:39:56within just four months of joining the prison service.

00:40:00Yes, I think that would be accurate.

00:40:02Now, what do you consider to be the prime purpose of prison?

00:40:07Rule one of the prison rules answers that question clearly.

00:40:10The purpose of the training and treatment of convicted prisoners

00:40:13shall be to encourage and assist them

00:40:15to lead a good and useful life.

00:40:18It's an admirable sentiment,

00:40:19but do you think it can be applied

00:40:21to the day-to-day life of Fulchester Prison,

00:40:23or indeed any other prison?

00:40:24No, it can't.

00:40:26Why not?

00:40:28What we have in our prisons

00:40:30is a myth, a fantasy of rehabilitation.

00:40:35Men like Benson cutting up mailbags

00:40:36to salvage the metal rings,

00:40:38young prisoners working on farms

00:40:41and then returning to ghetto areas

00:40:43in big cities like London, Liverpool, Birmingham.

00:40:46You don't find many farms in those places.

00:40:48We're not all punitive-minded in the prison service, you know.

00:40:53A lot of us want to help these people.

00:40:56We'd like to take over the welfare work.

00:40:58They won't let us.

00:41:00Please, please go on.

00:41:02The Prison Officers Association

00:41:04put forward a scheme four years ago

00:41:06proposing the incentive of an extra sixth remission of sentence

00:41:10for prisoners of good behaviour.

00:41:11Such a scheme would have reduced the prison population by 25%.

00:41:17It was rejected.

00:41:21Consequently, today, right now,

00:41:24there are over 42,000 people serving prison sentences.

00:41:28Over 1,100 of them are serving life.

00:41:31And of those, more than 120 have done 10 years or more.

00:41:39The courts keep handing out longer and longer sentences.

00:41:42Many of our prisons are bursting at the seams.

00:41:45The really violent, dangerous criminals,

00:41:48instead of being contained in one large maximum security prison,

00:41:52are scattered all over the country.

00:41:54Consequently, the rotten apples contaminate the others.

00:41:57What's the government doing about this?

00:42:00In April this year,

00:42:02the government decreed that the prison service,

00:42:05which is 20% understaffed,

00:42:08should save £2 million on overtime hours.

00:42:13Now, Fulchester, like every other prison,

00:42:15runs on overtime.

00:42:17Hull prison suffered a cutback of 800 man-hours per week.

00:42:21Now, those cuts at Hull,

00:42:22as at every other prison in the country,

00:42:24meant less time out of the cells for the men,

00:42:27less visits,

00:42:29less association with other prisoners,

00:42:31less evening classes.

00:42:32This September,

00:42:35there was a riot at Hull prison.

00:42:37The estimated damage in that one riot,

00:42:41is precisely the amount the government is trying to save per annum in prison service,

00:42:46costs £2 million.

00:42:47I don't know where the book stops.

00:42:56But if it doesn't stop soon,

00:42:59the recent riots we've had in this country,

00:43:01at Fulchester, Hull,

00:43:03Gartrey,

00:43:04Albany,

00:43:05they'll look like picnics with what's to come.

00:43:08Mr. Tennant,

00:43:12I'm sure we're all obliged for that disturbing information.

00:43:16Screws aren't all bastards, you know.

00:43:18No.

00:43:19No.

00:43:20I take it, then,

00:43:21it is your belief that some of these factors you've told us about

00:43:23caused the riot in Fulchester prison, in your opinion?

00:43:27I believe so, yes.

00:43:30Apart from the incident you've mentioned,

00:43:31have you ever had any trouble with the accused?

00:43:34Apart from that incident, none.

00:43:35Have you ever seen him use violence?

00:43:39No.

00:43:40Mr. Tennant, I thank you.

00:43:44Mr. Hudson,

00:43:45are you at present serving a prison sentence at Fulchester?

00:43:48Yes, sir, I am.

00:43:49Yes.

00:43:49And in July this year,

00:43:51were you sharing a cell with the accused?

00:43:54Yes, sir, with Benson.

00:43:55Yes.

00:43:56Now, during that period,

00:43:57was any mention made by Benson regarding Officer Parker?

00:44:02Oh, yes, sir.

00:44:03Benson had a real bee in his bonnet about Officer Parker.

00:44:05He felt that Parker was picking on him.

00:44:10Kept saying to me that he was going to get Parker

00:44:12and give him a good hiding.

00:44:14I, you know, tried to tell him that he would only get into trouble,

00:44:17but he wouldn't listen.

00:44:18Kept saying he was going to have Parker.

00:44:21The night before the riot,

00:44:24Benson really did his nut.

00:44:26When we were banged up for the night,

00:44:28he told me that Parker had stopped another one of his letters

00:44:31and that this one had a VO in it for his girlfriend.

00:44:35He was really mad.

00:44:36See, his girl was the only one who ever visited him

00:44:39and she had to come all the way from London.

00:44:41Anyway, he said that he was going to, you know,

00:44:45sort it all out the next day

00:44:46and if he didn't get any satisfaction,

00:44:50he was going to do Parker.

00:44:53And I asked him, you know,

00:44:54I said,

00:44:55how are you going to do him?

00:44:57And he said,

00:44:58with a bleeding hammer.

00:45:02Really?

00:45:02Now, are you absolutely certain,

00:45:05beyond any doubt whatsoever,

00:45:07that those are the words that Benson used

00:45:09the night before Officer Parker was attacked?

00:45:12Yes, sir.

00:45:13I'm quite certain he said that.

00:45:15He said a lot more besides.

00:45:17You know.

00:45:18Well, you are under oath.

00:45:19Would you please tell my lord and the jury

00:45:21what else your cellmate Benson said?

00:45:24Well, you know,

00:45:25I tried to calm him down.

00:45:26I told him that he was only making trouble for himself

00:45:30and that if he didn't watch out,

00:45:31they'd have him in front of the governor

00:45:33and stick him in the chokie.

00:45:35In the chokie?

00:45:37Oh, that's the segregation block, my lord.

00:45:39They call it the chokie.

00:45:41Do they indeed?

00:45:43Carry on.

00:45:43My lord.

00:45:44Now, what was his response?

00:45:46I mean, when you warned him.

00:45:48Well, he said he didn't care.

00:45:50He said he was sick and tired of Parker getting at him

00:45:53and that he was going to teach Parker a lesson.

00:45:56Yeah.

00:45:57Now, was there any further conversation?

00:45:58Oh, yes, a lot.

00:46:00I don't remember all of it.

00:46:03I can remember saying, you know,

00:46:05that Parker was a big man

00:46:06and that he might give Benson a scene, too.

00:46:10And Benson said,

00:46:12not after I've hit him on the head with a hammer,

00:46:14he won't, I'll crack his head like an egg.

00:46:16No, no, no.

00:46:18Somebody stop him.

00:46:19He's a little back of the eyes.

00:46:21Stop that.

00:46:22Leave that man alone.

00:46:24Benson, I must warn you against such outbursts in this court.

00:46:31I will not tolerate them.

00:46:34In good time, you will have ample opportunity in the witness box

00:46:37to question this witness's evidence.

00:46:40Until then, you will remain silent.

00:46:42Is that clear?

00:46:43Sorry, my lord.

00:46:43I lost my head.

00:46:44Will that prison officer please stand?

00:46:55What is your name?

00:46:57Officer Layton, my lord.

00:46:59Was it necessary to use that degree of violence on the accused?

00:47:03My lord, I told you at the beginning of the case,

00:47:05he's a violent man.

00:47:06That's why I had him handcuffed.

00:47:06I will not tolerate any violence in this court from any source.

00:47:11But, my lord, I'm responsible for his safekeeping.

00:47:14Then keep him safe, but unharmed.

00:47:19Yes, my lord.

00:47:21I propose to adjourn for the day.

00:47:25Usher, will you please see that Benson receives first aid

00:47:28from the court staff immediately?

00:47:32All stand.

00:47:36The cases in Fulchester are fictitious.

00:48:01Tomorrow, you can join us again when the Queen against Benson

00:48:03will be concluded in the Crown Court.

00:48:06Stephen Benson is charged with having assaulted prison officer

00:48:22William Parker whilst serving a sentence in Fulchester Prison.

00:48:26The jury in this case has been selected from members of the public

00:48:29whose names appear on the electoral register

00:48:31and who are eligible for jury service.

00:48:33Yesterday, fellow prisoner Hudson testified about the threats

00:48:37that the accused, Stephen Benson,

00:48:39had made on the night prior to the prison riot.

00:48:42Hudson is about to be cross-examined.

00:48:44Mr. Hudson, I understand that you're serving a seven-year prison sentence,

00:49:07is that correct?

00:49:08Yes, sir, that's right.

00:49:09And what offence were you found guilty of?

00:49:13It was a sexual offence.

00:49:16Would you please direct your answer to the jury, please?

00:49:20It was a sexual offence involving a young woman.

00:49:27Hudson, it was hardly a young woman.

00:49:29I have no wish to embarrass you about that offence.

00:49:33It is not my intention to retry your case in this court,

00:49:35but it is essential that I ask you certain questions.

00:49:38Now, it was a sexual offence involving a nine-year-old child, was it not?

00:49:43Yes, it was.

00:49:45Now, in cases like yours,

00:49:47I understand the practice is for prison authorities

00:49:49to segregate such offenders.

00:49:52Is that correct?

00:49:53Yes, that's right.

00:49:54And why do they do that?

00:49:56To stop us getting beaten up by the other prisoners.

00:49:59To protect us from the more virtuous criminals, you know?

00:50:02Murderers, people who shoot bank guards and the like.

00:50:05Yes, yes, yes.

00:50:05But on the night prior to this alleged assault on Officer Parker,

00:50:08you were sharing a cell with Benson.

00:50:10Now, he's not a sex offender.

00:50:11And why were you in that cell with him?

00:50:13Well, they didn't have enough room in the wing

00:50:15where they keep cases like mine.

00:50:17They put me in with Benson.

00:50:19It was about a month before the riot.

00:50:21He was considered harmless.

00:50:23Harmless?

00:50:24And was he harmless?

00:50:26How do you mean?

00:50:27Well, did he ever beat you up or threaten you with violence?

00:50:30No, no.

00:50:31But I could tell he wasn't happy about sharing with me.

00:50:34Could you?

00:50:35Now, this conversation that you allege you had with Benson,

00:50:38in which he threatened to crack Parker's head with a hammer,

00:50:40do you have any witnesses to this?

00:50:43Yes.

00:50:44They'd put another prisoner in our cell

00:50:46just a few days before the riot.

00:50:48He was there.

00:50:49Well, then, doubtless,

00:50:50he will be able to confirm your evidence.

00:50:53Well, I don't know about that.

00:50:55One Mr. Anthony Mills, I believe.

00:50:58Well, we shall hear from him shortly.

00:51:00Now, Mr. Hudson,

00:51:01you are eligible for parole, are you not?

00:51:04Yes.

00:51:05I am with some luck.

00:51:06You could be a free man shortly after this trial.

00:51:10Yes.

00:51:11Did someone do a deal with you?

00:51:13Did someone say something like,

00:51:15look, you're sweating on your parole.

00:51:18Now, if you choose to be cooperative about this assault on Parker,

00:51:22it could make your parole chances a lot easier.

00:51:24Now, was something like that said to you?

00:51:26I went to see the governor voluntarily.

00:51:30Nobody told me to go.

00:51:31I call Arthur John Humphreys.

00:51:38And I've been prison governor at Fullchester for four years now.

00:51:43Yes.

00:51:43Now, Mr. Humphreys,

00:51:44the suggestion has been made during this trial

00:51:47that a deal was done with the witness Hudson,

00:51:50that it was intimated to him

00:51:52that if he gave damaging testimony against the accused,

00:51:55he, Hudson, might get his parole.

00:51:57Now, as I understand the parole system,

00:51:59the only member of a prison staff

00:52:01who can affect the parole is the governor himself.

00:52:05That's right, yes.

00:52:06Right.

00:52:06Now, did you do a deal with Hudson?

00:52:08I've never done a deal with a prisoner for a slice of bread,

00:52:11let alone an issue as grave as this.

00:52:12Exactly.

00:52:13Thank you, Mr. Humphreys.

00:52:14Now, proud to the alleged assault on Officer Parker,

00:52:17had the accused, to your knowledge,

00:52:20committed any acts of violence?

00:52:21Not in my prison, no.

00:52:22But during his previous sentences,

00:52:24there are two incidents recorded

00:52:25where he threatened prison officers.

00:52:27Thank you, Mr. Humphreys.

00:52:30Mr. Humphreys,

00:52:31you have some ten years' experience of the prison service.

00:52:33Yes, I do.

00:52:34At a number of prisons?

00:52:35Yes.

00:52:36My lord, anticipating that there may be objections

00:52:38from a learned friend,

00:52:39I would like to advise him

00:52:40that I intend to question this witness

00:52:41not merely about the conditions within Fulchester Prison,

00:52:44but conditions throughout the prison service.

00:52:47It is my desire that the jury should be able

00:52:49to set the specific against the general.

00:52:52I see.

00:52:52Do you have any objections

00:52:53to that line of questioning, Mr. Lathal?

00:52:55Oh, that's all, my lord.

00:52:57I would like to think that in this trial

00:52:59both councils have conducted themselves

00:53:01with complete fairness.

00:53:03Of course, it is not Fulchester Prison in particular,

00:53:06nor indeed the prison service in general

00:53:07that is on trial,

00:53:08but I have no objections

00:53:09if my learned friend wishes to wander abroad.

00:53:13How much of life will not?

00:53:17Ah, Mr. Humphreys,

00:53:18I understand that Fulchester Prison was built in 1840.

00:53:21Mm-hmm.

00:53:22Must be the oldest still in use in the country.

00:53:24Oh, good lord, no.

00:53:25Dartmoor was built to house prisoners

00:53:27from the Napoleonic Wars,

00:53:28and they're still using it.

00:53:30Durham was built in the early 1800s,

00:53:33Carkehurst, 1830,

00:53:36Winston Green and Lewis

00:53:37were both completed in 1853,

00:53:38and there are over 30 prisons

00:53:40still in use today

00:53:41that were built before the First World War.

00:53:44Are they all as overfull as yours?

00:53:46Well, it varies.

00:53:46Some of them are.

00:53:48Winston Green, for example.

00:53:50The normal accommodation there

00:53:51should be for a maximum of 596.

00:53:54Now, you'll find over 800 there at this minute.

00:53:57I understand that the prison population

00:53:58is at its highest ever figure.

00:54:01Presumably, then,

00:54:02all of our prisons are overfull.

00:54:04No.

00:54:05Some, like Grendon Underwood, for example,

00:54:08are half empty.

00:54:09Others have been closed

00:54:10during the past few years.

00:54:11I can think of

00:54:12six that have been closed

00:54:15during the past two years.

00:54:17But why close some

00:54:18and keep others half empty

00:54:19when prisons like yours

00:54:20are bursting at the seams?

00:54:21Oh, I gather the experts

00:54:23have some difficulty

00:54:24predicting prison population trends.

00:54:26And by experts,

00:54:27you mean civil servants

00:54:28at the Home Office?

00:54:29Yes.

00:54:30Some of them.

00:54:32Yes.

00:54:33Now, is it not a fact

00:54:34that because they have

00:54:34in the past few years

00:54:35experienced such difficulties,

00:54:37some 2.5 million pounds

00:54:40of public money

00:54:41was wasted

00:54:41because prison-building projects

00:54:43put in hand

00:54:44were subsequently scrapped?

00:54:46Yes, that's right.

00:54:47Now, what does it cost

00:54:48to keep an inmate in custody?

00:54:4978 pounds per week.

00:54:51That's...

00:54:5178?

00:54:51Per person, per week.

00:54:54Now, Mr. Humphreys,

00:54:55the accused is illiterate.

00:54:57Now, in that respect,

00:54:58is he unique

00:54:59as far as Fulchester prison is concerned?

00:55:01Well, she was.

00:55:02Now, my staff estimate

00:55:04that one in five

00:55:05of the inmates

00:55:05needs remedial training.

00:55:07But that's...

00:55:08that's approximately 140 men

00:55:10in your prison alone

00:55:11who are illiterate.

00:55:12Yes.

00:55:14Well, now, evidence...

00:55:15evidence has been given

00:55:16that there have been

00:55:17no evening classes

00:55:18in your prison

00:55:19for the past two years.

00:55:20What's the reason for that?

00:55:21Not enough facilities,

00:55:22not enough money,

00:55:23not enough staff.

00:55:23Now, I'd be happy

00:55:24to organise evening classes

00:55:25if you could persuade

00:55:26the government

00:55:26to spend the money.

00:55:27Money?

00:55:28Well, talking of money,

00:55:29how much do we spend

00:55:29each year on prisons

00:55:30and how much on, say,

00:55:31the probation service?

00:55:32On prisons,

00:55:34150 million pounds,

00:55:35which is five times

00:55:36what we spend on probation.

00:55:38Five times.

00:55:40Workshop three,

00:55:41exactly what kind of work

00:55:42is down there?

00:55:42Metal recovery.

00:55:43That's dismantling

00:55:44old post office equipment.

00:55:46What wage do the men

00:55:47in that workshop earn?

00:55:49Six defense a week.

00:55:50How many hours per week

00:55:51do they work?

00:55:5326, which is the national

00:55:54average in prisons.

00:55:55The target is 40 hours per week,

00:55:57but there's not, I believe,

00:55:57a single prison in the country

00:55:58where this target is achieved.

00:56:00Now, the main reason

00:56:00for this disparity

00:56:01is shortage of prison officers

00:56:03down.

00:56:04The work that they do

00:56:05in this particular workshop,

00:56:07would you say

00:56:08that it was designed

00:56:08to help their rehabilitation?

00:56:11No.

00:56:11The main priority

00:56:12is to give them

00:56:13something to do,

00:56:14anything.

00:56:15Well, tell us,

00:56:16what is the main form

00:56:17of work within our prisons?

00:56:19Domestic service.

00:56:20Cleaning.

00:56:22Cleaning?

00:56:22But, Mr. Humphreys,

00:56:23I am right, am I not,

00:56:24that the prison rules

00:56:24state quite clearly

00:56:25that the purpose

00:56:26of the training

00:56:27and treatment

00:56:27of convicted prisoners

00:56:28shall be to encourage

00:56:29and assist them

00:56:30to lead a good

00:56:31and a useful life.

00:56:34Rule one, yeah?

00:56:35Yes.

00:56:36Well, tell me,

00:56:36is there any machinery

00:56:38for consultation

00:56:39between the prison department

00:56:40and the TUC

00:56:41and the CBI

00:56:42to seek

00:56:43more, well,

00:56:45better areas of work

00:56:46for these people?

00:56:47Yes, yes, there is,

00:56:48but I'm afraid

00:56:48I can't give you details

00:56:50of those meetings.

00:56:50Why not?

00:56:52Well, the meetings

00:56:52are held in secret

00:56:53and the minutes

00:56:53are never published.

00:56:54I can't think why

00:56:55there's all this secrecy.

00:56:57I gather it's considered

00:56:58to be a sensitive area,

00:57:00my lord.

00:57:00Yeah.

00:57:01Yeah.

00:57:03So there's a riot-torn prison.

00:57:06Thank you, my lord.

00:57:08Mr. Humphreys,

00:57:08apart from the censorship problem,

00:57:10what kind of prisoner

00:57:11was the accused?

00:57:15He's never been on report

00:57:16in my prison.

00:57:17He's never been on report.

00:57:18Thank you, Mr. Humphreys.

00:57:20In order,

00:57:21that is the case

00:57:22for the prosecution.

00:57:25I call the accused,

00:57:27Stephen Benson.

00:57:31Stephen Benson,

00:57:32did you on July the 27th

00:57:34attack Officer Parker?

00:57:36No, sir.

00:57:36Don't go around

00:57:37whacking screws.

00:57:38I beg your pardon, Benson.

00:57:39My lord,

00:57:40I'm afraid we're going

00:57:41to experience some difficulty

00:57:42during my client's testimony.

00:57:43His language is heavily sprinkled

00:57:45with prison slang

00:57:45and London colloquialism.

00:57:47I see.

00:57:48Well, Mr. Elliot,

00:57:49perhaps between us

00:57:50we can make sure

00:57:50that the jury

00:57:51have some idea

00:57:52of what the accused

00:57:53is talking about.

00:57:54I do hope so, Lord.

00:57:56I believe that he just remarked

00:57:57that he does not go around

00:57:58hitting prison officers.

00:58:00I'm obliged.

00:58:02Benson,

00:58:03earlier in this trial,

00:58:04excuse me,

00:58:05your criminal record

00:58:06was read out.

00:58:07Now,

00:58:08all of the crimes

00:58:08of which you have been

00:58:09found guilty

00:58:10throughout your young life

00:58:11appear to be

00:58:12non-violent ones.

00:58:14Is that correct?

00:58:14Yes, sir.

00:58:15I just do a bit of

00:58:15screwing now and again.

00:58:17You mean

00:58:17you've been a prison officer?

00:58:19No, me lad.

00:58:21Screwing.

00:58:21Breaking and entering,

00:58:22that sort of thing.

00:58:25Come on, Lord.

00:58:26Now,

00:58:26you heard Governor

00:58:27Humphreys testify

00:58:28that apart from

00:58:28this business of your letters,

00:58:30you've not caused him

00:58:31any trouble.

00:58:32Now,

00:58:32have you caused

00:58:32any trouble

00:58:33during any of your

00:58:34previous prison terms?

00:58:35No, sir.

00:58:35I always do me bird quietly.

00:58:37You have never been

00:58:38violent in prison?

00:58:40That's what I said.

00:58:41Foolish lot,

00:58:42I've never been

00:58:42in the choking.

00:58:44Now,

00:58:44you've heard allegations

00:58:44made by your former

00:58:45cellmate,

00:58:46one Mr. Hudson.

00:58:48What do you have

00:58:48to say about them?

00:58:49That little nonce

00:58:50is no mate of mine.

00:58:51That's what he said.

00:58:52He should be done

00:58:53for perjury.

00:58:53I believe the word

00:58:54nonce, my lord,

00:58:55is what the inmates

00:58:56refer to as sexual offenders.

00:58:58Thank you, sir.

00:59:00Now, Stephen,

00:59:00this present sentence

00:59:02that you're serving,

00:59:02now,

00:59:03apart from your girlfriend,

00:59:04is there anyone else

00:59:05that you see on visits

00:59:06or that you write to?

00:59:08No, sir.

00:59:09That's what gets so aggravated

00:59:10when they do a number

00:59:11of me letters.

00:59:12I thought about

00:59:13shoving out a stiff.

00:59:14I changed my mind.

00:59:15I didn't want to get

00:59:15into trouble.

00:59:16Mr. Benson,

00:59:16what is a stiff?

00:59:18A bent letter.

00:59:19One that's been

00:59:20smuggled out the knicks.

00:59:21Ah,

00:59:21thank you.

00:59:23Now,

00:59:23would you please

00:59:24tell the court

00:59:24in your own words

00:59:25what happened

00:59:25when you returned

00:59:26from the welfare office

00:59:27to workshop three

00:59:28on July,

00:59:30the 27th?

00:59:31Well,

00:59:31it didn't get

00:59:31any satisfaction

00:59:32out of the welfare.

00:59:34That's why I told her

00:59:35I was going to have him.

00:59:36Parker, that is.

00:59:37What do you mean

00:59:38you were going to have him?

00:59:39I was going to the AG,

00:59:41make a complaint about him.

00:59:42The AG being

00:59:43the assistant governor?

00:59:44Of course.

00:59:45Well,

00:59:46the red band

00:59:46took me back

00:59:47to the workshop

00:59:47and Parker come in

00:59:49so the other screw

00:59:50could get the tea.

00:59:51So I had a go at Parker.

00:59:53What do you mean

00:59:54you had a go at him?

00:59:55I told him

00:59:56what I thought of him.

00:59:56They've been

00:59:57taking liberties of me.

00:59:59Yes, go on.

01:00:00Well, he said,

01:00:01go back and get on

01:00:03with your work,

01:00:03ignorant bastard.

01:00:04So I did.

01:00:06I stopped for a chat

01:00:07with a mate on the way

01:00:08who wanted to know

01:00:08how I got on

01:00:08at the welfare.

01:00:10I was telling him

01:00:10when I heard Parker

01:00:11cry out.

01:00:12I turned round

01:00:13and he was lying there

01:00:14on the floor.

01:00:15On the floor?

01:00:16Did you see anyone

01:00:17hit him?

01:00:18No, sir.

01:00:18I ran over to see

01:00:19what was the matter.

01:00:20He was out of bed.

01:00:22Somebody other con

01:00:23said I should sit down

01:00:24and leave him alone,

01:00:24but I couldn't

01:00:25leave him like that.

01:00:26There was blood

01:00:26everywhere.

01:00:27So I ran and pressed

01:00:28the alarm bell

01:00:28and then I went back

01:00:29to see what I could...

01:00:29Just one minute.

01:00:31Are you saying

01:00:31that it was you

01:00:32that rang the alarm bell?

01:00:33Of course.

01:00:34He was bleeding to death.

01:00:36I ran and pressed the bell

01:00:37then I went back

01:00:38to see what I could do

01:00:39for him.

01:00:40I was kneeling beside him

01:00:41when those two

01:00:42came storming in.

01:00:44That bastard

01:00:45accident come at me

01:00:45like a tank.

01:00:47It was clubbing me

01:00:47and kicking me

01:00:48all over the place.

01:00:49Some of the others

01:00:50started to give out

01:00:50the shouts

01:00:51and then everything

01:00:51went black.

01:00:53Next thing I remember

01:00:54is that nutter

01:00:54throwing me in the choking.

01:00:56Then he come in

01:00:56and started kicking me again.

01:00:59He kicked the shit

01:01:00out of me.

01:01:11Listen, this story,

01:01:12this touching story

01:01:14of yours

01:01:14about your concern

01:01:15for Parker,

01:01:15you don't really expect

01:01:16my lord and the jury

01:01:17to believe it, do you?

01:01:18Well, it's the truth.

01:01:20Well, here is this man

01:01:21whom you clearly disliked,

01:01:22a man whom you had told

01:01:24the welfare officer

01:01:25you were going to have,

01:01:27a man who said

01:01:28you had threatened

01:01:28to crack like an egg.

01:01:29Here is this man

01:01:30and you run to help him.

01:01:32It's an absurd story.

01:01:33You're twisting my words.

01:01:34I never said

01:01:35I was going to crack his head.

01:01:36Your cellmate

01:01:37that's in the swarm

01:01:38that you threatened to.

01:01:39Yeah, the little lance

01:01:39is lying.

01:01:40And that is exactly

01:01:41what happened,

01:01:42is it not?

01:01:42He did get his head

01:01:43cracked like an egg,

01:01:44didn't he?

01:01:44Not by me, he didn't.

01:01:46Come now,

01:01:47you were caught

01:01:47by these two officers

01:01:48with the hammer

01:01:49in your hand.

01:01:50I was lying on the floor.

01:01:52It probably dropped

01:01:52off the workbench

01:01:53for all I know.

01:01:54Really?

01:01:55Just as Officer Parker,

01:01:56if we are to believe

01:01:57your defence,

01:01:58just as he fell

01:01:59on the floor.

01:02:00Look, all I know

01:02:00is I didn't hit him.

01:02:02I don't go round

01:02:02hitting people.

01:02:03It's not my scene.

01:02:04Officer Turner

01:02:05has testified

01:02:05that you threatened him.

01:02:07The prison governor

01:02:08has testified

01:02:08that, while serving

01:02:09prison sentences,

01:02:11you did,

01:02:11on two separate occasions,

01:02:13threaten officers.

01:02:14Hardly passive behaviour

01:02:15is it, then?

01:02:16There were just threats

01:02:17when I was wound up.

01:02:18I wouldn't hit anyone.

01:02:19It's stupid.

01:02:20Yes, well,

01:02:21I put it to you

01:02:21that this story of yours

01:02:22is not merely stupid,

01:02:24but that it is

01:02:24a fabrication,

01:02:25a fantasy,

01:02:26and that there is not

01:02:27one word of truth in it.

01:02:29I'm telling the truth.

01:02:30I'm on oath

01:02:30to do that.

01:02:31Yes,

01:02:32just as you were

01:02:33on a number of occasions

01:02:34in the past.

01:02:35Evidently,

01:02:36those juries

01:02:36do not believe you either.

01:02:38Lord, I must admit it.

01:02:39Mr. Lattimore,

01:02:40that was an unwarranted

01:02:41personal attack.

01:02:43It's all right, Governor.

01:02:44I can give him his answer.

01:02:45Can you now?

01:02:46I should like to hear it.

01:02:47Every time I've been done before,

01:02:49I've pleaded guilty,

01:02:50so it hasn't been a case

01:02:51for juries.

01:02:53You should know that,

01:02:54my lord.

01:02:54You sent me away

01:02:55for the sentence

01:02:55I'm serving at the moment.

01:02:56I did?

01:02:57Yes, sir.

01:02:59You're sure?

01:03:00Yes, sir.

01:03:06Ulchester Crown Court,

01:03:07August the 14th.

01:03:091974.

01:03:13I did indeed.

01:03:14Now,

01:03:14why didn't you mention

01:03:15this earlier?

01:03:16You could have had

01:03:17a different trial judge.

01:03:19I'm happy with the one I've got.

01:03:20I thought it was very fair

01:03:21to me last time.

01:03:22I don't know,

01:03:23I'm sure.

01:03:24Are you certain

01:03:25you have no objection

01:03:26to my sitting on this case?

01:03:27You are at liberty

01:03:28to discuss this

01:03:29with your counsel,

01:03:30if you wish.

01:03:30There's no need.

01:03:31I'm happy.

01:03:32Mr. Lattimore,

01:03:33Mr. Elliot,

01:03:34in view of the fact

01:03:34that I've dealt

01:03:35with this man previously,

01:03:37do either of you

01:03:38have any application?

01:03:40No, my lord.

01:03:41No, my lord.

01:03:42Very well.

01:03:44Let us continue.

01:03:46I have no further questions,

01:03:47my lord.

01:03:48Thank you, Stephen.

01:03:49Call Mr. Anthony Mills,

01:03:50please.

01:03:52Mr. Mills,

01:03:53is the accused

01:03:54known to you?

01:03:55Yeah,

01:03:55we were sharing

01:03:56the same cell

01:03:57at the time of the trouble.

01:03:58I'm not known to you,

01:03:59am I, Mr. Mill?

01:04:01No, I haven't had

01:04:02that pleasure,

01:04:02my lord.

01:04:03No.

01:04:04By trouble,

01:04:05you mean...

01:04:05What they call the riot.

01:04:07I've been in isolation

01:04:08since then.

01:04:09Did you ask

01:04:09to be put in isolation?

01:04:11Of course not.

01:04:11It was governor's orders.

01:04:13He slapped about

01:04:1320 of us

01:04:14into isolation

01:04:15after the trouble,

01:04:16and we're still there.

01:04:18But that's

01:04:19six months ago.

01:04:20That's right.

01:04:20We'll be there

01:04:21until the committee

01:04:22inquiring into the riot

01:04:23decides to finish inquiring.

01:04:26Now, the night

01:04:26before the riot,

01:04:27do you recall

01:04:27the conversations

01:04:28that took place

01:04:29in your cell?

01:04:29Yes, I do.

01:04:31It's been alleged

01:04:31by one witness

01:04:32that Benson

01:04:33made a number

01:04:33of threatening remarks

01:04:34that evening

01:04:35whilst in the cell.

01:04:36Do you recall those?

01:04:36He never threatened anybody.

01:04:38He wouldn't hurt

01:04:38a fly, that one.

01:04:40Did you hear him

01:04:41at any time

01:04:41during the entire night

01:04:43make any kind of threats

01:04:44towards Officer Parker?

01:04:46No,

01:04:46the only thing he said

01:04:47about Parker that night

01:04:48was he was going

01:04:48to see the AG

01:04:49and complain about

01:04:50the way his letters

01:04:50were being censored.

01:04:52No threats

01:04:52to hit the officer,

01:04:53Officer Parker,

01:04:54over the head

01:04:54with a hammer.

01:04:55Well, Ivy Benson,

01:04:56you must be joking.

01:04:58He's not a TBH merchant,

01:04:59he's just a tea leaf.

01:05:01He just does his bird

01:05:02nice and quietly

01:05:03and never causes

01:05:04any trouble

01:05:04to the heavy mob.

01:05:05They don't even bother

01:05:06to spin his peter.

01:05:07Oh, dear,

01:05:07here we go again.

01:05:09Mr Mills,

01:05:10it would greatly

01:05:10assist proceedings

01:05:12if we could maintain

01:05:13at least a nodding

01:05:14acquaintance

01:05:15with the Queen's English.

01:05:16Oh, certainly.

01:05:17I'm sorry, my lord.

01:05:18I was merely stating

01:05:19that Benson there

01:05:20is not a violent criminal,

01:05:21he's just a thief.

01:05:23He's never caused

01:05:24any trouble in prison,

01:05:25not even by those officers

01:05:26who go out looking for it.

01:05:28And they don't even bother

01:05:29to search his cell.

01:05:30Is that better?

01:05:31I'm much obliged.

01:05:33Good Lord.

01:05:34Now, anticipating

01:05:34that my learned friend

01:05:35will wish to inquire

01:05:36into your past,

01:05:38Mr Mills,

01:05:38would you mind telling us

01:05:39what you're in prison for?

01:05:41Quieting.

01:05:42I've got three years.

01:05:43Oh, that's passing

01:05:44false checks, my lord.

01:05:47Now, prior to the riot,

01:05:49where did you work

01:05:50in the prison?

01:05:51Same place as Stevie,

01:05:52Workshop 3.

01:05:53And were you in

01:05:54the Workshop 3

01:05:54on July the 27th

01:05:55of this year?

01:05:56Yes, I was.

01:05:57And were you in

01:05:58Workshop 3

01:05:58when the accused

01:05:59returned from

01:06:00the welfare office?

01:06:01Yes.

01:06:02And would you please

01:06:02tell the court

01:06:03what happened?

01:06:05Well, he came back

01:06:06and he had a bit

01:06:06of a row with Parker

01:06:07about his letters

01:06:08being stopped.

01:06:09And Parker told him

01:06:11to shut up

01:06:11and get back to work.

01:06:12So I called Stevie over

01:06:13to ask him

01:06:14how he got on

01:06:14with the welfare.

01:06:15Well, we were having

01:06:16a bit of a bunny

01:06:17when suddenly Parker

01:06:18lets out the yell.

01:06:19I thought at first

01:06:19he was rucking Stevie

01:06:21for talking.

01:06:22And then Stevie runs

01:06:23over to where Parker

01:06:24had collapsed on the

01:06:25floor and he presses

01:06:26the alarm bell.

01:06:27And that animal

01:06:28accident comes roaring

01:06:29in and starts kicking

01:06:30Stevie all over the place

01:06:31and belting him

01:06:32with his truncheon.

01:06:33Then he drags Stevie

01:06:34outside.

01:06:36By that time,

01:06:36things had started

01:06:37to get a little bit

01:06:37heavy in the workshop.

01:06:38You know, there was

01:06:39chairs flying about

01:06:40and there was a couple

01:06:41of windows got broke

01:06:42and, well, there was

01:06:43a fire.

01:06:45And now they're deciding

01:06:46which of us to charge

01:06:47with rioting.

01:06:48Mr. Mills, I thank you.

01:06:51Mr. Mills,

01:06:52bouncing checks

01:06:53is not the total extent

01:06:54of your criminal record,

01:06:55is it?

01:06:56No, I've got a record

01:06:57longer in your wig

01:06:58and before you ask,

01:06:59it's a violent one.

01:07:00All right.

01:07:02Yes.

01:07:02Now, this is not

01:07:04the first prison riot

01:07:05in which you have

01:07:05been involved, is it?

01:07:06No, and it probably

01:07:07won't be the last.

01:07:08As long as the screws

01:07:09cheat us like wild animals,

01:07:11we'll act like wild animals.

01:07:12Green Tree Prison, 1973.

01:07:15You tried to form

01:07:15a prisoners' union then,

01:07:17did you not?

01:07:18Yes, I did.

01:07:19Yes, the result

01:07:20was the riot

01:07:21costing this country

01:07:21half a million pounds,

01:07:23was it not?

01:07:23That's right.

01:07:24I did it all on my own.

01:07:26I don't be bloody stupid.

01:07:27We were protesting

01:07:28about the brutality

01:07:29in that nick,

01:07:30about the food

01:07:30not fit for pigs.

01:07:32Do you know

01:07:33that proportionately

01:07:34they spend more money

01:07:35feeding the guard dogs

01:07:36in this country's nicks

01:07:37than they do

01:07:37on the cons' food?

01:07:39Anyway, why shouldn't

01:07:40prisoners be members

01:07:41of a union?

01:07:42I am not here,

01:07:42Mr. Mills,

01:07:43to debate with you

01:07:44your extraordinary ideas,

01:07:45nor am I here

01:07:46to answer your questions.

01:07:47You are here

01:07:48to answer mine now.

01:07:50The riot in Green Tree Prison

01:07:51began when you hit

01:07:52a prison officer,

01:07:53did it not?

01:07:54No, that riot

01:07:55in Green Tree Prison

01:07:56began 150 years ago

01:07:57when they built the place.

01:07:59And the screws

01:08:00they had there in 1973

01:08:01still thought in terms

01:08:02of treadmills

01:08:04and picking oakum.

01:08:06Even the dustbins

01:08:06were chained together

01:08:07like they are in Parkhurst.

01:08:08Hit a screw.

01:08:10You bet I hit him

01:08:11and I'll tell you why.

01:08:11The reason I hit him...

01:08:12I am not interested in why.

01:08:13My lord,

01:08:14can I finish my answer?

01:08:15Yes, Mills,

01:08:15you may.

01:08:18I hit him

01:08:19because he put

01:08:20carbolic acid

01:08:21in the fish tank

01:08:22in my cell

01:08:23and killed my fish.

01:08:25Now, he didn't do that

01:08:26to punish me

01:08:27or because I've been

01:08:27a naughty boy.

01:08:29Now, it was a warning.

01:08:31Stop going on

01:08:31about prisoners' rights

01:08:33or else.

01:08:34He was trying to

01:08:34wind me up

01:08:35to get me at it.

01:08:36Well, he succeeded.

01:08:37I did over 500 days

01:08:39solitary confinement

01:08:39after that.

01:08:41That's nearly two years.

01:08:43Alone in a cell

01:08:4323 hours a day.

01:08:45Oh, they let you out

01:08:45for an hour a day

01:08:46so you don't forget

01:08:47how to walk.

01:08:50In 1972,

01:08:52you staged

01:08:53a sit-down strike

01:08:54at Garfield Prison.

01:08:55Is that right?

01:08:55I staged

01:08:56a sit-down strike

01:08:57in protest

01:08:57of the work

01:08:58they had us doing.

01:08:59We spent

01:09:00every working day

01:09:01making chairnecks.

01:09:02And when we made them,

01:09:04they burnt them

01:09:05in the prison furnace.

01:09:06That's how they get at you.

01:09:07I don't listen to all

01:09:08it's crap about rehabilitation.

01:09:09Nobody wants to rehabilitate us.

01:09:11Why should they?

01:09:11Well, if they did,

01:09:12they'll be out of work.

01:09:13Come to think of it,

01:09:14you'd all be out of work

01:09:14as well.

01:09:15Mills,

01:09:16just now,

01:09:17you remarked that

01:09:18at Greentree,

01:09:20you were held

01:09:21in solitary confinement

01:09:22for over 500 days.

01:09:25You sure it was that long?

01:09:27Yes, my lord.

01:09:28That's by no means

01:09:29the record.

01:09:30Timothy Noonan

01:09:31had over 1,000 days

01:09:32solitary before

01:09:33the press got hold of it.

01:09:34The late

01:09:35Timothy Noonan,

01:09:36I should say.

01:09:37Yes.

01:09:39Yes, thank you.

01:09:42My lord.

01:09:44Mr Mills,

01:09:45how would you

01:09:46sum up your attitude

01:09:47to prison officers?

01:09:49In a word,

01:09:50hatred

01:09:51for what they've done

01:09:52to me

01:09:53and what they're doing

01:09:53to others.

01:09:54Yes, you hate them enough

01:09:55to come into that box

01:09:56and to lie about them,

01:09:57don't you?

01:09:57Oh, do me a favor.

01:09:59I don't have to lie about them.

01:10:00Just tell the truth.

01:10:01Well, I suggest

01:10:02that there is not

01:10:03one word of truth

01:10:04in your account

01:10:05of the attack

01:10:05on Officer Parker.

01:10:06I suggest

01:10:07that it is

01:10:08a tissue of lies.

01:10:12Ladies and gentlemen

01:10:12of the jury,

01:10:13I am here

01:10:14to guide you

01:10:15in matters of fact.

01:10:17Of truth,

01:10:18you are

01:10:19the sole judges.

01:10:21Now, did the accused,

01:10:22Stephen Benson,

01:10:23make a brutal attack

01:10:24on a prison officer

01:10:25resulting,

01:10:26as we have heard,

01:10:27in that officer

01:10:28becoming little more

01:10:29than a living vegetable?

01:10:32This case has a number

01:10:33of unusual features,

01:10:35not least of which

01:10:36is the amount

01:10:36of tainted evidence.

01:10:38By that,

01:10:39I mean evidence

01:10:40which has come

01:10:40from dubious quarters.

01:10:43In his final speech

01:10:44to you,

01:10:45prosecuting counsel

01:10:46rightly drew

01:10:47your attention,

01:10:48not only to the record

01:10:49of the accused,

01:10:50but also to the record

01:10:52of the witness Mills.

01:10:55You will consider

01:10:56what he said.

01:10:58You will also consider

01:10:59defense counsel's remarks

01:11:01concerning the witness

01:11:02Hudson.

01:11:05I would like you now

01:11:06to retire,

01:11:08elect a foreman,

01:11:09and consider

01:11:10your verdict.

01:11:11All stand.

01:11:26Members of the jury,

01:11:27will your foreman

01:11:27please stand?

01:11:29Have at least ten of you

01:11:30reached a verdict

01:11:31upon which you are all agreed?

01:11:32Yes.

01:11:33Do you find the defendant

01:11:34guilty or not guilty?

01:11:35Not guilty.

01:11:40Stephen Benson,

01:11:42the verdict is one

01:11:42of not guilty.

01:11:44You are free

01:11:45to leave this court

01:11:46and return

01:11:48to Fulchester prison.

01:11:52All stand.

01:12:05All stand.

01:12:08You are free

01:12:19to leave this court

01:12:19and return

01:12:19to Fulchester prison.

01:12:20All stand.

01:12:22All stand.

01:12:23All stand.

01:12:24Get out.

01:12:24All stand.

01:12:24Get out.

01:12:25All stand.

01:12:26All stand.

01:12:31All stand.

Crown Court - Inside Story (1976)

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