Crown Court - With Menaces (1974) - video Dailymotion

Jezza

Mohammad Aslam is accused of blackmail. Richard Wilson, Basil Henson and Wolfe Morris star. Apologies for the picture quality. Probably best to listen to this rather than watch it!

Transcript

00:00:00The New York Times

00:00:02The New York Times

00:00:18At nine o'clock on a June evening, Aga Ali, a Pakistani living in Forchester,

00:00:23walked into the central police station and confessed that he was an illegal immigrant.

00:00:27He claimed he was being blackmailed, and after investigation, the police arrested Mohammed Aslam,

00:00:32another local Pakistani, on this judge.

00:00:35He's pleaded not guilty. The case has created considerable interest, particularly along the local immigrant population of the town.

00:00:42Aslam, the accused blackmailer, is in the dark.

00:00:45Ali, who claims he was being blackmailed, is in the witness box.

00:00:48Believing in the true God above us, and that whatsoever I tell this court will be the truth.

00:00:54Yes.

00:00:55You are Aga Sipet Ali?

00:00:57I am.

00:00:58Yes.

00:00:59And...

00:01:00Silence!

00:01:01Silence.

00:01:02I wish to make it quite plain that I shall not tolerate any interruption.

00:01:06This is an English court of law, and if the gallery cannot keep silent, it'll be cleared.

00:01:11Yes, Mr. Gerding.

00:01:13Mr. Gerding.

00:01:14And where do you live?

00:01:15Six Abbey mansions.

00:01:16Mr. Ali, how long have you lived in Forchester?

00:01:19I arrived here in 1970.

00:01:21And before that?

00:01:22Before that I was in Kaipur, where I was born.

00:01:25Which is in Pakistan?

00:01:26Oh, yes.

00:01:27And how did you come to this country?

00:01:29By train across the Middle East and Europe to Holland, and then by a little boat to England.

00:01:34Little boat?

00:01:35Yes, that's what I said, little boat.

00:01:38And how did you arrange this journey?

00:01:41I went to Karachi and saw the agent of Silver Star Travel.

00:01:45And did this agent have offices?

00:01:47No.

00:01:48He worked from home?

00:01:49From his shop, actually.

00:01:51He was a kind of pawnbroker.

00:01:53Members of the jury, as I've already told you, Silver Star Travel is a company which is registered in England.

00:01:58Now, you will recall that I produced extracts from the registered company's house which showed that the accused don't all except two of this company's stores.

00:02:07Mr. Ali, were you aware at the time of the accused's involvement in this company?

00:02:12Hmm.

00:02:13Aslam.

00:02:14Aslam is a man who hides every possible connection.

00:02:16Just answer the question, please.

00:02:17Well, aye.

00:02:18I knew nothing of him then.

00:02:20What exactly was your agreement with the Silver Star Travel's agent?

00:02:24For 600 pounds they were to bring me from Kaipur to Fulchester over here, where I have some cousins.

00:02:30Was the money to be paid in advance?

00:02:32No.

00:02:33Half in advance, the other half within six months of arrival.

00:02:35And was this sum all inclusive?

00:02:37Oh, yes.

00:02:38Now, I wish the jury to be in absolutely no doubt on this point, Mr. Ali.

00:02:42The 600 pound was to include the entire journey, and every stage of it, between your hometown and this town.

00:02:48Correct.

00:02:49Now, on the long train journey between the Middle East and Europe, you went as an ordinary passenger.

00:02:54Oh, yes.

00:02:55There are no legal obstacles across Europe.

00:02:57Great Britain is the only country which has these...

00:02:59Yes.

00:03:00Well, never mind that now.

00:03:01Now, what happened when you got to Zunfurt?

00:03:03We were put into a hotel there.

00:03:05We?

00:03:06Yes.

00:03:07There were eight of us.

00:03:08We had all come together.

00:03:10A group of eight led presumably by you.

00:03:12Yes.

00:03:13Well, we waited in the hotel for five days.

00:03:16It was very cold.

00:03:18And then we were told that the next night at 11 o'clock we would meet a boat and that we were to go to a certain stretch of coast where...

00:03:24Mr. Ali, I must advise you that you have a privilege.

00:03:27And that is not to say anything by which you might incriminate yourself.

00:03:31Yes, but I am under oath to speak the truth.

00:03:33You are indeed.

00:03:34Thank you, my lord.

00:03:35Never less.

00:03:36It is a fact.

00:03:37I entered this country illegally.

00:03:38I do not wish to hide this fact.

00:03:40As you wish.

00:03:42Now, will you please describe the events on the night that you crossed from Zunfurt?

00:03:46Well, we were picked up from a lonely spot in the course by an English fishing boat and then we were taken across the North Sea and landed in Yorkshire.

00:03:54And the cost of this North Sea crossing was included in the £600?

00:03:59Yes.

00:04:00But the master of the boat wanted more money to be paid immediately or he would not take us to England at all.

00:04:05Now, at what point did this happen?

00:04:07When we met him, he said he had not been paid by Silver Star Travel and that unless each and every one of us gave him £150, he would not take us.

00:04:15Now, Mr. Ali, did you pay this £150?

00:04:18Certainly not. We gave him £40, not one penny more.

00:04:21Now, when you reached Fulchester, did you meet someone?

00:04:23Yes, Mr. Aslam. He met the minibus and took us to a place where he said we should stay.

00:04:28And what was the accommodation?

00:04:30One room.

00:04:31One room for eight of you?

00:04:33One room. It had no heating.

00:04:36There was one cold water tap on the stairs for all of us.

00:04:40But we could not complain as we had to lie low for six months to become legal here.

00:04:43I must explain that.

00:04:45Members of the jury, under the law as it then stood, if the presence of an illegal immigrant went unchallenged by the police for six clear months, he in effect became legally resident here.

00:04:57And who was your landlord?

00:05:00It was a company called Burton Securities.

00:05:04I later found that the directors were a trust and that the beneficiaries of the trust were the children of Mr. Aslam.

00:05:11Yes, but that is not disputed.

00:05:13And was work found for you?

00:05:15Hmm.

00:05:16Work you would not give a pig.

00:05:17Answer the question, please.

00:05:20In the Blue Indus restaurant.

00:05:24Ninety-eight hours per week.

00:05:26I scrubbed the floors, peeled the potatoes, that kind of thing.

00:05:28I am a Bachelor of Arts.

00:05:30And how much did you receive for this?

00:05:32Nothing.

00:05:33Nothing at all?

00:05:34Oh, well.

00:05:35They said they would give us twenty pounds per week, but then ten pounds is deducted for the three hundred pound debt, ten pounds for the so-called accommodation.

00:05:41Well.

00:05:42Did you not complain?

00:05:43Who to?

00:05:44I could not complain.

00:05:46It was a case of the most naked exploitation.

00:05:49Most naked.

00:05:50Who found you this job?

00:05:53Mr. Aslam.

00:05:55Did you subsequently find out who owned the Blue Indus restaurant?

00:05:59Yes.

00:06:00It was a company called Roxvin Limited.

00:06:02Of which the managing director is Mrs. Aslam, the wife of Mr. Aslam.

00:06:07That is not disputed, my lord.

00:06:08And the other directors were Mr. Aslam himself and his aunt Mrs. Calhoun.

00:06:14Hmm.

00:06:15Mr. Aslam appears to be a man of many parts.

00:06:18Indeed so, my lord.

00:06:20Now, Mr. Ali, what happened after the six months run?

00:06:24I became a legal citizen.

00:06:26Came out into the open.

00:06:27Got a job.

00:06:29Worked hard.

00:06:30Started to buy a house.

00:06:31And you married?

00:06:32Yes.

00:06:33I got married.

00:06:34And how long did this situation last?

00:06:36Until June the 11th last year.

00:06:39And then the House of Lords made this ridiculous decision which actually reversed the law and made me illegal again.

00:06:45Liable to be torn from my home, the family, the house.

00:06:47Confine yourself to the question, please.

00:06:49But it was insane.

00:06:50You cannot make laws which apply in the past.

00:06:52It is not even fair.

00:06:53They do, sir.

00:06:54And the law lord's family clearly had done so in this case.

00:06:56Whatever you think of it, that is the law.

00:06:59Mr. Ali, bearing his lordship's direction to you in mind, what action did you take as a result of this House of Lords decision?

00:07:05I went to the police.

00:07:07And?

00:07:08Did you not go to the immigration authority?

00:07:12Yes.

00:07:13I went...

00:07:14Well, I had to go into hiding again from the police and the immigration authorities.

00:07:16And while in hiding, did you receive certain letters?

00:07:20Yes.

00:07:21Are these the letters?

00:07:22Yes, they are.

00:07:23Exhibits one and two, my lord.

00:07:24Photo stack copies have been made.

00:07:25If your lordship would allow the jury.

00:07:26Of course.

00:07:27I am obliged, my lord.

00:07:28Members of the jury, you will see when you get your copies that ten pounds per week is to be paid to box five Queen Street, Fullchester.

00:07:34And in default of prompt payment, I shall be forced to consult the police about you.

00:07:37Mr. Ali, the meaning of this threat was clear to you, wasn't it?

00:07:38Oh, yes.

00:07:39Pay up or be deported.

00:07:40And they are anonymous.

00:07:41I'm sorry.

00:07:42What action did you take?

00:07:43I went to the police.

00:07:44You voluntarily gave yourself up.

00:07:45In order to bring this fat blackmailer to justice.

00:07:46Even though you knew this could well lead to your deportation.

00:07:47Yes.

00:07:48And the police soon discovered that everything...

00:07:49I'm afraid you cannot tell us that, Mr. Ali.

00:07:50Is to be paid to box five Queen Street, Fullchester.

00:07:51And in default of prompt payment, I shall be forced to consult the police about you.

00:07:53Mr. Ali, the meaning of this threat was clear to you, wasn't it?

00:07:56Oh, yes.

00:07:57Pay up or be deported.

00:07:58And they are anonymous.

00:07:59I'm sorry.

00:08:00What action did you take?

00:08:01I went...

00:08:02I went to the police.

00:08:03You voluntarily gave yourself up.

00:08:05In order to bring this fat blackmailer to justice.

00:08:08Even though you knew this could well lead to your deportation.

00:08:10Yes.

00:08:11And the police soon discovered that everything...

00:08:12I'm afraid you cannot tell us that, Mr. Ali.

00:08:14We shall be hearing from the police themselves in a moment.

00:08:20Mr. Ali, how much are you being paid for this?

00:08:23What?

00:08:24Well, isn't it true that you've been retained by a certain Sunday newspaper

00:08:27to give an account of your part in this affair?

00:08:30I have been approached...

00:08:31And given a contract?

00:08:33Yes.

00:08:34In fact, you've become quite a noted authority on the whole subject

00:08:37of what you call immigrant exploitation, have you not?

00:08:40Well, I would not say that.

00:08:41Indeed, Mr. Ali.

00:08:43Well, here is a major article written by you...

00:08:47and spread over three issues of that same Sunday paper...

00:08:52in which you give a full story of your so-called exploitation...

00:08:55in the blue English restaurant.

00:08:57You paint an exciting, not to say highly colourful story...

00:09:01in which you've cast yourself for the role of hero.

00:09:04How much were you paid for this?

00:09:07That is a private matter.

00:09:09Nine hundred pounds, I believe, was the figure.

00:09:13Worth peeling a few potatoes for, I would have thought.

00:09:17What is your occupation?

00:09:19I am not employed at the moment.

00:09:21Ah, and how long have you been unemployed?

00:09:23About one year.

00:09:24Yes.

00:09:25And during that year, apart from the three items I've just mentioned...

00:09:29you've written eleven other major articles...

00:09:31and made four fairly substantial television appearances...

00:09:34all of what one might term firebrand issues.

00:09:37Well, I have not counted.

00:09:40Well, I have, Mr. Ali, I have.

00:09:43Quite a lucrative sideline.

00:09:46What is your main line, though?

00:09:48I told you.

00:09:49I am not employed.

00:09:50Ah, yes, sir, you did.

00:09:52But, in fact, isn't the truth of the matter...

00:09:54that you've become a professional protester?

00:09:56You've marched, sat down, stood up...

00:09:59even got a hunger strike in Trafalgar Square...

00:10:01always making sure that you are in the limelight.

00:10:04Well, there is social injustice.

00:10:06I believe in action, not words.

00:10:09Yes, but these words do help your bank balance.

00:10:11Doesn't all this help to push up your newspaper fees?

00:10:14Oh, my lord, he is attacking my sincerity.

00:10:16As he is perfectly entitled to do.

00:10:18But surely it is Aslam who is on trial.

00:10:20As... Aslam is on trial for blackmail, not me.

00:10:22Yes, indeed he is, Mr. Ali.

00:10:24So let us turn more specifically to that.

00:10:26Why did you think that those letters constituted blackmail?

00:10:31Well, it is obvious.

00:10:34Not to me, Mr. Ali.

00:10:37Yes, but I was in hiding.

00:10:39Hiding from the police.

00:10:40Yes, but...

00:10:41Yes, because you had broken the law.

00:10:43Only technically.

00:10:45But you had broken the law.

00:10:46Originally.

00:10:47Yes, and now you find yourself outside it again, you see.

00:10:50But all I can read in this letter is a demand for money.

00:10:54An unjustified demand.

00:10:56Indeed.

00:10:57Yes.

00:10:58You didn't owe Mr. Aslam any?

00:11:00No.

00:11:01But you reached the conclusion that he had sent the letters, although they are typed and unsigned.

00:11:06Well, I... I suspected.

00:11:09Indeed, you suspected enough, I believe, to give his name to the policeman, you yourself gave yourself up.

00:11:15But if you... if you didn't owe him anything, why did you suspect him?

00:11:19Because he had already exploited me so much.

00:11:22And you say you are not in his debt?

00:11:24No, I paid off the full 600 pounds.

00:11:27Ah, yes.

00:11:28But that only paid the overland part of the journey.

00:11:31The crossing from Holland was to be paid for separately, and that had always been a part of the contract.

00:11:37No.

00:11:38Well, that was no part of your agreement with Silver Star Travel?

00:11:42Absolutely not.

00:11:43The contract was quite specific in that point, was it?

00:11:46There was no contract.

00:11:47What do you mean?

00:11:48There was no written contract.

00:11:49It was all agreed verbally.

00:11:50Yes, a verbal contract.

00:11:52You see, Mr. Arley, you owe and owed Mr. Aslam money.

00:11:56And the only reason you've dreamed up this charge of blackmail is so you can write a fanciful account for a fat fee.

00:12:02Oh, no, no, no, no, no, no, no.

00:12:03No?

00:12:04No.

00:12:05Then what is the nature of your agreement with this newspaper?

00:12:07A straight...

00:12:08I mean, what sort of article about this case is specified?

00:12:12A straightforward account.

00:12:14Indeed.

00:12:15Now then, is this a copy of your contract with that paper?

00:12:19My Lord, I'd like to introduce this as Exhibit 5.

00:12:22It has been disclosed by the prosecution at our request.

00:12:26Now, does this contract not specify that the articles must be about what it feels like to be an illegal immigrant who is being blackmailed?

00:12:38Yes.

00:12:39Yes.

00:12:40Yes, the word blackmail is actually used.

00:12:42Yes.

00:12:43So if blackmail wasn't proved, then the effect would be that this contract would be cancelled, wouldn't it?

00:12:49Yes.

00:12:50Yes.

00:12:51But if it is proved, how much would you be paid for the article?

00:12:56Read it out for us, Mr. Ali.

00:13:011,300 pounds.

00:13:20Inspector Ormerard, did you direct the investigation which led to the arrest of the accused?

00:13:24Yes, sir.

00:13:25Would you give a court the account of your investigation?

00:13:28On the evening of June 30th, 1973, Mr. Agas Sipkat Ali came to Forchester Central Police Station.

00:13:33He made a statement to the death sergeant to the effect that he was an illegal immigrant.

00:13:37I subsequently interviewed him about it.

00:13:39Did he say why he was making this surprising statement?

00:13:41Yes, sir.

00:13:42He produced two letters.

00:13:43And are these the letters in question?

00:13:49Yes, sir.

00:13:50Did you make further inquiries as a result of having seen these letters?

00:13:53At 11.20 the following morning, I visited the address given in the two letters.

00:13:57It turned out to be a tobacconist and newsagent which also ran an accommodation address service.

00:14:02That is a letter forwarding or box number service?

00:14:04Exactly, sir.

00:14:05I interviewed the proprietor, Mr. Charles Pearson.

00:14:08As a result of information you received from Mr. Pearson, did you subsequently visit the accused?

00:14:12I went to his house in Islands Lane, Forchester, on the afternoon of June 30th, arriving at 3.10pm.

00:14:17He denied all knowledge of the two letters.

00:14:19But after discussion, he admitted he had sent them.

00:14:21As a result of this and further investigations I carried out on July 2nd,

00:14:24I went again to his house, cautioned him and arrested him for his offences.

00:14:28My lord, it has been agreed that the evidence of the first charge for which the accused has already stood trial is admissible.

00:14:33That's so, is it, Mr. Parsons?

00:14:35Yes.

00:14:36So be it.

00:14:37Inspector, what was the first charge against Mr. Aslan?

00:14:40He was charged with aiding and abetting the illegal entry of immigrants into this country, sir.

00:14:44In that he arranged the unauthorised transport of eight Pakistanis across the North Sea, contrary to the Immigration Act of 1962.

00:14:51And the other charge you made against Mr. Aslan on July 2nd is that of blackmail for which he is on trial today?

00:14:56Yes, sir.

00:14:57Inspector, you told us that on the 30th of June, the accused admitted to you that he had sent these letters.

00:15:03Now, was there any other conversation on this occasion?

00:15:06After he admitted sending the letters, I cautioned him and asked him why he was making these demands.

00:15:11And he said it was a payment for that part of the affair from Pakistan which was still outstanding.

00:15:16I said, if that is so, why do not the letter say so? He did not reply.

00:15:20Then I asked why the letters are not anonymous if you were asking for a payment of a lawful debt.

00:15:25He did not reply.

00:15:27Then I asked why the arrangement for payment was such that Mr. Ali wouldn't be able to learn the identity of the man he was to make the payment to.

00:15:32It was for a debt.

00:15:34He did not reply.

00:15:35Then I asked why, if it was a debt, the sum outstanding was not mentioned.

00:15:40And why wait for two and a half years before asking for it?

00:15:43Again, he made no reply.

00:15:45Thank you, Inspector.

00:15:49Inspector, I am right am I not, Inspector?

00:15:53You and the immigrant community of Foote have been at loggerheads for some years now.

00:15:58There has been some friction.

00:15:59Friction?

00:16:00Well, have there not been frequent complaints made against you by that community?

00:16:05Complaints of intimidation, harassment and even brutality.

00:16:09And did things not reach such a point that in 1969 the Pulster Immigrants Council actually wrote to the Home Office asking for an inquiry into your conduct?

00:16:19And there was an inquiry at which I was fully cleared.

00:16:21Yes, and you resented it.

00:16:23What?

00:16:24Well, did you not resent it?

00:16:25Do you not resent these charges now?

00:16:28They hardly assist your career, do they?

00:16:30I get on with my job.

00:16:31There's no time for resentment.

00:16:32Yes, well, I admire your detachment.

00:16:34Inspector, this Immigration Council which has caused you so much trouble, which initiated the Home Office inquiry, who is his chairman?

00:16:45Who is his chairman?

00:16:46I don't know.

00:16:47Oh, come now.

00:16:48I think you do.

00:16:49I do not know who the chairman is.

00:16:52Well, it is the defendant, Mr. Aslan, and you know that, Inspector.

00:16:57I knew he used to be.

00:16:58Oh, I see.

00:16:59I work from the evidence, and that alone.

00:17:02Very good.

00:17:03Well, let us examine that claim.

00:17:04Would you look at the photocopy of the two so-called blackmail letters again, please?

00:17:10Now, they contain a simple demand for ten pounds a week, do they not?

00:17:13Yes.

00:17:14And the defendant told you it was a debt, the unpaid part of his fur, in fact.

00:17:19Yes.

00:17:20Now, what steps did you take to ascertain if this was true or not?

00:17:25Come along.

00:17:26Inspector, it's a very simple question.

00:17:28There was a cock...

00:17:29How did you test this claim?

00:17:30It was a cock-and-bull story.

00:17:32But you say your case was based on the evidence alone.

00:17:35Very well.

00:17:37On what evidence did you conclude that Mr. Aslan's statement was not true?

00:17:42The accused could not substantiate it.

00:17:45But he did explain to you, did he not?

00:17:47But you haven't told us the explanations he gave.

00:17:50I told you everything he said.

00:17:52I was perfectly fair and unbiased towards him.

00:17:55Fair and unbiased?

00:17:57Did you ask to see the contract for the trip from Pakistan?

00:18:00There wasn't one.

00:18:01There wasn't a written one.

00:18:03But a verbal contract is just as valid in law as you are no doubt very well aware, Inspector.

00:18:08But that wasn't my question.

00:18:10Did you ask to see the contract?

00:18:12I can't be sure.

00:18:14Well, perhaps there might be a note about it in your notebook.

00:18:19I may have asked. I can't recall it.

00:18:21But you did see Mr. Aslan's company papers relating to the journey, these Silver Star travel papers.

00:18:26No, sir.

00:18:27Why have I not?

00:18:29I didn't think it was necessary.

00:18:32Not necessary?

00:18:34Inspector, you astonish me.

00:18:36There was enough evidence against the accused without going into all that.

00:18:40Yes.

00:18:41Why could it be you were in such a rush to conclude this case that your investigation could only be called hasty and slapdash?

00:18:47Quite untrue.

00:18:48Yes.

00:18:49Well, let's go into that.

00:18:51You took great pains to bring charges as quickly as possible, did you not?

00:18:54Naturally.

00:18:55In fact, remarkably quickly.

00:18:57Mr. Ali entered the police station on June 30th and you had made the arrests and had sewn the whole thing up by July 2nd.

00:19:04Three days.

00:19:05Now, that's very quick, isn't it?

00:19:07Some cases are dealt with simply and others not so simple.

00:19:10Hmm.

00:19:11No other reasons for your undue haste?

00:19:16No.

00:19:17What case of cases were you employed on?

00:19:20Routine work.

00:19:21No one particular case?

00:19:23Not that I can remember.

00:19:24Well, I think you do, Inspector.

00:19:27On June 30th, you are in charge of the Longhurst child murder investigation, were you not?

00:19:32A very serious matter where the murderer had not been caught and there was fear that he might strike again.

00:19:38And you actually put that aside to take on this case?

00:19:42The Longhurst case had reached a stage where my officers had an immense amount of routine information to sift through.

00:19:48I could afford to take a few hours off while they were doing it.

00:19:51Yes, or could it be you another reason?

00:19:52That is, a special reason for wishing to take on this case, no matter how inconvenient it was to you at that time.

00:19:58And that reason involved that thorn in your flesh, Mr. Aslam?

00:20:01Absolutely not.

00:20:02Well, we shall see.

00:20:05We shall see.

00:20:07Now, I would like to turn to the matter of your original identification of the defendant.

00:20:14I didn't identify him. Mr. Pearson did.

00:20:17Yes, the manager of the shop, quite so.

00:20:19He described the man to me.

00:20:20Subsequently, he made a positive identification from photographs.

00:20:24Which you showed him?

00:20:25Yes, sir.

00:20:26So you must have recognized Mr. Pearson's original description.

00:20:29It gave me an idea, yes.

00:20:31Yes.

00:20:32And was the accused known to you at that time?

00:20:33Oh, yes.

00:20:34Yes.

00:20:35You had met him many times before.

00:20:36Yes.

00:20:37Yes, of course.

00:20:38And Mr. Pearson's description clearly fitted him.

00:20:41Yes, I thought it might be him.

00:20:43What was the description?

00:20:45Well, he said he was a man about 50, well-dressed, in a well-cut suit, with a facial scar on his

00:20:54left forehead.

00:20:55Yes.

00:20:56Which fitted the defendant perfectly.

00:20:58Yes, sir.

00:20:59The scar being the main identifying feature.

00:21:03Yes, sir.

00:21:04Could I see your notebook, please?

00:21:10Pardon?

00:21:12Your notebook, the one you've just put in your pocket.

00:21:15Could I see it?

00:21:23There's nothing here about a scar.

00:21:39It says, Packy, about 50, well-dressed.

00:21:45Well-dressed.

00:21:46Is that the description?

00:21:47There was more to it.

00:21:48More to it?

00:21:49The description of a blackmailer for which you've set aside a desperate murder hunt, and

00:21:54you don't take the bother to write down the key identifying feature of the description?

00:21:58But Mr. Aslam did not deny.

00:22:00Well, we'll come to what Mr. Aslam said in a moment.

00:22:03What I am concerned about, Inspector, is your extraordinary attitude to this investigation.

00:22:08I mean, for instance, it says here you spent four days on the case on June 30th, and no

00:22:13less than 14 hours on each day of the 1st and 2nd of July.

00:22:18Admirable zeal, I would have thought, but not leaving you much time for your murder hunt.

00:22:23I thought you said only a few hours here and there.

00:22:26You said that.

00:22:27What?

00:22:28I did not say that.

00:22:29You said it.

00:22:30Yes, but you agreed.

00:22:31I believe in getting on with my job.

00:22:33Hmm.

00:22:34You see, Inspector, as a result of your personal resentment against Mr. Aslam, you have neglected

00:22:40to give us his answers to your vital questions, have you not?

00:22:44I have told you everything he said.

00:22:45Oh, no, Inspector.

00:22:47When you asked him why the letters made no mention of the debt, why they were anonymous,

00:22:52why he wished to conceal his identity, why the demand for the debt has waited for so

00:22:57long, he replied, secrecy is necessary to protect Mr. Ali, you understand, otherwise

00:23:05he might be found out and deported.

00:23:07No, sir.

00:23:08He did not reply to any of those questions.

00:23:10Yes.

00:23:11Well, I'm sure the jury will have his own ideas about that.

00:23:15No questions.

00:23:18Do you wish to re-examine, Mr. Golding?

00:23:20Only briefly, my lord.

00:23:21Inspector, were you in the least motivated by prejudice in this investigation?

00:23:25Not the slightest, sir.

00:23:26Your examination was based solely on the evidence?

00:23:29Yes, sir.

00:23:30And were you completely cleared by the inquiry that has been referred to of any suggestion

00:23:34of improper conduct?

00:23:35Totally, sir.

00:23:36Inspector, have you the exceptional distinction of having been awarded the Queen's Police Medal

00:23:40and having been five times commended by your chief constable?

00:23:44And are you, in ten days' time, moving to Bossenden as the chief inspector?

00:23:48Yes, sir.

00:23:49Thank you, Inspector.

00:23:51I'd be obliged if you would remain in court, Inspector.

00:23:55It may be that I shall have some questions to ask you myself.

00:23:59The case of the Queen against Aslam will be resumed tomorrow in the Crown Court.

00:24:22The End

00:24:23The End

00:24:24The End

00:24:25The End

00:24:26The End

00:24:27The End

00:24:28The End

00:24:29The End

00:24:32At nine o'clock on a June evening, Agha Ali, a Pakistani living in Fulchester, walked into the central police station and confessed that he was an illegal immigrant.

00:24:39He claimed he was being blackmailed with exposure to the police.

00:24:52The police arrested the man who had arranged his journey from Pakistan, Muhammad Aslam, on discharge.

00:24:55He's pleaded not guilty and raised the defence that the money demanded was part of the fare from Pakistan which Ali had never paid.

00:24:59We return to the hearing as the prosecuting counsel begins his examination of the master of the boat which brought the illegal immigrants across the English Channel.

00:25:12What is your religion?

00:25:13The Church of England.

00:25:14Take the book in your right hand and read aloud the words on the card.

00:25:15I swear by Almighty God that the evidence I shall give shall be the truth, the old truth, and nothing but the truth.

00:25:16The old truth, and nothing but the truth.

00:25:17Your name is Thomas William Wheeler and you are a fisherman living at the Lea Lighthouse Road, Whitby, L

00:25:47in Yorkshire? That's right, sir, yes.

00:25:49How long have you been a fisherman, Mr Wheeler?

00:25:51All my life. Do you work alone?

00:25:53No, my brother comes along with me.

00:25:55Just the two of you? Yes, sir.

00:25:57And what do you fish for?

00:25:59Cod, place,

00:26:01anything that comes up, nothing particular.

00:26:03My wife sells it directly from my

00:26:05garage and door to door. A small

00:26:07business, then? Yes, just the three of us

00:26:09and one boat. A little boat.

00:26:12Now, Mr Wheeler,

00:26:13I'd like you to recall the events of March

00:26:151970, when you were involved

00:26:17in another activity besides fishing.

00:26:19You know what I'm referring to, don't you?

00:26:21Bringing them Pakistanis over.

00:26:24Precisely, yes.

00:26:25Now, I would like you to tell the court exactly

00:26:27how you came to be involved in all that.

00:26:30Well, I got this

00:26:31air phone call and this bloke said

00:26:33would I be interested in a bit of business

00:26:35that have nothing to do with fishing?

00:26:36Did he say what? No, he didn't.

00:26:38He said, could we meet?

00:26:40Well, he didn't say it was anything illegal and the catch

00:26:43had been very poor for weeks, so I...

00:26:45So you arranged to meet him?

00:26:46Yes, that's right.

00:26:47I met him the following day.

00:26:49He was waiting at my boat.

00:26:51He knew which was my boat and he seemed

00:26:52to know a lot about me.

00:26:54And we just sat there, uh, talking like...

00:26:57And he made a business proposition?

00:26:59Yes, that's right.

00:27:00He said, could I bring these coloured gentlemen

00:27:02over at night

00:27:04just across the water?

00:27:05And did he say how many, uh, coloured gentlemen?

00:27:08He said about eight.

00:27:10Ah. Now, Mr Wheeler, I want you to be

00:27:11very careful about this.

00:27:13What precisely was his financial offer?

00:27:16Hundred pounds each.

00:27:18Ah. He would pay you a hundred pounds

00:27:20for each of these, uh, passengers

00:27:22of whom there were probably going to be eight?

00:27:24Yes, sir.

00:27:25And how was it to be paid?

00:27:27Half down and half when it was over.

00:27:29Cash?

00:27:30Oh, yes. My wife insisted on cash.

00:27:33And when exactly was the first payment to be made?

00:27:36Just before I was to leave to pick him up.

00:27:38Now, how long before?

00:27:39Well, exactly say.

00:27:41But you accepted the offer?

00:27:42Well, it was such a nice sort of blow.

00:27:45And, uh, did the first payment arrive

00:27:47as you'd expected?

00:27:48No, it didn't.

00:27:50He telephoned me

00:27:51only three hours before I was due

00:27:53to leave for Holland.

00:27:54He said he couldn't get up to Whitby

00:27:56and that I was to get the money

00:27:58off the connel gentleman

00:27:59and they would get it back off him.

00:28:01Well, I didn't like that.

00:28:03And when I met the gentleman,

00:28:04they didn't like it either.

00:28:05So you met your passengers

00:28:07and you told them that they must pay you?

00:28:09Yes, sir.

00:28:10£100 per head?

00:28:11Well, actually, I asked for £150.

00:28:14Why was that, Mr Wheeler?

00:28:16Well, my wife thought it would be better.

00:28:19She knew they'd beat me down.

00:28:21And, uh, did this happen?

00:28:23Well, actually, they beat me down to £40.

00:28:26There was this, uh, loud-mouthed gentleman

00:28:28who got very angry

00:28:30and started to have a bust up my boat.

00:28:33And my brother and him had a clunch-up in it.

00:28:35There was a fight?

00:28:36Well, not a fight exactly.

00:28:37I got a bit, well...

00:28:38I saw Red, you know,

00:28:39and, uh,

00:28:41I hit him at back at head with a landing up.

00:28:43Uh, so they paid you £40 per head.

00:28:46And did you ever get the balance

00:28:47of the £60 a head from the accused?

00:28:49No.

00:28:49Now, I want you to be very careful about this, Mr Wheeler.

00:28:53The arrangement of the passengers paying you themselves

00:28:56was a last-minute one, was it?

00:28:58Yes, sir.

00:28:58And until three hours beforehand,

00:29:00the arrangement had been

00:29:01that you should be paid direct by Mr Aslan

00:29:04out of his own funds.

00:29:06That is correct, sir.

00:29:07Thank you, Mr Wheeler.

00:29:08You'll be most helpful.

00:29:11Mr Wheeler,

00:29:11would you describe yourself

00:29:14as a straightforward sort of a man?

00:29:19Well, I suppose so.

00:29:20Yes.

00:29:21I mean, out in your boat all day long,

00:29:24mercifully free from the rat race.

00:29:25I mean,

00:29:27no one could accuse you

00:29:28of having a worldly or cynical mind.

00:29:33I suppose so.

00:29:34Yes.

00:29:34You see,

00:29:35I suggest to you,

00:29:36Mr Wheeler,

00:29:37with all respect,

00:29:39that you are really a bit of an innocent

00:29:40and that the financial arrangements

00:29:43were not nearly so clear-cut

00:29:45as you've just described.

00:29:48Well,

00:29:49I wouldn't want to give the wrong idea.

00:29:50No,

00:29:51of course not.

00:29:51That's exactly what I mean.

00:29:53You see,

00:29:53I put it to you

00:29:54that Mr Aslan

00:29:55never contracted

00:29:56to pay you himself at all

00:29:57at any stage.

00:29:59Could be.

00:30:00What?

00:30:02Could be.

00:30:03But you just said

00:30:04to my learned friend

00:30:05that you're to be paid

00:30:06half before you left

00:30:07and half in completion.

00:30:10Well,

00:30:10that's what I asked for.

00:30:12Oh,

00:30:12asked for?

00:30:13But did he not agree?

00:30:15Well,

00:30:15it seems such a nice-coloured gentleman.

00:30:17Yes,

00:30:17but who was to pay you?

00:30:21Him.

00:30:22You're absolutely sure about that?

00:30:26No.

00:30:27You're not sure?

00:30:29Well,

00:30:29it was such a long time ago.

00:30:31Yes,

00:30:31indeed it was,

00:30:31Mr Wheeler.

00:30:32Three years.

00:30:33Which of us can remember

00:30:34things that happened

00:30:35so long ago?

00:30:38That's right,

00:30:38yes.

00:30:39In fact,

00:30:40the arrangement

00:30:40might all along

00:30:41have been

00:30:41that the passengers

00:30:43were to pay you themselves

00:30:44quite a separate arrangement

00:30:45from that

00:30:46with Mr Aslan.

00:30:48Yes.

00:30:49That was the arrangement.

00:30:51Well,

00:30:52it could have been,

00:30:52couldn't it?

00:30:53Yes.

00:30:55No further questions.

00:30:57So,

00:30:58Mr Aslan

00:30:58wasn't to pay you half

00:31:00before you set out?

00:31:02Yes.

00:31:03Yes,

00:31:03he wasn't,

00:31:04or yes,

00:31:05he was.

00:31:06No.

00:31:07Look,

00:31:08Mr Wheeler,

00:31:09you've just told my

00:31:10learned friend

00:31:10that the arrangement

00:31:10could have been

00:31:11that the passengers

00:31:12were to pay you direct.

00:31:14Well,

00:31:14that's what happened.

00:31:15Yes,

00:31:15I know that's what happened,

00:31:16but was that

00:31:17the original arrangement?

00:31:19I've just explained

00:31:20all that.

00:31:21Mr Wheeler,

00:31:22the pink-coloured gentleman

00:31:23who is standing

00:31:24is seeking to show

00:31:25that your passengers

00:31:25don't owe the brown-coloured gentleman

00:31:27any money for the fare.

00:31:28Now,

00:31:28can you cast any light on that?

00:31:31I'd like to.

00:31:31I'm sure you would,

00:31:32but are you able to?

00:31:34I'm not sure.

00:31:36Mr Wheeler,

00:31:37would it be true

00:31:38to say

00:31:39that it is all

00:31:39so long ago

00:31:40you're no longer sure

00:31:42what the arrangements were?

00:31:45Yes.

00:31:48You may go.

00:31:50But he owes me

00:31:51480 pounds!

00:31:53You may go.

00:31:55Thank you very much,

00:31:56sir.

00:31:57And thank you

00:31:58very much,

00:31:59my lord.

00:31:59I now call

00:32:00Inspector James Mortlock.

00:32:03Inspector James Mortlock,

00:32:05please.

00:32:09Inspector Mortlock,

00:32:10you were a member

00:32:10of Scotland Yard's

00:32:11fraud squad

00:32:12and you specialise

00:32:13in the scrutiny

00:32:13of books and accounts

00:32:14and the structure

00:32:15of companies

00:32:16under investigation.

00:32:17That is correct.

00:32:18Now,

00:32:18in July of last year,

00:32:19were you consulted

00:32:19by the Fulchester CID

00:32:21about the affairs

00:32:22of a company

00:32:22called Silver Star Travel?

00:32:24I was.

00:32:25Now,

00:32:25what sort of company is it?

00:32:27It's a small private company

00:32:28operating from a shop

00:32:29or Fulchester High Street

00:32:30and trading mainly

00:32:31as a travel agency

00:32:32for package tour holidays.

00:32:33Now,

00:32:34did you make a detailed

00:32:34examination of its records

00:32:36for 1969 and 1970

00:32:38with particular reference

00:32:39to a journey

00:32:40from Pakistan

00:32:41to this country?

00:32:41I did, sir.

00:32:42There is no trace

00:32:43at all of such a journey.

00:32:44However,

00:32:45I also examined

00:32:45a series of small

00:32:46back-account books

00:32:47which were found

00:32:48in a safe

00:32:49at the defendant's house

00:32:50and obtained therefrom

00:32:52under search warrant.

00:32:53Each book covers

00:32:54a calendar year.

00:32:55And do you produce

00:32:55the book covering

00:32:56the year 1970?

00:32:57I do.

00:32:58Exhibit 6,

00:33:00my lord.

00:33:01My lonely friend

00:33:02has had the opportunity

00:33:03to examine it

00:33:03and there are

00:33:04photostack copies

00:33:05of sections of it

00:33:05for your lordship

00:33:06and the jury.

00:33:08Now,

00:33:09what exactly

00:33:09are these books,

00:33:10Inspector?

00:33:11There are uploads

00:33:12of memoranda

00:33:12kept by the defendant

00:33:13sometimes in the form

00:33:14of accounts

00:33:15or various transactions

00:33:16entered into

00:33:17by companies

00:33:17with which he is associated.

00:33:18They are mostly in English

00:33:19but some notes

00:33:20are in Erdo

00:33:21which I understand

00:33:22is the native language

00:33:23of the accused.

00:33:25There are also sections

00:33:26and individual pages

00:33:28referring to property

00:33:28heirs,

00:33:29a laundromat,

00:33:30travel firm,

00:33:30various tax matters,

00:33:32a restaurant,

00:33:32a string of ice cream

00:33:33vans and a small

00:33:34toffee factory.

00:33:35Now,

00:33:35is there any reference

00:33:36to the journey

00:33:37in this book?

00:33:38Yes,

00:33:38on page 141.

00:33:40Now,

00:33:40halfway down this page

00:33:41there is the heading

00:33:42Kaipur

00:33:43which is a town

00:33:44in Pakistan

00:33:44and then there is

00:33:46a list of the various

00:33:47stages of the journey

00:33:47between Kaipur

00:33:48and Great Britain

00:33:49with the cost alongside.

00:33:50Now,

00:33:50do you see any reference

00:33:51to a crossing

00:33:52from Zanfurt

00:33:53to Whitby?

00:33:54Yes,

00:33:54after the itinerary

00:33:55has got as far

00:33:55as Holland

00:33:56there then occurs

00:33:57the word

00:33:57Kashti

00:33:58which is Erdo

00:33:59for a ferry

00:34:00and then the figure

00:34:02£100 in the pounds

00:34:03column beside it.

00:34:04Yes,

00:34:04the total cost

00:34:05is worked out

00:34:06at the bottom

00:34:06of the page.

00:34:07Yes,

00:34:07it comes to £490.

00:34:09The defendant then

00:34:10has written

00:34:10£600,

00:34:12say £110.

00:34:14Yes,

00:34:15the £490

00:34:16being the cost

00:34:17to him,

00:34:18the £600

00:34:18being the cost

00:34:19of what he would

00:34:19charge

00:34:20leaving £110

00:34:21profit.

00:34:22That's how I saw it.

00:34:23Now,

00:34:24let us get this

00:34:24quite clear.

00:34:25The cost of this

00:34:26crossing was included

00:34:27in the £600.

00:34:29Yes.

00:34:29So,

00:34:30any subsequent demand

00:34:31for money over

00:34:32and above this sum

00:34:33could not be

00:34:34for the crossing.

00:34:35That is it.

00:34:36Are there any

00:34:37further references

00:34:38to the journey

00:34:38in other notebooks?

00:34:40None whatsoever.

00:34:41Thank you,

00:34:41Inspector.

00:34:45Inspector,

00:34:45do you speak

00:34:46go adieu?

00:34:47No,

00:34:47sir.

00:34:47Sir,

00:34:48you've obtained

00:34:49translations

00:34:50of certain passages

00:34:51of these books?

00:34:52Sir,

00:34:52we employ

00:34:53qualified translators.

00:34:54The translation

00:34:54is absolutely accurate.

00:34:56Yes,

00:34:56but was the translator

00:34:57also an accountant?

00:35:00Not to my knowledge,

00:35:01sir.

00:35:02Then you've never

00:35:03met him?

00:35:04No, sir.

00:35:05Well,

00:35:05how did you

00:35:05communicate then?

00:35:07I

00:35:08had certain pages

00:35:10photographed

00:35:11and then marked

00:35:12the passages

00:35:12that I wanted

00:35:13translated

00:35:13and he or she

00:35:15then provided it.

00:35:17He or she?

00:35:18You didn't even know that.

00:35:19Erdue was the same

00:35:19language to men

00:35:20and women,

00:35:21I believe, sir.

00:35:22Not my point,

00:35:23Inspector.

00:35:24So this translator

00:35:25only ever saw

00:35:26the marked passages.

00:35:28He never saw

00:35:29or discussed

00:35:30with you

00:35:30the book as a whole.

00:35:31There was no need.

00:35:32I am the detective,

00:35:33not him.

00:35:35Or her.

00:35:36Quite so.

00:35:37Then would you

00:35:39please turn to

00:35:39page 312

00:35:41of the 1970 book.

00:35:43I have a photocopy

00:35:44here.

00:35:45Now,

00:35:46the bottom half

00:35:47there,

00:35:47you tell us,

00:35:48is in a language

00:35:49called Urdu.

00:35:50Now,

00:35:51what does that mean?

00:35:52I did not commission

00:35:53a translation

00:35:53on this page.

00:35:54Well,

00:35:55why not?

00:35:55There was no need.

00:35:57Well,

00:35:58how can you possibly

00:35:58say that if you

00:35:59don't know what it means?

00:36:00It's all in figures.

00:36:02It's, er,

00:36:03there are no figures,

00:36:04it's all in longhand.

00:36:05I was searching

00:36:05for figures

00:36:06and across the crossing

00:36:07and whether it was

00:36:08paid for.

00:36:09Hmm.

00:36:10Do you know

00:36:10whether or not

00:36:11in Urdu

00:36:12numbers are written

00:36:14not in figures

00:36:15but in words?

00:36:17Er,

00:36:17I should have

00:36:18to take advice on that.

00:36:20You don't know.

00:36:21We employ experts,

00:36:22sir,

00:36:22I myself have...

00:36:23So you don't know,

00:36:24Inspector?

00:36:24I do not speak Urdu,

00:36:25sir.

00:36:26You don't know then?

00:36:28No.

00:36:29Well,

00:36:29I'll tell you.

00:36:31It's not true.

00:36:32They use the same

00:36:33system that we do.

00:36:34But the fact is

00:36:35that you didn't know.

00:36:36Now this page

00:36:37could have contained

00:36:38something referring

00:36:39to the journey

00:36:40from Holland

00:36:40or indeed

00:36:41to the case

00:36:42of black men

00:36:42itself.

00:36:43There are over

00:36:43400 pages in that

00:36:45notebook, sir,

00:36:45and there are 10 books.

00:36:47We'd found the figures

00:36:48we wanted.

00:36:48There was no need

00:36:49to look any further.

00:36:50Indeed.

00:36:50Well, we shall see.

00:36:51You've described

00:36:52these books as rough

00:36:53notes and jottings.

00:36:54They are by no means

00:36:55properly kept accounts,

00:36:56are they?

00:36:57No, sir.

00:36:57And they are not dated

00:36:58apart from the year,

00:36:59that is.

00:37:00That is correct.

00:37:01So you don't know

00:37:02whether these figures

00:37:02are not estimates

00:37:03rather than accounts.

00:37:05I can say, sir,

00:37:06that they are not.

00:37:07Now what makes you

00:37:08so sure about that?

00:37:09Well, we checked

00:37:09the rail costs

00:37:10for the Middle East

00:37:10sections of the journey,

00:37:11sir, and they are

00:37:12absolutely correct.

00:37:14But anyone could

00:37:16find that out.

00:37:17On the two pages

00:37:18before the entry

00:37:19and three pages

00:37:19after, there are

00:37:20other sets of figures

00:37:21relating to the

00:37:22ice cream business

00:37:23and the laundromat.

00:37:24These figures were

00:37:24checked with the

00:37:25published accounts

00:37:25of the two companies

00:37:26concerned, and they

00:37:27proved to be the

00:37:28actual figures to a

00:37:29penny, not estimates.

00:37:31But actual figures

00:37:34before and after

00:37:36in no way prove

00:37:36that the figures

00:37:37in between are also

00:37:38actual, do they?

00:37:39Well, they give

00:37:39a pretty fair interview.

00:37:40Yeah, but they

00:37:40don't prove it.

00:37:41It is perfectly fair.

00:37:43Do they prove it?

00:37:45Well, not directly,

00:37:47no.

00:37:47No, exactly.

00:37:48They don't prove it.

00:37:49But then you are

00:37:49not an accountant,

00:37:50are you, Inspector?

00:37:52Well, I'm not

00:37:52a chartered accountant,

00:37:53no.

00:37:53Well, what

00:37:54accountancy qualifications

00:37:55do you in fact hold?

00:37:58We receive training

00:37:59in many aspects

00:38:00of accountancy

00:38:00on special police

00:38:02courses.

00:38:03But no qualifications

00:38:04at all.

00:38:08I'm a policeman.

00:38:11Precisely.

00:38:12Not an accountant.

00:38:14No.

00:38:17Mr. Aslam,

00:38:30would you describe

00:38:32yourself

00:38:32as a wealthy man?

00:38:34I am successful.

00:38:36Mr. Aslam,

00:38:37the question was

00:38:38are you wealthy?

00:38:39I am.

00:38:41Are you introducing

00:38:42your client's wealth

00:38:43to show that he would

00:38:44have no financial reason

00:38:45and practice blackmail?

00:38:46Yes, my lord.

00:38:48Then perhaps you'll be

00:38:48specific about it.

00:38:49Wealth is a vague term.

00:38:51Well, my lord,

00:38:51my client has strong

00:38:52reservations about

00:38:53his business affairs

00:38:54being made any more

00:38:55public than necessary

00:38:56for reasons which

00:38:56will appear later.

00:38:58Well, it's a matter

00:38:59of you, Mr. Parsons.

00:39:00There's no point

00:39:00in mentioning money

00:39:01at all unless we're

00:39:01going to be specific

00:39:02about it.

00:39:02It's a waste of time.

00:39:05Your lordship,

00:39:05please.

00:39:05Yes.

00:39:06Mr. Aslam,

00:39:07what is the value

00:39:09of your combined assets?

00:39:11I do not know.

00:39:13Your income, then?

00:39:14My income.

00:39:15Last year was

00:39:17£19,000.

00:39:19And you are also

00:39:20associated with

00:39:21a number of

00:39:22charitable concerns,

00:39:23I believe.

00:39:23Yes.

00:39:24I give my spare time

00:39:25to the Fullchester

00:39:26Immigrant Council,

00:39:27of which I'm chairman.

00:39:27That is my chief concern,

00:39:29but I'm also a council member

00:39:30of several youth clubs,

00:39:32sporting clubs,

00:39:33and that sort of thing.

00:39:36Yes.

00:39:36How long have you been

00:39:37associated with

00:39:38the Fullchester

00:39:38Immigrants Council?

00:39:40Oh, 16 years.

00:39:41I was a founder member.

00:39:42What are his objects?

00:39:44To help immigrants.

00:39:45Yes, but in what way?

00:39:47Any way.

00:39:48Dealing with the authorities

00:39:49for them,

00:39:50arranging mortgages,

00:39:52coping with language problems,

00:39:54filling in forms,

00:39:55sometimes direct

00:39:56financial help.

00:39:57So it would have been

00:39:58true to say that

00:39:58for virtually 16 years

00:40:00you have given

00:40:01all your spare time

00:40:02to helping your fellow

00:40:03immigrants in difficulties?

00:40:05Yes.

00:40:05And that blackmailing them

00:40:07for trivial sums

00:40:08simply doesn't make sense,

00:40:10both from a moral

00:40:11and financial viewpoint.

00:40:12That is completely correct.

00:40:14Yes.

00:40:16Now, Mr. Aslam,

00:40:17you've heard the prosecution

00:40:18state a number of grounds

00:40:20why they think

00:40:21that you are guilty

00:40:22of this charge.

00:40:23Yes.

00:40:24There is the question

00:40:25of the letters

00:40:26that you sent

00:40:26to Mr. Ali.

00:40:28Yes.

00:40:29Now, why in those letters

00:40:30did you not say

00:40:31that the money demanded

00:40:33was for a debt?

00:40:34And why did you send

00:40:35them anonymously?

00:40:37Mr. Ali should know

00:40:38what that was for.

00:40:39And the debt

00:40:40was an illegal one

00:40:41so I did not wish

00:40:42to identify myself

00:40:43should the letters

00:40:44fall into the wrong hands.

00:40:45Besides,

00:40:45I feel it to be

00:40:46good business practice

00:40:48always to stay

00:40:49at arm's length.

00:40:51What do you mean by that?

00:40:52I mean in all my businesses

00:40:54I act through an intermediary

00:40:56or at a distance.

00:40:57It is good business practice.

00:40:59So the anonymity

00:40:59was nothing unusual?

00:41:01Not at all.

00:41:02No.

00:41:03Now, how much was

00:41:04Mr. Ali's total debt

00:41:06to you?

00:41:07Sixty pounds.

00:41:08Oh, to Mr. Wheeler

00:41:09actually.

00:41:10Yes.

00:41:11Then the ten pound

00:41:12a week would only

00:41:13be paid for six weeks.

00:41:14Yes.

00:41:15Now, why did you not

00:41:16mention this

00:41:17in the letter?

00:41:18Hmm?

00:41:19Why did you not

00:41:20mention the letter

00:41:21that ten pounds

00:41:21would only be for six weeks?

00:41:23For the same reason.

00:41:24I did not wish

00:41:25to give any clues

00:41:26should the letter

00:41:26fall into the wrong hands.

00:41:27Yes.

00:41:28Now, there is mention

00:41:29of a threat

00:41:30to go to the police.

00:41:31Only to ask advice

00:41:33about how to recover

00:41:34a bad debt.

00:41:34Yes.

00:41:35So there was no threat

00:41:36implied about telling

00:41:37the police

00:41:38of Mr. Ali's hiding place.

00:41:40Of course not.

00:41:41And it does not say that.

00:41:43These charges

00:41:44of blackmail

00:41:45are stupid

00:41:45brought deliberately

00:41:46to make

00:41:47a colourful story

00:41:49so that he can sell it

00:41:50to the highest person.

00:41:51Well, we'll never mind

00:41:52about that now.

00:41:53But did you have difficulty

00:41:54in finding

00:41:55where his hiding place was?

00:41:57Not at all.

00:41:58Everyone knew where he was.

00:41:59What do you mean?

00:41:59He was staying

00:42:00with his cousins.

00:42:00Everyone knew that.

00:42:02And there was

00:42:02no real threat to him.

00:42:05There is no real risk

00:42:06of deportation.

00:42:08It's very slight.

00:42:10Members of the jury,

00:42:11under recent regulations,

00:42:13the Home Secretary

00:42:14may use his discretion

00:42:15over deportation

00:42:17and take note

00:42:17of any compassionate grounds.

00:42:19Yes, my Lord.

00:42:21And here is

00:42:22much compassionate grounds.

00:42:23Mr. Ali is married.

00:42:24He has a family.

00:42:25He is using these words

00:42:26in hiding and deportation

00:42:28as colour

00:42:30to his article.

00:42:31There was no real threat.

00:42:32Even if the police...

00:42:33No, not you!

00:42:34Mr. Ali,

00:42:35you will remain silent.

00:42:38This is a point

00:42:39I can deal with

00:42:40in my summing up.

00:42:41Let's pass on

00:42:41to other matters,

00:42:42Mr. Parsons.

00:42:43Measure, please, Manu.

00:42:45Well, let us

00:42:46turn to the journey

00:42:47from Pakistan,

00:42:48Mr. Aslan,

00:42:48the one you arranged

00:42:49for Mr. Ali.

00:42:50Yes.

00:42:51What were the

00:42:51financial arrangements?

00:42:53600 pounds

00:42:54to cover

00:42:55the entire trip

00:42:56except for

00:42:57the North Sea crossing.

00:42:59Yes, the crossing

00:42:59was not included.

00:43:01No.

00:43:02Now, why was that?

00:43:03Because I did not know,

00:43:04then,

00:43:05how much it would cost.

00:43:06Apparently,

00:43:07it varies from week

00:43:08to week

00:43:08according to

00:43:09how dangerous

00:43:09is the risk

00:43:10of being caught.

00:43:11One week,

00:43:11it may be 50 pounds,

00:43:13the next 500.

00:43:14Yes, I see.

00:43:15Now, I must turn

00:43:16and ask you

00:43:17about your arrangements

00:43:18with Mr. Wheeler.

00:43:20Oh, dear me.

00:43:20Yes, quite so.

00:43:22Well, the arrangements

00:43:24always was

00:43:24that the passengers

00:43:26should pay him

00:43:27direct themselves.

00:43:28But you did

00:43:29teleport him

00:43:30just three hours

00:43:31before he left

00:43:32for Holland.

00:43:32Only to say

00:43:33I could not get

00:43:34to Whitby myself.

00:43:35So, during that

00:43:35conversation on the phone,

00:43:36you never made

00:43:37any change

00:43:37in the financial arrangements?

00:43:39Not at all.

00:43:40No.

00:43:40Now, you've heard

00:43:42Mr. Wheeler say...

00:43:44I don't think

00:43:44we should pay much

00:43:45regard to Mr. Wheeler's

00:43:46evidence.

00:43:47He so commendably

00:43:48stated he could

00:43:49not remember.

00:43:50Yes, but my lord,

00:43:51I do think

00:43:51it might help the jury.

00:43:53Well, it's up to you,

00:43:53Mr. Parsons.

00:43:54It's really a waste of time.

00:43:57You should not

00:43:58should please us.

00:44:00Mr. Aslam,

00:44:01a few weeks ago,

00:44:02you were convicted

00:44:03of aiding and abetting

00:44:04the illegal entry

00:44:05of some of your

00:44:06fellow immigrants

00:44:06into Great Britain.

00:44:09Yes.

00:44:10Now, will you please

00:44:11tell us why you did this?

00:44:14I was sorry for them.

00:44:16Yes.

00:44:16You wanted to help them?

00:44:18Yes.

00:44:19They all had relatives here

00:44:20and those relatives

00:44:21came to see me

00:44:22through the Immigrant Council.

00:44:23They were all

00:44:23most distressed.

00:44:26All of these men

00:44:26were Commonwealth citizens

00:44:28and, in my view,

00:44:29have a moral right

00:44:30to the protection

00:44:31of the Lord...

00:44:32Let's not go into

00:44:33the moral rights.

00:44:34All I want to establish

00:44:35is that you did this

00:44:36to help them.

00:44:37Yes.

00:44:38Yes, you didn't do it

00:44:38as a business venture.

00:44:39Oh, no.

00:44:40I lost money on it.

00:44:42You lost money?

00:44:43Yes.

00:44:43How much did you lose?

00:44:44£23.63p

00:44:47on each person.

00:44:48But you're a careful

00:44:49businessman.

00:44:51I miscalculated.

00:44:53Hmm.

00:44:54Now, you have seen

00:44:56the private account books

00:44:58for 1970

00:44:59which have been

00:45:00brought in in evidence.

00:45:01Yes.

00:45:02Now, it contains

00:45:02a calculation

00:45:03which could imply

00:45:05a profit.

00:45:05Oh, that was my

00:45:07very first estimate.

00:45:08It means nothing.

00:45:08I have told the police.

00:45:10Yes, but it did include

00:45:10a figure for the crossing

00:45:12from Zanford.

00:45:13A guess.

00:45:14Which turned out

00:45:15to be correct.

00:45:16I often am.

00:45:18Yes, indeed,

00:45:18Mr. Eslam.

00:45:20Now, Mr. Eslam,

00:45:21is it not a fact

00:45:22that you have been

00:45:23honoured four times

00:45:24by the city of Fulchester

00:45:26for your voluntary work

00:45:28among immigrants?

00:45:29Yes.

00:45:30Yes.

00:45:30And is it also true

00:45:32that the conviction

00:45:33brought against you

00:45:34for helping your fellow

00:45:35countrymen

00:45:35into the country

00:45:36is the only conviction

00:45:37you've ever had

00:45:38brought against you?

00:45:39Yes.

00:45:40And is your wealth

00:45:41and income such

00:45:42that blackmail

00:45:44for such trivial sums

00:45:45is ludicrous?

00:45:47Yes.

00:45:48And is the charge

00:45:49of blackmail

00:45:49now brought against you

00:45:51totally without foundation?

00:45:53It most certainly is.

00:45:56Thank you, Mr. Eslam.

00:46:00Then would you tell us,

00:46:01Mr. Eslam,

00:46:02why in 1948

00:46:03in Pakistan

00:46:04you were imprisoned

00:46:05and served

00:46:06three years hard labour?

00:46:10Oh, my lord,

00:46:11that is totally inadmissible.

00:46:12Well, I must admit

00:46:13that I am surprised too,

00:46:14but as you put in

00:46:15the good character

00:46:16of your client,

00:46:17Mr. Golding is at liberty

00:46:17to challenge it

00:46:18if he feels he has grants.

00:46:20It's a conviction

00:46:20in the foreign court

00:46:21outside the jurisdiction

00:46:22of the English law.

00:46:23Oh, it's quite admissible,

00:46:24Mr. Parsons.

00:46:24Any foreign conviction

00:46:25would be.

00:46:26And anyhow,

00:46:27Pakistan law

00:46:27is basically English law

00:46:29and 1948

00:46:29was almost identical to it.

00:46:31As you, Mr. Golding,

00:46:32you have the relevant papers.

00:46:34I have a certified copy

00:46:35of the entry

00:46:36in the Calate District

00:46:37Court of Sessions record,

00:46:38my lord.

00:46:38In fact,

00:46:39I have several copies.

00:46:40But in any case,

00:46:41I am entitled

00:46:41to ask Mr. Eslam

00:46:43whether it is true.

00:46:44Yes, please continue.

00:46:47Mr. Eslam,

00:46:48will you tell the court

00:46:49what the charge was

00:46:50for which you were convicted?

00:46:52My lord,

00:46:53I must protest most strongly.

00:46:54In 1948,

00:46:55the Pakistani legal system

00:46:57had severed itself

00:46:58from the English law

00:46:59that they went their own way

00:47:00and independence

00:47:01which was surely

00:47:02at least a year before.

00:47:03Mr. Parsons,

00:47:05it is admissible.

00:47:10What was the charge?

00:47:13It is a complex matter

00:47:15which cannot easily

00:47:16be explained.

00:47:17Was the charge blackmail?

00:47:18But the circumstances

00:47:19were so completely different.

00:47:21It was blackmail,

00:47:22wasn't it?

00:47:22Yes.

00:47:26The case of the Queen against Aslam

00:47:54will be resumed tomorrow in the Crown Court.

00:48:24At 9 o'clock on a June evening, Aga Ali, a Pakistani living in Fulchester, walked into the central

00:48:40police station and confessed that he was an illegal immigrant.

00:48:44He claimed he was being blackmailed with exposure to the police, and after investigation the

00:48:48police arrested the man who had arranged his journey from Pakistan, Mohammad Aslam, on

00:48:53this charge.

00:48:54He's pleaded not guilty.

00:48:55We returned to the hearing shortly after the Prosecution Council had established that Aslam

00:49:00had previously served a term of imprisonment for blackmail, which had attempted to hide

00:49:04from the court.

00:49:05My lord, I now have had an opportunity of consulting my client on the matter of his 1948 conviction.

00:49:12He wishes to apologise for misleading your lordship and the jury for stating that he had no convictions

00:49:18prior to 1973.

00:49:20This is because he genuinely believed that any conviction outside the jurisdiction of the English

00:49:26courts of law did not count.

00:49:29He now realises that this is indefensible and wishes to apologise for misleading the court.

00:49:34And of course he realises that he must now answer questions on this matter.

00:49:39Very well.

00:49:41Mr. Gelding.

00:49:42Mr. Aslam, will you tell us please the circumstances of your 1948 conviction?

00:49:49Well, I was a young man and I got caught up with some very bad sorts.

00:49:55We demanded money from a black market man.

00:49:58Black market?

00:49:59What was this man dealing in?

00:50:01Butter.

00:50:02He was buying and selling butter on the black market.

00:50:04So he was breaking the law?

00:50:06Oh, yes.

00:50:07And you threatened him with exposure to the police unless he paid you money?

00:50:12Yes, but there were five of us.

00:50:14I was only one of five.

00:50:15And how did you come to be exposed and convicted?

00:50:18He was cleverer than us.

00:50:23Also, he was Assistant Chief Magistrate of Khaled District.

00:50:27Oh, I see.

00:50:28My lord, this is the complete story and I have no other convictions.

00:50:33I realise the unfortunate similarity to what I am now being charged, but I came to this

00:50:40country because I wished to turn over a completely new leap from all that.

00:50:44Well, let us see how far you have succeeded.

00:50:46You gave us a list of your businesses, Mr. Aslam.

00:50:49Yes.

00:50:50Was it exhaustive?

00:50:51I do not understand.

00:50:53Well, you mentioned a dazzling array.

00:50:56A laundromat, ice cream vans, insurance, private hostels, confectionery factory, snack bar, minibus, petrol service station, market stalls and some slot machines.

00:51:06Now, is that all?

00:51:07And a funeral service.

00:51:08Is that all?

00:51:09I think so.

00:51:11You think so?

00:51:12You think so?

00:51:13Yes, I am sure it is.

00:51:14What about the Crown Finance Company of Folchester?

00:51:16Oh, yes.

00:51:17Ah, yes.

00:51:18You remember now.

00:51:19You forgot to mention that, didn't you?

00:51:20I was including that in the insurance company.

00:51:22Is it an insurance company?

00:51:24Not strictly...

00:51:25No.

00:51:26It is a money lending company, isn't it?

00:51:28And a mortgage company.

00:51:30Yes.

00:51:31And is it not a fact that the majority of applicants to your Immigration Council seeking advice on where to get mortgages are referred to it?

00:51:39Some are.

00:51:40The majority?

00:51:42Perhaps.

00:51:44And who refers them?

00:51:47Sometimes it is...

00:51:48You do, don't you?

00:51:50You personally refer them to the Crown Finance Company and you do not tell them that it is your own company.

00:51:57And how much interest do you charge them?

00:52:00Take your time, Mr. Aslan.

00:52:03There is a sliding scale.

00:52:05Mostly sliding upwards, I understand.

00:52:08I have here the deed of a mortgage you granted to a Mr. Singh Patan in 1968 for £3,000.

00:52:14And here is another for £3,500 granted to Mr. Ali on his house in Brittham Street.

00:52:20And the rate of interest quoted on both is 18%.

00:52:2518% Mr. Aslan.

00:52:27Many mortgages are almost at that figure.

00:52:29They are now, yes.

00:52:30But in 1968 it was grotesque.

00:52:32Not under the circumstances.

00:52:34It was not gross exploitation?

00:52:35No.

00:52:36Your fellow immigrants, your fellow Pakistanis, who presumably have a great deal of difficulty in getting mortgages, come to you in good faith and you charge them way over the standard rate.

00:52:46It is business.

00:52:47There is a risk.

00:52:48It is supply and demand.

00:52:49Exactly so.

00:52:50And if the demand is great enough you can charge whatever you like.

00:52:53The sky is the limit.

00:52:54You do not understand.

00:52:55I think we do, Mr. Aslan.

00:52:56I think we understand with blinding clarity.

00:53:00In all of my ventures I believe you must make a small profit, however small.

00:53:05My lord, it is to do with the self-respect and the dignity of the men you are dealing with.

00:53:12And the 98 hours a week for a pittance in a restaurant, was that to do with the dignity and self-respect of the unfortunate immigrants you had over a barrel?

00:53:19I can see it must have been good business practice.

00:53:22I put it to you that it was exploitation of the very worst sort.

00:53:25Exploitation of men who can have no say in the matter, who cannot complain, and who are in a situation which they cannot go to the police about, and whom, in fact, you have totally in your power.

00:53:35This is the grossest twisting of the facts.

00:53:37Oh, is it, Mr. Aslan?

00:53:38Is it indeed?

00:53:39And is that why you threatened to expose Mr. Ali to the police if he did not pay up?

00:53:44I have already said that was to obtain advice about debt payment.

00:53:47But a man with your experience of small businesses over 22 years and the greatest variety of them, surely you must know by heart the laws and procedures as to the collection of small debts.

00:53:57Oh, no.

00:53:58You seriously expect us to believe that?

00:54:00Yes, if a debt was owed to any of my companies, the manager of that particular company dealt with it. I never dealt with things like that myself.

00:54:09Your solicitor, then, could he not have advised you?

00:54:12About an illegal debt?

00:54:15But surely the same argument applies to the police, if not more so. You surely couldn't have asked them.

00:54:20On the contrary, they are almost most helpful. Walk into any police station and they will advise you about anything.

00:54:25And they do not press you to give names and details like that.

00:54:29And this threat of exposure to the police, of Mr. Ali's whereabouts, was nowhere in your mind when you wrote this?

00:54:35No.

00:54:36You are certain of that?

00:54:37It is the truth.

00:54:39Then listen to this phrasing, Mr. Aslam. Listen to what you actually wrote.

00:54:45In default of prompt payment, I shall be forced to consult the police about you.

00:54:50Not forced to consult the police about it, Mr. Aslam, but about you.

00:54:54No.

00:54:55That is complete nonsense.

00:54:56You are giving the letter a meaning it does not have.

00:54:58Well, that seems to be a matter of opinion, doesn't it?

00:55:00I am sure the jury will be able to decide about that.

00:55:03Now, this matter of your alleged wealth and your income.

00:55:07I have been provided with some of your books and accounts and balance sheets, Mr. Aslam.

00:55:11They are all kept most admirably and in the fullest detail.

00:55:13It is good business practice.

00:55:15You never delay.

00:55:16You believe in accuracy and punctuality.

00:55:18Yes.

00:55:19Then why did you delay two and a half years before making this demand?

00:55:25What?

00:55:26Now, it is a perfectly simple question.

00:55:29You believe in promptness.

00:55:31Now, this debt of 60 pounds was incurred in 1970.

00:55:34Now, Mr. Ali was clearly in a position to pay you the whole of this debt in both 1971 and 1972.

00:55:40So, why delay pressing your claim until 1973?

00:55:44I cannot say.

00:55:47You cannot say?

00:55:49Two and a half years delay and you cannot say why?

00:55:53Come now, Mr. Aslam.

00:55:54The reason is perfectly plain, is it not?

00:55:56My lord, perhaps I can help you.

00:55:58I have advised my client about the rules of evidence with particular regard to hearsay.

00:56:03That is why it is being most punctilious in not answering this question.

00:56:07My next witness is Mrs. Aslam, who will explain the delay for the demand.

00:56:12But since Mr. Aslam...

00:56:13My wife was threatened.

00:56:15That is the reason.

00:56:16Threatened by who?

00:56:18Uh...

00:56:20It is quite proper for you to tell us.

00:56:24By...

00:56:26Mr. Wheeler.

00:56:28Wheeler?

00:56:29The master of the boat?

00:56:30Yes.

00:56:31Yes.

00:56:32He came to Fullchester in July.

00:56:33He came to my house.

00:56:34There was violence.

00:56:35You were not present?

00:56:36Oh, no.

00:56:37When did you find out about this violence?

00:56:39When I returned about an hour after.

00:56:42That is why I immediately wrote to Mr. Wheeler asking for money to pay to...

00:56:47I mean, I immediately wrote to Mr. Ali asking money to pay to Mr. Wheeler.

00:56:51But surely with this risk of violence and all the rest of it, surely you could have paid Mr. Wheeler yourself and then, if necessary, got the money back from Mr. Ali.

00:56:58Oh, no. That would not be good business practice.

00:57:00But you did not owe the money.

00:57:01That is correct.

00:57:02Then why did you demand it? Why did you not refer Mr. Wheeler to Mr. Ali?

00:57:06I felt I had to do something to help.

00:57:11You felt you had to do something to help?

00:57:14Really, Mr. Aslam, you astonish me.

00:57:17After all we have heard this afternoon about your various business practices, do you seriously raise your own moral standards as a defence?

00:57:25Yours may be different.

00:57:27I hope they are.

00:57:29Mr. Goldie.

00:57:31I apologise, my lord. I assume we shall be hearing from Mrs. Aslam precisely how serious this threat to her was.

00:57:38Indeed you will.

00:57:40In that case, my lord, I have no further questions.

00:57:43I will be re-examination, my lord.

00:57:46You may return to the dock, Mr. Aslam.

00:57:49Thank you, my lord.

00:57:53I call Mrs. Rosemary Aslam.

00:57:56Rosemary Aslam, please.

00:58:01You are Mrs. Smith.

00:58:21you are mrs rosemary aslam and you live with the defendant at highlands road

00:58:34footer star yes how long have you been married mrs. aslam 12 years are there any children yes

00:58:42four mrs. aslam would you care to give your evidence sitting thank you very well then

00:58:48please speak up so the jury can hear you yes now mrs. aslam i see you've a mark on your cheek

00:58:55it's a scar yes can you please tell us how you received that a man came to the door yes

00:59:04he said he wanted to see my husband i told him he wasn't in he said he would wait but i said no

00:59:12he couldn't now let's be quite clear about this when was this one day last summer yes can you

00:59:18be a little more exact than that well july the 21st yes thank you so the man rang the bell or did

00:59:26he knock he rang the bell yes and you answered and he asked for your husband and you said he wasn't in

00:59:31what happened then it became violent he started shouting and banging things about it he pushed

00:59:40past me into the house and started knocking things over yes did you recognize him no i didn't never see

00:59:46him before no now did he say why he wants to see your husband something to do with some money he owed

00:59:54him did he say what for something about a boat did you know what he was talking about no i don't know

01:00:01anything about my husband's business affairs i see so this man pushed his way into the house and started

01:00:06knocking things over yeah well into the hall this was he went into the hall it's really a room with

01:00:12furniture you know i tried to stop him i got hold of him but he was very strong and he was shouting he

01:00:20went quite mad anyhow he pushed me against his cabinet thing my husband has it's got china in it and that

01:00:28sort of thing and i cut my face on it yes exactly how did you do that well it has sharp edges you know on

01:00:37the top and they made this nasty scar you have there yes yes did it bleed oh yes now what happened

01:00:48then well when he saw what he had done what did i do she's lying it's absolute lies quiet but my love

01:00:57it's a lot of lies it's that unless you're silent i'll have you removed sit down uh mrs aslan when he saw

01:01:06what he'd done it seemed to quieten him down he said to tell my husband he'd been and he wanted his

01:01:13money and he'd be back and then he went yes and of course when your husband came home you told him

01:01:19all about this yes so what did he do he went straight to his room and i heard him typing the

01:01:25letter to mr alley yes thank you mrs aslan no further questions he didn't take you to a doctor mrs aslan

01:01:33no it looks as though it must have been a very nasty gash to me why didn't you go to a doctor

01:01:38it had stopped bleeding by then and you never saw a doctor about it at any stage no curious well when

01:01:48did it stop bleeding oh after he left immediately after he left well half an hour after before my

01:01:57husband came back why didn't you go to a doctor yourself or a hospital for that matter immediately

01:02:02after the incident i was frightened i didn't want to cause a fuss oh but you phoned the police of

01:02:09course no why ever not i didn't think of it a man bursts into your house a complete stranger he

01:02:18assaults you he smashes up all your furniture and it doesn't occur to you to call the police

01:02:21yes i was waiting for my husband before deciding what action today yes well why didn't you phone

01:02:28him i didn't know where he was but he must have some sort of central office or secretary where he

01:02:35may be contacted i don't think so you don't think so you don't know he does it all from here i mean

01:02:42from home please don't shut up so you waited an entire hour in your smashed house with a bleeding

01:02:49face doing nothing but waiting for your husband i cleared it up it was in a terrible mess i cleared

01:02:55it all up he would have been angry to have seen all that are you happily married mrs aslan

01:03:00don't know what you mean well some marriages are happy and successful and others are not

01:03:08yes it is it is a happy marriage yes plenty of give and take well my husband's a businessman he works

01:03:20very hard indeed i clean his house for him besides yes

01:03:25he believes that the husband should not discuss business with his wife

01:03:32and you accept this

01:03:34i'm his wife

01:03:36hmm i noticed you took the oath as a muslim

01:03:39yes what religion were you brought up

01:03:41methodist and you changed it on your marriage

01:03:45now in islam i believe there is a strong emphasis on the absolute obedience of a wife to her husband

01:03:51there is

01:03:52even to the point of lying on oath

01:03:55well let me put it another way i suggest to you that mr wheeler did come to your house and that

01:04:01he was very angry but that you were not hurt on that occasion now i suggest that your husband put

01:04:06you up to this whole story and that the injury was sustained on another occasion altogether

01:04:10but that he suggested or rather told you to say that it was caused by mr wheeler don't shout out

01:04:16is it not true no

01:04:17how on earth could you possibly know who your husband was writing to

01:04:23what

01:04:24well you say that when you told him what had happened he immediately went into his study and wrote to mr ali

01:04:30i heard him typing

01:04:33but what made you think this was due to this alleged assault

01:04:36after all he hadn't taken much notice of your injuries had he

01:04:38he was writing a letter

01:04:41but you said to ali

01:04:42well he told me it was to ali he told me after he said it was for the money

01:04:46oh then he does discuss his business affairs with him

01:04:49well just this once yeah he was so upset

01:04:51at your injuries

01:04:52yes no

01:04:53at everything

01:04:56but you didn't know who ali was

01:04:58i'd heard of him

01:05:00in connection with business

01:05:02no in the papers

01:05:04he was often in the papers

01:05:06i knew who he was

01:05:07he told me the money was owed by ali

01:05:09your husband bullies you doesn't he mrs aslam

01:05:16and he bullied you into lying here today

01:05:19how does he bully you

01:05:23does he shout at you

01:05:26no further questions my lord

01:05:33no examination my lord

01:05:36thank you mrs aslam

01:05:38you may leave the witness box

01:05:40my lord

01:05:46when i cross-examined the witness wheeler

01:05:49i was unaware that this alleged assault

01:05:51was the reason to be put forward

01:05:53for the sending of these letters

01:05:54after two and a half years delay

01:05:56with your lordship's permission

01:05:57i should like to recall mr wheeler

01:05:59mr parsons

01:06:00no no objections my lord

01:06:02mr wheeler will you please enter the witness box again

01:06:06i must remind you that you are still on oath

01:06:09yes sir

01:06:10mr wheeler

01:06:14did you visit the accused house on july the 21st last year

01:06:17yes i did

01:06:19i got fed up with not being paid properly

01:06:22and put off with this excuse and that

01:06:24he never answered my letters

01:06:25so i just got on a train and came down to falchester

01:06:29and turned up at the house just like she said

01:06:31but i did not assault her or strike her or hit her or break anything

01:06:35and none of that nonsense

01:06:36you did get angry

01:06:38well weren't you

01:06:39did you get angry mr wheeler

01:06:41yes i did get fed up steamed up a bit

01:06:43but there were none of that and look what she was saying i never touched her

01:06:45you saw no sign of injury to her face

01:06:47i saw none

01:06:47and you certainly didn't see any blood

01:06:49absolutely not i never got past the door

01:06:51she just stood there saying that i couldn't see him and didn't know where he was and all that

01:06:55now i admit i shouted at her and perhaps i banged the door and then i went off

01:07:00you never entered the house

01:07:02no she had one of these chains on where the door opens a few inches

01:07:06we just stood staring at her seat and threw the crack

01:07:08thank you mr wheeler

01:07:10you are a violent man are you not mr wheeler

01:07:14me i don't know what you mean

01:07:16well i mean you've admitted losing your temper from time to time you yourself describe it as seeing red

01:07:21perhaps

01:07:22perhaps

01:07:23perhaps

01:07:24well didn't you strike mr arley in the back of the head with a landing hook during a fracas on your boat

01:07:29yes but

01:07:31but i don't know if i got in the house all right

01:07:34you see i suggest to you that you turned up at the aslam's house in a furrow temper

01:07:39and when mr aslam wasn't there and mrs aslam seemed not to be very helpful you lost it completely

01:07:45no

01:07:46you did smash the furniture about and you did perhaps accidentally cause mrs aslam to fall against the cabinet as she is described

01:07:54if i gassed a woman's face if i'd have done that what she's got on her face i'd remember it till the bull's noon

01:08:01whatever that means

01:08:04no further questions

01:08:06thank you mr wheeler

01:08:08thank you you may go

01:08:10thank you

01:08:17ladies and gentlemen of the jury

01:08:19it falls to me to instruct you as to the law

01:08:23in this matter

01:08:25the charge of blackmail

01:08:27on which the defendant stands accused

01:08:29is laid down in the

01:08:31theft act of 1968

01:08:34as follows

01:08:35a person is guilty of blackmail

01:08:39if with a view to gain for himself

01:08:41he makes an unwarranted demand with menaces

01:08:44and for this purpose a demand with menaces is unwarranted

01:08:48unless the person making it does so in the belief that a

01:08:52he has reasonable grounds for making the demand

01:08:55and b

01:08:56that the use of the menaces is a proper means of reinforcing that demand

01:09:01now the defense does not deny the demand was made

01:09:05but says mr aslam believed he had real grounds for making the demand

01:09:10and did not employ menaces within the meaning of the act

01:09:15now in assessing that defense

01:09:17you will no doubt take account of the fact

01:09:19that the alleged payment demanded was for an illegal service

01:09:24namely the means of illicit entry into this country

01:09:28you might then think that this demand could in no way be called reasonable

01:09:35you might also think that even if the defendant had real grounds for demanding payment

01:09:41it is unlikely that he would expose his organization to the scrutiny of the police

01:09:47in seeking their cooperation for the recovery of a bad debt

01:09:53it is up to you to decide on the basis of the facts alone

01:09:57whether the prosecution has satisfied you beyond reasonable doubt

01:10:02on these two points

01:10:05now another point

01:10:07which bears on the question of menaces

01:10:11when the house of lords made its July decision

01:10:14which changed the status of many legal residents of this country

01:10:18to that of illegal immigrants with no right in law to remain here

01:10:22they added a rider

01:10:25that the home secretary should exercise discretion

01:10:29if there were compassionate grounds such as a family

01:10:32then a more lenient view might be taken

01:10:36thus it follows that the threat of exposure to the police

01:10:41if it was made

01:10:43though unpleasant

01:10:44would by no means start an irresistible process of law

01:10:48culminating in Mr. Ali's expulsion from these shores

01:10:55you will now retire and consider your verdict

01:10:58all stand

01:10:59members of the jury will your foreman please stand

01:11:16just answer this question yes or no

01:11:18have you reached a verdict on which you are all agreed

01:11:20yes

01:11:21do you find the accused Mr. Mohamed Aslam guilty or not guilty of blackmail

01:11:26guilty

01:11:27is that the verdict of you all

01:11:28it is

01:11:29Mr. Aslam

01:11:32you have been found guilty

01:11:34and in my opinion rightly so

01:11:36of the crime of blackmail

01:11:39in the circumstances there can be no question of leniency

01:11:43you are exploiting the miseries and misfortunes of your fellow countrymen in a minority section of the community

01:11:49men who originally came to you in need

01:11:53on this charge you will go to prison for five years

01:11:58take him down

01:12:00next week a chance for you to join another jury when our cameras return

01:12:03to watch a leading case in the Crown Court

01:12:06the Queer of the New York City

01:12:08and the jury is after the night

01:12:09the jury is on the floor

01:12:14the jury is on the floor

01:12:17to ask for you to join another jury

01:12:21in your own life

01:12:23the jury did not perish

01:12:26is not good

01:12:28and keep it

01:12:29so

01:12:32the jury

Crown Court - With Menaces (1974)

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