Crown Court - Beyond the Call of Duty (1976) - video Dailymotion

Jezza

All 3 episodes of the Crown Court story "Beyond the Call of Duty". Colin Tyler, a Comprehensive school teacher, is charged and arrested with indecent assault on a boy under the age of 16. Keith Drinkel stars.

Transcript

00:00:00On October the 4th last year, Colin Tyler, a teacher at Greenacres Comprehensive School,

00:00:24was arrested and charged with indecent assault on a boy under the age of 16.

00:00:28It is alleged that on August the 25th, he invited one of his pupils to his flat,

00:00:33where the offence is alleged to have occurred.

00:00:35Colin Tyler has elected to conduct his own defence.

00:00:41As you have heard, the accused has been charged with and pleaded not guilty to

00:00:45the offence of indecently assaulting a 15-year-old boy, whom we shall refer to as Kay.

00:00:51The accused is a schoolmaster.

00:00:52Now, Kay went to that school where the accused taught in September 1974.

00:00:58The accused at once laid siege to the boy.

00:01:02Evidence will be brought to show that the accused cultivated a friendship with the boy,

00:01:05both in and out of school.

00:01:07On August the 25th of last year, a bank holiday,

00:01:11the accused took Kay to the fair and later invited him back to his flat,

00:01:15where the assault took place.

00:01:16Detective Inspector McGovern, will you tell the court whether you visited the home of the accused

00:01:22at 28th The Grove on September the 13th?

00:01:24Yes, sir, I did.

00:01:25And was he at home?

00:01:26He was not at home.

00:01:28I left a card requesting him to contact the Fulchester CID.

00:01:31And did he do so?

00:01:33No, sir, not on that occasion.

00:01:34So what did you do as a result of this failure to appear?

00:01:37I paid a return visit on October the 3rd.

00:01:38Again, he was not at home.

00:01:40I left another card requesting a visit immediately.

00:01:43And what happened then?

00:01:44The accused came around to the police station the following evening,

00:01:46where I interviewed him.

00:01:47And will you tell the court what happened in the course of that interview?

00:01:50Sir.

00:01:50I said to him, do you know the boy Kay?

00:01:56He said, no.

00:01:57I said, according to my information, Kay is a boy attending Greenacres Comprehensive School.

00:02:01He said, oh, that Kay.

00:02:03I said, do you know him?

00:02:04He said, oh, yes.

00:02:06I then asked him if Kay had been the boy who had accompanied him to the fair on August the 25th.

00:02:11He said, I don't keep a diary.

00:02:13I can't remember.

00:02:14Is it not true, I asked him, that Kay visited your flat on that same evening?

00:02:18He said, he called in briefly.

00:02:20I said, are you aware that Kay alleges that you indecently assaulted him in that flat?

00:02:24He said, that's impossible.

00:02:26Later, he said, certain improprieties may have occurred, but no indecency took place.

00:02:33What happened as a result of this interview?

00:02:35I cautioned him and then arrested him on a charge of indecently insulting a minor.

00:02:39He then made a written statement.

00:02:40Will you read that statement of the court?

00:02:41That's Exhibit 1, my lord.

00:02:42Sir.

00:02:42Yeah.

00:02:42I have known Kay since he came to Greenacre School.

00:02:52Knowing him to be without a father, I took a special interest in his progress, both academic and social.

00:02:58I could not help observing that the boy became very attached to me.

00:03:00We met occasionally outside of school hours, but almost always on the school premises.

00:03:04He called up my flat on two occasions before August the 25th, but had not been invited in.

00:03:10On August the 25th, he asked me to take him to the fair.

00:03:12He seemed very depressed and was very insistent that he should be allowed to come back to the flat with me.

00:03:17He appeared to become more depressed.

00:03:19I put my arm around him.

00:03:21Later in the evenings, his spirits rose perceptibly and a friendly flight occurred.

00:03:25He left at 9.30.

00:03:26At no time did anything happen that could possibly be construed as indecent.

00:03:30Thank you, Detective Inspector McGovern.

00:03:32Well, now, Mr. Kylo.

00:03:41Now, Detective Inspector McGovern, you say that you called at 28th the Grove as a result of information received.

00:03:52Would you tell the court what that information was, please, and how it was received?

00:03:56It was brought to the attention of the police that a criminal and improper relationship was being conducted between you and the boy, Kay.

00:04:06Now, did the information come in the form of an anonymous letter?

00:04:10For the first instance, yes.

00:04:11Now, Detective Inspector McGovern, would you say that you received many anonymous letters?

00:04:16Quite a few.

00:04:17How many each year, on average?

00:04:19That's an impossible question. I don't know.

00:04:21Well, does it run into hundreds or merely a dozen or so?

00:04:24I am not in charge of statistics.

00:04:25Do you know?

00:04:27I exactly know.

00:04:30These anonymous letters that you do receive, what percentage of them would you say contains information which tends to be accurate?

00:04:38I don't know.

00:04:40In general terms, would you say that the information received in anonymous letters tends to be reliable or unreliable?

00:04:49There is.

00:04:50Is it quite often inaccurate?

00:04:54Yes, it is.

00:04:55And yet, on this occasion, you chose to act upon the information?

00:04:59Oh, yes.

00:05:00We investigate all such letters, however malicious and frivolous.

00:05:03Now, when you called at my home on September the 13th and found no one there, what did you do with your card?

00:05:10I put it through the letterbox.

00:05:13Did it contain any indication of the matter concerned?

00:05:17No.

00:05:18Would it be possible for the recipient to believe that it was merely a routine school matter?

00:05:23Yes.

00:05:23So, would you say that my lack of urgency in contacting the police showed a disregard for the matter?

00:05:30No.

00:05:31No.

00:05:32Now, will you tell the court what happened, please, on the evening of October the 4th?

00:05:38I've already given that information.

00:05:39Not all of it.

00:05:41Wouldn't you agree that your report of the initial interview with me omitted a substantial part of the conversation between us?

00:05:48In the interests of brevity, I confine myself to the relevant portions.

00:05:51For example, with your first words to me, we know all about you and your backdoor activities, we've talked to your little Nancy boy, Kay.

00:05:59They might well have been.

00:06:00I think you must answer that question directly.

00:06:03Well, I can't remember my exact words, my lord, but that was the substance of my remarks.

00:06:08Now, do you think it is possible that somebody innocent, a schoolteacher, for example, suddenly confronted by such an allegation might suddenly become confused and frightened?

00:06:17No.

00:06:18Well, if they were innocent.

00:06:19You think innocence and guilt are two well-defined opposites to you?

00:06:22Isn't it possible that we all contain so much guilt inside us it is possible for authority to frighten us into false admissions?

00:06:27Now, that question is not for a police officer.

00:06:30You must, with this witness, confine yourself to asking questions about the fans.

00:06:35Now, how long did that first interview between us last?

00:06:43Four and a half hours.

00:06:45And did you say, come on, own up, it makes it all the easier for you?

00:06:50Yes, I did.

00:06:51Did you also say, let's face it, you invited the boy back to your flat at night, you wouldn't stand a snowball in hell's chance of convincing anybody it wasn't for sex?

00:06:59They were not my words.

00:07:00Then what were your words?

00:07:02I can't remember precisely.

00:07:03But does that carry the gist of them?

00:07:05More or less.

00:07:06More or less?

00:07:09Yes.

00:07:09Now, what were the improprieties that you say I admitted?

00:07:17Well, you said, I put my arms round the boy.

00:07:25We wrestled for a bit on the bed.

00:07:27Did you also insist many times in your questioning that I had fondled the boy's private parts and it would be better for me if I admitted it?

00:07:36Certainly not.

00:07:37You must know that the rules of our procedure forbid us to use threatening or abusive behavior or to hold out any inducements.

00:07:43In practice, it is very often different.

00:07:45Your views on what might or might not happen to persons being questioned are not relevant.

00:07:50Now, look, we are all here to help you present your case.

00:07:53But this court is not a platform for your opinions.

00:07:56You have elected to conduct your own defense.

00:07:59You must abide by the rules of the court.

00:08:01I have no further questions, my lord.

00:08:07You are Malcolm Vincent Harmon and you live at 37 Ivy Road Battersea?

00:08:12Yes, sir.

00:08:13Do you know the accused?

00:08:15I've known him for some years.

00:08:17Do you also know the boy, Kay?

00:08:20Yes.

00:08:20He was a frequent customer of the record shop, of which I was the manager.

00:08:24Did he ever seek your advice?

00:08:26Very often.

00:08:27He would come into the shop and would have talked for hours if I hadn't been so busy.

00:08:32He seemed a boy in need of mature guidance, which I endeavored to supply in my own limited way.

00:08:39When was the last time you saw him?

00:08:40He came to the discotheque above the record shop, which I used to run, on the evening of August the 25th.

00:08:48What time is that?

00:08:49About 10 o'clock.

00:08:51And will you tell the court how he appeared to you?

00:08:54He was very upset.

00:08:56Shaking.

00:08:57Trembling.

00:08:57And did you ask him why he was in such a state?

00:08:59I did.

00:09:00What did he say?

00:09:01He said he'd been upset by a visit to Colin Tyler's flat.

00:09:05He gave me to understand that he had been assaulted.

00:09:08Do you mean you thought he'd been hit?

00:09:10No.

00:09:12The assault was of a sexual nature.

00:09:14So what did you say to him?

00:09:16I advised him to go straight to his mother and tell her what had happened.

00:09:20Did you take any action yourself?

00:09:22Oh, no.

00:09:23Why not?

00:09:24I didn't think it was my place to do so.

00:09:26Thank you, Mr. Harmon.

00:09:32Mr. Harmon.

00:09:34How well would you say that you know me?

00:09:37Well enough.

00:09:38Oh, don't be evasive, Mr. Harmon.

00:09:40Answer the question.

00:09:42I've known you very well.

00:09:44Would you tell the court something of the circumstances in which we first met?

00:09:49I...

00:09:49I believe it was a pub.

00:09:52Do you remember the name of the pub?

00:09:54I think it was called the Greyhound.

00:09:56It's rather a special kind of pub, isn't it?

00:09:58I suppose so, anyway.

00:10:00Isn't it a place where gay people go to meet each other?

00:10:02Gay?

00:10:03What's gay about them?

00:10:06Does the word gay connote their demeanour?

00:10:09Or is it supposed to tell us something more than is apparent in the term itself?

00:10:13Yes, my lord.

00:10:14It means homosexual.

00:10:15Well, then why not say what you mean?

00:10:19Are you homosexual, Mr. Harmon?

00:10:21Yes and no.

00:10:22Well, how can that be?

00:10:24I'm bisexual.

00:10:25Mr. Tyler, I fail to see the relevance of these questions.

00:10:28Unless you make it plain very soon, I shall ask you to desist from them.

00:10:32What happened after we first met in the Greyhound?

00:10:35I regret to say we started a relationship.

00:10:38A sexual relationship?

00:10:39At first, yes.

00:10:41And consequently, on Christmas 1973, did you move in with me at 28th Grove?

00:10:46Yes.

00:10:46Were you married at the time?

00:10:48Yes.

00:10:49I was happily married until then.

00:10:51And did your wife have any knowledge of your bisexuality?

00:10:55No.

00:10:55Mr. Tyler, what has this to do with the case we have to try?

00:10:59My lord, Mrs. Harmon is to be called as witness for the prosecution.

00:11:02I wish to establish her attitude towards me.

00:11:05Oh, yes.

00:11:07Yes.

00:11:07Yes, I see.

00:11:08Well, now then, Mr. Harmon, did your wife know of your relationship with Mr. Tyler?

00:11:15Not at the beginning.

00:11:17Colin persuaded me not to tell her.

00:11:19Yeah, but when you left home, did she know that you were going to live with Tyler?

00:11:23No.

00:11:24Well, why did you not tell her?

00:11:25Colin and I agreed because of his position as a teacher.

00:11:28It would be best if I just told my wife our marriage had come to an end.

00:11:32Well, so when she found out, she was very bitter towards you?

00:11:35Well, I think she had realized he had a sort of power over me.

00:11:39If I hadn't met him, I'd be a happily married man.

00:11:43I think the homosexual side of me would have resisted temptation but for him.

00:11:47So she blamed him?

00:11:48Yes.

00:11:50I see.

00:11:52Here.

00:11:52Yes, Mr. Tyler.

00:11:53Now, Mr. Harmon,

00:11:55had you ever been to the Greyhound before you first met me there on the 6th of February 1972?

00:12:01Yes.

00:12:02Many times?

00:12:04Rather infrequently.

00:12:05And had you met other people there before you met me?

00:12:07Of course.

00:12:09Had you been to the Greyhound with the intention of meeting people for homosexual purposes?

00:12:14Yes.

00:12:15And yet you have said, have you not, that your marriage was a happy one?

00:12:19Yes.

00:12:19It was stable.

00:12:22Stable?

00:12:24Is that the same thing?

00:12:26I'd achieved something at a great cost.

00:12:29Yes.

00:12:30Have you ever written anonymous letters?

00:12:32Certainly not.

00:12:32Have you ever written to the police at Fulchester?

00:12:34No.

00:12:34Do you know that what was contained in the anonymous letter, apart from a very grave allegation,

00:12:39was a wealth of detail about me that could have been known only to somebody who had lived with me?

00:12:43No.

00:12:45When did you post the letter?

00:12:46I didn't.

00:12:46Did you deliver it by hand?

00:12:47No.

00:12:47Do you know Kevin Anderson?

00:12:50Oh, dear old, dear old, dear old, dear old, dear old, dear old, dear old, dear old, dear old, dear old, dear old, dear old, dear old.

00:12:53I know it's difficult, Mr. Tyler, to remember not to mention the boy's full name, but since you now have mentioned it, there's no point in trying to conceal it any longer.

00:13:02The press, however, will take note that I have directed that the name is not to be published outside this court.

00:13:07Yes, Mr. Tyler.

00:13:08How long have you known Kevin?

00:13:12About two years.

00:13:13Now, will you tell the court, please, precisely where you met him?

00:13:17I can't remember.

00:13:18Well, please try.

00:13:19It's very important.

00:13:20I didn't meet him.

00:13:23I knew him.

00:13:25He was known around the town.

00:13:28Where did you first speak to him, then?

00:13:30In the record shop where I used to work.

00:13:32And how old was he, then?

00:13:34About 14.

00:13:35Did you know him before I did?

00:13:36I don't know.

00:13:36Did you?

00:13:36Yes.

00:13:38Did you ever have a sexual relationship with him?

00:13:40No.

00:13:43Well, what was the nature of your relationship with him?

00:13:46I felt sorry for him.

00:13:47He was always around town.

00:13:49He spent hours in the shop.

00:13:50Did you ever want a sexual relationship with him?

00:13:52No.

00:13:53I never considered such a thing.

00:13:55I respect children.

00:13:57Then what kind of relationship did you have with him?

00:14:00He talked to me.

00:14:01He confided in me.

00:14:02He never had a father.

00:14:04He used to ask my advice about music.

00:14:07You helped to cultivate his musical taste?

00:14:09Yes.

00:14:11I considered it part of my job.

00:14:14Now, where else did you meet Kevin?

00:14:16We used to meet for coffee at the Wimpy Bar.

00:14:19I realized from our conversations that the boy had problems and didn't know what to do about them.

00:14:25Sometimes he used to go to a place where no child should go.

00:14:29Amusement arcades, motorway cafes, even pubs.

00:14:33Now, when was the first time that Kevin came to 28th The Grove?

00:14:37I can't remember the date.

00:14:38But you do remember the circumstances.

00:14:40Yes.

00:14:40Then would you tell the court, please?

00:14:42Yes.

00:14:44I'd arranged to see him at the Wimpy Bar after I finished work.

00:14:49It was a Friday evening, the November before last.

00:14:52The meeting had been arranged at your request.

00:14:55You wanted me to put an end to my friendship with Kevin.

00:14:58He'd been transferred to the school where you taught, Green Acres Comprehensive, in the

00:15:03September, and had been placed in your class.

00:15:07You asked me to stop seeing him because you thought it could be embarrassing for you at

00:15:11school if he discovered that we lived together.

00:15:14I thought it was unreasonable, but I gave in reluctantly.

00:15:19I thought I had no right to give any cause for gossip because of your job.

00:15:24I met him on that evening to tell him that it would not be possible for us to continue

00:15:29to meet, except at the record shop, where I told him I would always be pleased to have

00:15:34a chat and help him with his choice of music.

00:15:39We were sitting in the Wimpy Bar.

00:15:41It was a wet and unpleasant night.

00:15:43The windows were all steamed up, and Kevin wiped the mist away from the windows with

00:15:48his sleeve, and we saw you standing in a doorway opposite, sheltering from the rain and watching

00:15:54us.

00:15:56Kevin went out and asked you what you were doing, and you came in and suggested it might

00:16:02be better if you went round to the flat and discussed things in a more comfortable setting.

00:16:07And that is what we did.

00:16:09That was the first time I ever saw him at 28th Grove.

00:16:13I did what you had wanted.

00:16:16What I didn't know was that you were forcing me to break my friendship with Kevin so that

00:16:20you could develop a very different sort of relationship.

00:16:22Now, Mr. Harmon, that is not for you to speculate upon.

00:16:24That is a matter for the jury to decide.

00:16:26So you have good cause to bear me a grudge?

00:16:29Not really, no.

00:16:30Can I suggest to you that you were very angry when you knew that Kevin preferred my friendship

00:16:34and confidence to yours?

00:16:36That you became very jealous?

00:16:38You had no evidence to prove that my relationship was any different from your relationship with

00:16:42him, but when you saw him there, vulnerable and depressed on the evening of August the 25th,

00:16:47you saw what you thought was an excellent opportunity for revenge.

00:16:50You deliberately and maliciously twisted what the boy told you, and then you unburdened your

00:16:55fevered imaginings in an anonymous letter to the police.

00:16:57That is monstrous.

00:16:59It is quite untrue.

00:17:00Thank you, Mr. Harmon.

00:17:01Yes, my lord, I should like to re-examine this witness.

00:17:07Mr. Harmon, when did you cease living with the accused?

00:17:10In July last year.

00:17:11And so then you left the flat in the Grove?

00:17:13Yes.

00:17:14Was that because of the accused's attentions to Kevin Anderson?

00:17:17No.

00:17:18Then why did you leave?

00:17:19I thought Colin was living a very risky life.

00:17:22He started taking up with young boys, and I thought that was wrong.

00:17:25What do you mean by taking up with?

00:17:27He invited them to the flat sometimes.

00:17:29For what purpose?

00:17:31Well, only to listen to records and drink coffee.

00:17:35But one thing can lead to another.

00:17:37I asked him.

00:17:38I begged him to think of his position, but he seemed recklessly engaged in a certain way

00:17:43of life, and deaf to reason, or so it seemed to me.

00:17:46Was Kevin Anderson among those who came to the flat?

00:17:48Yes.

00:17:49Only he, uh...

00:17:50Yes?

00:17:52Only he came alone.

00:17:54Usually no one else was there when Kevin was there.

00:17:57I was made to feel particularly unwelcome at such times.

00:18:00I felt it would be best if I didn't come home too early.

00:18:03So I stayed on at the shop till quite late.

00:18:06Why were you made to feel unwelcome?

00:18:08Well, I don't know.

00:18:09I can only guess.

00:18:11I suppose...

00:18:11Oh, your conjecture is irrelevant.

00:18:13I'm sorry, my lord.

00:18:14All right.

00:18:15Where are you living now?

00:18:16I live in London.

00:18:19I wanted to get away from all this unpleasantness and start afresh.

00:18:22What would you say has been the effect of your relationship with Mr. Tyler?

00:18:31Disastrous.

00:18:32It's ruined me.

00:18:33It's ruined my life.

00:18:35And I'm a grown man.

00:18:36I was nearly 30 when I met him.

00:18:39God help any poor kids who fall into his clutches and can't resist him.

00:18:43I mean, it's disgusting.

00:18:44It's legal for adults, only with children.

00:18:46Yes, yes.

00:18:47He's evil.

00:18:48He ought to be locked away.

00:18:49Silence.

00:18:50Silence.

00:18:51Silence.

00:19:06Mrs. Harmon, how long have you known the accused?

00:19:10About three years.

00:19:11Now, did you go to the flat at 28th Grove on August the 25th, Bank Holiday Monday?

00:19:15Yes.

00:19:16Will you tell the court why you went there?

00:19:18It was Holiday Monday.

00:19:20Mm-hmm.

00:19:20I hadn't heard from my husband for about two months.

00:19:23I was depressed.

00:19:25I wanted to see Malcolm.

00:19:27I went around to the flat in the Grove and Mr. Tyler opened the door.

00:19:31I said I wanted to see my husband, but I was informed he'd left the flat a month earlier,

00:19:35that he didn't live there anymore.

00:19:37That was the first I'd heard of it.

00:19:39Did you go inside the flat?

00:19:41No, I wasn't invited to go inside the flat.

00:19:43Did you see anyone else on that occasion?

00:19:45Yes.

00:19:46Whom did you see?

00:19:47I saw Kevin Anderson.

00:19:49Now, how did you know it was Kevin?

00:19:50I'd seen him in the record shop a few times, talking to my husband.

00:19:54What was Kevin doing?

00:19:56The boy was lying on a bed.

00:19:58He was half naked, as far as I could see.

00:20:00Will you tell the court precisely what you could see?

00:20:04He'd got no shirt on, and his shoes were lying beside the bed.

00:20:07And you could see all this from the door?

00:20:09Oh, yes, yes.

00:20:09The door opened straight off the landing.

00:20:11What did you say to Colin Tyler?

00:20:13I asked for my husband's address.

00:20:15Did he give it to you?

00:20:16Yes, he went to look it up.

00:20:18While he was looking it up, what did you do?

00:20:20I stood in the doorway.

00:20:22Did you speak to Kevin?

00:20:23Yes.

00:20:24What did you say?

00:20:26I said, does your mother know who you're mixing with?

00:20:30He didn't answer.

00:20:31I said, I should think you'd want to get some clothes on.

00:20:34It's not that hot.

00:20:37Then Mr. Tyler came back with the address.

00:20:40He shoved it in my hand and closed the door on my face.

00:20:42He never spoke again.

00:20:44Thank you, Mrs. Harmon.

00:20:47Now, Mrs. Harmon,

00:20:49what was your reaction when you learned of my relationship with your husband?

00:20:54I couldn't believe it.

00:20:55Did you know that your husband had homosexual tendencies?

00:20:59No.

00:20:59No, and I don't believe he has.

00:21:01He's been corrupted by you and your evil ideas.

00:21:04Yes, I understand your feelings, Mrs. Harmon,

00:21:06but you must confine yourself to answering the questions.

00:21:09When you learned of your husband's relationship with me,

00:21:13did you come repeatedly to 28th Grove

00:21:15and beg me to give him up, to give him back to you?

00:21:18I came a few times.

00:21:21Any wife would.

00:21:22And did you accuse me of having power over him?

00:21:25Yes.

00:21:26Yes, you did and you used it.

00:21:28Else you'd never have moved in with you.

00:21:30You wanted to destroy my marriage

00:21:31to fit in with some strange ideas of your own

00:21:33about abolishing the family and breaking down society.

00:21:36You're sick.

00:21:36So, you have good cause to dislike me.

00:21:39I should think I've got cause to loathe you.

00:21:43Do you loathe me sufficiently to tell lies about me?

00:21:46There's no need to tell lies.

00:21:49The truth is damning enough.

00:21:52When you called at 28th Grove on the evening of August the 25th,

00:21:56did you see anything improper happening?

00:21:59I saw a boy with next to nothing on, on the bed.

00:22:03Do you know that you can't see the bed from the doorway, Mrs Harmon?

00:22:09I must have just stepped inside the doorway

00:22:11when you went to get the address.

00:22:12Oh, I see.

00:22:13Why did you say you could see the bed from the doorway?

00:22:15I thought I could.

00:22:16I see.

00:22:16But when you spoke to Kevin, he was on the bed?

00:22:20Yes, definitely.

00:22:21Then you must have stepped at some time into the room

00:22:23because there is no way that you can see the bed

00:22:26unless you step inside the room.

00:22:29Did you step inside the room?

00:22:30No.

00:22:30Then how could you be speaking to Kevin if he was on the bed?

00:22:35He must have just jumped off.

00:22:38And what do people look like who have just jumped off beds, Mrs Harmon?

00:22:42I mean, what are their salient characteristics?

00:22:45He was dishevelled.

00:22:46He'd got no shirt on.

00:22:47Did he look upset?

00:22:49No, he was laughing.

00:22:50So did you perhaps embroider what you saw because of your dislike of me?

00:22:54No, certainly not.

00:22:56I only wondered what you were doing alone in a flat with a boy of that age.

00:22:59And how did you know that I was alone with him if you didn't come inside the flat?

00:23:04I didn't.

00:23:05I guessed.

00:23:06In the same way that you guessed that I had set out to undermine your marriage.

00:23:10I didn't guess.

00:23:12I know you did.

00:23:13And why should I want to do that?

00:23:15You wanted to prove you were stronger than I was.

00:23:17And once you got him, you threw him over and tried to do the same to a poor child.

00:23:20Well, I think I understand your bitterness, Mrs Harmon, but that doesn't give you the right to offer judgments.

00:23:26That is a prerogative that lies solely with the court.

00:23:31Thank you, Mrs Harmon.

00:23:35You may leave the witness box, Mrs Harmon.

00:24:08The cases in Forchester Crown Court are fictional, but the jury is made up of members of the public.

00:24:13Join us tomorrow for the second part of this case.

00:24:16Colin Tyler, a teacher at Green Acres Comprehensive School,

00:24:43has elected to conduct his own defense against the charge of indecent assault upon one of his pupils on August the 25th last year.

00:24:51The boy, Kevin Anderson, is now 16, and his mother, Mrs Rita Anderson, is the next witness for the prosecution.

00:24:57Mrs. Anderson, what happened on the night of August the 25th, Bank Holiday Monday?

00:25:05Kevin came home early.

00:25:08What time is that?

00:25:09Before midnight.

00:25:11How was he when he came in?

00:25:14He was upset.

00:25:15I could tell something terrible had happened because he walked round and round and talked a lot.

00:25:19Did you ask him what was troubling him?

00:25:22Oh, yeah.

00:25:23I always do.

00:25:24I said, Kevin, is there something you want to tell your mum?

00:25:28Then it all came out.

00:25:30Can you tell the court what Kevin said?

00:25:32He said he'd been round to his teachers, and he were really upset because this man had mucked him about.

00:25:39Can you remember his exact words?

00:25:42I'll never forget them to me dying day.

00:25:44He said, he's been trying it on with me.

00:25:47I don't want nothing to do with it.

00:25:48What does he think I am, a cream puff?

00:25:50And then he cried.

00:25:52So then I did know something was wrong.

00:25:54What was your reaction to the state he was in?

00:25:57Well, I've never seen him so upset.

00:26:00I was going to go round and see him, this teacher.

00:26:03And I had me coat on.

00:26:05Only it was a bit late, and I didn't want to leave Kevin on his own.

00:26:09Thank you, Mrs. Anderson.

00:26:12Here, I don't want to be cross-examinated by him.

00:26:15I don't want to.

00:26:16You're the scum of the earth you are, you poison.

00:26:18Mrs. Anderson!

00:26:20You will answer the questions in as civil and as truthful a manner as you can.

00:26:25Whoever puts them to you.

00:26:28Yes?

00:26:29Mrs. Anderson.

00:26:31Now, you said that Kevin came in before midnight.

00:26:35Yeah.

00:26:36How much before midnight?

00:26:38I don't know.

00:26:39Must have been about a quarter to.

00:26:41Well, now, he left me at 9.30.

00:26:44Do you know why it took him two hours to get home?

00:26:47I expect he was walking round and round in her days, after what you'd done to him.

00:26:51Yes, quite.

00:26:53Now, according to you, he said, this man had mucked him about.

00:26:58That's what he said.

00:26:59Can I suggest to you what he actually said was, this man had been mucking about.

00:27:03No, you don't get in that state just through mucking about.

00:27:07Well, now, you told the court his exact words.

00:27:09Would you be so kind as to repeat them, please?

00:27:12I'll never forget them to me dying day.

00:27:13He said, uh, I don't want people like that interfering with me.

00:27:21Interfering with me.

00:27:22Who does he think I am?

00:27:24I think he's a puff.

00:27:26And then he cried.

00:27:27Those were his exact words.

00:27:29There's no doubt about it.

00:27:31Well, considering the fact that you said you'd never forget his words till your dying day, Mrs. Anderson,

00:27:36your memory must be very weak, because two minutes ago you repeated his exact words to this gentleman here.

00:27:40And they were very different.

00:27:42Well, it's the same thing.

00:27:44It all comes to the same thing, that he'd been assaulted.

00:27:48How old were you when Kevin was born, Mrs. Anderson?

00:27:52I was 16.

00:27:53And were you married at the time?

00:27:55No.

00:27:56Could you have chosen to have Kevin adopted?

00:27:58Yeah, but I didn't.

00:28:00He was my kid.

00:28:02I'd done wrong, and I had to see it through.

00:28:04Now, when did he begin to stay out all night?

00:28:07He's been doing it for years.

00:28:09I don't know.

00:28:09And did you find that he was becoming demanding?

00:28:12Yeah.

00:28:13But, well, I couldn't give him things other kids had, because I didn't have a husband.

00:28:18I mean, nobody could have done enough for him.

00:28:21They all want the earth.

00:28:22I had to give him 50 pence a day to go to school.

00:28:25You had to give him 50 pence a day?

00:28:29Well, I'd been in trouble when he were little, because he wouldn't go to school.

00:28:34He said he'd go missing if I didn't give it him.

00:28:37So you had to pay him money each day to persuade him to go to school?

00:28:42Well, a lot of mothers do on the estate.

00:28:45I mean, he's got to keep up with his mates, else he takes it out on me.

00:28:48You can't not give it him.

00:28:50You can't deny a child what he wants.

00:28:52Did you try to give him everything that he wanted, Mrs. Anderson?

00:28:55Oh, yeah.

00:28:56Was there anything that you couldn't give him?

00:28:59No.

00:29:01Well, only an electric organ, but we had nowhere to put it.

00:29:07No.

00:29:07Well, was there anything else that you felt he couldn't get at home?

00:29:12No.

00:29:12Well, why do you think he went out so much?

00:29:17Well, he's young.

00:29:18They want to enjoy themselves.

00:29:20You think it's usual for kids to go out alone and stay out all night?

00:29:24Well, they all do it, all his mates.

00:29:27I mean, they're all right, so long as they're left alone.

00:29:31Could Kevin have been out looking for affection, Mrs. Anderson?

00:29:34There's only one person who can give him affection, and that's me, his mother.

00:29:40A kid don't want affection from nobody else.

00:29:42And not until he's ready to get married.

00:29:44Now, is it not a fact that the one thing in his life that mainly was missing was a figure of authority, a man?

00:29:50Not like you.

00:29:51A father, somebody normal.

00:29:53Is it not possible, Mrs. Anderson, that a boy can realise what is missing in his life and go out and look for it?

00:29:59No.

00:30:01Did you know that he was a friend of Mr. Harmon?

00:30:05Who's Mr. Harmon?

00:30:06The gentleman over there, sitting in the benches?

00:30:09No.

00:30:10No.

00:30:11Now, you say you thought he went to places of amusement?

00:30:14Yeah.

00:30:15Arcades?

00:30:15Yeah.

00:30:16Do you think he might have fallen under bad influences there, as well as at school?

00:30:20I don't know, yeah.

00:30:21Did you know that he went into pubs?

00:30:23No, he doesn't. He's not old enough.

00:30:25Now, the court has heard evidence that he does, or did, go into pubs.

00:30:28Then it's a load of lies.

00:30:29Did you know that also he used to sometimes stand on the slip road to the motorway, hitching lifts late at night?

00:30:34He never.

00:30:35There's been no evidence of that so far, Mr. Tyler.

00:30:37It will be given presently, my lord.

00:30:39Oh, yeah.

00:30:40Now, Mrs. Anderson, did you ever receive any letters from me?

00:30:45Letters? Not that I know of.

00:30:47Did you never receive a letter saying that I would like to come and talk to you about Kevin's progress at school?

00:30:51I don't know. We get lots of letters. Rent, TV, electricity, housing. I can't remember everything that comes through the door.

00:31:00You did not, on three separate occasions, receive letters from me requesting that I be allowed to come and see you, or that you come to see me about Kevin?

00:31:09I don't know anything about it.

00:31:11Then what happened to the letters? Did you burn them?

00:31:12Look, I don't know anything about no letters. I didn't want people from the school leering round my flat.

00:31:17Did you receive the letters?

00:31:20Yeah.

00:31:20And did you choose not to come and see me?

00:31:26Yeah.

00:31:28Thank you, Mrs. Anderson.

00:31:30Mrs. Anderson, what kind of a boy is Kevin?

00:31:34Well, he's a good lad. Since my husband left, I've always had to rely on him.

00:31:38Did he help you at home?

00:31:40Oh, yeah. He was very good to me. Like when I had my operation, he looked after the little uns.

00:31:46Well, can you tell us something more about your circumstances, Mrs. Anderson?

00:31:49My sir?

00:31:50Oh, yeah. My husband left us. He went back to Scotland when the baby were only three months old. He was my fourth. Baby.

00:32:03This is no laughing matter. Yes, Mr. Rupp.

00:32:07Did you notice any change in your son's behaviour after he went to Greenacres Comprehensive School?

00:32:12Yeah, I did.

00:32:14What kind of a change was there in him?

00:32:16He got worse.

00:32:17In what way?

00:32:18Well, he started giving me a load of lip.

00:32:20And he swore a lot.

00:32:22I couldn't control him.

00:32:24They seemed to let him do what they like at the school.

00:32:26There's a lot of rubbish goes there. Bad company-like.

00:32:29Do you think he came under the influence of any individual?

00:32:32He liked David Essex.

00:32:34Oh, no, no, no, Mrs. Anderson, dear. You missed my point. Did you think that he was being influenced at school?

00:32:43Well, some of it were affecting him.

00:32:45I mean, I thought it were his age. He was so defiant.

00:32:50But somebody was putting ideas in his head. I mean, he used to be kind and good to me.

00:32:56But then he just didn't want to know.

00:32:58Lately-like, where all these things were going on.

00:33:00Well, now, Mrs. Anderson, we are all here to ascertain exactly what was going on.

00:33:05You just answer the questions put to you as briefly as you can.

00:33:08And if you don't know the answer, say, I don't know.

00:33:12I don't know.

00:33:14Had you ever been to Kevin's new school?

00:33:16What for?

00:33:18Well, didn't you ever wonder how he was getting on?

00:33:21Well, no. It worried me.

00:33:23I wanted him to leave. I didn't think he was learning anything.

00:33:27Obviously, Mrs. Anderson, you are a very busy mother.

00:33:30You have great problems in bringing up your family.

00:33:33Now, would it be fair to say that there were times at which you could not keep as close an eye on Kevin

00:33:38as you would have wished to have done?

00:33:40Yeah, definitely.

00:33:42And at such times, when you were busy with the other children,

00:33:45would it have been possible for Kevin to fall prey to some individual without your knowing about it?

00:33:51Yeah.

00:33:52I've got three little children, you see.

00:33:55One of them's still in nappies.

00:33:56I mean, even Barry, he's eight and he can't tie his shoelaces.

00:34:00He has to go to a backwards school.

00:34:02I feel tied to that house as if I was on a bit of rope.

00:34:06Kevin used to be the one who helped me.

00:34:07I mean, I couldn't shadow him all over the town.

00:34:11I've got too much to do.

00:34:13And you can't tie them down when they get to be 14 or 15.

00:34:18And they want money.

00:34:19I mean, I even did a little job because he wanted things.

00:34:23I gave him all I could.

00:34:24I even bought him a puppy, but it got run over.

00:34:27I've done my best.

00:34:30Yes.

00:34:31Thank you, Mrs. Anderson.

00:34:32Kevin, will you tell the court exactly what happened on August the 25th of last year?

00:34:50Well, we went to the fur, me and Colin.

00:34:53It was a bank holiday and there was nothing to do.

00:34:55So I asked Colin if he'd take me to the fur.

00:34:58And we went and we had a nice day.

00:34:59Then I didn't want to go home.

00:35:02So I asked him if we could go back to the flat for some tea.

00:35:05I didn't want to go home because I knew if I did, she'd make me sit with the kids while she went out.

00:35:10And I told Colin and I thought he understood.

00:35:13And he put his arm around my shoulder.

00:35:15And then what happened?

00:35:17He started messing about with me.

00:35:19What happened exactly?

00:35:21I told him I didn't want to.

00:35:23Yes?

00:35:24You didn't want to what?

00:35:25Do anything that might look bent.

00:35:30What does bent mean to you?

00:35:33Well, queer.

00:35:35Homosexual.

00:35:36Would you describe in your own words exactly what Mr. Tyler did to you?

00:35:42Well, we were having a fight.

00:35:44A fight?

00:35:45Were you quarrelling?

00:35:46No, a friendly fight like wrestling.

00:35:49Where were you wrestling?

00:35:50All round the room.

00:35:51On the floor.

00:35:52Well, what happened during the course of this wrestling?

00:35:56He took hold of me where he shouldn't.

00:35:59He took hold of what I go to the toilet with.

00:36:02And then he rubbed himself against me.

00:36:05How did you feel about what was happening?

00:36:08I was upset.

00:36:09I never thought Colin would do a thing like that.

00:36:11I thought he just wanted me to be his mate.

00:36:14And I thought, that's spot the day.

00:36:16And we'd had a nice day up until then.

00:36:17Now you say you felt upset.

00:36:19Did you show that you were upset?

00:36:21Yeah.

00:36:22I said to Colin I'd got to go.

00:36:24I said I couldn't stay if that sort of thing was going to happen.

00:36:27And then he had a coke and I went.

00:36:29How long were you in the flat altogether that evening?

00:36:32From about six till half past nine.

00:36:35Were there any other callers?

00:36:37Yeah.

00:36:38A lady knocked at the door.

00:36:39And do you know that lady?

00:36:41Yeah.

00:36:41Who was she?

00:36:42Mrs. Harmon.

00:36:44Mrs. Harmon, yes.

00:36:45Did she come into the flat?

00:36:46No.

00:36:47Why not?

00:36:47I don't know.

00:36:48What were you doing when she knocked at the door?

00:36:52We were mucking about.

00:36:53Did you speak to her?

00:36:55Yeah.

00:36:57Did she say, I should think you would want to get some clothes on?

00:37:01Yes, she did.

00:37:02What were you wearing at the time?

00:37:04Well, I'd taken my shirt off while we were wrestling, because I was hot.

00:37:08Whose idea was it that you should take your shirt off?

00:37:11Collins.

00:37:12He said it might get torn if I kept it on.

00:37:14Now, Kevin, you said that you felt very upset.

00:37:19When you left Mr. Tyler's flat, did you tell anyone what had happened?

00:37:23Yeah.

00:37:23I went to the disco mart first, and I told Malcolm, Mr. Harmon, about it.

00:37:28And he said I'd got to calm down and go home.

00:37:30So I did.

00:37:31Then I went and told my mum.

00:37:33And what did you say to your mother?

00:37:35I said, I don't want anybody trying things on with me.

00:37:38I ain't a puff.

00:37:40Thank you, Kevin.

00:37:44Now, Kevin, we've heard a lot about what happened in the early part of the evening of August the 25th.

00:37:56Now, when you left my flat, you went to Mr. Harmon's discotheque, didn't you?

00:38:01Yeah.

00:38:01Yes.

00:38:02And then you went home.

00:38:04Yeah.

00:38:05You were upset, weren't you?

00:38:06Yeah.

00:38:07Now, after you told your mother everything, did you go to bed?

00:38:11No.

00:38:11Oh, I see.

00:38:13So, perhaps you stayed up and listened to the radio?

00:38:17No.

00:38:18Well, what did you do then, Kevin?

00:38:20I went out.

00:38:21At midnight?

00:38:23Yeah.

00:38:23Well, where did you go?

00:38:24I went to Warrington.

00:38:26And how did you get there?

00:38:27I hitched a lift on the motorway.

00:38:30Strange sort of thing to do, isn't it, if you were so upset?

00:38:33No.

00:38:34Well, you see, I heard there was a pop festival there, but I couldn't find it, so I went into a cafe, and then I got a lift home in a lorry.

00:38:42And what time did you get home for the second time that night?

00:38:45I don't know.

00:38:47It was light, though.

00:38:48I see.

00:38:49Now, Kevin, will you tell the court when you first met me?

00:38:53When I came to Green Acres School, in your class.

00:38:56And what subject did you like best?

00:38:58History.

00:38:58Why?

00:38:59Because it was interesting.

00:39:00Do you remember the first time that you stopped back to talk to me at school?

00:39:04Yeah.

00:39:04Did I ask you to stay behind?

00:39:05No.

00:39:06So why did you?

00:39:07I wanted to talk to you.

00:39:08Yes.

00:39:09Now, do you remember what you wanted to talk to me about?

00:39:12Yeah.

00:39:12Did you want to talk about history?

00:39:15No.

00:39:15So...

00:39:16Only a little bit.

00:39:17What did we talk about?

00:39:18Things at home.

00:39:20Now, did you tell me that you were very unhappy at home?

00:39:24Yeah.

00:39:25Did you tell me that you were thinking of leaving home?

00:39:28Yeah.

00:39:28And did I advise you to do so?

00:39:31No.

00:39:33You said I had to stay at home and look after my mum.

00:39:36Now, do you know if your mother ever received any letters from school written by me?

00:39:40Yes, she did.

00:39:41Did she read them?

00:39:44She can't read.

00:39:46I read them to her.

00:39:47So, you know what they were about?

00:39:49Yeah.

00:39:51They were about option choices and stuff like that, going out on school trips.

00:39:55And what was your mother's reaction to those?

00:39:57She wasn't interested.

00:39:58She said, trips.

00:40:00You can trip arse over hills for all I care.

00:40:03Did you ever feel as a child that you missed having a father?

00:40:06No.

00:40:07I only knew her husband.

00:40:08You mean your stepfather?

00:40:10She made me call him uncle.

00:40:13Did you ever seek the friendship of older people?

00:40:15No.

00:40:15Did you spend a lot of time in the Disco Mart record shop in the precinct?

00:40:22A fair bit.

00:40:22On Saturdays.

00:40:24And did you meet Mr Harmon there?

00:40:26Yeah.

00:40:27Would you say that he had been a friend?

00:40:29Yeah.

00:40:30Well, he helped me to find records and stuff like that.

00:40:32And would you say that he was still your friend?

00:40:35No.

00:40:35And why is that, Kevin?

00:40:37You should know.

00:40:38You said that I hadn't got to see Malcolm because I was in your class.

00:40:41And you were worried about your job.

00:40:43Being a teacher and that.

00:40:44Did you ever have a sexual relationship with him?

00:40:46No.

00:40:46Well, did you ever have adults making sexual advances to you?

00:40:51You know I have.

00:40:52And how do I know, Kevin?

00:40:53I told you.

00:40:54I told you everything.

00:40:56And did I approve or did I condemn it?

00:40:58No.

00:40:59You said it wasn't right.

00:41:01You said it might damage me psychologically.

00:41:04Now, Kevin, will you tell the court a little bit about the kind of sexual encounters you had with those people?

00:41:13Well, it only happened once or twice.

00:41:15Sometimes when I didn't want to go home.

00:41:18Sometimes when I got lifts, people used to offer me money.

00:41:22But I never took it.

00:41:24And what did these people want from you?

00:41:27They wanted to cuddle me and that.

00:41:30Did you let them?

00:41:32Sometimes.

00:41:33Did you like it?

00:41:34No.

00:41:35I don't know.

00:41:37Now, do you remember the evening of November the 15th, 1974?

00:41:41That was the evening that you met Mr Harmon in the Wimpy Bar?

00:41:44Yeah.

00:41:44Now, what did you learn from Mr Harmon on that day?

00:41:48That he didn't want to see me anymore.

00:41:49Did he give a reason for it?

00:41:51Yeah.

00:41:52He said if he continued to see me, he might get carried away.

00:41:57Oh, um, did he give any other reasons for that?

00:42:00That was the first time I learned he lived in the same flat with you.

00:42:03And because I was in your class, it might make things more difficult.

00:42:06And he didn't want to get you into any trouble.

00:42:08Now, how did the evening end?

00:42:10Well, you came into the Wimpy and you suggested it might be more comfortable and sensible if we went back to the flat and talked about things.

00:42:18As a result of the discussion we had back at the flat, was it agreed that you should cease seeing Mr Harmon?

00:42:23Yeah.

00:42:24Now, Kevin, what happened the following evening?

00:42:27I came round to the flat.

00:42:29Why did you do that?

00:42:30Because I wanted to see you.

00:42:32Why?

00:42:33Because I thought you wanted to see me.

00:42:34And what made you think that, Kevin?

00:42:37Well, I thought you stopped me seeing Mr Harmon so that I could come and see you instead.

00:42:40Now, when you called at the flat that following evening, on November the 16th, did I invite you in?

00:42:45No.

00:42:45Why was that?

00:42:47You thought it wasn't right.

00:42:48So what happened?

00:42:49I went home.

00:42:52When was the first time that you saw me outside school apart from the 15th and 16th of November 1974?

00:43:00I can't remember.

00:43:02But it was after Christmas.

00:43:04Did we go anywhere alone?

00:43:05No.

00:43:07Did you tell the call where we went?

00:43:09We went on trips.

00:43:10History trips, stuff like that.

00:43:12Seeing old buildings.

00:43:14And we went to London to the British Museum.

00:43:16Were we ever alone?

00:43:17No.

00:43:19Now, did you ever come and talk to me at school alone?

00:43:22Yeah.

00:43:23When?

00:43:23After class, in the dinner hour.

00:43:25You looked upon me as somebody you could talk to.

00:43:27Yeah.

00:43:28You thought of me as a friend as well as a schoolteacher.

00:43:30Yeah.

00:43:31Now, how did it come about that we went out together alone?

00:43:37Do you remember?

00:43:39Yeah.

00:43:40Well, will you tell the court?

00:43:44Well, I came to you on the last day of term.

00:43:47And I said I didn't know I was going to get through the summer holidays.

00:43:50I said I hated the holidays.

00:43:51And they asked you to take me out somewhere.

00:43:53And I said that I was scared of being on me own.

00:43:55Now, although we went out together alone several times, did I ever ask you to go with me?

00:44:01No.

00:44:01Did you ever come back to the flat?

00:44:03No.

00:44:04Only after the fur.

00:44:05And then did I invite you?

00:44:08No, I asked.

00:44:08Now, Kevin, will you tell the court what happened on the evening of August the 25th when we got back to the flat?

00:44:16Well, we had some tea and then we had a fight.

00:44:22Then there was a knock at the door and it was Mrs. Harmon.

00:44:24And then she went away.

00:44:26And then we started fighting again.

00:44:27Do you remember what caused the second fight?

00:44:29Yeah.

00:44:30You were taking the mickey out of me.

00:44:31You call him you skinny and that.

00:44:32So I gave you a thump.

00:44:34And you were a bit annoyed.

00:44:35And I got fed up and I said I was depressed.

00:44:37And you put your arm around me.

00:44:39Well, I didn't mind that.

00:44:42Then I told you to get off.

00:44:43And we started fighting again.

00:44:46And we were wrestling on the bed.

00:44:48And you did what?

00:44:51What I said.

00:44:53What I said to the other man.

00:44:57Now, Kevin.

00:44:59What did I actually do?

00:45:02I told him.

00:45:03You were holding me.

00:45:05Down there.

00:45:06And could that not have been by accident in the fight?

00:45:09No.

00:45:10It was too much on purpose.

00:45:12I felt you wanted to do something that I didn't want to do.

00:45:15And I felt that all that stuff about you being my mate was a load of rubbish.

00:45:18Why didn't you tell me you thought I was doing something wrong?

00:45:21I felt choked off.

00:45:22Exactly.

00:45:24You reacted to an accident because you felt choked off.

00:45:27And you thought that I'd assaulted you later.

00:45:30No, I didn't.

00:45:30I know what happened.

00:45:31You worked yourself up because you got depressed.

00:45:33That you talked to Mr Harmon.

00:45:34And you thought the best way you could get back at me was to accuse me.

00:45:37No.

00:45:38But you knew you would hurt me if you went on telling people what you imagined had happened.

00:45:42Yeah, I didn't care.

00:45:46I'm not bent and you are.

00:45:51Thank you, Kevin.

00:45:52Yes, my lord, I should like to re-examine this witness.

00:45:55Kevin, you said you first met Mr Tyler at school.

00:45:59Yeah.

00:45:59What was your impression of him?

00:46:01I don't know.

00:46:02Well, did you like him?

00:46:04Yeah.

00:46:04And what did you like about him?

00:46:06He made us laugh.

00:46:07He was strict, but you could have a laugh with him.

00:46:09Now, you said that he took you and your school friends out to visit museums and historic buildings and so on.

00:46:15Can you remember the first time you ever went out alone with him?

00:46:19Yeah, we went ice skating.

00:46:21Ice skating?

00:46:22Yeah, we went to Manchester.

00:46:25Well, did you feel that your relationship with Mr Tyler was some way out of the ordinary then?

00:46:30No.

00:46:31Well, is it quite ordinary for a school teacher to take a single child out to a city 20 miles away for an evening?

00:46:39No, not really.

00:46:40Was there then something unusual in your relationship with Mr Tyler?

00:46:43I didn't notice it if there was.

00:46:45Well, was there a point at which you became aware that Mr Tyler wanted something from you which was improper?

00:46:58I know what you mean.

00:46:59I'm not a child.

00:47:00You don't have to talk to me like that.

00:47:02Now, Mr Roper is doing his best to avoid your embarrassment.

00:47:05Just answer the question.

00:47:06I'm sorry.

00:47:08I can't remember.

00:47:09Was there a time when you began to suspect that Mr Tyler was interested in you sexually?

00:47:14Yeah.

00:47:15When was that?

00:47:16When he told me about it.

00:47:20He told you about it?

00:47:22Yeah.

00:47:23When was that?

00:47:24Beginning of the summer holidays last year.

00:47:27And you continued to go on seeing him?

00:47:30Yeah.

00:47:30Why?

00:47:31I didn't see any reason not to.

00:47:33Were you not afraid that he might assault you?

00:47:36No.

00:47:39I see.

00:47:40Yes, Mr Will.

00:47:42Did you know it was wrong?

00:47:45Yeah.

00:47:46Did he assault you?

00:47:47Yes, he did.

00:47:50Thank you, Kevin.

00:47:53The cases in Fullchester Crown Court are fictional, but the jury is made up of members of the public.

00:48:20Join us tomorrow for the final part of this case.

00:48:22Colin Tyler, a schoolteacher, is accused of indecent assault upon one of his pupils on August the 25th last year.

00:48:52The boy, Kevin Anderson, who is now 16, was in his history class at Greenacres Comprehensive School.

00:48:58Colin Tyler has elected to conduct his own defence, and is calling as a character witness, Ernest Baldwin, head of the history department at the school, and Colin Tyler has worked as his deputy since he left training college.

00:49:10Mr Baldwin, Mr Baldwin, how long have you known me?

00:49:15Eight years.

00:49:16Now, in that eight years, have you ever had cause to suspect that my relationships with the pupils could be characterised by anything other than the utmost propriety?

00:49:27None at all, no.

00:49:28Well, I've always considered you to be an exemplary teacher, and I've always found the way you conducted yourself towards children to be wise, mature and correct.

00:49:40Now, will you tell the court if you formed any impression of the boy, Kevin Anderson?

00:49:47Yes, I did.

00:49:47Yes, it seemed to me that he was a boy of above-average ability, from a background which was not, I felt, calculated to allow him to develop to the full his intellectual ability.

00:50:02Unfortunately, he obviously clamoured for attention, and he spent a great deal of his time trying to ingratiate himself with male members of staff.

00:50:12Well, perhaps ingratiate is too strong a word.

00:50:16He had great needs which were clearly unrecognised.

00:50:21He sought attention.

00:50:22He was emotionally immature.

00:50:24Now, do you remember a conversation that we had in October 1974, as a result of which it was suggested that I should counsel the boy, since it seemed that he had already made a confidant of me?

00:50:35Yes, I do, indeed.

00:50:36From whom did that suggestion come, please?

00:50:38Oh, I made the suggestion with a concurrence of the headmaster.

00:50:41And what reasons prompted you to make that suggestion?

00:50:44Well, I felt there was a danger of the boy becoming a drifter.

00:50:48He was inclined to be rather emotional, and he was conspicuously overcompensating with some of his fellow pupils.

00:50:56He was not popular.

00:50:58No, he had what seemed to me a terrible need for approval, and didn't seem to know how to achieve it.

00:51:03Now, do you know if his mother was informed of the school's concern?

00:51:06Oh, yes, by letter.

00:51:07Do you know what her reply was?

00:51:08Oh, she made no reply.

00:51:10Well, this meant, of course, that we were unable to refer him to an outside agency, such as child guidance.

00:51:15But it was agreed that if he chose to talk to you, then you should make it clear that you were available.

00:51:21And did you notice a change in the boy's behaviour over time?

00:51:26Yes, he appeared to become more self-reliant, partly due, I must confess, to the natural processes of maturation.

00:51:33But also, partly, I am convinced to the beneficent influences under which he came.

00:51:39Mr. Baldwin, were you aware of the extramural activities that I undertook in the evenings and during school holidays?

00:51:46Oh, indeed I was, yes, and very grateful I was to you that you should do so.

00:51:49Thank you, Mr. Baldwin.

00:51:51Yes, Mr. Baldwin.

00:51:53Now, would it have been possible for Mr. Tyler to give you the impression that he was acting altruistically,

00:52:01and yet at the same time to have behaved in a very different way with the boy himself?

00:52:05That would have required a duplicity, which is not in Mr. Tyler's character.

00:52:13But would it have been possible?

00:52:16It would, but it was not probable.

00:52:19Thank you, Mr. Baldwin.

00:52:21Do you know Mr. Tyler, socially?

00:52:23Oh, yes, yes. He's been to my house on a number of occasions for dinner with my family.

00:52:27We once went to the theatre together.

00:52:29Oh, well, did you know that he regularly visited a pub called the Greyhound?

00:52:32No.

00:52:35Isn't there, then, a large part of his life about which you know absolutely nothing?

00:52:41In some areas, yes.

00:52:44Did you know he was homosexual?

00:52:47Oh, yes.

00:52:49Really?

00:52:50Yes.

00:52:51And yet, you saw fit to suggest that he should counsel a 15-year-old boy.

00:53:00A boy whom you yourself have described as being over-emotional

00:53:04and who tried to ingratiate himself with male members of staff.

00:53:08Yes, sir, I did.

00:53:10I had and had no reason to suppose that Mr. Tyler's conduct would be anything other than properly professional.

00:53:15I feel it is a vulgar error to assume that homosexual teachers are more likely than their heterosexual counterparts

00:53:25to be attracted to their pupils.

00:53:28In fact, I would fear more for the potential danger to girl pupils from male teachers.

00:53:34And even this fear is so residual as to be of no consequence in one's daily business with other members of staff.

00:53:43You encouraged a homosexual to counsel an insecure boy.

00:53:49A boy uncertain of his identity and his role in the world.

00:53:53Yes, and I have no reason to be apprehensive about such a decision.

00:53:58How very unusual.

00:54:01I wonder how many of the parents of your pupils would share such latitudinarian views.

00:54:09Yes?

00:54:10Alas, sir, it is not possible for me to canvass opinions from everyone

00:54:14before carrying out decisions in connection with my professional duties.

00:54:19No.

00:54:20No, Mr. Tyler.

00:54:24No, no more questions, my lord.

00:54:26Thank you, Mr. Baldwin.

00:54:28You may leave the witness box.

00:54:30Now then, Mr. Tyler,

00:54:31as you are conducting your own defence,

00:54:34which you have every right to do,

00:54:35there are now a number of courses open to you.

00:54:38You may remain absolutely silent.

00:54:42Or, you may make a statement

00:54:43from where you are without taking the oath,

00:54:46in which case you cannot be cross-examined.

00:54:48Or, you may come to the witness box,

00:54:51be sworn, and give your evidence,

00:54:53which will then be subject to cross-examination

00:54:56by learned counsel for the prosecution.

00:54:59Can you tell me which course you propose to adopt?

00:55:01Yes, my lord.

00:55:04I wish to give evidence under oath.

00:55:07Very well.

00:55:11Now, I must advise you as to what you may and may not say.

00:55:14If I feel that you depart in any way from matters germane to the charge,

00:55:18I shall stop you.

00:55:19But on the other hand,

00:55:20if you feel uncertain about any matter of procedure,

00:55:22you must stop and ask me for guidance,

00:55:25which I shall give you.

00:55:26Now, try to give your evidence as simply

00:55:28and as succinctly as you can.

00:55:32I have never concealed from my peers

00:55:34the fact that I am homosexual.

00:55:37I did not divulge this to children.

00:55:40It does not seem to me to have any place

00:55:41in my professional relationships.

00:55:44And I have never favoured boys against girls.

00:55:47Very soon after Kevin came into my class,

00:55:52I became aware that I had kindled an interest in him.

00:55:56Now, this is not unusual.

00:55:58There are some children,

00:55:59albeit few and far between,

00:56:01who are emotionally disturbed or damaged

00:56:04and who are quite unaware of the clearest rejection

00:56:06of their instincts for affection and warm,

00:56:09caring relationships.

00:56:11Kevin Anderson was such a boy.

00:56:14Now, it was clear to many people,

00:56:16including senior staff,

00:56:17that what Kevin wanted was

00:56:19attention,

00:56:22not in an idle or casual way,

00:56:24but in a very determined

00:56:25and quite unusually desperate fashion

00:56:27which almost amounted to an obsession.

00:56:31It was at my insistence

00:56:33that he finished his relationship with Malcolm Harmon.

00:56:37This caused an unfortunate result

00:56:39in that it caused him to transfer his affections to me.

00:56:43He saw me every day at school.

00:56:45He began to lay an ambush for me.

00:56:47Now, I am not suggesting that he was implementing

00:56:49a self-conscious and carefully prepared plan.

00:56:51In every way, he was quite unaware

00:56:53of the implications of what he was doing.

00:56:55But I felt his eyes upon me continually.

00:57:02I was not attracted to Kevin,

00:57:04but I did develop a fascination for his persistence.

00:57:09Now, I know this may seem fanciful to you,

00:57:11but the image that has been presented of me in this court

00:57:13as a calculating man

00:57:15abusing his position

00:57:16is very far from the truth.

00:57:21It must not be forgotten

00:57:22that this boy,

00:57:24illegitimate,

00:57:25fatherless,

00:57:26endowed with an above-average intelligence,

00:57:28was born into a household

00:57:29that could afford him

00:57:30no stimulus to his intellect,

00:57:32no outlet for his emotions.

00:57:34Now, this does not mean

00:57:35that his mother was in any way blameworthy.

00:57:38She herself was faced with a situation

00:57:40of almost total despair.

00:57:42No resources,

00:57:44no support,

00:57:45and three young,

00:57:47dependent children.

00:57:49She turned to Kevin for a help

00:57:51which he could not give.

00:57:55Can you imagine the desperation

00:57:56of a 15-year-old boy

00:57:58asked to provide the role

00:58:00of substitute father

00:58:01and emotional support to a mother

00:58:02when the very things

00:58:03that he himself needed

00:58:04were the support

00:58:06and authority

00:58:08of a father?

00:58:11Now, I thought

00:58:12that I might be able

00:58:13to provide some of the strength

00:58:14that he needed.

00:58:16Unfortunately,

00:58:17I overestimated

00:58:19my own morality

00:58:19and became deeply involved

00:58:22emotionally

00:58:23with Kevin.

00:58:27If such a relationship

00:58:29is improper,

00:58:30where does the impropriety lie?

00:58:34Is it better

00:58:34for a boy

00:58:35to wander the streets

00:58:36of a city alone

00:58:37than to be under

00:58:38the tutelage

00:58:38of a caring relationship

00:58:39which can provide

00:58:40warmth and stability?

00:58:43If this boy

00:58:43has been assaulted,

00:58:44it has been by circumstances.

00:58:46It has been by the pressures

00:58:48of a society

00:58:48that can offer

00:58:49only material goods

00:58:50as a substitute

00:58:51for human relationships.

00:58:52Now,

00:58:53I do not deny

00:58:54that I have benefited

00:58:56from providing him

00:58:57with some of the things

00:58:58he needed.

00:59:00But I do deny

00:59:01most vehemently

00:59:02that any part

00:59:03of my behavior

00:59:04has anything

00:59:05to do with indecency.

00:59:07The true indecencies

00:59:08lie elsewhere.

00:59:08Yes,

00:59:09but society

00:59:09is not on trial

00:59:11here today,

00:59:11Mr. Tyler.

00:59:12I am aware

00:59:13that there are some

00:59:14aspects of this case

00:59:15which belong more

00:59:16to the area of morality

00:59:17than the law,

00:59:18but you must confine yourself

00:59:19to giving evidence

00:59:20in rebuttal

00:59:21of the offense

00:59:22for which you stand

00:59:23arraigned.

00:59:25I admit

00:59:26that I committed

00:59:27an act of folly

00:59:28in acceding

00:59:30to the boy's request

00:59:30to come back with me

00:59:31to the flat that night.

00:59:33But as soon as I realized

00:59:34my error of judgment,

00:59:35I tried to redeem it

00:59:37as best I could.

00:59:39Now,

00:59:39the court has heard

00:59:40that Kevin was upset.

00:59:43Indeed,

00:59:43he was upset,

00:59:44but he was upset

00:59:45long before he came

00:59:46back to the flat

00:59:47that night.

00:59:47He was upset

00:59:48on the very first day

00:59:49that I met him.

00:59:51Surely it is the act

00:59:52of an emotionally

00:59:53disturbed young man

00:59:54to hitchhike

00:59:56down the motorway

00:59:57alone

00:59:57looking for a pop festival

00:59:59on the very night

01:00:00that he alleges

01:00:00that I assaulted him.

01:00:03I deny

01:00:04that any such assault

01:00:05took place

01:00:06on that

01:00:06or on any other occasion,

01:00:08and I submit

01:00:09that the alleged assault

01:00:11is the construct

01:00:12of the imagination

01:00:13of a very lonely

01:00:15and a very unhappy boy

01:00:18and that is all

01:00:22I have to say.

01:00:36Mr. Tyler,

01:00:38you admit,

01:00:39of course,

01:00:40that your interest

01:00:41in the boy

01:00:41was sexual.

01:00:43Yes.

01:00:43And yet you allowed

01:00:44this relationship

01:00:45to flourish.

01:00:46I did not stop it.

01:00:48Well,

01:00:48would it not

01:00:49have been wiser

01:00:49if you had known

01:00:51of your own

01:00:52potential weakness

01:00:53to have truncated

01:00:54all but the most

01:00:56unavoidable

01:00:57professional contacts?

01:00:58No.

01:00:59Well,

01:00:59please explain then

01:01:00why you failed

01:01:02to adopt a course

01:01:04that most people

01:01:04will consider wiser

01:01:05in the circumstances.

01:01:07I felt that the

01:01:07consequences of

01:01:08adopting such a course

01:01:09would be more damaging

01:01:10to the boy

01:01:11than my continued

01:01:12interest in him.

01:01:13Yes,

01:01:13but could anything

01:01:15have been more damaging

01:01:16to a 15-year-old boy

01:01:17than to be taken off

01:01:18to the flat

01:01:18of a self-confessed

01:01:20homosexual,

01:01:21a sophisticated man,

01:01:23and there to be

01:01:23subjected to a wrestling

01:01:24match under the cloak

01:01:26of which that older man

01:01:27derived sexual gratification?

01:01:29It was not damaging.

01:01:31It did not happen.

01:01:32Did you seek to arouse

01:01:33the boy?

01:01:34No.

01:01:35But you did touch

01:01:36his private parts?

01:01:37Yes.

01:01:37No.

01:01:39Yes or no?

01:01:39Yes,

01:01:41but it was not deliberate.

01:01:43Mr. Tyler,

01:01:44you were alone

01:01:44with a boy in a flat.

01:01:46You as a homosexual,

01:01:48the boy whom you

01:01:49met to being

01:01:49interested in sexually.

01:01:51The boy had removed

01:01:52some of his clothing,

01:01:53which was at your suggestion,

01:01:55and you touched

01:01:55his private parts

01:01:56and you asked us

01:01:57to believe that

01:01:57that was unintentional.

01:01:59Yes,

01:01:59we were wrestling.

01:02:00Why would a man of 33

01:02:01wrestle with a 15-year-old boy?

01:02:03We enjoyed each other's company.

01:02:04Yes,

01:02:04but apparently on this occasion

01:02:06one of you didn't.

01:02:08Yes.

01:02:08Kevin was aware

01:02:10that your interest

01:02:11in him was sexual.

01:02:12Yes.

01:02:13Why did you go back

01:02:14to the flat

01:02:14after you'd been

01:02:15to the fair?

01:02:17Kevin didn't want

01:02:18to go home.

01:02:18He wanted to come

01:02:20home with me.

01:02:21Well,

01:02:21on previous occasions

01:02:22you say that you had

01:02:23refused to allow

01:02:24the boy into the flat,

01:02:25yet on this occasion

01:02:26you deemed the time

01:02:27was suitable.

01:02:27Yes.

01:02:28Suitable for what?

01:02:30For making sexual

01:02:31advances to him?

01:02:31No,

01:02:32he wanted to talk.

01:02:34Oh,

01:02:34he wanted to talk.

01:02:35I see.

01:02:36But had you not had

01:02:37the whole day

01:02:38at the fair

01:02:38together to talk in?

01:02:40He wanted to talk quietly.

01:02:41You wanted to talk

01:02:42to him about sex?

01:02:43No.

01:02:43But you did talk

01:02:44about sex?

01:02:45Yes, a little.

01:02:46Why?

01:02:47Because Kevin wanted

01:02:47to talk about it.

01:02:49I never forbid Kevin

01:02:49to talk about anything

01:02:50he wanted to talk about.

01:02:52Mr. Tyler,

01:02:52what you're asking us

01:02:53to accept

01:02:54is this,

01:02:55that you developed

01:02:57a relationship

01:02:57with this boy

01:02:58which, quite frankly,

01:03:00was based upon

01:03:01sexual interest,

01:03:02and yet you

01:03:03altruistically

01:03:04refrain from

01:03:05expressing this

01:03:06interest

01:03:06until one day

01:03:08you just happened

01:03:09to be wrestling

01:03:10on a bed

01:03:11and you inadvertently

01:03:12touched his private parts

01:03:14and then you

01:03:14immediately desisted?

01:03:16That is what happened.

01:03:21On the night

01:03:22of November

01:03:23the 15th,

01:03:241974,

01:03:25you just happened

01:03:25to be standing

01:03:26outside the wimpy bar

01:03:27where Kevin was

01:03:28meeting Mr. Harmon.

01:03:29No, I wasn't

01:03:29outside the wimpy bar

01:03:30by chance.

01:03:31Oh, why were you

01:03:32there then?

01:03:32I doubted

01:03:33Mr. Harmon's resolution

01:03:34in breaking off

01:03:35his friendship

01:03:35with Kevin.

01:03:36But why did it

01:03:37concern you so closely

01:03:38that you felt it

01:03:39necessary to spy

01:03:39on that meeting?

01:03:40I wanted him

01:03:41to finish his

01:03:41friendship with Kevin.

01:03:42Why was that?

01:03:43Because I felt

01:03:44it was an embarrassment.

01:03:45To whom?

01:03:45To me.

01:03:46Yes, but why

01:03:46should you have

01:03:47been embarrassed?

01:03:49Was the friendship

01:03:50between Kevin

01:03:50and Mr. Harmon

01:03:51a sexual one?

01:03:51No.

01:03:52Well, then why

01:03:53should it be so

01:03:53important to you

01:03:54that their friendship

01:03:55should cease?

01:03:56I was his teacher

01:03:56and I was living

01:03:57with Mr. Harmon

01:03:58at the time.

01:03:59You were jealous.

01:04:00Yes, in a way.

01:04:02I did not want

01:04:03my private life

01:04:04to mix with

01:04:04my professional life.

01:04:06Yet you maintained

01:04:07an interest in this boy

01:04:08for a whole year

01:04:09while you were

01:04:09teaching him.

01:04:10Is not that

01:04:10allowing your

01:04:10professional and

01:04:11your private life

01:04:12to mix?

01:04:13I did not wish

01:04:14my relationship

01:04:14with Mr. Harmon

01:04:15which was sexual

01:04:17to have anything

01:04:18to do with

01:04:19my professional

01:04:19relationships

01:04:20with my children

01:04:21which were not

01:04:23sexual.

01:04:25I see.

01:04:26Now, when you

01:04:30intervened in the

01:04:31meeting between

01:04:32Kevin and Mr. Harmon

01:04:33why did you suggest

01:04:35you should go back

01:04:35to your flat?

01:04:37Well, it was a very

01:04:38tense situation

01:04:39and I didn't think

01:04:40a wimpy bar was a

01:04:41private enough place

01:04:42for such a conversation.

01:04:43How long did you

01:04:43remain together

01:04:44talking out the

01:04:45implications of this

01:04:46relationship?

01:04:47About an hour.

01:04:48And then the boy

01:04:49left?

01:04:49Yes.

01:04:50Was the outcome

01:04:51of this discussion

01:04:52to your satisfaction?

01:04:53Yes.

01:04:54Well, does that

01:04:55mean in effect

01:04:55that the boy

01:04:56was to cease

01:04:57to be Mr. Harmon's

01:04:58friend and merely

01:04:59be your pupil?

01:05:01Yes.

01:05:02Did the boy

01:05:03know where you

01:05:04lived before you

01:05:05went back to the

01:05:05flat?

01:05:06Oh, no.

01:05:07Well, could Kevin

01:05:08have interpreted

01:05:08the invitation as a

01:05:09way of finding out

01:05:10where you lived?

01:05:11I don't think so.

01:05:12What happened

01:05:12the following night?

01:05:15He came again.

01:05:16He did, of course,

01:05:17by that time

01:05:17know where you

01:05:18lived.

01:05:18Yes.

01:05:20How convenient.

01:05:21During this

01:05:24bout of wrestling

01:05:26on August the 25th,

01:05:29how did it come

01:05:30about that you

01:05:31found your way

01:05:32to the bed?

01:05:33Well, it was the

01:05:33most comfortable

01:05:34place.

01:05:34Comfortable for

01:05:35what?

01:05:36For wrestling.

01:05:37Did you wrestle

01:05:38as a means of

01:05:39establishing physical

01:05:39contact?

01:05:41It was a means

01:05:42of communicating.

01:05:43Of communicating

01:05:43sexually?

01:05:44No.

01:05:46Did you at any

01:05:47time remove any

01:05:48clothing?

01:05:48No.

01:05:49Did Kevin remove

01:05:50any clothing?

01:05:51Yes, of course

01:05:52he did.

01:05:52He took his

01:05:53shirt off.

01:05:53It was very

01:05:54warm in the

01:05:54flat.

01:05:55Why did the

01:05:56fighting stop?

01:05:57Kevin asked me

01:05:58to stop.

01:05:58To stop what?

01:05:59Putting your

01:05:59hands on his

01:05:59private parts?

01:06:00To stop fighting.

01:06:01But you did

01:06:01put your hands

01:06:02on his private

01:06:02parts.

01:06:03I may have

01:06:04done, but it

01:06:04was unintentional.

01:06:06Were you sexually

01:06:07aroused at the

01:06:07time?

01:06:12Yes, that's why

01:06:13I stopped.

01:06:14And the boy was

01:06:15aware of your

01:06:15state of sexual

01:06:16arousal?

01:06:17Yes.

01:06:17Thank you,

01:06:20Mr. Tyler.

01:06:20I have no

01:06:21further questions.

01:06:24My lord.

01:06:26Members of the

01:06:27jury.

01:06:28This man,

01:06:30Colin Tyler,

01:06:31a mature man of

01:06:32quite evidently

01:06:33great intelligence,

01:06:34not only failed to

01:06:36measure up to the

01:06:37standards that we

01:06:37require of his

01:06:38position, but also

01:06:40used that position,

01:06:41a position of great

01:06:42trust, to further

01:06:44his own sexual

01:06:45ends.

01:06:46He deliberately

01:06:47developed a

01:06:48relationship with a

01:06:49child in his care,

01:06:50part of which he

01:06:51himself has admitted

01:06:52was sexual.

01:06:55Now, we have heard

01:06:55how he became

01:06:56interested in the

01:06:57boy, how he

01:06:58became jealous of

01:06:59his own lover, how

01:07:01he took the boy

01:07:02back to his flat, how

01:07:04he invited the boy

01:07:05to remove some

01:07:05clothing, how he

01:07:08indulged in horse

01:07:08play with the boy,

01:07:10and finally, how he

01:07:11touched the boy's

01:07:12private parts, and

01:07:14rubbed himself against

01:07:15him.

01:07:16And this is a man

01:07:17who has advised the

01:07:19boy himself to avoid

01:07:20contacts with

01:07:21homosexuals because it

01:07:22could damage him

01:07:23psychologically.

01:07:25Now, Tyler has

01:07:26admitted that he was

01:07:27sexually interested in

01:07:28the boy.

01:07:29He has admitted that

01:07:31he was sexually

01:07:32aroused at the time.

01:07:33He has admitted that

01:07:34he touched the boy's

01:07:35private parts.

01:07:37He has admitted that

01:07:38the boy himself was

01:07:39distressed, and yet he

01:07:40claims that this

01:07:42touching was

01:07:42inadvertent.

01:07:44Now, surely the

01:07:45evidence can lead to

01:07:46only one conclusion,

01:07:48that this man is

01:07:49guilty of an indecent

01:07:51assault upon Kevin

01:07:52Anderson.

01:07:58Members of the jury,

01:07:59I have never sought to

01:08:01conceal that I was, and

01:08:03am, deeply concerned

01:08:05about a boy who lacked

01:08:07what all young people

01:08:08most need care and

01:08:10affection.

01:08:12I concede that part of

01:08:14my interest was sexual,

01:08:16but that no part of my

01:08:17behavior was at any time

01:08:19intentionally so.

01:08:22I submit that a lonely

01:08:24and unloved boy,

01:08:25unwittingly, tried to

01:08:27tempt me beyond the

01:08:28bounds of what is

01:08:29professionally permitted,

01:08:30and on one occasion

01:08:31almost succeeded.

01:08:32I did, but as soon as I

01:08:34realized what might

01:08:35happen, I did indeed

01:08:37desist, not merely

01:08:40because it would be

01:08:41against the law, but

01:08:43because it would have

01:08:44given pain to someone

01:08:45whose welfare most

01:08:47deeply concerns me.

01:08:48that my actions were

01:08:51ill-advised, I concede,

01:08:53but I submit that there

01:08:55has been no evidence

01:08:56given by anyone in this

01:08:57court to indicate guilt

01:09:00of an offense punishable

01:09:02by law.

01:09:04You must, therefore,

01:09:05acquit me of this

01:09:06charge.

01:09:07No charge!

01:09:08Guilt!

01:09:08But you're in prison!

01:09:10Give your hands up!

01:09:12Disgusting!

01:09:13Yes!

01:09:14If there is anyone else

01:09:16here minded to repeat

01:09:19behavior of that sort,

01:09:20let them be moved

01:09:21that I shall regard it

01:09:22as a contempt of court.

01:09:23And members of the

01:09:24jury, you will, of

01:09:24course, realize that you

01:09:26mustn't allow yourselves

01:09:26to be affected by

01:09:27other people's

01:09:29prejudices.

01:09:30Now, members of the

01:09:32jury, the accused, as

01:09:33you know, is charged

01:09:34with indecent assault.

01:09:35That is the deliberate

01:09:37touching of another

01:09:38person with indecent

01:09:39associations.

01:09:41The prosecution

01:09:42allege that the

01:09:43accused intentionally

01:09:44touched the private

01:09:45parts of the

01:09:46boy, Kevin

01:09:47Anderson.

01:09:48Well, that, you may

01:09:49think, would amount

01:09:50to indecent assault.

01:09:52The accused claims

01:09:53that any such

01:09:53touching was

01:09:54unintentional, by

01:09:55accident, in which

01:09:56case, of course,

01:09:57plainly, he would

01:09:58not be guilty of

01:09:59indecent assault.

01:10:00That's what you've

01:10:01got to decide.

01:10:02That's all you're

01:10:03concerned with,

01:10:03really.

01:10:04The events of

01:10:05August the 25th of

01:10:07last year at the

01:10:08accused's flat.

01:10:08You are not

01:10:09directly concerned

01:10:10with whether or not

01:10:11the boy came from a

01:10:12caring home, whether

01:10:13or not the accused

01:10:14caused Mr. Harmon to

01:10:16leave his wife, though

01:10:17this background

01:10:17information may assist

01:10:19you in deciding

01:10:20whether or not

01:10:21someone had a

01:10:22reason for lying,

01:10:23someone had lied

01:10:24or misrepresented

01:10:25the facts.

01:10:26But what finally

01:10:27you must resolve

01:10:28is the conflict of

01:10:29evidence between

01:10:30the accused and

01:10:31the boy, Kevin

01:10:32Anderson.

01:10:33And you must be

01:10:33aware of coming

01:10:35to the conclusion

01:10:35that as the

01:10:37accused has admitted

01:10:38that he is a

01:10:39homosexual, he

01:10:40would be incapable

01:10:40of restraining

01:10:41himself from taking

01:10:42advantage of the

01:10:43boy.

01:10:43the one thing

01:10:45doesn't necessarily

01:10:45follow the other.

01:10:48But if you believe

01:10:49the evidence of

01:10:50Kevin Anderson,

01:10:52then in this case

01:10:53you must come to

01:10:54the conclusion that

01:10:55the accused did

01:10:56take advantage of

01:10:57the boy, and you

01:10:59must convict.

01:11:01Remember, the

01:11:02prosecution must prove

01:11:03their case to your

01:11:05entire satisfaction.

01:11:06If they fail to do

01:11:07so, then you will

01:11:08return a verdict of

01:11:09not guilty.

01:11:11Will you now

01:11:11please retire?

01:11:12elect a foreman to

01:11:14speak for you on

01:11:14your return, and

01:11:15consider your verdict.

01:11:20Members of the

01:11:21jury, will your

01:11:22foreman please rise?

01:11:24I'll just answer the

01:11:25question, yes or no.

01:11:26Have you reached a

01:11:27verdict to which you're

01:11:28all agreed?

01:11:29Yes.

01:11:29Do you find the

01:11:30defendant, Colin

01:11:31Tyler, guilty or not

01:11:32guilty on the charge

01:11:33of indecent assault?

01:11:34Not guilty.

01:11:35Mr. Tyler, you are

01:11:39discharged, free to

01:11:41leave the court.

01:11:42Court stand.

01:11:42The cases in

01:12:02Folchester Crown Court

01:12:03are fictional, but the

01:12:04jury is made up of

01:12:05members of the public.

01:12:06Car cameras will return

01:12:07to bring you another

01:12:08leading case in the

01:12:10Crown Court.

01:12:10The case in

Crown Court - Beyond the Call of Duty (1976)

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