Crown Court - Treason (1973) - video Dailymotion

Jezza

George Clement, the self-styled "Lion of Katanga", is charged with treason. Richard Wilson, David Ashford, John Horsley and Michael Elphick star. Sonia Graham, known for her appearance as Martha Parrish in Within These Walls, plays Clement's wife.

Transcript

00:00:00The Lion of Katanga, they once called him,

00:00:14Georges Clément, ex-planter, ex-Congo mercenary leader.

00:00:19One of Chombe's generals, he led a motley collection of adventurers in the Congo uprising.

00:00:24He fought his way to Rwanda, was repatriated to Belgium,

00:00:27and finally settled in England, in Fulchester, where he married.

00:00:31But the Lion couldn't forget his old ways,

00:00:34and today he finds himself in Fulchester Crown Court, charged with treason.

00:00:46Now, members of the jury, as you know, the charge against Georges Clément is treason.

00:00:51The prosecution will show that whilst he was living in this country,

00:00:54he planned with others a rebellion in the island of Santa Isabella,

00:00:59which was one of Her Majesty's territories,

00:01:02and that he later led an armed revolt on that island.

00:01:06Now, treason is an offence against allegiance.

00:01:10And the prosecution case is that Georges Clément owed allegiance to Her Majesty at all material times.

00:01:18The witnesses I shall call...

00:01:19Mr Parsons, before you leave the topic of allegiance,

00:01:21there are a couple of points that I think should be made.

00:01:24I only interrupt because the concept of allegiance is perhaps a little difficult.

00:01:27Yes, I'm grateful, my lord.

00:01:28The first point, members of the jury,

00:01:29is that the defendant does not hold a British passport,

00:01:33and never has held one.

00:01:34Now, that is a point which he may intend to make.

00:01:37My lord, I'm quite content to disclose this aspect of the defence's case.

00:01:40My client, Georges Clément, is a Belgian national and holds a Belgian passport.

00:01:45As such, I submit he owed no allegiance to Her Majesty the Queen

00:01:48and cannot be guilty of treason.

00:01:50I am obliged to you, Mr Lotterby.

00:01:52Members of the jury, you've heard the defence emphasise

00:01:55that the defendant is not and never has been a British citizen.

00:01:59Now, whether or not he held allegiance to this country

00:02:01is a matter which you, and not I, must eventually decide.

00:02:06Now, what is allegiance?

00:02:07The dictionary defines it as the duty to a sovereign or government.

00:02:12Now, it might help you if I read what a distinguished judge has said on the subject.

00:02:16He said, a man may owe allegiance in two different ways.

00:02:19A British subject owes what's called natural allegiance,

00:02:22and a man who is not a British subject only owes allegiance

00:02:25as a result of having come within the king's realm,

00:02:29and thereby put himself under the protection of the king, as it is called.

00:02:33Thus, an alien can owe allegiance and can commit treason.

00:02:37Mr Poison?

00:02:38Well, Lord, I'm obliged.

00:02:39Members of the jury, it is a prosecution's case

00:02:41that whilst the accused was himself living in this country,

00:02:45he owed allegiance,

00:02:46and that he never ceased to owe allegiance,

00:02:49because when he left this country to go to Santa Isabella,

00:02:52he left his wife and child here,

00:02:55and he left his property here,

00:02:57under the protection of the crown.

00:02:59Now, as you no doubt know,

00:03:01Santa Isabella is at this moment independent and self-governing,

00:03:05but that does not assist the accused,

00:03:07because at the time of the alleged revolt,

00:03:10it was still one of Her Majesty's territories.

00:03:13Now, my first witness...

00:03:15Just a moment, Mr Poison.

00:03:16I understand that the defendant is a Belgian national.

00:03:18Mr Lottwee, have you arranged for an interpreter to be heard of system?

00:03:21Oh, my lord, my client does understand the language.

00:03:23he will endeavour to give his evidence in English.

00:03:25Right.

00:03:27I believe he speaks English fluently, my lord.

00:03:30Very well.

00:03:31Let us proceed, Mr Parsons.

00:03:32My first witness is Simon Chase.

00:03:37Simon Chase, please.

00:03:47What is your religion?

00:03:49C of A.

00:03:50Take the book in your right hand

00:03:51and read aloud the words on the card.

00:03:53I swear by almighty God

00:03:54the evidence I shall give

00:03:55will be the truth, the whole truth,

00:03:56and nothing but the truth.

00:04:02Now, you are Simon Edward Chase

00:04:05of 10 Reeds Street, Fulham, London.

00:04:07I am.

00:04:08What is your profession, Mr Chase?

00:04:10Freelance tele-reporter.

00:04:11Try and avoid using slang, Mr Chase.

00:04:13Not everybody uses or understands the same slang.

00:04:15Very well, my lord.

00:04:16What I mean is I'm a freelance TV journalist.

00:04:19I make film reports and sell them to television companies.

00:04:22Oh, you work for the BBC?

00:04:23Yeah, and ITV, whoever's prepared to pay.

00:04:27Now, do you particularly specialise in any kind of story, Mr Chase?

00:04:32Yeah, I specialise in trouble.

00:04:33Trouble, Mr Chase?

00:04:35Wars, revolutions, famines, whatever, wherever.

00:04:38Look, I am in favour of brevity in court, Mr Chase,

00:04:40but it is possible to be too succinct.

00:04:42Very well, my lord.

00:04:43What I mean is that I'm prepared to go anywhere in the world

00:04:45where there's the kind of story that I specialise in.

00:04:48I don't mind whether it's a chinless wonder

00:04:49trying to ride a bike up Everest

00:04:51or a revolution in Pagopago.

00:04:53If I think it's got human interest, drama,

00:04:55I go out and get it.

00:04:57Mercy.

00:04:58Yes, it would be true to say, would it not,

00:04:59that you specialise in overseas stories.

00:05:02Yeah, well, there's no point doing stories in this country.

00:05:04Anything worthwhile is usually covered by the staff men.

00:05:07Yes.

00:05:07Now, you were on the island of Santa Isabella

00:05:10at the time of the alleged revolt, were you not?

00:05:13Yeah, I was there when Clement and his thugs landed on Blackbeard's...

00:05:15Yes, there are one or two points I'd like to clarify

00:05:18before we get to the landing.

00:05:20Yeah, OK.

00:05:21Why did you go to the island of Santa Isabella?

00:05:25Well, I could smell a good story brewing.

00:05:27Mr Chase.

00:05:27I'll explain, my lord.

00:05:28Please.

00:05:29Well, as you no doubt know,

00:05:30the island of Santa Isabella is in the Caribbean.

00:05:33It was due for independence in June of this year.

00:05:36And when did you go to the island?

00:05:38March this year.

00:05:40Well, I'd heard there'd been a threat of UDI

00:05:42if the British government handed over to the People's Party.

00:05:45But the People's Party had a majority

00:05:47in the House of Assembly of Santa Isabella, did it not?

00:05:50Yeah, but the elections in Santa Isabella

00:05:52are as bent as a hairpin.

00:05:53Bent, Mr Chase?

00:05:54Well, crooked, fixed.

00:05:56The party that's in power always brings in new electoral rules,

00:05:59new electoral boundaries,

00:06:00just to make sure next time they get in

00:06:02we're the whacking great majority.

00:06:04I see.

00:06:04Well, I'd heard that some white planners

00:06:06were prepared to put up some money to finance a revolt.

00:06:09My lord, this is hearsay, of course.

00:06:11Yes, I agree, Mr Lotterby.

00:06:13But on the other hand,

00:06:13there obviously were these rumours going around.

00:06:16And I think it's right that we should take judicial note of them.

00:06:19On the other hand, Mr Chase,

00:06:20I'd be obliged if you would confine your evidence

00:06:22to matters which you yourself perceive.

00:06:25Yeah, very well, my lord.

00:06:26Now, where did you first meet Mr Claymore?

00:06:30In Katanga at the time of the Congo Troubles.

00:06:32I was the first journalist to get an interview with him

00:06:34before Katanga fell.

00:06:36So you knew Mr Claymore before you went to Santa Isabella?

00:06:39Yeah, I did.

00:06:40Now, did you interview Mr Claymore on Santa Isabella?

00:06:44No, I found him in Honduras.

00:06:46Honduras?

00:06:47This is the Republic in Central America, my lord.

00:06:50Yes, I was aware of the location of the country, Mr Parsons.

00:06:53Oh, my apologies, my lord.

00:06:57Now, Mr Chase, as a result of information you received,

00:07:00you traced Mr Claymore to Honduras.

00:07:03Yeah, Trujillo.

00:07:04Yes, Trujillo in Honduras.

00:07:07Yeah.

00:07:07Yes.

00:07:08Now, did you succeed in interviewing Mr Claymore there?

00:07:12Yeah, I did.

00:07:12Now, my lord, at this point I'd like to introduce this interview in evidence.

00:07:16I have a transcript of the interview,

00:07:19but if your lordship is agreeable,

00:07:21I would prefer to show a film with the interview here in court.

00:07:24Well, films and tape recordings can be tampered with, Mr Parsons.

00:07:27Yes, I am aware of that, my lord,

00:07:28but a typescript can be equally erroneous.

00:07:31I suggest the best thing would be to show the film

00:07:33and allow the jury to make up their own minds.

00:07:36Do you have the necessary equipment in court?

00:07:38Yes, my lord.

00:07:39Yes.

00:07:40Mr Chase, what was your precise function in the filming of this interview?

00:07:43Well, I asked the questions

00:07:44and took care of the sound recording equipment.

00:07:47Who was the cameraman?

00:07:48Freelance Mexican I'd worked with before, Diego Santana.

00:07:52Ah, will you be calling Mr Santana, Mr Parsons?

00:07:54No, my lord.

00:07:55I regret he's unavailable.

00:07:56He is at this moment in Chile on an assignment.

00:07:59All right.

00:07:59Who edited the film, Mr Chase?

00:08:02I did.

00:08:02After we'd shot the interview,

00:08:03Santana handed over the exposed film to me.

00:08:06I edited it along with the soundtrack.

00:08:07And no one else was involved?

00:08:09No, just the two of us.

00:08:11Mr Lottwee, since you'll be able to cross-examine Mr Chase,

00:08:15and he seems to have been the sole originator of this film,

00:08:17I see no reason why I shouldn't rely on it in evidence.

00:08:19I have seen the film, my lord.

00:08:20I wasn't going to object to it.

00:08:22Oh, very well.

00:08:23Right, proceed, Mr Parsons.

00:08:24Thank you, my lord.

00:08:26My lord, whilst the equipment is being set up,

00:08:29it might assist the jury,

00:08:30if Mr Chase were to describe the circumstances of the interview.

00:08:34Very well.

00:08:34Now, Mr Chase, this film we're about to see

00:08:37was filmed in Trujillo in Honduras.

00:08:40That's right.

00:08:41Now, where exactly?

00:08:42In the garden of Clement's Hotel.

00:08:44He was staying there quite openly.

00:08:46No, he was registered under the name of Weber, Carl Weber.

00:08:49But you found him nonetheless.

00:08:51Yeah, well, there's only three hotels and four brothels in Trujillo.

00:08:55It wasn't hard.

00:08:55Yes.

00:08:56Now, was Mr Clement surprised to see you?

00:09:00Yeah, he was.

00:09:01But he granted you the interview.

00:09:03Yeah, well, he knew me from the Congo.

00:09:04There was no point in him denying he was Clement.

00:09:07Besides, I think he figured if he gave me the interview,

00:09:09I'd clear off.

00:09:10Yes.

00:09:11Now, when was the interview shown on British television?

00:09:13April 9th, 1973.

00:09:16ITV.

00:09:16Yes.

00:09:17That was just after the uprising.

00:09:19Yeah.

00:09:20Yes.

00:09:21My lord, I believe the equipment is ready.

00:09:23Then you may proceed, Mr Parsons.

00:09:25Thank you, my lord.

00:09:31Good day.

00:09:34It's the 7th of March, 1973.

00:09:36My name's Simon Chase.

00:09:38I'm standing in the gardens of a small hotel in Trujillo, Honduras.

00:09:42I'm going to be speaking to Mr George Clement.

00:09:44Mr Clement, what exactly are you doing here in Honduras?

00:09:48I'm here on business.

00:09:50What kind of business?

00:09:51Private.

00:09:52Some of your officers from your old Congo unit are here.

00:09:56Duplessis, Schneider, La Plaine.

00:09:58We meet from time to time.

00:10:00In Honduras?

00:10:01In different places.

00:10:03Well, it's just an old comrades' reunion, is it?

00:10:05We are here on business.

00:10:07Well, there's no war on here.

00:10:09War has not always been my business.

00:10:11I was a planter before I became a soldier.

00:10:14Are you looking for a plantation in Honduras?

00:10:17Yes.

00:10:17What kind of plantation?

00:10:19We have not decided yet.

00:10:22Coffee plantation.

00:10:23You used to grow coffee in the Congo, didn't you?

00:10:25I had a fine plantation.

00:10:27Built up from nothing.

00:10:29Just scrub and jungle when I started.

00:10:31Took me 20 years.

00:10:34Those savages, they destroyed it in two hours.

00:10:38Just two hours.

00:10:40They destroyed everything.

00:10:42They killed your wife, didn't they?

00:10:45No wonder you feel bitter.

00:10:46You thinking of starting here again?

00:10:50Or in Santa Isabella?

00:10:53Why do you ask that?

00:10:55I just thought you might be thinking of settling down there.

00:10:59It's the same story there.

00:11:01Just like the Congo.

00:11:03They are going to give everything to the savages.

00:11:06The politicians are giving away everything that people built up for years.

00:11:11It will all be handed over.

00:11:14Unless you fight.

00:11:15Is that what Schneider and Duplessis are doing here?

00:11:19I answer no more questions.

00:11:21Did the Santa Isabella Loyalist Party get in touch with you?

00:11:24I answer no more questions.

00:11:25The interview is over.

00:11:26So, this is the extent of the interview, Mr. Chase.

00:11:32Yeah, that's right.

00:11:33Now, did you speak to Mr. Clément again?

00:11:36No, he wouldn't see me again, but I managed to get a word with one or two of his men.

00:11:39Yes, and was the accused present on that occasion?

00:11:42Yeah, he turned up later, tried to stop them talking.

00:11:44They'd been drinking.

00:11:46How did you know they were Clément's men?

00:11:48Well, they said they were.

00:11:49Besides, Schneider and Duplessis, his officers tried to, they were fussing around them, you

00:11:55know, like mother hens.

00:11:56Yes.

00:11:56Did they say why they were in to here?

00:11:59Yeah, they said they were going to form a white army of liberation.

00:12:02You actually heard these men describe themselves, is there?

00:12:04Yeah, some of them meant him as a joke, but most of them meant it.

00:12:08Now, how long did you stay in to here after the interview with Mr. Clément?

00:12:12About another week, then I flew back to Santa Isabella.

00:12:15I figured the invasion couldn't be far off.

00:12:17Yes, and you were present when the invasion took place.

00:12:20Yeah.

00:12:20Well, how did you know where it was going to be?

00:12:23Well, there's only three possible landing places on the island.

00:12:26I was lucky I happened to choose the right one.

00:12:28Yes, Blackbeard's Bay.

00:12:30Yeah.

00:12:31Did you see Mr. Clément on the beach?

00:12:34I did.

00:12:35Now, you couldn't have been mistaken.

00:12:36No, I knew him.

00:12:38And was he armed?

00:12:38Yeah.

00:12:39You saw a gun in his hand?

00:12:42I did.

00:12:43Now, what happened when the invaders landed?

00:12:47Well, there was a detachment of raw marines and armed police waiting for them.

00:12:50Yes.

00:12:51Was there any shooting?

00:12:52Yeah.

00:12:53And were there any casualties?

00:12:54Twenty-five dead, a few wounded.

00:12:57And on the invaders' side?

00:12:58Clément lost about a dozen men.

00:13:01On the other side, five armed police, eight native policemen.

00:13:04Yes, and as we know, Mr. Clément and one of the two of his men managed to escape.

00:13:09Yeah, they did.

00:13:10Yes, thank you, Mr. Chase.

00:13:13How many men did Mr. Clément have under his command at Trujillo?

00:13:18Thirty-five.

00:13:19Thirty-five?

00:13:19Hardly an impressive invasion force.

00:13:21No, it was pathetic.

00:13:23Besides, I was told by Schneider that they were...

00:13:24No, Mr. Clément's second in command in the Congo?

00:13:26Yeah.

00:13:27Schneider said they were expecting 150, 200 men and guns.

00:13:31How much was the force that landed at Blackbeard's Bay?

00:13:34Thirty.

00:13:35Thirty?

00:13:35Even less than the number you saw at Trujillo?

00:13:37Probably couldn't get the others sobered up in time.

00:13:40Was this mammoth invasion force heavily armed?

00:13:43What, rifles, sidearms?

00:13:45No automatic weapons, no mortars, no rocket launchers?

00:13:48They had a bren.

00:13:50One bren, that all?

00:13:51Yeah.

00:13:52I think they were waiting for a cache of arms on the beach.

00:13:55There were some white planners waiting for Clément to lead them.

00:13:58Was there?

00:13:59No.

00:14:00What went wrong?

00:14:01My Lord, the witness cannot possibly answer that question.

00:14:04I take your point, Mr. Parsons.

00:14:06On the other hand, I think it helps us all if we have an understanding of the background of the case.

00:14:11And after all, it is only a background.

00:14:13It doesn't touch the accused.

00:14:15Mr. Chase, what went wrong with the invasion of Santa Isabella?

00:14:19Well, in my opinion, I think Clément's backers got cold feet.

00:14:22Backers, Mr. Chase?

00:14:23Well, somebody had to supply the money for the arms and so forth.

00:14:27Financing a revolution can be expensive.

00:14:29Who were these backers?

00:14:30Well, the people who didn't want the island to become independent.

00:14:33The ones with most to lose.

00:14:34The businessmen, planners, etc.

00:14:36And in your opinion, these men sacrificed Mr. Clément to political necessity?

00:14:40I don't know about necessity.

00:14:41They certainly sacrificed him.

00:14:42He was the scapegoat?

00:14:44Yeah.

00:14:44He was the pig in the middle.

00:14:45He had to be the loser.

00:14:46Whatever happened.

00:14:47Oh, why do you say that?

00:14:48Well, it's obvious.

00:14:49Not to me, Mr. Chase.

00:14:51My lord, if the invasion had been a success,

00:14:54Clément would have been lost in the background.

00:14:56Well, why?

00:14:57Well, what supposedly popular revolution's going to admit

00:14:59it hired an ex-Congo mercenary to do its fighting?

00:15:02But this revolution failed, Mr. Chase.

00:15:04Exactly.

00:15:05So he was the scapegoat.

00:15:07Somebody had to be the fool guy.

00:15:09Clément was the mug.

00:15:12Now, Mr. Chase, you said you were at Blackbeard's Bay

00:15:14when this invasion force landed.

00:15:16That's right.

00:15:16You said you saw Mr. Clément on the beach.

00:15:18I did.

00:15:19Yet the security forces failed to take him.

00:15:23Yeah.

00:15:25How close were you to Mr. Clément?

00:15:27About 30 yards.

00:15:28You paced out the distance, did you?

00:15:29No, of course not.

00:15:31So you just estimated the distance?

00:15:32Yeah.

00:15:33Could it have been 40 yards?

00:15:34Yeah.

00:15:3550?

00:15:36No, I don't think so.

00:15:37But you're not sure?

00:15:38No.

00:15:39Did this landing take place in broad daylight?

00:15:41No, they landed about 2 a.m.

00:15:43When it was dark?

00:15:45Oh, the rockets went up as soon as they landed.

00:15:47Rockets?

00:15:47You mean flares?

00:15:48Flares and rockets.

00:15:49Oh.

00:15:50Well, hardly the most reliable form of illumination

00:15:54in which to make a positive identification, Mr. Chase.

00:15:58Well, it wasn't hard.

00:15:59I was looking out for him.

00:16:01How was Mr. Clément dressed?

00:16:03A sort of camouflaged battle dress.

00:16:05How were the other invaders dressed?

00:16:06Same way.

00:16:07Well, did he wear any special flashes

00:16:09or distinguishing insignias on his battle dress?

00:16:11No.

00:16:12I'd like you to have a look at a photograph.

00:16:17Is this a photograph you took of the invaders

00:16:19after they had surrendered?

00:16:21Yeah, that's the photograph.

00:16:22Exhibit number two, my lord.

00:16:24As you'll see, my lord,

00:16:25all the invaders had blackened faces.

00:16:27Mr. Chase, was Mr. Clément's face black too?

00:16:30Yeah.

00:16:32And you're asking the court to believe

00:16:33that you were able positively to identify

00:16:35a man in battle dress

00:16:37with a blackened face

00:16:38at a distance of up to 50 yards

00:16:40at night

00:16:41on a beach illuminated only by flares?

00:16:43Well, by the look of those men,

00:16:45I should think their own mothers

00:16:46would have difficulty in recognising them.

00:17:07Chase, you said there was some shooting

00:17:09when the invaders landed.

00:17:10Yeah, as soon as the flares went up,

00:17:12the shooting started.

00:17:12Who fired first?

00:17:14I don't know.

00:17:15Was it the security forces or the invaders?

00:17:17Well, I couldn't say.

00:17:18Strange, isn't it?

00:17:20When you claim to have seen

00:17:20so much else that was happening.

00:17:22Well, when bullets start to fly,

00:17:24you get your head down.

00:17:26Precisely, Mr. Chase.

00:17:27Was there any warning

00:17:28given by the security forces?

00:17:31No.

00:17:32You didn't hear any challenge?

00:17:33No.

00:17:34So they could have opened fire first?

00:17:36Yeah.

00:17:37Approximately how many of the security forces

00:17:39were lying in ambush for the invaders?

00:17:4175.

00:17:42How were they armed?

00:17:44Rifles, revolvers.

00:17:46Automatic weapons?

00:17:47Yeah.

00:17:48Rocket launchers?

00:17:49Yeah.

00:17:49So the invaders didn't stand a chance, did they?

00:17:51No.

00:17:52Not a hope in hell.

00:17:53How long did this battle last?

00:17:55About five minutes.

00:17:57Hardly a battle at all.

00:17:58No.

00:17:59How did it end?

00:18:01Clement lost about a dozen,

00:18:0314 men, dead or wounded.

00:18:04They just surrendered.

00:18:06Hardly what we would expect

00:18:07from a band of mercenaries

00:18:09commanded by a celebrated

00:18:11ex-Congo mercenary leader.

00:18:12Well, I don't know about commanded.

00:18:14I think that's putting it

00:18:15a little optimistically.

00:18:16Oh, you mean Mr. Clermont

00:18:17wasn't in command?

00:18:19I mean it was like the Congo,

00:18:20a bunch of psychopaths

00:18:22and aging thugs out

00:18:23for what they could get.

00:18:24He was paying them

00:18:25so they did as he told them,

00:18:26more or less.

00:18:27Oh, come now, Mr. Chase,

00:18:28you are being unfair

00:18:29to Mr. Clermont, are you not?

00:18:30In the Congo,

00:18:31both before and during the troubles,

00:18:33he was held in the highest esteem,

00:18:34was he not?

00:18:34By whom?

00:18:35Ordinary, decent-minded people.

00:18:36Yeah, well,

00:18:37that all depended

00:18:38on whose side you're on.

00:18:41Thank you, Mr. Chase.

00:18:44Yes, Mr. Chase,

00:18:45whose side was Mr. Clermont on?

00:18:48Chombies, of course.

00:18:49Yes.

00:18:49He knew Clermont in the Congo.

00:18:51Oh, yeah,

00:18:52I knew him in the Congo.

00:18:53He commanded

00:18:53the 14th Commando.

00:18:55I followed them round

00:18:56for two or three weeks.

00:18:56My lord,

00:18:57I must protest

00:18:58in my learned friend's line

00:18:58of questioning

00:18:59what possible relevance

00:19:00can past events in the Congo

00:19:01have to an alleged invasion

00:19:03of the Caribbean in 1973?

00:19:05My lord,

00:19:06it was not I

00:19:07but my learned friend himself

00:19:08who first mentioned the Congo.

00:19:10On the contrary,

00:19:10it was Mr. Chase,

00:19:11your witness who first...

00:19:12Let them know about the Congo.

00:19:13I have nothing to be ashamed of.

00:19:14Mr. Clermont,

00:19:15you must not interrupt.

00:19:16It is right

00:19:17that people should understand

00:19:18the truth about the Congo.

00:19:20They will then know

00:19:20why I've done what I've done.

00:19:22Let us hope so, Mr. Clermont.

00:19:23Mr. Parsons,

00:19:24in view of the fact

00:19:25that our time is not unlimited,

00:19:26I'd be obliged

00:19:27if you keep this new line

00:19:28of questioning

00:19:28as brief as possible.

00:19:30as your lordship pleases.

00:19:32Mr. Chase,

00:19:33it is right,

00:19:34is it not,

00:19:35that Clermont

00:19:35was convicted

00:19:36on certain criminal charges

00:19:38arising out of his activities

00:19:40in the Congo.

00:19:41My lord,

00:19:41I protest to this.

00:19:42For one thing,

00:19:43my client is insistent

00:19:44that he's never before been

00:19:45at a criminal trial

00:19:46in his life.

00:19:47He was tried

00:19:48in his absence

00:19:48after he skipped the country.

00:19:50Well,

00:19:50I don't think

00:19:50we can have mention

00:19:51of a conviction

00:19:52obtained in the accused's absence.

00:19:53Well, my lord,

00:19:54charges as well as convictions

00:19:56may be used

00:19:56against an accused.

00:19:57Yes,

00:19:58but it's all hearsay.

00:19:59No,

00:19:59I was there.

00:20:01Oh,

00:20:01you were,

00:20:02were you?

00:20:03Oh,

00:20:04very well then.

00:20:05Now proceed,

00:20:05Mr. Parsons.

00:20:05Thank you,

00:20:06my lord.

00:20:07Now,

00:20:08what impression

00:20:08did you form

00:20:09of the defendant's character

00:20:10while you were

00:20:11in the Congo?

00:20:13Well,

00:20:13he's a hard man,

00:20:14physically brave,

00:20:16not unintelligent,

00:20:18but he's like

00:20:18all the mercenaries,

00:20:19a nutter.

00:20:20Do you mean

00:20:20that Mr. Clement

00:20:21was insane?

00:20:22Well,

00:20:22no,

00:20:22not exactly.

00:20:23Well,

00:20:23what do you mean,

00:20:24Mr. Chase?

00:20:24Well,

00:20:24I mean he's

00:20:25the kind of guy

00:20:25you can't reason with.

00:20:26Can I give you

00:20:27an example

00:20:27of how he behaved?

00:20:29Very well.

00:20:30I was in a small market town

00:20:32when his men took him.

00:20:34It's a small place

00:20:34on the Katanga border

00:20:36called Juba.

00:20:37There was very little

00:20:37local resistance.

00:20:39The gendarmerie

00:20:39had fled.

00:20:41Now,

00:20:41his men arrived

00:20:42in that town

00:20:42and went straight

00:20:43to the bars

00:20:44and ore houses

00:20:44just like they always did.

00:20:46They found a bar

00:20:47with some liquor

00:20:47and they started celebrating.

00:20:49Now,

00:20:49that bar

00:20:50had been booby-trapped.

00:20:51A bomb went off.

00:20:52Seventeen of his men

00:20:53were killed.

00:20:54He went loka.

00:20:55He rounded up

00:20:56the local townspeople

00:20:57and asked them

00:20:57who put the bomb

00:20:58in the bar.

00:20:59Nothing happened.

00:21:00So he shocked

00:21:01seventeen Africans

00:21:03there and then.

00:21:04Yes,

00:21:04it's a horrifying story,

00:21:05Mr. Chase,

00:21:06but such actions

00:21:07are not unknown in war,

00:21:08particularly in civil war.

00:21:09Yeah,

00:21:09but it didn't end there,

00:21:10my lord.

00:21:11After they shot

00:21:11the first seventeen,

00:21:12they went back

00:21:13to the villagers

00:21:13and asked them again

00:21:14who was responsible

00:21:15for putting the bomb there.

00:21:17Nothing happened again.

00:21:18They shot another seventeen.

00:21:19Then they went back again.

00:21:20Fifty-one people

00:21:22died that day.

00:21:23It was not like that

00:21:24he is lying.

00:21:24Mr. Clement,

00:21:25you must not interrupt.

00:21:26But what he said

00:21:26is not true.

00:21:27Then you must wait

00:21:28until it is your turn

00:21:29to give evidence

00:21:30and then you can

00:21:30redress the balance.

00:21:34Now,

00:21:35Mr. Chase,

00:21:35did Mr. Clement

00:21:36ever find

00:21:37who planted the bomb?

00:21:40No.

00:21:41I doubt if any

00:21:42of the villagers

00:21:42did it.

00:21:43I didn't.

00:21:43They had any explosives

00:21:44or knew how to make

00:21:45booby traps.

00:21:47And what happened next?

00:21:49Well,

00:21:49Clement heard

00:21:49that a force

00:21:50of United Nations

00:21:51soldiers

00:21:52was advancing

00:21:53on the town.

00:21:54An Ethiopian battalion.

00:21:55It's funny,

00:21:56none of those mercenaries

00:21:57ever fancied

00:21:58mixing it

00:21:58with the Ethiopians.

00:22:00They all cleared off fast.

00:22:01Mr. Clement,

00:22:03have you any

00:22:04further questions,

00:22:05Mr. Parsons?

00:22:06No, my lord.

00:22:07Then you may

00:22:07leave the witness box,

00:22:08Mr. Chase.

00:22:08My lord,

00:22:14I would point out

00:22:15that this witness's story,

00:22:16however horrifying,

00:22:17is completely unsubstantiated

00:22:19and, moreover,

00:22:20reveals considerable

00:22:21personal animosity

00:22:22towards my client.

00:22:24Mr. Lottwee,

00:22:24I think you'd be

00:22:25better advised

00:22:25to make this point

00:22:26in your final address

00:22:27to the jury.

00:22:28I propose to do so,

00:22:29my lord.

00:22:30However,

00:22:30I submit that

00:22:30even if this story

00:22:31were true

00:22:32and you've heard

00:22:32my client deny it,

00:22:33these alleged events

00:22:34occurred in Katanga

00:22:35whilst my client

00:22:36was a citizen

00:22:37of that short-lived republic.

00:22:38Now,

00:22:38they can have no bearing

00:22:39on what is alleged

00:22:40to have occurred

00:22:40on the beach

00:22:41at Blackbeard's Bay

00:22:42in Santa Isabella.

00:22:44Well,

00:22:44that is for the jury

00:22:45to decide.

00:22:48On.

00:22:50My lord,

00:22:51my next witness

00:22:51is Detective Chief

00:22:52Superintendent Lane

00:22:54of the special branch.

00:22:55Detective Chief

00:22:56Superintendent Lane,

00:22:57please.

00:23:07I swear,

00:23:08my almighty God,

00:23:08the evidence

00:23:09I should give

00:23:09should be the truth,

00:23:10the whole truth

00:23:10and nothing but the truth.

00:23:11Detective Chief

00:23:12Superintendent

00:23:12Orwell Lane,

00:23:13special branch.

00:23:14Now,

00:23:14before I begin

00:23:15my examination

00:23:15of this witness,

00:23:16I'd like to request

00:23:17that his evidence

00:23:18be heard in camera.

00:23:21My lord,

00:23:21the witness's evidence

00:23:22will surely only be heard

00:23:23in camera.

00:23:24It's likely to be a risk

00:23:25to national security.

00:23:26That, my lord,

00:23:27is why I wish

00:23:28it to be heard

00:23:29in camera.

00:23:29The case of the Queen

00:23:50against Clément

00:23:50will be resumed tomorrow

00:23:52in the Crown Court.

00:23:53The charge

00:24:10is treason.

00:24:11The defendant

00:24:12is Georges Clément,

00:24:13a Belgian,

00:24:14once the self-styled

00:24:15Lion of Katanga.

00:24:17His military career

00:24:18seemed to be over,

00:24:19but others had

00:24:20different ideas.

00:24:21Three days before

00:24:22the island of Santa Isabella,

00:24:24one of the last

00:24:24of Britain's Caribbean possessions,

00:24:26was granted independence,

00:24:28Georges Clément

00:24:28is now accused

00:24:29of leading

00:24:30a motley band

00:24:31of ex-Congo mercenaries

00:24:32up the beach

00:24:33at Blackbeard's Bay.

00:24:35The invasion

00:24:36was a complete failure,

00:24:37but Clément

00:24:38managed to escape.

00:24:39He was arrested

00:24:40in Fulchester

00:24:40and brought to trial

00:24:42at Fulchester Crown Court

00:24:43on a charge of treason.

00:24:45This is the second day

00:24:46of the trial.

00:24:49Mr Parsons?

00:24:51I've considered

00:24:51your request

00:24:52that the evidence

00:24:53of this witness

00:24:54be held in camera.

00:24:55As you well know,

00:24:56evidence may only

00:24:57be held in camera

00:24:58if it is of such a nature

00:24:59that the security

00:25:00of the realm

00:25:01may be placed at risk

00:25:02if it were made public.

00:25:03Yes, my lord,

00:25:04it may be possible

00:25:04that Detective Chief

00:25:05Superintendent Lay

00:25:06may be required

00:25:07to identify

00:25:08a certain information

00:25:10and the sources

00:25:11of that information

00:25:12which has come

00:25:13into the hands

00:25:13of the special branch.

00:25:15My lord,

00:25:15my client is not a spy,

00:25:18nor has he been accused

00:25:19of espionage.

00:25:20No scientific secrets

00:25:21are at stake,

00:25:22nor has the security

00:25:23of the realm

00:25:23been affected

00:25:24by any action of his.

00:25:26Mr Parsons,

00:25:26I'm not satisfied

00:25:27that your grounds

00:25:28are strong enough

00:25:29for this witness's evidence

00:25:30to be heard in camera.

00:25:31My lord,

00:25:32may I point out...

00:25:33No, Mr Parsons,

00:25:33you may not.

00:25:34I dislike secrecy

00:25:35in a court of law

00:25:36unless the arguments

00:25:38for it are overwhelming

00:25:39and yours are not.

00:25:43As your lordship pleases.

00:25:45Detective Chief Superintendent Layne,

00:25:46I must remind you

00:25:47that you're still on oath.

00:25:48I understand, my lord.

00:25:50Now, you are Detective

00:25:51Chief Superintendent

00:25:52Erwin Layne.

00:25:53Yes, sir.

00:25:54And you are attached

00:25:55to the special branch.

00:25:56I am, sir.

00:25:57And you arrested

00:25:57the prisoner,

00:25:58Georges Clément,

00:25:59on the 27th of May

00:26:01this year.

00:26:02I did, sir.

00:26:02Where did you arrest him?

00:26:04At Fulchester Coat Station.

00:26:06He was boarding a bus

00:26:07to York.

00:26:07Had you had Mr Clément

00:26:09under observation

00:26:10for some time

00:26:11prior to his arrest?

00:26:12Yes, sir.

00:26:13For how long?

00:26:14On and off

00:26:14for the past few years.

00:26:15Well, ever since

00:26:16he came back

00:26:17from the Congo, in fact.

00:26:19And to be absolutely correct, sir,

00:26:20he came to this country

00:26:21from Holland.

00:26:21He travelled via Belgium

00:26:22and Holland

00:26:23from the Congo.

00:26:24Is that, er...

00:26:25That was in November 1969?

00:26:28That's correct, sir.

00:26:29And did he marry

00:26:29soon afterwards?

00:26:31Yes, sir.

00:26:31The bride was

00:26:32a Miss Margaret Patterson

00:26:33of Fulchester.

00:26:34They were married in, er...

00:26:35May I consult my notes, my lord?

00:26:38Certainly, Chief Super General.

00:26:40Mr Claymore,

00:26:40Miss Margaret Patterson

00:26:42were married in...

00:26:42November 23rd, 1969

00:26:45in Fulchester,

00:26:46Register Office.

00:26:47Yes, that's correct.

00:26:48Yes.

00:26:49Now, what was

00:26:50Mrs Clément's nationality

00:26:52before her marriage?

00:26:53British.

00:26:54Yes.

00:26:55And Mr Clément

00:26:56then settled in Fulchester?

00:26:59Yes, sir.

00:26:59He and his wife

00:27:00bought a hotel

00:27:00on the moors

00:27:01just outside the town.

00:27:02Yes.

00:27:02Was the hotel successful?

00:27:04Apparently so.

00:27:04It had quite a large

00:27:05weekend and holiday trade.

00:27:06As Mr and Mrs Clément

00:27:07ran the hotel together?

00:27:09Yes, sir.

00:27:09Yes.

00:27:11Um, was the marriage happy

00:27:13as far as you could

00:27:14ascertain?

00:27:16As far as I could judge,

00:27:17yes, sir.

00:27:17In 1971,

00:27:18Mrs Clément gave birth

00:27:19to a son.

00:27:20Yes.

00:27:21Now, did you keep

00:27:22Mr Clément

00:27:22under constant observation

00:27:24over these four years?

00:27:26No, sir.

00:27:26I'd just kept an eye

00:27:27on him from time to time.

00:27:28Were his actions

00:27:29in any way suspicious?

00:27:31Oh, no, my lord.

00:27:31That is, not until

00:27:32thirteen months ago.

00:27:33Yes, uh...

00:27:34What happened then?

00:27:35I noticed that he'd begun

00:27:37to make regular journeys

00:27:38to Harwich.

00:27:39Sometimes he went

00:27:40on day trips to Holland.

00:27:41He went alone?

00:27:42Yes, sir.

00:27:43What was the purpose

00:27:44of these trips to Holland?

00:27:46Well, our information

00:27:47is not complete

00:27:47on that point, sir.

00:27:48However, on one occasion

00:27:50I trailed him across

00:27:51to Amsterdam

00:27:51and saw him meet

00:27:52Hans Schneider

00:27:53and another man

00:27:54called Duplessis.

00:27:55Now, Schneider

00:27:56was Clément's second

00:27:57in command

00:27:58in the Congo,

00:27:58was he not?

00:27:59That's correct, sir.

00:28:00Yes.

00:28:02Now, did you eventually

00:28:03take certain steps

00:28:04in relation

00:28:05to Mr Clément's telephone?

00:28:07Yes, sir.

00:28:08I applied to the Home Office

00:28:09for permission

00:28:09for constant

00:28:10telephonic surveillance.

00:28:11Yes.

00:28:11In plain language,

00:28:13Chief Superintendent,

00:28:14what does that mean?

00:28:16One of my officers

00:28:17tapped the defendant's

00:28:18telephone, my lord.

00:28:19Bugging?

00:28:20That is what

00:28:21the Americans call it,

00:28:22my lord.

00:28:23A distasteful business,

00:28:24Chief Superintendent.

00:28:25I agree, my lord,

00:28:26but sometimes necessary.

00:28:28Hmm.

00:28:31And do you produce

00:28:32a tape recording

00:28:33of several telephone conversations

00:28:35between the defendant

00:28:35and various persons

00:28:37known to the special branch?

00:28:38The authenticity

00:28:39of these recordings

00:28:40is disputed, my lord.

00:28:42Well, are you asking me

00:28:43to send the jury out?

00:28:44Oh, no, my lord.

00:28:45Oh, very well, Mr Lottaby.

00:28:47Mr Puzzin,

00:28:47do you have these recordings

00:28:48in court?

00:28:49Yes, my lord.

00:28:49I hope it won't take long

00:28:50to set them up.

00:28:51No, my lord.

00:28:52We're fully prepared.

00:28:53Right, well.

00:28:54I would like to offer

00:28:55this tape in evidence, my lord.

00:28:56Detective Chief Superintendent,

00:28:58can you identify that tape?

00:29:00Yes, sir.

00:29:01This is a tape of telephone calls

00:29:03to and from

00:29:03the defendant's hotel.

00:29:05Yes, and has the tape

00:29:06remained in your possession

00:29:07ever since the time

00:29:09of its recording?

00:29:10Yes, sir, it has.

00:29:11Yes, thank you.

00:29:12This first extract

00:29:14was recorded

00:29:14on December 15, 1972.

00:29:16Hi, Moor Hotel.

00:29:27It's Hendrik.

00:29:28Wait a minute.

00:29:29Believe that, I'll see to it.

00:29:31Where are you?

00:29:32Place called

00:29:33Notley Moor's, I know it?

00:29:35Yes, about 12 miles away.

00:29:37You saw him?

00:29:38Yes.

00:29:39He guaranteed our supplies?

00:29:40Yes.

00:29:41All of them?

00:29:42Some things he can't manage.

00:29:43What?

00:29:44Rocket launches motors.

00:29:46Ah, meld.

00:29:47He can do armor lights.

00:29:48Good.

00:29:49Why not the rest?

00:29:50There's a big demand.

00:29:51Pay him?

00:29:52With what money's run out?

00:29:54We only have three months.

00:29:56We've got to go

00:29:57and get them for more money.

00:29:58Old Schneider's getting

00:29:59his promises.

00:30:01Where are you at the moment?

00:30:03Post office in the village.

00:30:04Okay.

00:30:05Walk up the Moor Road

00:30:06as if you're taking a stroll.

00:30:07I'll pick you up in an hour.

00:30:09Okay.

00:30:09Now, what was the significance

00:30:13of that conversation,

00:30:15Chief Superintendent?

00:30:16The arms, sir.

00:30:17This was the first mention of arms.

00:30:18Yes, rocket launchers and mortars.

00:30:20And armor lights.

00:30:21Yes, what are they?

00:30:22American automatic rifles, sir.

00:30:24Very popular with guerrilla groups.

00:30:26Yes.

00:30:27Now, who was the second man,

00:30:29the other voice on the telephone,

00:30:30the man who called himself Hendrick?

00:30:31Hendrick Duplessis.

00:30:32He was Mr. Claymore's

00:30:34supply officer in the condo.

00:30:35Yes, I see.

00:30:36And when was this second recording made,

00:30:38did you say?

00:30:38Two weeks later, December 29th.

00:30:40Yes.

00:30:47Who's that?

00:30:49Hendrick.

00:30:49What's the news?

00:30:50Good or bad?

00:30:51Pretty good.

00:30:52We've got training facilities.

00:30:53Where?

00:30:54Haunt your ass.

00:30:55What about transport?

00:30:56It's been arranged.

00:30:57Good.

00:30:58Where are you?

00:30:59Same place as last time.

00:31:00I'll come and get you.

00:31:03Yes.

00:31:04Thank you very much.

00:31:05Now, you concluded from these two

00:31:07telephone conversations, Chief Superintendent,

00:31:09that things were coming to a head.

00:31:11I did, sir.

00:31:12Arms had been mentioned,

00:31:13a base for training at Honduras,

00:31:15and transport to Santa Isabella.

00:31:17And at this point,

00:31:18did you propose to take action

00:31:19against the defendant?

00:31:21Yes, sir.

00:31:21And what was that action?

00:31:23I decided to go and talk to him

00:31:24the day after the phone call.

00:31:25And did you do so?

00:31:26Yes, sir.

00:31:27But he'd gone.

00:31:28Gone?

00:31:28Vanished.

00:31:29He'd left the country.

00:31:30Yes.

00:31:31You spoke to his wife?

00:31:33Yes.

00:31:34She seemed very distressed,

00:31:35but she said she had no idea

00:31:36where he'd gone.

00:31:37Yes.

00:31:38Now, after Mr. Clermont

00:31:39left the country

00:31:40for Honduras,

00:31:42did Mrs. Clermont

00:31:43and the child

00:31:44remain in this country?

00:31:46Oh, yes.

00:31:46She continued around the hotel.

00:31:48Yes.

00:31:49And on his return

00:31:50from Santa Isabella,

00:31:51you picked up Mr. Clermont

00:31:53at the Fulchester bus station.

00:31:54That's correct, sir.

00:31:55He'd been observed

00:31:56arriving by train in Fulchester

00:31:57from Fishguard.

00:31:58And you personally arrested him?

00:32:00Yes, sir.

00:32:00Yes.

00:32:01Did Mr. Clermont

00:32:02say anything

00:32:03at the time of his arrest?

00:32:04No, sir.

00:32:04He refused to make any statement

00:32:06and he's continued

00:32:07to refuse to do so.

00:32:08Yes.

00:32:08Thank you, Chief Superintendent.

00:32:12Chief Superintendent,

00:32:13these tape recordings

00:32:14of alleged telephone conversations

00:32:16which you maintain

00:32:17were so significant,

00:32:19they appear to give

00:32:19the minimum of information,

00:32:21do they not?

00:32:22They gave sufficient, sir.

00:32:23But not apparently enough

00:32:24to enable you to call

00:32:25on Mr. Clermont

00:32:26before he disappeared.

00:32:29Santa Isabella

00:32:29is not mentioned

00:32:30in these recordings,

00:32:31is it?

00:32:31No, sir,

00:32:32not by name.

00:32:33So you didn't know

00:32:33where Mr. Clermont

00:32:34was going?

00:32:35We had other information.

00:32:38Yes, you do seem

00:32:39to have a lot of

00:32:40mysterious sources

00:32:41of information,

00:32:42Chief Superintendent.

00:32:43It's the nature

00:32:44of the job, sir.

00:32:45Yes, I'm sure it is.

00:32:47Now, this man,

00:32:47Hendrik du Plessis,

00:32:48whom you identified

00:32:49on the recording,

00:32:50where is he now?

00:32:52Dead.

00:32:52He was one of those

00:32:53killed on the beach

00:32:54at Santa Isabella.

00:32:55So he cannot appear

00:32:56in this court

00:32:57and confirm or deny

00:32:58that it was his voice?

00:33:00Obviously not, sir.

00:33:01So how can we be sure

00:33:02it was him?

00:33:03Well, as I told you,

00:33:04I followed Clermont

00:33:05to Amsterdam

00:33:05and I saw him meet

00:33:07Hans Schneider

00:33:07and Du Plessis.

00:33:09And I was also

00:33:10close enough

00:33:10to be able to overhear

00:33:11the sound of their voices.

00:33:13What did they talk about?

00:33:14Old times, mostly.

00:33:16Nothing sinister?

00:33:17Not when they were

00:33:18sitting down in the cafe,

00:33:19no.

00:33:20But then they started walking.

00:33:21Then they were out of earshot,

00:33:23so presumably

00:33:23they could still

00:33:24have been talking

00:33:24about old times.

00:33:26And you say

00:33:27you were subsequently

00:33:27able to recognise

00:33:28Du Plessis' voice

00:33:29from having listened to him

00:33:30take part in what,

00:33:31a 20, 30, 40 minute conversation?

00:33:3463 minutes,

00:33:35to be precise, sir.

00:33:36You've no proof

00:33:37that the voice

00:33:38on that recording

00:33:39is that of Hendrik Du Plessis.

00:33:40Now have you,

00:33:40Chief Superintendent?

00:33:41I'm quite satisfied

00:33:42that it was so.

00:33:43Well, your satisfaction

00:33:44alone is not sufficient.

00:33:47Now tell me,

00:33:48Chief Superintendent,

00:33:48don't you find

00:33:49these recordings

00:33:50somewhat curious?

00:33:51In what way, sir?

00:33:53Well, here we have,

00:33:53according to your tape,

00:33:54two conspirators

00:33:55contemplating armed revolt.

00:33:57They discuss it

00:33:58over the phone.

00:33:59I can only assume

00:34:00they were not aware

00:34:01that their phone

00:34:01had been tapped, sir.

00:34:02Yes.

00:34:03Bugged is the word

00:34:04his lordship used.

00:34:05Do you expect the jury

00:34:06to believe that

00:34:07in this day and age,

00:34:08two experienced

00:34:09mercenary leaders

00:34:10like Clement Du Plessis

00:34:11had never heard

00:34:12of phone bugging?

00:34:14Nevertheless,

00:34:14they talked over the phone

00:34:16as they did, sir.

00:34:17You heard them.

00:34:18Oh, yes, I heard them.

00:34:19But I don't believe it.

00:34:21You were present

00:34:23when these conversations

00:34:24were recorded,

00:34:25were you?

00:34:26Yes, sir.

00:34:27The tape remained

00:34:27in your possession?

00:34:28Oh, yes, sir.

00:34:29All the time?

00:34:30Yes, sir.

00:34:31But you carried it

00:34:32around with you,

00:34:32did you?

00:34:33Uh, no, sir.

00:34:35I locked it away

00:34:35in my office safe.

00:34:37So the tape

00:34:37did not remain

00:34:38in your possession

00:34:38all the time?

00:34:40Not in that sense,

00:34:42no, sir.

00:34:42And quite clearly,

00:34:43you cannot give

00:34:44any absolute guarantee

00:34:45that this tape

00:34:46has not been tampered with.

00:34:48Now, Chief Superintendent,

00:35:07you told my learned friend

00:35:08that the Clemmons' marriage

00:35:09appeared happy.

00:35:10Yes, sir.

00:35:11How did you know?

00:35:12From the observation

00:35:13of my officers.

00:35:14Did you have one of them

00:35:15secreted in their bedroom?

00:35:16No, sir.

00:35:17Perhaps you had

00:35:18their bedroom bugged?

00:35:19Uh, no, sir.

00:35:20So on what

00:35:21do you base

00:35:21your conclusions?

00:35:23They always appear

00:35:24to be on good terms.

00:35:25You mean they didn't

00:35:26fight in public

00:35:27before the hotel guests?

00:35:28I mean they seemed friendly.

00:35:30In fact,

00:35:30you have no positive proof

00:35:32for the real state

00:35:33of the Clemmons' marriage,

00:35:34have you?

00:35:34Apart from...

00:35:35Oh, please answer

00:35:36yes or no.

00:35:37No, sir.

00:35:39Thank you,

00:35:40Chief Superintendent.

00:35:41Now,

00:35:42Chief Superintendent Lane,

00:35:44to your knowledge,

00:35:45was that tape altered

00:35:47or tampered with

00:35:48in any way?

00:35:49No, sir.

00:35:50And I should like

00:35:51to point out

00:35:52that my office safe

00:35:53is connected

00:35:53by a security device

00:35:55to the main switchboard

00:35:56at the police station.

00:35:57Which is constantly manned?

00:35:58Yes, sir.

00:35:59Yes, thank you.

00:36:00Now,

00:36:01the hotel

00:36:01Mr and Mrs Claymore ran,

00:36:03in whose name was it?

00:36:04In both names, sir.

00:36:05It was jointly owned.

00:36:06Yes.

00:36:07And over these four years,

00:36:08you and your officers

00:36:09were able to observe them

00:36:11on many occasions?

00:36:11Oh, yes, sir.

00:36:12Now,

00:36:13to your knowledge,

00:36:13did Mr and Mrs Claymore

00:36:15ever act

00:36:16as if there were anything

00:36:17other than a normal,

00:36:19happily married couple?

00:36:21No, sir.

00:36:22Thank you,

00:36:23Chief Superintendent.

00:36:24That concludes the evidence

00:36:25for the prosecution,

00:36:26my lord.

00:36:27You are Arnold Parker

00:36:29of Grange Farm,

00:36:30Dilford,

00:36:31near Fultestown.

00:36:32I am.

00:36:32You have an honours degree

00:36:34in electronics

00:36:35from Cambridge University.

00:36:36Yes.

00:36:37You are a lecturer

00:36:38in audio engineering

00:36:39at Stonebridge University.

00:36:41Yes.

00:36:41And you are author

00:36:42of two books

00:36:42on what I believe

00:36:43is called

00:36:44electronic surveillance.

00:36:46Bugging,

00:36:46yes,

00:36:47that's right.

00:36:48Now,

00:36:48Mr Parker,

00:36:48have you had an opportunity

00:36:49of studying this tape

00:36:51held by special branch

00:36:53and used in evidence

00:36:53in this case?

00:36:54Yes,

00:36:55I've studied it.

00:36:55I prefer in particular

00:36:56to alleged telephone conversations

00:36:58between the defendant

00:36:59and a man allegedly

00:37:01called Hendrik du Plessis.

00:37:03Yes.

00:37:04Now,

00:37:04in your opinion,

00:37:05are these recordings

00:37:06authentic?

00:37:07It depends on what

00:37:08you mean by authentic.

00:37:10Well,

00:37:10firstly,

00:37:11are the voices

00:37:11those of the defendant

00:37:13and Mr Du Plessis?

00:37:14The defendant's voice

00:37:15is there.

00:37:16As for the other,

00:37:17it's not quite that simple.

00:37:19What do you mean,

00:37:20Mr Parker?

00:37:21May I demonstrate,

00:37:22my lord?

00:37:23More electronics,

00:37:24Mr Lottamy.

00:37:24I'm afraid so,

00:37:25my lord.

00:37:27Very well,

00:37:27Mr Parker,

00:37:28proceed.

00:37:30I have a copy

00:37:31of the first telephone recording.

00:37:33Now,

00:37:33if you'll remember,

00:37:34the conversation began

00:37:35with Mr Clément answering the phone,

00:37:38a voice identifying itself

00:37:39as Hendrik.

00:37:41Take it from there,

00:37:41please.

00:37:43Place good notably more,

00:37:45side note.

00:37:46Yes,

00:37:46about 12 miles away.

00:37:48You saw him.

00:37:51Notice the slight change

00:37:52in the background noise level

00:37:54between the last two sentences.

00:37:56No.

00:37:57No,

00:37:57to be frank,

00:37:57Mr Parker,

00:37:58no,

00:37:58I didn't.

00:37:59Try and listen for it.

00:38:01Go back.

00:38:02I'll keep that last one.

00:38:03Place good notably more,

00:38:07side note.

00:38:08Yes,

00:38:08about 12 miles away.

00:38:10You saw him.

00:38:13Well,

00:38:13what is your explanation?

00:38:15I think that is where

00:38:16a new tape was spliced on

00:38:18and re-recorded.

00:38:19In your opinion,

00:38:20is the phrase,

00:38:21you saw him,

00:38:22said in Mr Clément's voice?

00:38:24Oh,

00:38:24yes,

00:38:24but it comes from

00:38:25a different telephone conversation

00:38:26and was joined on

00:38:28to make it appear

00:38:28that this is all one conversation.

00:38:30A lot of Mr Clément's

00:38:31other remarks

00:38:32have been taken out of context

00:38:33and re-recorded.

00:38:34For example,

00:38:35roll on from there,

00:38:36please.

00:38:37You guaranteed our supplies?

00:38:38Yes.

00:38:39All of them?

00:38:41I should imagine

00:38:42that was probably taken

00:38:43from a telephone conversation

00:38:44Mr Clément had

00:38:45with his brewers.

00:38:48What about,

00:38:48what about the mention

00:38:49of the weapons?

00:38:51Oh,

00:38:51from the words

00:38:52rocket launchers,

00:38:53please.

00:38:57Rocket launchers,

00:38:58mortars.

00:38:58Merde.

00:38:59He can do armor lights.

00:39:01Good.

00:39:01Why not the rest?

00:39:05You'll notice that

00:39:06Clément never mentions

00:39:07any weapon by name.

00:39:09It's always the other man

00:39:10who does that.

00:39:11Clément's words

00:39:12could have been taken

00:39:13from almost any telephone

00:39:14conversation he'd made.

00:39:16Now,

00:39:16is the other voice

00:39:17that of Hendrik du Plessis?

00:39:19That I don't know.

00:39:21I don't see how anyone can tell.

00:39:22As I understand it,

00:39:23he's dead.

00:39:24I'm afraid I don't follow you,

00:39:25Mr Parkham.

00:39:26Well,

00:39:26my lord,

00:39:26perhaps it'd be simple

00:39:27if I explained

00:39:28how I could reproduce

00:39:28this telephone conversation

00:39:30from a number

00:39:30of taped conversations.

00:39:31I understand the process

00:39:32of taking snippets

00:39:34of conversation,

00:39:34but what about

00:39:35Mr Du Plessis' questions?

00:39:37That's no problem,

00:39:38my lord.

00:39:38All you need is someone

00:39:39to imitate Du Plessis' voice,

00:39:41which you then record.

00:39:42If I understand you correctly,

00:39:43you take these bits

00:39:45of pieces of conversation,

00:39:46you put them together

00:39:47on a new tape,

00:39:48as if the whole thing

00:39:49was happening

00:39:50in one moment of time.

00:39:51Correct,

00:39:51my lord.

00:39:52Well,

00:39:52can you prove it?

00:39:54No,

00:39:54my lord.

00:39:55At least,

00:39:55not in any absolute sense.

00:39:57The only real

00:39:57and final proof

00:39:58is to find

00:39:58the patched master tape,

00:40:00which I should imagine

00:40:01would have been destroyed

00:40:01just as soon

00:40:02as it had been re-recorded.

00:40:04Nonetheless,

00:40:05Mr Parker,

00:40:06you were able to tell

00:40:07that these conversations

00:40:08had been doctored,

00:40:10shall we say?

00:40:11Yes,

00:40:11the basic giveaway

00:40:12is in the fluctuations

00:40:13of the background noise level

00:40:15of the recording.

00:40:15And you found

00:40:16such changes

00:40:17in these recordings?

00:40:18I did.

00:40:19Thank you,

00:40:20Mr Parker.

00:40:22Now,

00:40:23Mr Parker,

00:40:23you say that

00:40:24fluctuations

00:40:26in the background noise level

00:40:28was the giveaway.

00:40:29Yes.

00:40:30Yes.

00:40:31Now,

00:40:31it is true,

00:40:32is it not,

00:40:32that many factors

00:40:33can affect

00:40:34the background noise level

00:40:35of a recording.

00:40:37Yes,

00:40:37indeed.

00:40:38Yes,

00:40:38accidental factors,

00:40:39quite innocent factors.

00:40:41Yes.

00:40:42Not the least of which

00:40:43being simple mechanical fault.

00:40:45Yes,

00:40:46but with one proviso.

00:40:47What's that?

00:40:49One would not expect

00:40:50a fault to occur

00:40:51just at the point

00:40:51where arms are mentioned

00:40:53and then write itself

00:40:54immediately after.

00:40:56But it could happen.

00:40:58Pigs could fly.

00:41:00Yes,

00:41:01and talking of things

00:41:02agricultural,

00:41:03Mr Parker,

00:41:04your address

00:41:05is Grange Farm,

00:41:06is it not?

00:41:07It is.

00:41:08Grange Farm

00:41:09is a commune,

00:41:09is it not?

00:41:10Yes.

00:41:11An anarchist commune?

00:41:13We don't believe

00:41:14in labels.

00:41:15No,

00:41:15I'm sure you don't,

00:41:16Mr Parker.

00:41:18Now this is the second time,

00:41:19is it not,

00:41:19that you've given evidence

00:41:21against the police

00:41:22about alleged bugging activities.

00:41:24My lord,

00:41:24what Mr Parker has done

00:41:25on other occasions

00:41:26in other courts

00:41:27can in no way

00:41:27affect his performance

00:41:28in this.

00:41:29I can't answer on that,

00:41:30Mr Lottwey.

00:41:31I'm not clear

00:41:31on your line of defence.

00:41:33Are you disputing

00:41:34that Mr Clement

00:41:35was involved

00:41:35in this uprising?

00:41:37Certainly, my lord.

00:41:37The prosecution

00:41:38has brought forward

00:41:39no proof whatsoever.

00:41:39You're wasting time.

00:41:40Mr Clement.

00:41:42Lawyers confuse everything.

00:41:44I'm an honourable man,

00:41:45a soldier.

00:41:46I led the landing

00:41:47on Santa Isabella.

00:41:48I do not deny it.

00:41:49Look, Mr Clement,

00:41:49you must not interrupt.

00:41:50I tell the truth,

00:41:51I was there.

00:41:52I was a soldier fighting

00:41:53for a cause I believe

00:41:54to be right.

00:41:55Mr Clement,

00:41:56I must advise you...

00:41:56I have spoken.

00:41:59Mr Lottwey,

00:42:00would you like a brief

00:42:01adjournment

00:42:02to consult with your client?

00:42:03I do not need lawyers

00:42:05to tell me

00:42:05it is more prudent

00:42:06to lie than to tell the truth.

00:42:08I know that.

00:42:09But I am not a prudent man

00:42:11nor am I ashamed.

00:42:13Under the circumstances,

00:42:15my lord,

00:42:15I think any such conference

00:42:16would be fruitless.

00:42:18Yes.

00:42:19Have you any further questions,

00:42:20Mr Parsons?

00:42:21No, my lord.

00:42:22I've no re-examination, my lord.

00:42:24Right.

00:42:24You may go, Mr Parker.

00:42:25I call the defendant,

00:42:27Georges Clement.

00:42:44What is your religion?

00:42:46Protestant.

00:42:47Take the book in your right hand

00:42:48and read aloud

00:42:48the words on the card.

00:42:50I swear by almighty God

00:42:52that the evidence I shall give

00:42:53shall be the truth,

00:42:54the whole truth,

00:42:55and nothing but the truth.

00:42:56You are Georges Albert Clement?

00:42:58Yes, sir.

00:42:59Your present address

00:43:00is Bentham Prison, Fulchester?

00:43:01Yes, sir.

00:43:02Are you at present

00:43:03married to Margaret Patterson?

00:43:05She has started

00:43:06divorce proceedings.

00:43:08Detective Chief Superintendent Lane

00:43:09has said

00:43:10that you are joint owner

00:43:12of the Highmore Hotel

00:43:12with your wife.

00:43:13Is that true?

00:43:14No.

00:43:14I made over my share

00:43:16of the hotel to Margaret.

00:43:17That is why

00:43:17I came back to Fulchester.

00:43:19Is Margaret Patterson

00:43:19your first wife?

00:43:20No, my second.

00:43:22My first wife died in the Congo.

00:43:25Until you came to this country

00:43:26five years ago,

00:43:27you were the owner

00:43:27of a plantation in the Congo,

00:43:29were you not?

00:43:30Yes.

00:43:30Now, what happened

00:43:31to this plantation?

00:43:33They destroyed it.

00:43:33Who?

00:43:35Congo Army deserters,

00:43:37gendarmes, guerrillas,

00:43:38who knows?

00:43:40I doubt if they knew themselves.

00:43:42Some had uniforms,

00:43:44some had not,

00:43:45but all were armed.

00:43:47They came one morning,

00:43:49early,

00:43:50150, 200 of them.

00:43:53It was a massacre.

00:43:55They killed my Africans,

00:43:57my dogs,

00:43:57they burned my house,

00:43:58my crops.

00:44:00What happened to your wife?

00:44:02They raped her

00:44:02and killed her.

00:44:04You carry a scar

00:44:06on your face.

00:44:06Is that a memento

00:44:07of when your wife was murdered?

00:44:09One of the blacks

00:44:10had a panga,

00:44:12a big knife.

00:44:14He meant to cut off

00:44:14my head,

00:44:15he missed.

00:44:16He was drunk

00:44:17on my whiskey.

00:44:19They were mad,

00:44:20quite mad,

00:44:20savages.

00:44:22They leave me for dead

00:44:23with my wife's head

00:44:24beside me.

00:44:26The natives believe

00:44:27there is great power

00:44:29in their head.

00:44:30You lost everything

00:44:32in this raid.

00:44:33I lost my plantation.

00:44:35Over 20 years' work.

00:44:37In two hours,

00:44:39it was all gone.

00:44:41It was still burning

00:44:42two days later.

00:44:43All gone.

00:44:44So you decided

00:44:45to fight back

00:44:46to become a leader

00:44:47of mercenaries.

00:44:48They had to be stopped.

00:44:50Black savages

00:44:51destroying everything.

00:44:53Over 20 years' work,

00:44:54my life,

00:44:55all gone.

00:44:55Mr. Chase

00:44:56has given his version

00:44:58of events at Juba

00:44:59during the Congo War.

00:45:00He didn't understand

00:45:01Africa.

00:45:02How could he

00:45:03after only two weeks?

00:45:06You must know

00:45:06the circumstances.

00:45:09The Congo

00:45:10was in a state

00:45:11of anarchy.

00:45:13Private armies,

00:45:14public armies,

00:45:15guerrilas.

00:45:16We took Juba

00:45:18about 8 o'clock

00:45:19in the morning.

00:45:21It had been abandoned

00:45:22by Congolese troops.

00:45:24The villagers

00:45:24welcomed us.

00:45:2620 of my men

00:45:27went into a bar.

00:45:28A bomb went off.

00:45:2917 of them

00:45:30were killed.

00:45:32Someone had placed

00:45:33a bomb.

00:45:33Others must have

00:45:34known it was there.

00:45:36I took 17 Africans

00:45:37who I felt sure

00:45:39were responsible.

00:45:40If they didn't

00:45:41place the bomb

00:45:41themselves,

00:45:42they must have

00:45:43known who had.

00:45:44They refused

00:45:44to tell the truth.

00:45:45I had them shot.

00:45:46That is all.

00:45:47So it was just

00:45:47the 17 who died?

00:45:49Africans only

00:45:50understand strength.

00:45:51You're wasting

00:45:52your time

00:45:52being magnanimous

00:45:53with blacks.

00:45:56Your second

00:45:57marriage,

00:45:58how did your

00:45:59second marriage

00:45:59to Margaret Patterson

00:46:00work out?

00:46:01Good at first,

00:46:03then not so good.

00:46:04Marriage began

00:46:05to break up?

00:46:06Yes.

00:46:07And why was that?

00:46:09I'm not a

00:46:09hotelier.

00:46:11I'm a planter.

00:46:12What should I know

00:46:13about running hotels?

00:46:14Did you ever think

00:46:15of returning

00:46:16to Africa?

00:46:17How could I?

00:46:18I was too well

00:46:19known.

00:46:20No black state

00:46:21would have me.

00:46:22It would be

00:46:23difficult for me

00:46:24even in South

00:46:25Africa.

00:46:26How did you

00:46:26become involved

00:46:27in the Santa

00:46:28Isabella affair?

00:46:30I had read

00:46:30about the

00:46:31independence.

00:46:33I knew there

00:46:33were planters,

00:46:35businessmen,

00:46:35white men,

00:46:36who were worried

00:46:37about what would

00:46:37happen.

00:46:38You feared it

00:46:38would be the

00:46:39Congo all over

00:46:40again?

00:46:40Of course.

00:46:42The only hope

00:46:42is to stand

00:46:43firm.

00:46:43You sympathize

00:46:45with the views

00:46:45of the white

00:46:46population of

00:46:47Santa Isabella.

00:46:48When you have

00:46:49given years of

00:46:50your life building

00:46:51up something,

00:46:52it is yours.

00:46:53No one has a

00:46:54right to take it

00:46:55away from you.

00:46:56What have the

00:46:57blacks done

00:46:57everywhere in the

00:46:58world where they

00:46:59have taken over?

00:47:00They have taken

00:47:01what people like

00:47:02me have built.

00:47:03So what did you

00:47:04decide to do?

00:47:06I left England

00:47:07and went to

00:47:07Amsterdam where I

00:47:08offered my

00:47:09services.

00:47:09So you didn't

00:47:10start discussing

00:47:11the rebellion

00:47:12until after you

00:47:13finally left the

00:47:14country?

00:47:14No.

00:47:16Chief Superintendent

00:47:17Lane has

00:47:17produced recordings

00:47:18of telephone

00:47:19conversations you

00:47:20were alleged to

00:47:21have had with

00:47:21Hendrik Du Plessis.

00:47:22Do you remember

00:47:23these conversations?

00:47:25I do, exactly.

00:47:26Do these recordings

00:47:27accord with your

00:47:28recollection?

00:47:28No, they do not.

00:47:30In what way are

00:47:30they different?

00:47:32Names have been

00:47:32added, places...

00:47:33You are of the

00:47:34opinion that these

00:47:35recordings have been

00:47:36tampered with?

00:47:37Of the opinion?

00:47:40We are not fools

00:47:41and amateurs.

00:47:43You think we

00:47:44would name names

00:47:44give details of

00:47:46arms where anyone

00:47:46could have been

00:47:47listening?

00:47:47Ha ha ha ha ha ha.

00:47:51Ha ha ha ha ha ha ha.

00:48:07The case of the

00:48:12Queen against Clément

00:48:13will be resumed

00:48:14tomorrow in the

00:48:15Crown Court.

00:48:16The charge is treason.

00:48:36The defendant,

00:48:37Georges Clément,

00:48:38ex-Belgian planter,

00:48:39ex-Congo mercenary.

00:48:41He is on trial today

00:48:42at Fullchester Crown

00:48:43Court for leading

00:48:44an armed revolt on

00:48:45the Caribbean

00:48:46island of Santa

00:48:47Isabella when it

00:48:48was still part of

00:48:49Her Majesty's

00:48:50overseas territories.

00:48:51Twenty-five people

00:48:52died.

00:48:59Mr. Clément,

00:49:00you have admitted

00:49:00you led the landing

00:49:01at Santa Isabella.

00:49:03Yes.

00:49:04How many men

00:49:04did you have under

00:49:05your command?

00:49:06Thirty.

00:49:07How did you come

00:49:07ashore?

00:49:08In two launches.

00:49:10Myself and Schneider

00:49:11and nine men

00:49:11were in the first

00:49:12launch.

00:49:12Henri de Plessis

00:49:14was in command

00:49:15of the second launch.

00:49:16What happened

00:49:16when you landed?

00:49:18They were waiting

00:49:18for us.

00:49:19I don't know

00:49:20how they knew.

00:49:22Perhaps Simon Chase

00:49:23had told them

00:49:24I don't know.

00:49:25Can you remember

00:49:26the precise order

00:49:27of events

00:49:27on the beach?

00:49:29It was time to be

00:49:29precise when the

00:49:30shooting starts.

00:49:31Try.

00:49:33Well, a couple

00:49:33of flares went up.

00:49:35We were caught.

00:49:36Half of us stood

00:49:36in the water,

00:49:37half on the beach.

00:49:39And someone

00:49:39started shooting.

00:49:40Who?

00:49:41How should I know?

00:49:42Someone on the

00:49:43other side.

00:49:43They definitely

00:49:44fired first?

00:49:45Yes.

00:49:46I saw Henri de Plessis

00:49:47and Pierre Vienne

00:49:48go down almost

00:49:48immediately.

00:49:50I'd known Pierre

00:49:51for nearly 20 years.

00:49:53He owned a store

00:49:54about 15 miles

00:49:55from my plantation.

00:49:56They did not

00:49:57have a chance.

00:49:58Do you remember

00:49:58anyone calling

00:49:59upon you to surrender?

00:50:00No.

00:50:01The shooting started

00:50:02as soon as

00:50:02the flares went up.

00:50:04And you managed

00:50:04to escape?

00:50:05Yes, myself

00:50:06and two others.

00:50:06You made your way

00:50:07to England?

00:50:08Yes.

00:50:09Why?

00:50:09Where else

00:50:11could I get

00:50:11any money?

00:50:12You hoped to

00:50:12obtain this money

00:50:13from your wife?

00:50:14Of course.

00:50:15Is that the only

00:50:16reason you came back?

00:50:18Yes.

00:50:19My marriage

00:50:20was at an end

00:50:21but I had to

00:50:21have money.

00:50:23Who else

00:50:24could I turn to?

00:50:25Believe me,

00:50:26penniless mercenaries

00:50:27are not popular

00:50:28anywhere.

00:50:29And did you get

00:50:29any money

00:50:30from your wife?

00:50:31No.

00:50:31I did not

00:50:32have the chance.

00:50:33What was your plan

00:50:34if you had obtained

00:50:34this money?

00:50:36To get to Belgium

00:50:37or Germany

00:50:37and then who knows?

00:50:39I was finished.

00:50:40What have I done?

00:50:42Yes.

00:50:43Thank you,

00:50:44Mr. Claremont.

00:50:46Now,

00:50:47Mr. Claremont,

00:50:47do you know

00:50:48what proof is?

00:50:49Yes.

00:50:50Then what proof

00:50:51can you offer us

00:50:52apart from your own

00:50:53unsubstantiated testimony

00:50:55that the story of yours

00:50:56of the loss

00:50:57of your plantation

00:50:58during the Congo

00:50:59uprising is true?

00:51:01This?

00:51:02Well,

00:51:02that's not proof,

00:51:03Mr. Claremont.

00:51:04That's window dressing

00:51:05designed to justify

00:51:06the bloody massacre

00:51:08that Mr. Chase witnessed.

00:51:10No.

00:51:11My wife was killed

00:51:12by these savages.

00:51:13My plantation

00:51:14was destroyed.

00:51:15Now, Mr. Claremont,

00:51:16do you know

00:51:16what allegiance is?

00:51:18I'm not a lawyer.

00:51:19His lordship explained

00:51:20the concept

00:51:21of allegiance yesterday.

00:51:23I do not remember

00:51:24his exact words.

00:51:26They're surprising

00:51:27for someone

00:51:27who claims

00:51:28to remember in detail

00:51:29a telephone conversation

00:51:31of some months ago.

00:51:33What is surprising

00:51:34about that?

00:51:35A telephone conversation

00:51:37I can understand.

00:51:38Legal language

00:51:38I cannot.

00:51:40And yet your defence

00:51:40is aimed at persuading

00:51:41the jury

00:51:42that you do not owe

00:51:43allegiance to the British Crown.

00:51:45I am not conducting

00:51:46my defence,

00:51:48Mr. Lotteby,

00:51:48is ask him.

00:51:49Well, there's no need

00:51:50for that,

00:51:51Mr. Claremont.

00:51:51The law is quite clear

00:51:53on that point.

00:51:54As an alien,

00:51:55you are held to owe

00:51:55allegiance to the Crown

00:51:57if your wife

00:51:58and property

00:51:59are under the protection

00:52:00of the Crown.

00:52:01I gave up my share

00:52:03of the property

00:52:03before I went

00:52:04to Honduras.

00:52:06My marriage is over,

00:52:07my wife is divorcing me.

00:52:08Ah, yes,

00:52:09the famous divorce.

00:52:11When was it filed?

00:52:13What?

00:52:14On what date

00:52:15was your divorce filed?

00:52:17I don't know.

00:52:18Well,

00:52:18then let me enlighten you.

00:52:20Your wife filed

00:52:22the divorce

00:52:22on the day after

00:52:24you were arrested

00:52:25by the special branch.

00:52:27What does the date matter?

00:52:28What a great deal,

00:52:29Mr. Claremont.

00:52:31If the divorce

00:52:31had been filed

00:52:32before you returned

00:52:33to Fultester

00:52:34while you were in Honduras,

00:52:35as you suggest,

00:52:36then one might be prepared

00:52:38to accept

00:52:39that the marriage

00:52:39had already broken up.

00:52:41The jury might be prepared

00:52:42to believe

00:52:43that under those circumstances

00:52:44you did not

00:52:45owe allegiance.

00:52:47But to file the divorce

00:52:48the day after

00:52:49your arrest...

00:52:51My wife did not know

00:52:52where I was.

00:52:54Well,

00:52:54any solicitor

00:52:55would have told her

00:52:55that you don't need

00:52:56to know

00:52:56your husband's whereabouts

00:52:58in order to start

00:52:58divorce proceedings.

00:53:00Anyway,

00:53:01I see my learned friend

00:53:02is calling Mrs. Claremont

00:53:03as his next witness

00:53:04so I should be able

00:53:04to ask her personally.

00:53:06No!

00:53:07Leave my wife out of it.

00:53:08Well,

00:53:08you brought her into it,

00:53:09Mr. Claremont,

00:53:10not I!

00:53:11What sorrow twerking...

00:53:12Mr. Claremont,

00:53:13I will not have language

00:53:14like that used in this court.

00:53:15My lord,

00:53:15I wish to apologise.

00:53:16More to the point,

00:53:17Mr. Lotterby.

00:53:18Do you wish to re-examine,

00:53:20Mr. Claremont?

00:53:21No, my lord.

00:53:23You may leave

00:53:24the witness box,

00:53:24Mr. Claremont.

00:53:25I call

00:53:27Mrs. Margaret Claremont.

00:53:30Margaret Claremont, please.

00:53:41What is your religion?

00:53:42The Church of England.

00:53:43Take the book in your right hand

00:53:44and read aloud

00:53:45the words on the card.

00:53:46I swear by almighty God

00:53:47that the evidence

00:53:48I shall give

00:53:48shall be the truth,

00:53:49the whole truth,

00:53:50and nothing but the truth.

00:53:50You are Margaret Claremont,

00:53:53wife of the defendant?

00:53:54I am.

00:53:55You live at the Highmore Hotel

00:53:56near Fulchester?

00:53:57Yes.

00:53:58Your husband,

00:53:58Georges Claremont,

00:53:59has no financial interest

00:54:00in this hotel?

00:54:01None at all.

00:54:02When did you marry?

00:54:04In 1969.

00:54:05You met your husband

00:54:06in the Congo?

00:54:07Yes.

00:54:08We met first

00:54:09about 15 years ago.

00:54:10I was a nurse

00:54:11in a hospital

00:54:12in Leopoldville,

00:54:13as it then was.

00:54:13What was your impression

00:54:14of Georges Claremont

00:54:15at that time?

00:54:16Oh, he was a happy,

00:54:18extrovert sort of person.

00:54:19He had a big plantation

00:54:21up country.

00:54:21He was a successful planter?

00:54:23Oh, yes, very.

00:54:24He was married

00:54:25at that time, I believe.

00:54:26Yes.

00:54:27When did you see him again?

00:54:29In Europe.

00:54:30Yes.

00:54:31In 1969 in Brussels.

00:54:33How did you meet?

00:54:35Well, we were both

00:54:36staying at the same hotel.

00:54:37He came up

00:54:38and introduced himself.

00:54:40He introduced himself.

00:54:40Didn't you remember him

00:54:41from Leopoldville?

00:54:42No.

00:54:43He was so changed.

00:54:44I didn't recognise him at all.

00:54:45In what way

00:54:46was he changed?

00:54:47Well,

00:54:47it wasn't just

00:54:48that he was 15 years older

00:54:50or his face.

00:54:51The sky, you know?

00:54:52Yes.

00:54:53There was a big change in him.

00:54:54Oh, yes.

00:54:55You wouldn't have thought

00:54:55he was the same man.

00:54:57He was very quiet,

00:54:58not happy at all

00:54:59and bitter,

00:55:01terribly bitter.

00:55:02About what had happened

00:55:03to him in the Congo?

00:55:04Oh, yes.

00:55:04He just couldn't accept it.

00:55:06What couldn't he accept?

00:55:07What had happened?

00:55:08Why it had happened.

00:55:10He'd lost his plantation,

00:55:12his wife,

00:55:12and then when Shambi fled,

00:55:14his command.

00:55:15And he couldn't understand

00:55:16why people seemed

00:55:17to regard him

00:55:18as some kind of

00:55:18bloodthirsty monster

00:55:19just because he fought

00:55:20for Shambi.

00:55:21All he was trying to do

00:55:22was to get back his plantation.

00:55:24And you decided

00:55:25to get married?

00:55:26Yes.

00:55:26Why did you decide

00:55:27to settle in this country?

00:55:29Well, there weren't

00:55:29many other places

00:55:30we could go.

00:55:31There weren't many countries

00:55:32that were willing

00:55:33to have Georges Clément

00:55:34living there.

00:55:35You could have stayed

00:55:35in Belgium.

00:55:37Georges was born

00:55:37in the Belgian Congo.

00:55:39Belgium itself

00:55:40was a foreign country

00:55:41to him.

00:55:42So you came to England?

00:55:43Yes.

00:55:45I'd been left

00:55:45some money by an aunt

00:55:46and so I suggested

00:55:47we come over here

00:55:48and get a business.

00:55:49We bought the hotel.

00:55:50Were you happy?

00:55:51At first.

00:55:52At least I was,

00:55:53but Georges never

00:55:54seemed to be able

00:55:55to settle.

00:55:56He was restless?

00:55:57He couldn't shake

00:55:57himself free from the past.

00:55:59He was always brooding

00:56:00about it.

00:56:01Did this obsession

00:56:02with the past

00:56:02create difficulties

00:56:03with the marriage?

00:56:04It made him

00:56:05very difficult

00:56:06to live with.

00:56:07In what way?

00:56:08Well, sometimes

00:56:09he would just go off,

00:56:10disappear for days on end.

00:56:12Is this when he began

00:56:12to make these visits

00:56:14to Amsterdam?

00:56:15Yes, I think

00:56:15it must have been.

00:56:16Did he tell you

00:56:17whom he met

00:56:17on these occasions?

00:56:19Well, he said

00:56:19he'd seen some

00:56:20of his men,

00:56:21the men he'd

00:56:22fought with

00:56:23in the Congo.

00:56:24Schneider,

00:56:25Du Plessis,

00:56:25Vienne.

00:56:26But did he give you

00:56:27any indication

00:56:28as to the purpose

00:56:29of these meetings?

00:56:29He said they just

00:56:30used to talk

00:56:30about old times,

00:56:31but he always seemed

00:56:32moody-er

00:56:33when he came back

00:56:33from Amsterdam.

00:56:35Did you know

00:56:35whether they were

00:56:36planning the invasion

00:56:37of Santa Isabella?

00:56:38No.

00:56:39It would be true

00:56:40to say,

00:56:40would it not,

00:56:41Mrs. Clement,

00:56:41that until your husband

00:56:43left you,

00:56:43you had no idea

00:56:44what his plans were?

00:56:45That's right.

00:56:46When did he leave you?

00:56:48In January.

00:56:48He just packed up

00:56:49and went.

00:56:50Had the marriage

00:56:51finally broken down

00:56:52by that time?

00:56:53Yes.

00:56:54What arrangements

00:56:55did he make

00:56:56with you

00:56:56before he left?

00:56:57Financial arrangements?

00:56:58Yes.

00:56:59Well, before he left,

00:57:00he said that I was

00:57:01to have his share

00:57:02of the hotel.

00:57:04I was to be

00:57:04the sole owner.

00:57:06He signed

00:57:06a piece of paper

00:57:07giving me everything.

00:57:09Would you look

00:57:10at this paper?

00:57:14Is this the piece

00:57:15of paper he signed?

00:57:17Yes.

00:57:18Exhibit number four,

00:57:19my lord.

00:57:20So, at the time

00:57:21of his departure,

00:57:22he did not, in fact,

00:57:23have any property

00:57:23in this country?

00:57:25That's correct.

00:57:25And you have already

00:57:26told us that by that time

00:57:27your marriage

00:57:28had already broken down?

00:57:30Yes.

00:57:31Thank you,

00:57:32Mr. Clemore.

00:57:34Now, Mrs. Clemore,

00:57:35you have sworn

00:57:36to tell the truth.

00:57:38Yes.

00:57:38Do you understand,

00:57:39do you not,

00:57:40if you lied to this court,

00:57:41you could be found

00:57:42guilty of perjury?

00:57:43I know that.

00:57:44Yes, you see,

00:57:44I put it to you,

00:57:45Mrs. Clemore,

00:57:46that your evidence

00:57:46is a tissue of lies.

00:57:48No.

00:57:48I put it to you

00:57:49that you have one aim

00:57:50in view,

00:57:51to get the jury

00:57:52to find your husband

00:57:53not guilty.

00:57:54That's not true.

00:57:55Of course,

00:57:55I don't want him

00:57:56to go to jail,

00:57:56but I've told the truth.

00:57:58Well, let's examine

00:57:59that truth, shall we,

00:58:00Mrs. Clemore.

00:58:01Now, first of all,

00:58:02let's clear up

00:58:03this nonsense

00:58:03about the hotel.

00:58:05You've said in evidence

00:58:06on oath

00:58:06that your husband

00:58:07made the hotel over to you

00:58:09before he went off

00:58:10to Honduras.

00:58:11Yes.

00:58:11And that's a document

00:58:12you've just seen.

00:58:13Yes.

00:58:13Now, what date

00:58:14does that bear?

00:58:16It's not dated.

00:58:17Oh.

00:58:18So he could have

00:58:18drawn it up

00:58:19at any time,

00:58:19could he?

00:58:20He could have done,

00:58:21yes,

00:58:21but he did it

00:58:21before he left.

00:58:22It's rather cavalier

00:58:23a way, is it not,

00:58:24of dealing with

00:58:25what must be

00:58:25a valuable piece

00:58:26of property

00:58:27scrolling on a piece

00:58:28of paper.

00:58:29He's not a lawyer.

00:58:30Well, yet your husband

00:58:31gave us one of his reasons

00:58:32for returning to Foodster

00:58:33after the Santa Isabella

00:58:34incident,

00:58:35the fact that he wanted

00:58:36to complete the legal side

00:58:37of handing over

00:58:38the hotel.

00:58:39Up till that time

00:58:40there was only

00:58:40that piece of paper.

00:58:41Yes, which he could have

00:58:42drawn up at any time.

00:58:43Well, I'm sorry,

00:58:44but that's how it happened.

00:58:45George just wanted

00:58:46to make the whole thing legal.

00:58:47Well, his subsequent behavior

00:58:48would appear to belie that,

00:58:50Mrs. Clement.

00:58:51All the same,

00:58:52if your husband wished

00:58:52merely to tie up

00:58:53the legal side

00:58:54of handing over

00:58:54the property,

00:58:55he could have done so

00:58:56quite adequately

00:58:57by letter,

00:58:58thus avoiding

00:58:59the risk of arrest.

00:59:00All he had to do

00:59:01was contact as a visitor

00:59:02who would have drawn up

00:59:03the necessary deed.

00:59:04Well, he didn't do it

00:59:05like that.

00:59:06Well, evidently.

00:59:07But what I don't understand,

00:59:09Mrs. Clement,

00:59:09is why he should bother

00:59:11at all.

00:59:12What do you mean?

00:59:12Well, you yourself said,

00:59:14Mrs. Clement,

00:59:14that the marriage

00:59:15was in ruins

00:59:16long before

00:59:17he left you

00:59:18to take part

00:59:18in this tragic invasion.

00:59:20Yes.

00:59:20Why should he bother

00:59:21what happened to you?

00:59:23Well, it wasn't just me.

00:59:24There was Paul

00:59:25to think of.

00:59:25Paul?

00:59:26My son.

00:59:27Oh, yes.

00:59:28What nationality

00:59:29is your son?

00:59:30English, of course.

00:59:31Yes, yes.

00:59:33Now, in your evidence

00:59:33to my learned friend,

00:59:34you are not specific

00:59:35as to the reason

00:59:36for the breakdown

00:59:37of the marriage.

00:59:38Marriage is breakdown

00:59:39for all kinds of reasons.

00:59:40Yes.

00:59:40Now, the reasons you cited,

00:59:41if I may summarize them,

00:59:43would appear to include

00:59:44mysterious and unexplained

00:59:46disappearances,

00:59:48presumably to meet

00:59:48his ex-mercenary friends,

00:59:50and general moodiness.

00:59:54There were other reasons.

00:59:55Yes, well,

00:59:55there would have to be

00:59:56with purpose in Clermont.

00:59:58I mean, the reasons you cited

00:59:59hardly gave grounds for divorce.

01:00:01You try living with a man

01:00:02who's obsessed with the past.

01:00:03But you did mention

01:00:04that there were other reasons

01:00:06for the breakdown.

01:00:07What were they?

01:00:08Well,

01:00:10my lord,

01:00:11this is a very personal matter.

01:00:12Do I have to answer

01:00:13these questions?

01:00:14Yes, I'm afraid you do,

01:00:15Mrs. Clement.

01:00:15It's very embarrassing.

01:00:17Yes, it is.

01:00:18Now, what are the other reasons

01:00:20for the breakdown

01:00:21of the marriage?

01:00:22George was violent sometimes.

01:00:25Violent?

01:00:26He hit me on occasions.

01:00:27When?

01:00:28I didn't make a note

01:00:28of the exact dates.

01:00:29Well, what were the occasions

01:00:30when your husband struck you?

01:00:32Well,

01:00:34when he...

01:00:35when I complained

01:00:36about his trips.

01:00:37Yes, and were there

01:00:38any witnesses

01:00:38of these assaults?

01:00:40No.

01:00:40What?

01:00:41We didn't have rise in public.

01:00:42You can't afford to

01:00:43if you're running a hotel.

01:00:44No, did anyone ever comment

01:00:45about your bruises?

01:00:47No.

01:00:48Well, none of your customers?

01:00:49No.

01:00:50What, of your knowledge,

01:00:50did anyone ever notice

01:00:52these bruises?

01:00:52I don't know.

01:00:53Well, I mean,

01:00:54they did exist,

01:00:54I suppose,

01:00:55these bruises.

01:00:56I said they did.

01:00:58Did you, Mrs. Clement?

01:01:01Do you love your husband,

01:01:02Mrs. Clement?

01:01:03What?

01:01:04I said,

01:01:05do you still love

01:01:05your husband?

01:01:07I...

01:01:07I don't know.

01:01:08Well, either you do

01:01:09or you do not,

01:01:10Mrs. Clement.

01:01:10Well, I'm...

01:01:11I'm still fond of him,

01:01:12if that's what you mean.

01:01:13Besides,

01:01:14he's the father of my son.

01:01:15Well, you don't have

01:01:15to apologise for it,

01:01:17Mrs. Clement.

01:01:18I'm not.

01:01:19Now, I'd like to return

01:01:20for a moment

01:01:20to the question

01:01:21of the hotel,

01:01:22the High Moor,

01:01:23is it not?

01:01:24Yes.

01:01:24Now, how much

01:01:25did you pay for it?

01:01:2628,000 pounds.

01:01:27Yes, that was about 1970.

01:01:29Yes.

01:01:30Who provided the finance?

01:01:31We both did.

01:01:32Do you have a mortgage?

01:01:33Not a very large one.

01:01:34And how much money

01:01:34did you put down in cash?

01:01:3620,000 pounds.

01:01:37Of which,

01:01:38how much did you

01:01:38personally contribute?

01:01:39About 7,000.

01:01:41That was money,

01:01:41I think,

01:01:42you said you'd

01:01:42recently inherited.

01:01:43Yes.

01:01:44Yes.

01:01:44So your husband

01:01:45was able to contribute

01:01:46approximately

01:01:4713,000 pounds

01:01:49towards the hotel.

01:01:50Something like that.

01:01:51Yes.

01:01:51A very creditable effort

01:01:53for a man

01:01:53who was supposed

01:01:54to have lost

01:01:55his all in the Congo.

01:01:56I wouldn't know about that.

01:01:57No.

01:01:57Well, do you know

01:01:58where the money came from?

01:01:59No.

01:02:00You see,

01:02:00I'd put it to you,

01:02:00Mrs. Clement,

01:02:01that your evidence

01:02:02is a patchwork of lies

01:02:04designed to save

01:02:05your husband.

01:02:06What, in fact,

01:02:07happened was

01:02:07that his political

01:02:08involvement

01:02:09and his financial greed

01:02:10simultaneously inspired him

01:02:12to take off

01:02:13and leave the Shrefout

01:02:14and believing

01:02:15that he could return

01:02:16to his wife

01:02:16and his property

01:02:17secure from arrest

01:02:18because of his

01:02:19Belgian nationality.

01:02:21No.

01:02:22Now, when did you

01:02:23become aware

01:02:23that your husband

01:02:24was planning

01:02:25this Caribbean escapade?

01:02:28Well, I knew

01:02:28that something was

01:02:29in the air,

01:02:29but I never knew

01:02:30precisely what.

01:02:31It might have been

01:02:32just that he'd been

01:02:32planning to leave me.

01:02:34But he never told you.

01:02:35No.

01:02:36Well, perhaps he was

01:02:37too busy beating you up.

01:02:42Now, Mrs. Clement,

01:02:54did the special branch

01:02:55give you instructions

01:02:56in the event

01:02:56of your husband

01:02:57returning to this country

01:02:58as a fugitive

01:02:59after the Santa Isabella

01:03:00debacle?

01:03:01Yes, they asked me

01:03:02to telephone them

01:03:03if he got in touch

01:03:04with me.

01:03:05Yes, did you do so,

01:03:06Mrs. Clement?

01:03:06Oh, my lord,

01:03:07my lonely friend

01:03:07is inviting the witness

01:03:08to incriminate herself.

01:03:10My lord, I fail to see

01:03:11how whether such a phone

01:03:12call was made

01:03:13or not could possibly

01:03:14incriminate the witness.

01:03:15The witness could lay

01:03:16herself open to a charge

01:03:17of being an accessory

01:03:17after the fact.

01:03:18But all she has to do

01:03:19is answer yes or no.

01:03:21Either she made the phone

01:03:22call or she did not.

01:03:23No, I think Mr. Parsons'

01:03:24questions varied,

01:03:24Mr. Lottwee,

01:03:25but on the other hand,

01:03:25I do take your point.

01:03:26You may put your question,

01:03:28Mr. Parsons,

01:03:28but please bear in mind

01:03:29that the witness

01:03:30has the right

01:03:30to avoid self-incrimination.

01:03:32Yes, I understand, my lord.

01:03:34Now, Mrs. Clement,

01:03:35did you phone

01:03:36the special branch?

01:03:37No.

01:03:38But you knew

01:03:39what your husband had done.

01:03:40Well, if the papers

01:03:41were full of it,

01:03:41I could hardly miss knowing.

01:03:43So why didn't you telephone?

01:03:44Well, I didn't see

01:03:45why I should do

01:03:45the police's work for them.

01:03:47Besides, he's my husband.

01:03:49Well, for a marriage

01:03:50that has allegedly

01:03:50broken down, Mrs. Clement,

01:03:51you seem to have shown

01:03:52a great deal of concern

01:03:53for your husband.

01:03:55Mrs. Clement,

01:03:57had your marriage

01:03:58finally broken down

01:03:59by the time your husband

01:04:00left for Amsterdam?

01:04:01Yes.

01:04:01Are you at this moment

01:04:02petitioning for a divorce?

01:04:04I am.

01:04:04In the time you've been married,

01:04:05has your husband

01:04:06ever drawn up

01:04:07any legal document

01:04:08in which to settle

01:04:09a private matter

01:04:10between the two of you?

01:04:11No.

01:04:12In the time you've been married,

01:04:13has he ever shown

01:04:13any profound knowledge

01:04:14as to the workings

01:04:15of English law?

01:04:16None whatsoever.

01:04:19Were you at all surprised

01:04:20as to the casual way

01:04:21in which he handed over

01:04:22to you his share

01:04:23of the Highmore Hotel?

01:04:25Not at all.

01:04:26I'd have been surprised

01:04:26if he'd done it

01:04:27any other way.

01:04:28And you're certain

01:04:29that that document

01:04:29in which he handed

01:04:30everything over to you

01:04:31was written before

01:04:32he left you?

01:04:33Yes, I am.

01:04:33So effectively

01:04:34he had no business

01:04:35interests in this country,

01:04:37no property,

01:04:37no wife,

01:04:38nothing for him

01:04:39to leave

01:04:39under the protection

01:04:40of the Crown.

01:04:40No.

01:04:41He just cut himself

01:04:42off from me

01:04:43and from everything

01:04:44in this country.

01:04:45Thank you,

01:04:46Mrs Clermont.

01:04:47No further questions.

01:04:48You may stand down,

01:04:49Mrs Limb.

01:04:51That completes

01:04:51the case for the defence,

01:04:52my lord.

01:04:53Mr Parsons?

01:04:56May it please,

01:04:56your lordship.

01:04:57Members of the jury,

01:04:58for centuries,

01:04:59treason has been regarded

01:05:00as the gravest of crimes.

01:05:02Grave because

01:05:04it is a denial

01:05:05of the allegiance

01:05:06we all of us owe

01:05:07to our Crown

01:05:09and to our country.

01:05:10It is in fact

01:05:11a denial of the allegiance

01:05:12we owe to each other.

01:05:14Now let us be clear

01:05:15about the obvious facts

01:05:17first of all.

01:05:18Georges Clermont

01:05:18does not deny

01:05:19organising

01:05:20and leading

01:05:21an armed revolt

01:05:22on one of

01:05:23Her Majesty's territories.

01:05:24He did not so admit

01:05:25at the beginning

01:05:26of this trial

01:05:27that you yourselves

01:05:28all heard him

01:05:29mention to the jury

01:05:30admit so

01:05:31during a violent

01:05:32outburst

01:05:33on the second day

01:05:34of this trial.

01:05:36Now the defendant

01:05:37and his wife

01:05:37have played

01:05:38a brave charade

01:05:40You can join us again

01:05:41when our cameras return

01:05:42to bring you another case

01:05:44in the Crown Court.

01:05:46And that he

01:05:47had signed over

01:05:48the ownership

01:05:48of the hotel

01:05:49for her

01:05:50thus hoping to prove

01:05:52he did not

01:05:53owe an agent.

01:05:54Now the divorce

01:05:55was filed

01:05:56on the day

01:05:57after his arrest.

01:05:59The hotel

01:06:00was signed over

01:06:01on an undated

01:06:02scrap of paper.

01:06:06Now I am sure

01:06:07his lordship

01:06:08will direct you

01:06:08once again

01:06:09on the meaning

01:06:10of allegiance.

01:06:11I will not go over

01:06:12it in my speech.

01:06:13A great deal of time

01:06:14has been spent

01:06:15during this trial

01:06:16and talking about it

01:06:17perhaps to the extent

01:06:18that we have forgotten

01:06:19that 25 people

01:06:22were killed

01:06:22in Mr. Clermont's

01:06:24admitted revolt

01:06:25and 13 of them

01:06:27were British subjects

01:06:28protecting Crown property.

01:06:31It is sad

01:06:32when a human being

01:06:33admits to such a deed

01:06:35with pride.

01:06:37Mr. Clermont does so.

01:06:39And I put it to you

01:06:40members of the jury

01:06:40that when Mr. Clermont

01:06:42fled Santa Isabella

01:06:43early that morning

01:06:45he returned

01:06:45to his wife

01:06:46his child

01:06:47and his property

01:06:49hoping

01:06:50at that time

01:06:51that either

01:06:51no one would know

01:06:53of his participation

01:06:53in the revolt

01:06:54or that he was

01:06:55immune from arrest

01:06:57because of his

01:06:57Belgian nationality.

01:07:00Mr. Clermont

01:07:01was wrong

01:07:01on both counts

01:07:03and I put it to you

01:07:05members of the jury

01:07:05you have no option

01:07:06but to find him

01:07:08guilty.

01:07:10My lord

01:07:11members of the jury

01:07:12politics

01:07:13like drama

01:07:14demands a villain

01:07:15and if he doesn't

01:07:16exist naturally

01:07:17he has to be invented

01:07:18and Georges Clermont

01:07:19was a convenient

01:07:21political scapegoat.

01:07:23You've heard his

01:07:24evidence

01:07:24members of the jury

01:07:25is this man

01:07:26a deliberate

01:07:26traitor to the crown?

01:07:28Surely not.

01:07:29He's a bitter

01:07:30unhappy man

01:07:31who is exiled

01:07:32from his home

01:07:32Africa.

01:07:34Now he's the ideal

01:07:35tool for politicians

01:07:36a brave

01:07:37but basically

01:07:38simple man

01:07:39a man who isn't

01:07:40likely to ask

01:07:40any awkward questions

01:07:42but you must

01:07:43ladies and gentlemen

01:07:44and the question

01:07:45you must ask

01:07:45yourselves is simply

01:07:46whether Georges Clermont

01:07:48owed any allegiance

01:07:49to this country

01:07:49at all.

01:07:51Now we have heard

01:07:52certain tape recordings

01:07:54of alleged

01:07:55phone conversations

01:07:57that took place

01:07:58in this country

01:07:58and we've heard

01:08:00that the defendant

01:08:02appears to be

01:08:03plotting the rebellion

01:08:05but much doubt

01:08:07has been thrown

01:08:07on the authenticity

01:08:08of these recordings.

01:08:10It's obvious

01:08:11that the special branch

01:08:13wanted to make

01:08:13absolutely sure

01:08:14of a conviction

01:08:15and is it indeed

01:08:16likely

01:08:16that an experienced

01:08:18mercenary

01:08:19like Georges Clermont

01:08:20would plot

01:08:22armed revolt

01:08:23over the phone?

01:08:25I mean as he himself

01:08:26has said

01:08:26we are not fools

01:08:28and amateurs.

01:08:31Before setting out

01:08:32on this pathetic

01:08:33expedition

01:08:34Mr. Clermont

01:08:35made over to his wife

01:08:36his share of the hotel

01:08:37they jointly owned.

01:08:39Mrs. Clermont

01:08:40has said

01:08:40the marriage

01:08:41was finished

01:08:42before he left

01:08:43on his abortive expedition.

01:08:45therefore members

01:08:46of the jury

01:08:46Georges Clermont

01:08:48owed no allegiance

01:08:49to this country

01:08:50at the time

01:08:50of the insurrection

01:08:51and consequently

01:08:52you must find him

01:08:53not guilty.

01:09:00Members of the jury

01:09:01your verdict must

01:09:02by nature

01:09:03of the case

01:09:03for the defence

01:09:04turn on your

01:09:05interpretation

01:09:06on the question

01:09:07of allegiance.

01:09:09Protection and allegiance

01:09:11are reciprocal

01:09:11or as one judge

01:09:13said in olden days

01:09:14protection draws

01:09:15allegiance

01:09:16and allegiance

01:09:17draw protection.

01:09:19In other words

01:09:19if you or your family

01:09:20or your possessions

01:09:21lie within the protection

01:09:22of the realm

01:09:23then no matter

01:09:24whether you are a citizen

01:09:25of that realm or not

01:09:26you owe allegiance

01:09:27to that realm.

01:09:29Now if I could

01:09:29quote another legal authority

01:09:31if an alien

01:09:32live here

01:09:34and enjoy the benefit

01:09:35of the king's protection

01:09:36and committed treason

01:09:37he shall be judged

01:09:38as a traitor.

01:09:39Now whilst Clement

01:09:41was living in this country

01:09:42he clearly owed allegiance

01:09:43but the question is

01:09:44was he plotting

01:09:45this rebellion then?

01:09:47He says he was not

01:09:48because if he was

01:09:50he's clearly

01:09:51guilty of treason.

01:09:53He admits plotting

01:09:53this rebellion

01:09:54after he left this country

01:09:55but he says

01:09:56that he had no

01:09:57intention of returning

01:09:58that he had abandoned

01:10:00his possessions

01:10:00of his wife

01:10:01and that he had abandoned

01:10:03his wife and child.

01:10:06Well

01:10:06it's my duty

01:10:07to direct you

01:10:07members of the jury

01:10:08that if that story

01:10:09is true

01:10:10he is not guilty

01:10:12of treason

01:10:12but he did return

01:10:15to this country

01:10:15and you must ask

01:10:17yourselves why?

01:10:19You may think

01:10:20that his reason

01:10:21for returning

01:10:21cast some doubt

01:10:23upon his defence.

01:10:25He says he came back here

01:10:26because he needed money

01:10:28and he had nowhere else

01:10:29to go to get it.

01:10:32Now members of the jury

01:10:33in considering your verdict

01:10:34you mustn't be influenced

01:10:35by the severity

01:10:36of the sentence

01:10:37that I shall be forced

01:10:38to impose

01:10:38should you find

01:10:40the defendant guilty.

01:10:41It is for the judge

01:10:42to sentence

01:10:43it is for the jury

01:10:44to weigh the evidence

01:10:45and to arrive

01:10:47at a just verdict.

01:10:49Now will you retire

01:10:49and consider your verdict?

01:10:52All stand.

01:10:52The jury has been out

01:11:00for over three hours

01:11:01now.

01:11:03Members of the jury

01:11:04are you agreed

01:11:05on your verdict?

01:11:06Yes.

01:11:07Do you find the prisoner

01:11:08George Albert Clement

01:11:09guilty or not guilty

01:11:11of treason?

01:11:12Guilty.

01:11:13Is that the verdict

01:11:13of you all?

01:11:14Yes.

01:11:15George Albert Clement

01:11:20you have been found

01:11:21guilty of treason

01:11:22the gravest crime

01:11:24known to law.

01:11:25You knowingly

01:11:26and deliberately

01:11:27led an insurrection

01:11:28against Her Majesty

01:11:29the Queen

01:11:29and her duly elected ministers.

01:11:32You willingly caused

01:11:33the deaths

01:11:34of some 25 people

01:11:35at least 13 of whom

01:11:38were Her Majesty's subjects.

01:11:40The sentence

01:11:41of this court is

01:11:42that you shall be taken

01:11:43from here to a lawful prison

01:11:44and from thence

01:11:45to a place of execution

01:11:46where you shall be hanged

01:11:48by the neck

01:11:48until you are dead

01:11:49and that your body

01:11:51be afterwards buried

01:11:52in the precincts

01:11:53of the prison

01:11:54in which you shall

01:11:55have been confined

01:11:55before your execution

01:11:57and may the Lord

01:11:58have mercy on your soul.

01:12:13next week

01:12:20a chance for you

01:12:21to join another jury

01:12:22when our cameras return

01:12:23to the Crown Court.

01:12:24have mercy on your tema

01:12:29if you have Sith

01:12:29s

01:12:30have mercy on/.

01:12:33have mercy on your

01:12:34parents

01:12:37and may the other

01:12:39hard

01:12:40and may the other

01:12:40tougher

01:12:41refer

01:12:41to the Lord

01:12:42and let you

01:12:42find that

01:12:44you

01:12:44with a

01:12:45ằng

Crown Court - Treason (1973)

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