Skip to playerSkip to main content
  • 2 days ago
Sylvia Turner, a prostitute, was arrested for soliciting for an immoral purpose, but found not guilty. The police were not satisfied with the result and arrested her for perjury at her original trial. Richard Wilson, Sharon Duce and Myra Frances star.

Category

📺
TV
Transcript
00:00:00Transcription by CastingWords
00:00:30We'll have to work on the assumption that the trial will go ahead.
00:00:32Yeah, but that's not fair.
00:00:33Well, we'll see. I'm afraid there's been a very recent judgment against our point in the House of Lords.
00:00:37What do they know about it?
00:00:39The law.
00:00:40But they're just there to support police.
00:00:42Well, we'll try.
00:00:43Now, you'd better go and report to the policeman, and good luck.
00:00:46Oh, thank you.
00:00:50Pretty girl.
00:00:52Well, you've got her address in your brief. I think her rates are competitive.
00:00:56Well, I don't think she'll be available for quite a few months.
00:01:00If the trial goes ahead at all...
00:01:02Oh, I think it will.
00:01:03Sylvia Turner, on this indictment, you were charged with perjury, contrary to Section 1 of the Perjury Act, 1911.
00:01:18The particulars are that on the 16th of May, 1976, in the Fultest of Magistrates' Court,
00:01:23you knowingly gave false evidence on oath that on the 12th of February, 1976, you were not soliciting for immoral purposes,
00:01:30but as, in fact, you were.
00:01:32How do you plead to this charge? Are you guilty or not guilty?
00:01:35Not guilty.
00:01:36My lord, I request that you dismiss this charge on the grounds that it is oppressive and an abuse of this court and a process of law.
00:01:45I should like to urge...
00:01:46Before you urge anything, Miss Scott, should we not ask the jury to retire?
00:01:52Well, as your lordship pleases.
00:01:53However, the defence is perfectly willing for the jury to hear all the argument.
00:01:56In certain circumstances, we feel it might help the defence and the process of justice.
00:02:01Hmm.
00:02:03While asking the jury to note that the defence and the process of justice are not necessarily the same thing.
00:02:11Well, I have no objection to allowing the jury to remain.
00:02:15Mr Parsons?
00:02:16I have no objection, my lord.
00:02:17Very well.
00:02:19Members of the jury,
00:02:21you are about to hear a legal argument between counsel
00:02:24as to whether this trial should proceed at all.
00:02:29It is not part of the trial
00:02:30in the sense that you have to decide anything.
00:02:34Normally, you would retire at this point.
00:02:37But the defence counsel has requested
00:02:38that you should remain
00:02:40and I have decided to allow it.
00:02:43Miss Scott.
00:02:46In today's trial for perjury,
00:02:48the jury has been selected from members of the public
00:02:50whose names appeared on the electoral register
00:02:52and who are eligible for jury service.
00:02:55Mr Parsons appears for the prosecution
00:02:57and Miss Scott for the defence.
00:02:59Mr Justice Crowther-Smith presides in the case of the Queen against Turner.
00:03:07My lord,
00:03:08this charge arises out of the events at a trial
00:03:11in Fulchester Magistrates Court.
00:03:13Miss Turner was tried for a crime
00:03:14for which she was found not guilty.
00:03:17The police re-arrested her
00:03:18and have charged her with perjury
00:03:19on the basis of her evidence.
00:03:22My lord,
00:03:22it is a long-standing principle in common law
00:03:24that a person should not stand in double jeopardy,
00:03:27that he should not
00:03:28subsequently be tried for an offence
00:03:30for which he has been found not guilty.
00:03:32I would submit, my lord,
00:03:34that bringing a charge of perjury
00:03:35on the basis of the defendant's evidence
00:03:37amounts exactly to this
00:03:38and therefore the charge is
00:03:40abusive and oppressive.
00:03:43Mr Parsons.
00:03:43My lord,
00:03:45I'm sure your lordship would be well aware
00:03:47of the recent case of Regina v. Humphreys
00:03:49in the House of Lords.
00:03:51I have the weekly law report
00:03:53dated June 4th, 1976, here.
00:03:55Now, in that case,
00:03:56their lordships unanimously decided
00:03:59that in a very similar case,
00:04:01that is a case of perjury
00:04:02arising out of another trial,
00:04:04that the case was properly brought
00:04:06and that the issue is toppled
00:04:08does not apply in criminal law.
00:04:10In particular,
00:04:11Lord Salmon said
00:04:12that in his view
00:04:13the issue would be
00:04:14inappropriate,
00:04:16artificial and unnecessary.
00:04:18Now, in any case, my lord,
00:04:20the issue does not apply here.
00:04:21The defendant was found
00:04:23not guilty of prostitution
00:04:25and here she is charged with perjury.
00:04:27My lord,
00:04:28in my learned friend's anxiety
00:04:29to use the word prostitution,
00:04:31he seems to have overlooked
00:04:32the fact that prostitution
00:04:33is not an offence in English law
00:04:35and therefore my client
00:04:36could not have been found
00:04:37not guilty of committing it.
00:04:39If my learned friend will bear with me,
00:04:40I will concede
00:04:41that she was found not guilty
00:04:42of soliciting for an immoral purpose.
00:04:44It doesn't roll so cuttingly
00:04:46off the tongue as prostitution,
00:04:47but in all accuracy,
00:04:48that was what the court
00:04:49found she hadn't done.
00:04:51My lord,
00:04:52I am, of course,
00:04:52grateful to my learned friend
00:04:54for her conviction.
00:04:55However,
00:04:56scoring points aside,
00:04:57the main point stands.
00:04:59I have here
00:05:00the law report.
00:05:01Have you anything further
00:05:03to say, Miss Scott?
00:05:04No, my lord,
00:05:05I too have the report here
00:05:06and I can see nothing in it
00:05:07which would make it improper
00:05:08for your lordship
00:05:09to dismiss this case.
00:05:10I see.
00:05:12Well,
00:05:14it will surprise
00:05:14neither of you,
00:05:16I hope,
00:05:17to learn that I too
00:05:18have studied that report
00:05:19very carefully
00:05:20and it seems quite clear
00:05:21to me from their lordship's judgment,
00:05:24whatever may have been
00:05:25commonly thought before,
00:05:27that this case
00:05:28is perfectly properly brought.
00:05:30even if the defendant
00:05:33was found not guilty
00:05:35in a previous case,
00:05:37I shall have to accept
00:05:38the same evidence again
00:05:39in this case.
00:05:41Lord Sammott said
00:05:42quite specifically
00:05:43that a judge,
00:05:45and I quote,
00:05:49that a judge had not
00:05:51and should not appear
00:05:52to have any responsibilities
00:05:54for the institution
00:05:55of prosecution,
00:05:56nor had a judge
00:05:57any power to refuse
00:05:59to allow a prosecution
00:06:00to proceed
00:06:01merely because he considered
00:06:02that as a matter of policy
00:06:04it should not have been brought.
00:06:07So,
00:06:08unless and until
00:06:09Parliament enacts
00:06:10a new law,
00:06:11it is quite clear to me
00:06:12that I must allow
00:06:14this trial to proceed.
00:06:16My lord,
00:06:17I accept, of course,
00:06:18as I must,
00:06:18your judgment.
00:06:20However,
00:06:20I hope your lordship
00:06:21will allow me to point out
00:06:22to the jury
00:06:23as this trial proceeds
00:06:24where I believe
00:06:25the prosecution
00:06:25is vexatious
00:06:26and abusive,
00:06:28a case where
00:06:28the noble lord said
00:06:29a judge could intervene.
00:06:32You may raise points
00:06:33as you think fit,
00:06:34Miss Scott.
00:06:35Thank you, my lord.
00:06:36And I will rule upon them
00:06:37as I think fit.
00:06:39Of course, my lord.
00:06:40Mr Parsons?
00:06:41Lord,
00:06:43members of the jury,
00:06:44you will have gathered
00:06:45this is a most unusual case.
00:06:49Briefly,
00:06:49it arose like this.
00:06:51The defendant,
00:06:52Sylvia Turner,
00:06:52was arrested
00:06:53for soliciting
00:06:55for an immoral purpose.
00:06:57She was tried
00:06:58at a Fultzton magistrate's court
00:06:59where she pleaded
00:07:00not guilty.
00:07:01She gave sworn evidence
00:07:03in support of her plea
00:07:04and was found
00:07:05not guilty.
00:07:06However,
00:07:07the police were not satisfied
00:07:09that justice had been done
00:07:10and they continued
00:07:11their investigations.
00:07:13They gathered evidence
00:07:14that Miss Turner
00:07:14had in fact committed
00:07:16perjury during the trial.
00:07:18She was charged
00:07:18and arrested
00:07:19and she appears here
00:07:20to answer
00:07:22those charges.
00:07:23Now,
00:07:24I want you to remember
00:07:25that we are not here today
00:07:27to try Miss Turner
00:07:28for soliciting
00:07:29for an immoral purpose
00:07:30but what we do say is
00:07:32that she committed perjury
00:07:34when she said
00:07:35she was not.
00:07:36Now,
00:07:37at the magistrate's court
00:07:38the police called
00:07:38only one witness,
00:07:39Police Constable Wilkins.
00:07:41We will be calling
00:07:42other witnesses
00:07:43to establish
00:07:44beyond doubt
00:07:45that Miss Turner
00:07:46was soliciting.
00:07:48However,
00:07:49first of all,
00:07:50I will call
00:07:51the arresting officer.
00:07:52I call
00:07:53Police Constable Wilkins.
00:07:57Constable,
00:07:58will you tell
00:07:59the court
00:07:59the details
00:08:00of your arrest
00:08:01of Miss Turner
00:08:02on February 12th?
00:08:04May I use my notebook,
00:08:05my lord?
00:08:06Were your notes
00:08:07made at the time?
00:08:08About ten minutes after.
00:08:10Very well.
00:08:11Thank you, my lord.
00:08:13I was in a panda car
00:08:14parked at the junction
00:08:16of Filing Street
00:08:16and High Street,
00:08:17Fulchester
00:08:17when I saw
00:08:19the defendant,
00:08:19Miss Sylvia Turner,
00:08:21standing in the shop doorway
00:08:22of Brannigan's.
00:08:23She appeared to be looking
00:08:24at the people passing
00:08:25and in fact
00:08:26she spoke to several men.
00:08:28As one man passed her,
00:08:29I saw her approach him
00:08:30and speak to him.
00:08:32The man then hurried off
00:08:33as if embarrassed.
00:08:34I got out the car
00:08:35and I arrested Miss Turner
00:08:36for soliciting.
00:08:37I see.
00:08:38Now,
00:08:38you don't arrest
00:08:39every woman
00:08:40who speaks to a man.
00:08:41No, sir.
00:08:42But the defendant
00:08:43is a known prostitute
00:08:44and it was obvious
00:08:45from the way
00:08:46she was talking to men
00:08:47and the way
00:08:47in which she approached
00:08:48the final man,
00:08:49his embarrassment
00:08:50and hurrying off
00:08:50that she was soliciting.
00:08:52Yes.
00:08:52Now, you say that Miss Turner
00:08:53is a known prostitute.
00:08:55Oh, yes.
00:08:56I've arrested her
00:08:57three or four times myself.
00:08:59Yes.
00:08:59Did the accused say anything
00:09:00to you when you arrested her?
00:09:02She was abusive, sir.
00:09:04Yes.
00:09:04Now, you say that Miss Turner
00:09:05is a known prostitute.
00:09:07That's right.
00:09:07And you had no doubt
00:09:09that what you saw
00:09:10that afternoon
00:09:11was Miss Turner
00:09:12soliciting men
00:09:13in the street.
00:09:14No doubt at all.
00:09:15Yes.
00:09:15And this evidence
00:09:16is exactly the same
00:09:18as you gave
00:09:18at the magistrate's court.
00:09:20Certainly.
00:09:21It's what happened.
00:09:21Yes.
00:09:22Thank you, constable.
00:09:37Constable,
00:09:42what did Miss Turner
00:09:43say to the last man?
00:09:45I didn't hear.
00:09:46Why not?
00:09:47Well, I was inside a car
00:09:48and 40 yards away.
00:09:49Ah, so she could have been
00:09:50saying good morning
00:09:51or your shoelace is undone
00:09:53or Jesus saves
00:09:54and you wouldn't have been
00:09:54able to tell the difference.
00:09:56I shouldn't have thought
00:09:57it was the last one.
00:09:58Oh, constable, why not?
00:09:59Well, as I said, she was...
00:10:00She was a known prostitute.
00:10:02Yes, we heard you, constable.
00:10:03Have you ever heard
00:10:04of Mary Magdalene?
00:10:06Yes.
00:10:07And how would you
00:10:08describe her?
00:10:10My lord...
00:10:11A known prostitute, constable.
00:10:13I think you've made
00:10:14your point, Miss Scott.
00:10:16Yes, my lord.
00:10:17Constable, you must have
00:10:18gathered how long she spoke.
00:10:20I mean, you did see
00:10:20her lips move.
00:10:22Well, it was 40 yards
00:10:23and people were passing.
00:10:24Yes, of course, constable.
00:10:25So, how do you know
00:10:27Miss Turner spoke first?
00:10:29I'm afraid I don't
00:10:30quite understand, ma'am.
00:10:31Well, it's very simple, constable.
00:10:33If Miss Turner was soliciting,
00:10:34as you put it,
00:10:35she must have spoken first,
00:10:37don't you agree?
00:10:38Not necessarily, ma'am.
00:10:39Oh?
00:10:40Well, the man could have
00:10:41said to her,
00:10:41your shoelace is undone,
00:10:42and then she could have
00:10:43asked him if he wanted
00:10:44a short time.
00:10:44But you're not suggesting
00:10:45that is what happened?
00:10:47No, I'm just...
00:10:47Because you couldn't, could you?
00:10:48You have no idea
00:10:49who spoke first, have you?
00:10:51It looked to me
00:10:51as if she was soliciting.
00:10:53But exactly how?
00:10:54Did she lift her skirt,
00:10:56jingle keys,
00:10:57do a strip tease?
00:10:58No, ma'am.
00:11:00They talked
00:11:00and the man
00:11:01hurried away.
00:11:02That's right.
00:11:04You're in the corridor
00:11:05when my learned friend
00:11:06and I came into court.
00:11:07You saw us?
00:11:08Yes, ma'am.
00:11:09We were talking
00:11:09and my learned friend
00:11:11walked away, remember?
00:11:12Yes.
00:11:13But you didn't arrest me.
00:11:14Well, no, ma'am.
00:11:15The services
00:11:16for which you receive
00:11:17a fee are not,
00:11:18so far as I know,
00:11:19illegal.
00:11:19Very good, constable.
00:11:21But,
00:11:22nor are Miss Turner's.
00:11:24It is illegal
00:11:24to solicit
00:11:25for an immoral purpose.
00:11:26I know that.
00:11:28But you have to convince
00:11:28the jury
00:11:29that she was soliciting.
00:11:31Now, I put it to you
00:11:32that the man
00:11:33spoke to Miss Turner first.
00:11:35Not so far as I saw.
00:11:36She approached him.
00:11:38Well, whether or not
00:11:38she took a step towards him,
00:11:40you have absolutely
00:11:40no way of knowing
00:11:41who spoke first.
00:11:44No, ma'am.
00:11:45Thank you, constable.
00:11:47Now, you said
00:11:47you arrested her.
00:11:49You haven't told us
00:11:49what she said.
00:11:51Well, I approached
00:11:51Miss Turner
00:11:52and I informed her
00:11:53I was arresting her
00:11:54for soliciting.
00:11:55And she replied,
00:11:56piss off, Wilkie,
00:11:57I'm not working.
00:11:58But you did not
00:11:59believe her?
00:11:59I'd seen her soliciting.
00:12:01You had seen a man
00:12:02and a woman talking
00:12:03and assumed
00:12:04the woman was soliciting.
00:12:06Now, if Miss Turner
00:12:07had not been
00:12:08a known prostitute,
00:12:10would the briefest
00:12:10of brief conversations
00:12:11have excited your interest?
00:12:13My lord,
00:12:13how can the constable
00:12:14possibly answer
00:12:15such a hypothetical question?
00:12:17I withdraw the question,
00:12:18my lord.
00:12:19Yes?
00:12:20Constable,
00:12:21you have told the court
00:12:22that when you approached
00:12:23Miss Turner,
00:12:24she told you
00:12:25that she was not soliciting.
00:12:27Yes.
00:12:28Did you do anything
00:12:28to check your suspicions?
00:12:30I don't see what you mean, ma'am.
00:12:32Well, did you, for example,
00:12:33ask the man
00:12:33what she had said to him?
00:12:35No, not at the time, no.
00:12:37Well, I am talking
00:12:38about what happened
00:12:38at that time.
00:12:40It did not occur to you
00:12:41to go to the man first
00:12:42and check.
00:12:42It's not usual
00:12:43in such cases.
00:12:44The man had already
00:12:45been embarrassed
00:12:46and where it was clear
00:12:47to me that...
00:12:47But was it clear, constable,
00:12:48that is the point?
00:12:50You say you were afraid
00:12:51of embarrassing the man,
00:12:52but you had no compunction
00:12:53in embarrassing Miss Turner.
00:12:54Well, we're not usually
00:12:55concerned with a criminal's
00:12:57embarrassment
00:12:57when we arrest them.
00:12:58No, of course not, constable,
00:12:59but the state does require
00:13:00you to be sure
00:13:01that a person is a criminal
00:13:02before you arrest them.
00:13:04Now, I shall return
00:13:05to the man later.
00:13:07Now, you said,
00:13:08Miss Turner said,
00:13:09piss off, Wilkie,
00:13:10I'm not working.
00:13:11That's right.
00:13:12That's a very familiar
00:13:13mode of address, isn't it?
00:13:15You get used to such language.
00:13:16No, I'm talking
00:13:17about your name.
00:13:18It sounds as if
00:13:19you were old friends.
00:13:20She knew me.
00:13:21Yes, of course she did, constable.
00:13:23How many times
00:13:24have you arrested her?
00:13:26It's hard to be sure.
00:13:27Two or three times.
00:13:28In fact, three times.
00:13:31September 74, January 75,
00:13:33and the case under trial
00:13:34now in February 76.
00:13:36She was also arrested
00:13:37for soliciting by another
00:13:38policeman in May 75.
00:13:40Now, do those dates
00:13:41mean anything to you?
00:13:43No.
00:13:44Well, let me put it
00:13:45to you, constable.
00:13:46There is an interval
00:13:47of five months
00:13:48in the first three arrests.
00:13:50September 74
00:13:51to January 75,
00:13:52then January 75
00:13:53to May 75,
00:13:55then there's a longer gap.
00:13:57May 75
00:13:58to February 76.
00:13:59Twice as long.
00:14:01How do you account
00:14:01for that?
00:14:02She must have been
00:14:03getting clever, mum.
00:14:04Or she gave up
00:14:05working the streets
00:14:06in that period.
00:14:07I can't say.
00:14:08No, of course you can't, constable.
00:14:09But it is interesting
00:14:10that you assumed
00:14:11she was still working.
00:14:13Now, I put it to you
00:14:14that you operate
00:14:15a sort of rotor system
00:14:17in arresting known prostitutes.
00:14:19I don't know
00:14:20what you mean, ma'am.
00:14:21That you pick up
00:14:22known prostitutes regularly
00:14:24on the assumption
00:14:25that they are still working.
00:14:26No, we only pick up women
00:14:28when we see them working.
00:14:29But it is interesting, constable,
00:14:31isn't it,
00:14:31that Miss Turner's
00:14:32first three arrests
00:14:33were so regularly spaced.
00:14:36Coincidence, ma'am.
00:14:37Perhaps.
00:14:38Or perhaps every five months
00:14:39Miss Turner had a brainstorm
00:14:40and picked up a client
00:14:41under the noses
00:14:42of the police.
00:14:43If I tell you, constable,
00:14:45that prostitutes
00:14:46in this town
00:14:46are reasonably sure
00:14:47that they know
00:14:48when they will be arrested,
00:14:49would you be surprised?
00:14:51No.
00:14:51Why not?
00:14:52Well, we have
00:14:53an efficient police force
00:14:54and if anyone
00:14:55sets out to break the law
00:14:56they can be reasonably sure
00:14:57of getting caught.
00:14:59Very good, constable.
00:15:00But I am talking about women
00:15:02who are breaking the law
00:15:03as you put it,
00:15:03all the time
00:15:04yet they know to
00:15:05within a week or two
00:15:06when they will be arrested.
00:15:07Now, do you still maintain
00:15:09that you don't pick up
00:15:10known prostitutes regularly
00:15:11without bothering
00:15:11over much about
00:15:12whether or not
00:15:13they were soliciting
00:15:13at the time?
00:15:14No.
00:15:15Definitely not.
00:15:17Nevertheless,
00:15:17you are pretty accurate
00:15:18in your arrests, aren't you?
00:15:20Almost always
00:15:21the women plead guilty,
00:15:22don't they?
00:15:23Usually.
00:15:24My lord,
00:15:25I followed this line
00:15:26of questioning
00:15:26very closely
00:15:27for some time
00:15:28but I fail to see
00:15:29what relevance
00:15:30it has to this case.
00:15:31I'm sure I can show
00:15:32its relevance
00:15:32in a very short time,
00:15:34my lord,
00:15:34if you will pardon
00:15:35the expression.
00:15:36Very well, Miss Scott.
00:15:37I do hope so
00:15:38because at the moment
00:15:40I am in sympathy
00:15:41with Mr Parsons.
00:15:42Thank you, my lord.
00:15:45Now, constable,
00:15:45when was the last time
00:15:47that a woman you arrested
00:15:48for soliciting
00:15:49plead not guilty?
00:15:50In the case of Miss Turner.
00:15:52I see.
00:15:53And before that?
00:15:55I can't remember any.
00:15:56None?
00:15:57No.
00:15:59Constable,
00:16:00I looked up the records
00:16:01for this town
00:16:01and I find
00:16:03that in the past
00:16:0496 cases of soliciting
00:16:05only Miss Turner
00:16:07pleaded not guilty.
00:16:07Now, does that surprise you?
00:16:09No, it shows
00:16:10how careful we are.
00:16:12I put it to you
00:16:13that it shows
00:16:13how the system works.
00:16:15Miss Turner
00:16:16had the temerity
00:16:17to plead not guilty
00:16:18and the police
00:16:19decided that this
00:16:19should not go unpunished
00:16:20so she finds herself
00:16:21in the dock for perjury.
00:16:22My lord,
00:16:23that is grossly improper.
00:16:24My learned friend
00:16:25must know
00:16:26that an officer
00:16:26of the rank of constable
00:16:28cannot initiate
00:16:29a prosecution
00:16:30for perjury.
00:16:31How can the officer
00:16:32possibly comment
00:16:33or answer
00:16:33such a proposition?
00:16:34Miss Scott,
00:16:35I think you've taken
00:16:36this line of questioning
00:16:37as far as it can
00:16:38properly go
00:16:39unless you're going
00:16:40to be more specific.
00:16:42My lord,
00:16:42I have to establish
00:16:43the whole circumstances
00:16:45and atmosphere
00:16:45of that first trial
00:16:46to explain
00:16:47how a perjury charge
00:16:48came to be brought.
00:16:50Now, my lord,
00:16:50I do submit
00:16:51that I can establish
00:16:52that the charge
00:16:53is vexatious and abusive
00:16:54if you will allow me
00:16:55to pursue this line
00:16:56just a little further.
00:16:57Yes, well,
00:16:58try not to be too long
00:16:59about it, Miss Scott.
00:17:01Yes, my lord.
00:17:02Thank you, my lord.
00:17:03I shall need
00:17:03very little more time.
00:17:06Now, constable,
00:17:07you must have been
00:17:08very surprised
00:17:09when Miss Turner
00:17:10pleaded not guilty.
00:17:11Well, it's everybody's right.
00:17:13Well, thank you, constable.
00:17:14I don't need lessons
00:17:14in English law from you.
00:17:15Were you or were you
00:17:16not surprised
00:17:17when Miss Turner
00:17:18pleaded not guilty?
00:17:19Yes.
00:17:20Angry, even?
00:17:21I wouldn't say that.
00:17:23But you were angry
00:17:24when she established
00:17:25that she was,
00:17:26in fact, not guilty.
00:17:27She didn't,
00:17:28as far as I was concerned.
00:17:29The jury found her
00:17:30not guilty,
00:17:31but I knew she was.
00:17:32Even though you hadn't
00:17:33checked with a man concerned?
00:17:35Yes.
00:17:36But were you angry?
00:17:38Well, no one likes
00:17:39having their word doubted.
00:17:41My lord, I have.
00:17:41asked this witness
00:17:42the same question twice
00:17:43each time he evades it.
00:17:45He is wasting
00:17:45the limited time.
00:17:46Your lordship
00:17:47has kindly allowed me.
00:17:49You must answer
00:17:50the questions directly.
00:17:52I'm sorry, my lord.
00:17:53Now, constable,
00:17:55were you angry?
00:17:57No.
00:17:58I put it to you
00:17:59that you and your colleagues
00:18:00were angry
00:18:01because Miss Turner
00:18:02had broken
00:18:03the unwritten rules.
00:18:04She had pleaded not guilty,
00:18:05and if women accused
00:18:06of soliciting
00:18:07started to do that,
00:18:08you would all be involved
00:18:09in a great deal more work.
00:18:10And so this perjury charge
00:18:12was brought
00:18:12so that it wouldn't
00:18:13become a habit.
00:18:14No.
00:18:14Now, I put it to you
00:18:15that you were angry too
00:18:16because Miss Turner
00:18:17had unexpectedly brought
00:18:18a social worker
00:18:19to give evidence for her.
00:18:20No.
00:18:21And so this charge of perjury
00:18:22was brought so that
00:18:23the girls wouldn't think
00:18:23that they could use
00:18:24the courts for justice
00:18:25instead of an unofficial
00:18:26system of paying tax.
00:18:27No.
00:18:27My lord,
00:18:28my learned friend
00:18:29is getting answers
00:18:30to her questions,
00:18:31but because she doesn't
00:18:32like them,
00:18:33she's taking to
00:18:33answering them herself.
00:18:35She's not here
00:18:35to give evidence.
00:18:36Miss Scott,
00:18:37you're beginning
00:18:38to make speeches.
00:18:39Do not follow
00:18:40this line of questioning
00:18:41any longer.
00:18:43As your lordship pleases.
00:18:44Have you any further
00:18:45questions for this witness?
00:18:46Yes, my lord.
00:18:47Well, then I hope
00:18:48they'll be on a different topic.
00:18:50Yes, my lord.
00:18:53Constable,
00:18:54did you know any of the men
00:18:55who approached Miss Turner?
00:18:57I knew slightly
00:18:59the final man
00:19:00who Miss Turner approached.
00:19:01Slightly, you say?
00:19:02Yes.
00:19:04My lord,
00:19:04I believe the man
00:19:05in question
00:19:06is going to be called
00:19:06by the prosecution.
00:19:08It would greatly help
00:19:09if we could hear
00:19:09his evidence
00:19:10before I finish
00:19:10my cross-examination
00:19:11of this witness.
00:19:12Oh, really, Miss Scott?
00:19:14Justice cannot
00:19:15otherwise be done.
00:19:16My lord,
00:19:17if it will assist,
00:19:18I have no objections.
00:19:19Oh, very well.
00:19:20In that case, my lord,
00:19:21I will reserve
00:19:22my re-examination.
00:19:24Yes.
00:19:24You may leave
00:19:25the witness box off, sir.
00:19:27If you can...
00:19:30Yeah.
00:19:35My lord,
00:19:36as the constable
00:19:37hasn't finished
00:19:37giving evidence,
00:19:38I would prefer it
00:19:39that he did not
00:19:40remain to hear
00:19:40the other evidence.
00:19:42You will wait
00:19:43outside, constable.
00:19:44Ah, my lord,
00:19:51I had planned
00:19:51to call
00:19:52WPC Jones,
00:19:54who took
00:19:54Miss Turner's
00:19:55statement
00:19:55at Fultz
00:19:56to police station.
00:19:57However,
00:19:57since I understand
00:19:58her evidence
00:19:58is not in dispute,
00:19:59I simply plan
00:20:00to read it.
00:20:01Go ahead.
00:20:02My lord,
00:20:02I do realise
00:20:03that the prosecution
00:20:04had a back-up witness
00:20:05to establish
00:20:05that Miss Turner
00:20:06was a prostitute,
00:20:06but as I am
00:20:07making no secret
00:20:08of that fact,
00:20:09I can see
00:20:10why my learned
00:20:10friend does not
00:20:11wish to call
00:20:11the policewoman.
00:20:12However,
00:20:13I do have
00:20:14some questions
00:20:14for her
00:20:15and if necessary,
00:20:16I shall call
00:20:16her as a defence witness.
00:20:18My lord,
00:20:18there is,
00:20:19of course,
00:20:19no need
00:20:20for my learned
00:20:21friend to do that.
00:20:22I will call
00:20:22WPC Jones
00:20:24in order
00:20:24that my learned
00:20:25friend can question
00:20:26her.
00:20:26Very well.
00:20:27And you took
00:20:30the statement
00:20:31from Miss Turner
00:20:32at the police station?
00:20:34That's right.
00:20:35Thank you,
00:20:36Miss Jones.
00:20:38Miss Jones,
00:20:39why did you
00:20:40take down
00:20:40Miss Turner's
00:20:41statement?
00:20:42I was told to
00:20:43by the station sergeant.
00:20:44I see.
00:20:45It is usual
00:20:46for the arresting
00:20:47officer to do this,
00:20:48isn't it?
00:20:49Well, yes,
00:20:49but Police Constable
00:20:50Wilkins was going
00:20:51off duty.
00:20:52It's not all
00:20:52that unusual.
00:20:54What did you say
00:20:55when you saw
00:20:55P.C. Wilkins
00:20:56bringing in,
00:20:57Miss Turner?
00:20:58Oh, I can't
00:20:58remember.
00:21:00Miss Jones,
00:21:00this woman is
00:21:01on trial
00:21:01for a very
00:21:02serious offence.
00:21:03I must ask
00:21:04you to try
00:21:04to remember.
00:21:06Something like,
00:21:07here we are
00:21:08again, then?
00:21:08Ah, something
00:21:09like, but not
00:21:09quite.
00:21:10I put it to you
00:21:11that you said,
00:21:12you're overdue,
00:21:13aren't you?
00:21:14You'll be thinking
00:21:14it's legal.
00:21:15Well, I may have
00:21:16made a joke.
00:21:17I do know
00:21:17the defendant.
00:21:18But did you
00:21:19say those words?
00:21:20I can't remember
00:21:21as I said.
00:21:21Ah, so you can't
00:21:22deny that you
00:21:23said those words?
00:21:23No.
00:21:24Well, let's
00:21:25look at them.
00:21:25You're overdue,
00:21:27aren't you?
00:21:27What does that
00:21:28mean?
00:21:28I don't know.
00:21:30You said I said
00:21:30them, I didn't.
00:21:31And you'll be
00:21:32thinking it's legal.
00:21:33What does that
00:21:34mean?
00:21:34My lord, this
00:21:35witness has already
00:21:36correctly said.
00:21:37She cannot be
00:21:38asked to give the
00:21:38meaning of words.
00:21:39She has sworn she
00:21:40can't remember
00:21:41saying.
00:21:41Very well, my lord.
00:21:42I will not press
00:21:43the point.
00:21:45Miss Jones, do you
00:21:47know the defendant?
00:21:48Yes.
00:21:49Where have you
00:21:49met her?
00:21:50At the station
00:21:51several times, and
00:21:52of course on the
00:21:53streets, working.
00:21:55Have you ever
00:21:55arrested her?
00:21:57No.
00:21:58Why not?
00:22:00I don't understand.
00:22:01Well, you say you
00:22:02saw her soliciting,
00:22:03but you didn't
00:22:04arrest her.
00:22:05Well, I believe
00:22:06she was working,
00:22:07but I didn't
00:22:08actually see her
00:22:08approach a man
00:22:09when I was
00:22:09watching.
00:22:10Well, nevertheless,
00:22:11you said on oath
00:22:12that you saw her
00:22:12working, and as
00:22:14she is a prostitute,
00:22:14that means she
00:22:15was soliciting.
00:22:16Now, did you or
00:22:16did you not see
00:22:17her working?
00:22:18I assumed she
00:22:19was waiting for
00:22:20men.
00:22:20Ah, you assumed.
00:22:22And if a man had
00:22:23come along and
00:22:24words had been
00:22:24exchanged, you
00:22:25would have assumed
00:22:26that the woman
00:22:27was soliciting for
00:22:27an immoral purpose?
00:22:28Well, it would
00:22:29depend.
00:22:29On what, Miss
00:22:30Jones?
00:22:31Well, on the way
00:22:31she approached the
00:22:32man, the man's
00:22:33attitude, and so on.
00:22:34How would you
00:22:35know what the
00:22:35man's attitude was?
00:22:37Would you go up
00:22:37and ask him?
00:22:38We try not to
00:22:39embarrass innocent
00:22:40members of the
00:22:40public.
00:22:41Oh, so rather than
00:22:42check on who
00:22:43approached whom, you
00:22:44would assume that
00:22:45the woman was
00:22:45soliciting?
00:22:46Only if the
00:22:46nature of the
00:22:47approach was
00:22:47obvious.
00:22:49Miss Jones, do
00:22:50the police ever
00:22:51receive complaints
00:22:51from women about
00:22:52being approached
00:22:53by men?
00:22:54In cars, for
00:22:55example?
00:22:55Sometimes.
00:22:56Oh, so there
00:22:56are men who
00:22:57look for women
00:22:58on the streets
00:22:58for immoral
00:22:59purposes?
00:22:59Yes.
00:23:00And if one of
00:23:01these men went
00:23:02up to a known
00:23:03prostitute and
00:23:04solicited her and
00:23:06then walked away,
00:23:07who would you
00:23:08arrest?
00:23:09Oh, the man
00:23:10probably, for
00:23:10conduct likely to
00:23:11cause a breach of
00:23:12the peace.
00:23:12If you had heard
00:23:14what he had said?
00:23:16Yes.
00:23:16And if you
00:23:17hadn't, if you
00:23:18hadn't even seen
00:23:19who had spoken
00:23:19first, and the
00:23:20woman was a known
00:23:21prostitute?
00:23:22I...
00:23:24I'm not sure...
00:23:25My lord, my
00:23:26learned friend
00:23:27seems to be
00:23:27conducting a
00:23:29half-dozen
00:23:29offences, all
00:23:30for hypothetical
00:23:31clients.
00:23:33I think you've
00:23:35made your point,
00:23:36Miss Scott.
00:23:37I'm sure I have,
00:23:38my lord.
00:23:39I have no further
00:23:39questions of this
00:23:40witness.
00:23:52The cases in
00:24:00Fullchester Crown
00:24:00Court are
00:24:01fictitious, and
00:24:02you can join us
00:24:03tomorrow when the
00:24:04case of the Queen
00:24:04against Turner will
00:24:05be resumed in the
00:24:07Crown Court.
00:24:22Sylvia Turner, a
00:24:41common prostitute, was
00:24:42arrested for soliciting
00:24:43for an immoral
00:24:44purpose, but was
00:24:45found not guilty at
00:24:47the magistrate's
00:24:47court.
00:24:48The police were not
00:24:49satisfied with the
00:24:50verdict, and after
00:24:50further investigation,
00:24:51arrested Miss
00:24:52Turner and charged
00:24:54her with perjury on
00:24:55the basis of her
00:24:56evidence at the
00:24:56original trial.
00:24:58The jury in today's
00:24:59trial is selected
00:25:00from members of the
00:25:00public, whose names
00:25:01appear on the
00:25:02electoral register and
00:25:03who are eligible for
00:25:04jury service.
00:25:06After police evidence,
00:25:07the prosecution's
00:25:08case continues in the
00:25:09Crown Court.
00:25:11You are Philip Hall?
00:25:13Yes.
00:25:14Of 53 Landfield Grove
00:25:16Foodster?
00:25:17Yes.
00:25:18What is your
00:25:18occupation, Mr.
00:25:19Hall?
00:25:20I'm an under-manager
00:25:21at the UFK supermarket
00:25:22in the High Street.
00:25:23I see.
00:25:24Do you remember the
00:25:25events of February
00:25:26the 12th this year?
00:25:27Yes.
00:25:28Yes.
00:25:28Now, will you please
00:25:29tell the court the
00:25:31circumstances of Miss
00:25:32Turner's arrest near
00:25:33Brannigan's that day?
00:25:34Well, I was walking
00:25:36back to the supermarket
00:25:37after my lunch, and I
00:25:39noticed this woman
00:25:39stood in Brannigan's
00:25:40shop doorway.
00:25:41Could you say who
00:25:42this woman was?
00:25:43Yes, it was the
00:25:44defendant, there.
00:25:45Yes.
00:25:45Now, you're quite sure
00:25:46about that.
00:25:47Oh, yes.
00:25:49Good.
00:25:49Carry on.
00:25:51Well, as I passed
00:25:51the doorway, she spoke
00:25:52to me.
00:25:53Yes.
00:25:53Now, you're quite sure
00:25:54that she spoke first?
00:25:57Yes.
00:25:57Yes.
00:25:58What did she say?
00:25:59Something like,
00:26:00lovely day.
00:26:02Yes.
00:26:02What did you say?
00:26:03Something like,
00:26:04too nice to be working.
00:26:06Yes.
00:26:07Can you remember
00:26:07what she said then?
00:26:09Yes, I can remember
00:26:10that exactly.
00:26:11She said,
00:26:12surely you can take
00:26:13half an hour off.
00:26:15I said, what for?
00:26:16She said, you can
00:26:17have a lot of fun
00:26:18in half an hour.
00:26:19Yes.
00:26:19And you took that
00:26:20to be an approach
00:26:21for an immoral purpose.
00:26:22Well, no, I wasn't
00:26:23sure then, but I was
00:26:24sure when she said,
00:26:26half an hour back
00:26:26at my place, and you
00:26:27won't notice the work
00:26:28for the rest of the day.
00:26:29I see it.
00:26:30So, there was then
00:26:31no doubt in your mind
00:26:33that Miss Turner
00:26:33was inviting you back
00:26:34to her flat
00:26:35for an immoral purpose.
00:26:37Absolutely.
00:26:38Yes.
00:26:39Thank you, Mr Hall.
00:26:42Mr Hall,
00:26:43you said you were
00:26:44an under-manager
00:26:45at the supermarket.
00:26:46Yes.
00:26:47What are your duties?
00:26:49General.
00:26:50Supervising the store
00:26:51under the manager.
00:26:53I see.
00:26:54And what do you
00:26:55supervise,
00:26:56specifically?
00:26:58The staff.
00:26:59The general running
00:27:00of the stock.
00:27:01Do you see to the
00:27:02loading of the shelves,
00:27:03arrange staff rotors?
00:27:05No.
00:27:05So, what exactly
00:27:06do you do, Mr Hall?
00:27:09Mainly what's
00:27:09for shoplifting and so on.
00:27:10Ah, you are
00:27:11the security officer
00:27:12at the supermarket.
00:27:15Security is part
00:27:16of an under-manager's job.
00:27:18If necessary,
00:27:19I can call witnesses
00:27:20to prove that
00:27:21you have described
00:27:21yourself as a security
00:27:23officer when you
00:27:24are not appearing
00:27:24as a police witness
00:27:25in a court.
00:27:26Now, are you
00:27:27or are you not
00:27:28the security officer
00:27:29at the supermarket?
00:27:30Yes.
00:27:32Good.
00:27:33So, why did you
00:27:34describe yourself
00:27:34as the under-manager?
00:27:36Well, that is my grade
00:27:37within the organisation.
00:27:39So, you weren't
00:27:40actually committing
00:27:41perjury when you
00:27:41described yourself
00:27:42as an under-manager?
00:27:44No, of course not.
00:27:45Good.
00:27:46You just thought
00:27:47it would be more
00:27:48convenient to describe
00:27:49yourself that way.
00:27:51That is my grade.
00:27:52Now, as security officer,
00:27:55you must fairly often
00:27:56come into contact
00:27:57with the police.
00:27:58Fairly often, yes.
00:28:00So, you know
00:28:00P.C. Wilkins?
00:28:01Yes.
00:28:02Quite well?
00:28:04Professionally.
00:28:05I see.
00:28:06You meet him
00:28:07when you have
00:28:07caught a shoplifter
00:28:08and you send
00:28:09for the police.
00:28:10Yes, that sort of thing.
00:28:11So, you have seen
00:28:11him fairly often.
00:28:13Yes.
00:28:14Now, please tell
00:28:16the court exactly
00:28:16what happened
00:28:17when P.C. Wilkins
00:28:18came to ask you
00:28:19what had happened
00:28:20outside Branigan's.
00:28:22Well, he came
00:28:23into the shop
00:28:23and asked me
00:28:24if I remembered
00:28:24the incident.
00:28:25And, of course,
00:28:25you did.
00:28:26Oh, yes.
00:28:27It was only a day
00:28:27or so before,
00:28:28after all.
00:28:29I see.
00:28:30And you told him
00:28:31exactly what you
00:28:32told the court today.
00:28:33That's right.
00:28:33He didn't prompt
00:28:34you in any way.
00:28:35No.
00:28:36No.
00:28:37It's important
00:28:38for you in your job
00:28:39that you have
00:28:39the cooperation
00:28:40of the police,
00:28:41isn't it?
00:28:42It is.
00:28:43But every law-abiding
00:28:44citizen has that.
00:28:45Yes, but you're
00:28:46not a typical
00:28:46law-abiding citizen.
00:28:48You are part
00:28:48of the law enforcement
00:28:49scene.
00:28:50Certainly not officially.
00:28:52No, but unofficially.
00:28:55Yes.
00:28:56And you wouldn't
00:28:57want any behaviour
00:28:58of yours to spoil
00:28:59the smooth-working
00:29:00relationship you have
00:29:01with the police.
00:29:02There's no reason
00:29:03for that to happen.
00:29:04I'm sure there
00:29:05isn't, Mr Hall.
00:29:07Now, did you know
00:29:08Miss Turner
00:29:08before this happened?
00:29:10I knew of my sight,
00:29:11certainly.
00:29:12How was that?
00:29:14Well, I work
00:29:15on the High Street.
00:29:15I've seen her working.
00:29:17Did you speak to her
00:29:18often?
00:29:19No.
00:29:20Did you speak to her
00:29:21at all?
00:29:22Well, I may have
00:29:23said good morning.
00:29:23Oh, come along,
00:29:24Mr Hall.
00:29:24I put it to you
00:29:25that you had quite
00:29:26a jokey, bantering
00:29:27relationship with
00:29:28Miss Turner.
00:29:29No, absolutely not.
00:29:31I had no sort
00:29:32of relationship
00:29:32with her at all.
00:29:34I am not accusing
00:29:35you of trying to
00:29:36procure Miss Turner,
00:29:37Mr Hall.
00:29:37I'm just saying
00:29:38that on occasion
00:29:39you exchange
00:29:40pleasantries in a
00:29:41friendly way.
00:29:42No.
00:29:42My instructions
00:29:49are, Mr Hall,
00:29:50that it was you,
00:29:51as a joke, of course,
00:29:52who actually suggested
00:29:54going off together
00:29:54for half an hour.
00:29:56No, that's not true.
00:29:57And she said
00:29:58that she wasn't working.
00:30:00No, it was as I said.
00:30:02Understand me,
00:30:03Mr Hall,
00:30:03no one is seriously
00:30:05suggesting that you
00:30:05meant to go with
00:30:06Miss Turner,
00:30:07but that cheerfully,
00:30:09banteringly,
00:30:09you said,
00:30:10it was too nice
00:30:11for work,
00:30:11how about a short
00:30:12time?
00:30:12No, absolutely not.
00:30:15Very well.
00:30:16Thank you, Mr Hall.
00:30:17I have no further
00:30:18questions of this
00:30:19witness panel.
00:30:20Thank you, Mr Hall.
00:30:22You may go and sit down.
00:30:26I call Mrs Elaine Lloyd.
00:30:32Mrs Lloyd,
00:30:33you work as a supervisor
00:30:34at Branigan's
00:30:35department store.
00:30:37Yes.
00:30:37Now, will you tell
00:30:38the court
00:30:39exactly what you saw
00:30:40on the morning
00:30:41that Miss Turner
00:30:42was arrested?
00:30:43Well, I was standing
00:30:44near the men's shirt
00:30:45counter.
00:30:46Yes, that's on
00:30:47the ground floor.
00:30:49That's right,
00:30:49it's nearest the door.
00:30:51It used to be
00:30:51ladies' fashions,
00:30:52but then these market
00:30:53research people
00:30:54reorganized the store,
00:30:55and they said
00:30:56that women will go
00:30:57upstairs to shop,
00:30:57but men buy quickly
00:30:58or not at all.
00:30:59Yes, thank you,
00:31:00Mrs Lloyd.
00:31:00So you were standing
00:31:01near the door.
00:31:02What did you see?
00:31:04Oh, I saw that woman.
00:31:06The woman in the dock?
00:31:08Yes, her.
00:31:09I saw her speak
00:31:10to Mr Hall.
00:31:11Now, let's get this
00:31:12absolutely clear,
00:31:13Mrs Lloyd.
00:31:14You saw Miss Turner
00:31:16speak to Mr Hall.
00:31:18Yes.
00:31:19And what did
00:31:19Mr Hall do?
00:31:20He spoke very shortly
00:31:21to the woman
00:31:22and hurried off.
00:31:23Yes, and you've
00:31:23absolutely no doubt
00:31:24in your mind
00:31:25as to whom
00:31:26approached whom.
00:31:27No, none.
00:31:28That woman was soliciting.
00:31:29Yes.
00:31:30Thank you,
00:31:30Mrs Lloyd.
00:31:33Mrs Lloyd,
00:31:34you recognized
00:31:35that woman,
00:31:36as you put it.
00:31:37Oh, yes.
00:31:38I've seen her before
00:31:39and several of her kind.
00:31:40You feel very strongly
00:31:41that prostitutes
00:31:42should be punished,
00:31:43do you, Mrs Lloyd?
00:31:44Well, of course I do.
00:31:45It's disgusting.
00:31:46And what is your
00:31:47attitude to the men,
00:31:48Mrs Lloyd?
00:31:49They're just weak,
00:31:51aren't they?
00:31:51I mean,
00:31:51if the girls weren't
00:31:52there to tempt them...
00:31:53Ah, they just buy
00:31:54on impulse, do they,
00:31:54Mrs Lloyd?
00:31:55They don't go upstairs,
00:31:56so to speak.
00:31:57Well, yes,
00:31:58I suppose it is
00:31:59the same thing.
00:32:00You know Mr Hall,
00:32:02the security officer
00:32:02at the supermarket,
00:32:03do you?
00:32:04Oh, yes.
00:32:05You couldn't imagine
00:32:05him initiating
00:32:06a conversation
00:32:07with a prostitute.
00:32:08Impossible.
00:32:10Could you tell us
00:32:10again, Mrs Lloyd,
00:32:12what you saw
00:32:12on that day?
00:32:14Well, that woman
00:32:15was talking to Mr Hall.
00:32:16Just a minute,
00:32:17Mrs Lloyd.
00:32:18You said was talking.
00:32:21Did you see Mr Hall
00:32:22walking along the pavement
00:32:23before she spoke to him?
00:32:25Well, no,
00:32:26as I said...
00:32:27No, you said you saw
00:32:27Miss Turner talking
00:32:28to Mr Hall,
00:32:29but he was standing still.
00:32:31Yes.
00:32:33Do you know why
00:32:33he was standing still?
00:32:35No.
00:32:36So, when you looked out,
00:32:38you saw Mr Hall standing
00:32:39and Miss Turner
00:32:40talking to him.
00:32:42Well, that's right,
00:32:43as I said.
00:32:44But you don't know
00:32:45why he was standing.
00:32:46Now, it could be
00:32:47because she had called him,
00:32:49or it could be
00:32:50because he wanted
00:32:51to talk to her.
00:32:52The point is,
00:32:53you looked after
00:32:54someone had already spoken.
00:32:56The question is who?
00:32:57Miss Turner
00:32:57or Mr Hall?
00:32:58Well, it must have been
00:32:59the girl she was soliciting.
00:33:01No, Mrs Lloyd,
00:33:02that is what we are here
00:33:03to find out.
00:33:05Now, apart from your prejudice
00:33:06and what you think
00:33:07of Miss Turner
00:33:07or anyone else,
00:33:09is there any evidence?
00:33:10Can you remember anything
00:33:12that would prove to you
00:33:13and to us
00:33:13that it was Miss Turner
00:33:15who spoke first?
00:33:16Well, she was speaking
00:33:17when I saw her.
00:33:18But we have already established
00:33:19that the encounter
00:33:20had already started
00:33:21before you noticed it,
00:33:22Mrs Lloyd.
00:33:23Who spoke first?
00:33:25Well, I don't know.
00:33:27Thank you, Mrs Lloyd.
00:33:28I have no further questions,
00:33:29my lord.
00:33:30No, I, my lord.
00:33:32Very well.
00:33:34Thank you, Mrs Lloyd.
00:33:35You may leave the witness box.
00:33:39My lord,
00:33:39that concludes the case
00:33:40for the prosecution
00:33:41apart from the unfinished
00:33:42evidence of P.C. Wilkins.
00:33:44I should be grateful, my lord,
00:33:46if I could complete
00:33:47my cross-examination
00:33:48of P.C. Wilkins now.
00:33:49Very well.
00:33:51Recall the constable.
00:34:08Now, you will remember
00:34:10you are still on oath.
00:34:11Of course.
00:34:13Now, you said
00:34:13in your previous evidence
00:34:14that you knew Mr Hall
00:34:16slightly.
00:34:17That's right.
00:34:18But we have heard
00:34:19Mr Hall say
00:34:20that he had quite a lot
00:34:21of dealings with the police
00:34:22in his job
00:34:23as a security officer.
00:34:24Well, I'm not the hold
00:34:25of the police force, ma'am.
00:34:27Nevertheless,
00:34:27you did recognise him
00:34:29at the time
00:34:29of the encounter
00:34:30with Miss Turner.
00:34:31Yes.
00:34:32You said, too,
00:34:34that the police
00:34:35would prefer
00:34:35not to compound
00:34:36the embarrassment
00:34:36caused by a prostitute
00:34:38to an innocent member
00:34:39of the public
00:34:39by checking with them.
00:34:41That's right.
00:34:41You saw
00:34:43what you took
00:34:43to be an act
00:34:44of soliciting
00:34:45an unofficial colleague
00:34:46of yours,
00:34:47a man who watches
00:34:47out for thieves,
00:34:48often women,
00:34:49stuffing stolen goods
00:34:50all over their anatomy,
00:34:52and you didn't check
00:34:53with him
00:34:53in case he blushed.
00:34:55Well, there was no need.
00:34:56I was sure of the offence.
00:34:57But when she was found
00:34:58not guilty,
00:35:00you knew exactly
00:35:01where to go
00:35:01to collect evidence
00:35:02for this trial.
00:35:03I knew the man
00:35:04had been approached,
00:35:06yes.
00:35:06And you were so incensed
00:35:07by the miscarriage
00:35:08of justice
00:35:09that you had to
00:35:10summon on all your courage
00:35:11and approach Mr Hall
00:35:12even if he did blush.
00:35:13I asked him
00:35:14what had happened.
00:35:15As a matter of interest,
00:35:16did he squirm
00:35:16with embarrassment?
00:35:18Of course not.
00:35:19So, your tender concern
00:35:20had not been necessary
00:35:21after all.
00:35:21You found Mr Hall
00:35:22ready to give evidence.
00:35:25Yes.
00:35:26And he would want
00:35:27to keep his relationship
00:35:28with you in good repair.
00:35:30I don't know
00:35:30what you mean.
00:35:31Don't you, Constable?
00:35:32Did he remember the case?
00:35:34Yes, very well.
00:35:34And he read
00:35:35the press reports.
00:35:36He said he was thinking
00:35:37of coming to us.
00:35:38Ah, yes.
00:35:38The press reports.
00:35:39They weren't very favourable
00:35:41to the police,
00:35:41were they?
00:35:42They reported the case.
00:35:43Ah, yes, they did indeed.
00:35:45And the magistrates comment
00:35:46and the editor commented.
00:35:48As a matter of fact,
00:35:49I have a copy
00:35:50of the Fulchester Gazette
00:35:51here with me.
00:35:53Magistrates reprimand
00:35:54the police.
00:35:55Do you remember that?
00:35:57Of course I do.
00:35:58Yes, of course.
00:35:58You and your colleagues
00:35:59must have been very upset
00:36:00at all that adverse publicity.
00:36:02Well, no one likes
00:36:03unfair criticism.
00:36:04But not everyone
00:36:05has as much power
00:36:06to do something about it.
00:36:07I put it to you
00:36:09that you were determined
00:36:10to upset that verdict
00:36:12and set out
00:36:12to collect evidence
00:36:13to do so.
00:36:15I did what I was told.
00:36:17And what precisely
00:36:18were you told?
00:36:19The inspector had me in
00:36:21and he asked me in detail
00:36:22about the case.
00:36:23I told him I was convinced
00:36:24I'd done the right thing
00:36:25and he told me
00:36:26to prove it.
00:36:27Oh, that's an interesting way
00:36:28of putting it, Constable.
00:36:29You weren't told
00:36:31to check the truth
00:36:32of your idea
00:36:33of what happened.
00:36:34You were told
00:36:35to prove it.
00:36:36Yes.
00:36:37And so you went along
00:36:38to your friend,
00:36:39Mr Hall.
00:36:40He's not my friend.
00:36:42Very well.
00:36:42You went along
00:36:43to Mr Hall
00:36:43who you found
00:36:44knew all about the case,
00:36:45had read the papers
00:36:46and knew exactly
00:36:47what you wanted.
00:36:48He told me
00:36:49what had happened.
00:36:50And you weren't surprised
00:36:51that it coincided
00:36:52exactly with your evidence
00:36:53as reported
00:36:54in the Fulchester Gazette.
00:36:56No.
00:36:56Why should I be?
00:36:57No reason, Constable.
00:36:58No reason at all.
00:37:00And then you came across
00:37:01Mrs Lloyd
00:37:01who could also corroborate
00:37:03your story.
00:37:04That's right.
00:37:05But how did you
00:37:05come across her?
00:37:07A routine.
00:37:08The offence occurred
00:37:09in Brannigan's doorway
00:37:10and I went into the shop
00:37:11to find out
00:37:11if anyone saw it.
00:37:12And you found
00:37:13Mrs Lloyd.
00:37:15She had seen it, yes.
00:37:16But it was fortunate
00:37:17for you that she just
00:37:18happened to be looking
00:37:19out of the window
00:37:19at the time.
00:37:21I suppose so.
00:37:21Even if she didn't
00:37:22see the start
00:37:23of the encounter
00:37:23and therefore can't tell
00:37:24who started it.
00:37:25Constable,
00:37:27I put it to you
00:37:28that this prosecution
00:37:29arises out of
00:37:30the determination
00:37:30of the police
00:37:31to discourage prostitutes
00:37:32from pleading not guilty
00:37:34and so causing...
00:37:35My Lord.
00:37:35I have finished
00:37:35with this witness,
00:37:36my Lord.
00:37:39Now, Constable,
00:37:40you've been subjected
00:37:41to a great deal
00:37:42of innuendo.
00:37:43Shall we clear away
00:37:44some of this emotional fog
00:37:46and look at the evidence?
00:37:47Yes, sir.
00:37:48Now, as far as you
00:37:49were concerned
00:37:49that afternoon,
00:37:50you were convinced
00:37:50that what you saw
00:37:52was a known prostitute
00:37:53working in the normal way.
00:37:55Yes, sir.
00:37:56You've no personal feelings
00:37:57about this case
00:37:58one way or another.
00:38:00No, sir.
00:38:01Well, if anything,
00:38:02I quite liked the defendant.
00:38:03She was always cheerful
00:38:04and friendly.
00:38:05I see.
00:38:06So, there was no reason,
00:38:07is no reason,
00:38:08for you suddenly
00:38:08to become the fiend
00:38:10of my learned friend
00:38:10that's trying to make you.
00:38:11My Lord.
00:38:12I withdraw that, my Lord.
00:38:15Was there any reason
00:38:16for you to continue
00:38:17the case
00:38:18after the magistrate's court?
00:38:20Only because there'd been
00:38:21a miscarriage of justice, sir.
00:38:23Yes, and it is the duty
00:38:24of the police
00:38:25to remedy that.
00:38:26Yes, sir.
00:38:27Yes.
00:38:27Thank you, constable.
00:38:28I've no further questions, my Lord.
00:38:30That concludes the case
00:38:31for the prosecution.
00:38:32Very well, thank you, constable.
00:38:35Yes, Miss Scott.
00:38:37My Lord,
00:38:37I submit that the prosecution
00:38:39has done nothing
00:38:40to show why this case
00:38:41can properly be brought.
00:38:42They have brought as witnesses
00:38:43only people who could have been
00:38:45brought to the magistrate's court.
00:38:46The charge refers exactly
00:38:48to the material
00:38:48of the original trial
00:38:49and I would submit, my Lord,
00:38:51that the continued trial
00:38:52of my client
00:38:53is vexatious and abusive.
00:38:55Miss Scott,
00:38:57my original ruling
00:38:58was not based
00:38:59on the nature of the evidence.
00:39:01It was based
00:39:02on the House of Lords ruling,
00:39:04Regina B. Humphreys, 1976.
00:39:08Therefore, the trial must go on.
00:39:11Please open your case.
00:39:13As your Lordship pleases.
00:39:16Members of the jury,
00:39:17by now you will be
00:39:18very well aware
00:39:19of the facts of this case.
00:39:21Indeed, I hope you are
00:39:22even now in a position
00:39:23to weigh the evidence
00:39:24and fine for my client
00:39:26before you have even heard
00:39:27the defence witnesses.
00:39:28However,
00:39:29there is one witness
00:39:30that I do intend to call
00:39:31who should convince you
00:39:33that Miss Turner
00:39:33was not working
00:39:35at the relevant time.
00:39:37Before that, however,
00:39:38I call the accused.
00:39:39to bring the box, please.
00:39:56What is your religion?
00:39:57It's here.
00:39:58Take the book in the right hand
00:39:59and read aloud
00:40:00the words written on the card.
00:40:01I swear by almighty God
00:40:02that the evidence I shall give
00:40:03should be the truth,
00:40:04the whole truth
00:40:05and nothing but the truth.
00:40:09Now, Miss Turner,
00:40:10you do realise
00:40:11the significance
00:40:12of that oath?
00:40:12Yes, I do.
00:40:13It's very important
00:40:14that you tell the truth.
00:40:16After all,
00:40:17if the police don't agree
00:40:17with the jury in this trial,
00:40:19we should hate them
00:40:20to bring you back
00:40:20to be tried for perjury
00:40:21in your perjury trial.
00:40:23My Lord,
00:40:23that is a gross slur
00:40:24on the police.
00:40:25Miss Scott,
00:40:26please confine yourself
00:40:27to examining your witness.
00:40:29Yes, my Lord.
00:40:31Miss Turner,
00:40:31what do you do for a living?
00:40:33I'm a prostitute.
00:40:34How long have you
00:40:35been a prostitute?
00:40:38About nine years.
00:40:40That's a long time
00:40:41for someone so young.
00:40:43Is it?
00:40:44Did you choose
00:40:45to become a prostitute?
00:40:48It's hard to say, really.
00:40:50Well, when exactly
00:40:51did you start going
00:40:52with men for money?
00:40:55I don't know.
00:40:55You go with your bloke
00:40:56when you're 14,
00:40:57gives you a present,
00:40:59and about a year later
00:41:01you're a bit clever,
00:41:01you make sure you've learned
00:41:02to make him
00:41:04give you a present
00:41:04before you go in.
00:41:05No, no, I'm not talking
00:41:06about giving presents,
00:41:06Miss Turner.
00:41:07I'm talking about
00:41:08the provision of sex
00:41:09for money
00:41:09as a commercial transaction.
00:41:12Well, in the beginning
00:41:13there isn't that much difference.
00:41:14You see, I didn't have a dad.
00:41:15Well, not since I was six
00:41:16he took off.
00:41:17And my mother
00:41:18were never there,
00:41:18so, well,
00:41:20I had to look after
00:41:20my brother and sisters.
00:41:21How many?
00:41:22One brother,
00:41:23two sisters.
00:41:24Go on.
00:41:26Well, when I left school
00:41:26I didn't get a job.
00:41:27I looked after them.
00:41:28What about your mother?
00:41:29She was always pissed.
00:41:31Sorry, my lord,
00:41:32she was drunk.
00:41:33I didn't have any money.
00:41:35If I wanted a dress
00:41:37or anything
00:41:38I had to find a way
00:41:38of going in it.
00:41:39By prostitution?
00:41:41Yes.
00:41:41I'd always been a gifted amateur,
00:41:43as they say.
00:41:44So going professional
00:41:44wasn't that much of a step.
00:41:46And did you ever
00:41:47bring the men home?
00:41:48No, I couldn't do that.
00:41:50Because of the kids,
00:41:51you see,
00:41:51I brought them up proper.
00:41:52I wanted them
00:41:52to behave themselves.
00:41:53My lord,
00:41:54this is all
00:41:55very fascinating,
00:41:56nay,
00:41:57heart-rending,
00:41:58but I fail to see
00:41:59what it's got to do
00:42:00with this case.
00:42:01My lord,
00:42:01this whole case
00:42:02rests on the truthfulness
00:42:03of the accused.
00:42:05Surely the jury
00:42:05must be able to know
00:42:06enough about her
00:42:07to judge that.
00:42:08Yes, I can see that,
00:42:09Miss Scott,
00:42:09but I do hope
00:42:10that your examination
00:42:11of your client's background
00:42:13won't be going on
00:42:14too long.
00:42:15No, my lord.
00:42:16No.
00:42:17Now, Miss Turner,
00:42:18you said that
00:42:19you brought them up properly.
00:42:21You mean that
00:42:21neither of your sisters
00:42:22are prostitutes?
00:42:23Yes, I do mean that.
00:42:24They've both got good jobs.
00:42:25In fact,
00:42:26they're both married now.
00:42:27And that pleases you?
00:42:28Yes, of course it does.
00:42:30Now, you still haven't
00:42:31explained exactly
00:42:31how you became
00:42:32a prostitute.
00:42:33What became of your mother?
00:42:36She had too much
00:42:36one night.
00:42:37She fell off a bus.
00:42:38How old were you then?
00:42:40I was about 17.
00:42:41How did you cope
00:42:42with the children?
00:42:43Well, I had to get money
00:42:44to make sure
00:42:44they'd properly looked after
00:42:45for when they left home.
00:42:46And you did that?
00:42:47Yes.
00:42:48By soliciting for men
00:42:49on the streets?
00:42:50Yes.
00:42:51Because you couldn't
00:42:52take them home.
00:42:53I didn't want to.
00:42:54A short time in the park
00:42:55or down by the canal.
00:42:56Knee tremblers, mostly,
00:42:58you know, the sort of thing.
00:42:58No, I'm afraid I don't.
00:43:00Standing up.
00:43:01Ah, I see.
00:43:02When me sisters
00:43:04got married,
00:43:05my lord,
00:43:05they left home.
00:43:07And me brother joined army.
00:43:09And I'd been caught
00:43:09by it fuzz once or twice,
00:43:10so I thought,
00:43:11well, it might as well
00:43:11move inside, like.
00:43:12I knew some blokes
00:43:13who used to look me up,
00:43:14so I started at home.
00:43:16Are you ashamed
00:43:17of being a prostitute?
00:43:20No, I'm not ashamed.
00:43:22I'm not proud of it, either.
00:43:23It's a job, isn't it?
00:43:24Well, it is for you,
00:43:26but there are many people
00:43:27who wouldn't see it like that.
00:43:29Well, I know that.
00:43:30I mean, I don't care, do I?
00:43:31Don't you?
00:43:33Well, there's no time
00:43:34to do about that.
00:43:36Well, one witness suggested,
00:43:37Mrs Lloyd, if you remember,
00:43:38that if there weren't women
00:43:39like you,
00:43:40men wouldn't be tempted.
00:43:42Well, if there weren't
00:43:43men looking for sex,
00:43:44there wouldn't be women
00:43:44like us.
00:43:45I mean, it works both ways,
00:43:46doesn't it?
00:43:46But not the punishments.
00:43:48Well, no.
00:43:49That's the way it is.
00:43:50It's a man's world, isn't it?
00:43:51Do you resent the fact
00:43:52that it's always the girls
00:43:53who get the blame?
00:43:55No.
00:43:56There's not much point.
00:43:57You mean,
00:43:58you and your friends
00:43:59accept the fact
00:43:59that if you are picked up
00:44:00for soliciting,
00:44:01you just pay the fine
00:44:02and carry on?
00:44:04Well, yeah, you have to,
00:44:05don't you?
00:44:06Do you know of any prostitute
00:44:08who has been picked up
00:44:09whilst working
00:44:10and then denied it
00:44:11in court?
00:44:12No.
00:44:13No, not round here I don't.
00:44:15I mean, it's not worth it.
00:44:16If the beak,
00:44:17sorry,
00:44:18if the magistrate
00:44:19know you are
00:44:20a known prostitute,
00:44:21then they're going to
00:44:22take police's word
00:44:23against yours,
00:44:23aren't they?
00:44:24And if you do deny it,
00:44:25you get a bigger fine.
00:44:26So you just go along
00:44:28with the system?
00:44:28Yeah, it's not that bad, really.
00:44:29I mean, the police
00:44:30are only doing their job.
00:44:31Straight people
00:44:32would really get on their backs
00:44:33if they never pulled
00:44:34in a working girl.
00:44:35So they all is in
00:44:35every few months
00:44:36just to show it isn't legal.
00:44:38You seem to have
00:44:38no feelings
00:44:39of personal animosity
00:44:40toward the police.
00:44:41I am.
00:44:42They're not bad, aren't they?
00:44:44But in the magistrate's court
00:44:45you broke the rules,
00:44:46the unwritten rules.
00:44:48You pleaded not guilty.
00:44:50Yes, I know I did.
00:44:51That would have been
00:44:52different.
00:44:52I mean, I was not working,
00:44:54I was shopping
00:44:54and I did have a witness.
00:44:55That would have dead liberty.
00:44:56Well, there are still
00:44:57the unwritten rules.
00:44:58The policeman's word is law
00:44:59and so on.
00:45:00Yes, yes.
00:45:01And if I probably,
00:45:02if I hadn't had a witness,
00:45:04I would have pleaded guilty.
00:45:05So on this occasion
00:45:06you decided not
00:45:07to take the easy way out.
00:45:09Yes, that's right.
00:45:10Yes, actually
00:45:11if I had not had a witness,
00:45:13I would probably
00:45:14have gone along
00:45:14with the system
00:45:15and pleaded guilty.
00:45:17Would that have been perjury?
00:45:19Well, that is what we call
00:45:20in court
00:45:21a hypothetical question.
00:45:22You did plead
00:45:23not guilty.
00:45:24Now, was Miss Kershaw
00:45:25a willing witness?
00:45:27Willing?
00:45:27She insisted.
00:45:29It's funny, isn't it?
00:45:29Straight people always think
00:45:30if you tell the truth
00:45:31you can't be armed.
00:45:32But subsequently
00:45:33Mr Hall appeared
00:45:34and said that you
00:45:35were soliciting him.
00:45:36Oh, but that's rubbish.
00:45:37I was shopping.
00:45:38But he said you asked him
00:45:39if he wanted to go with you.
00:45:40Now, did you?
00:45:42I could have done.
00:45:43I mean,
00:45:44but I wouldn't have been serious.
00:45:45What do you mean
00:45:46not serious?
00:45:47I knew he wouldn't
00:45:48even if he did.
00:45:49I was shopping.
00:45:50You were joking.
00:45:50Yes, I was
00:45:51and so was he.
00:45:52Now, I have to get this
00:45:53very clear.
00:45:55Whatever happened
00:45:55between you and Mr Hall
00:45:57there was no possibility
00:45:58of it leading to
00:45:59any form of sexual intercourse.
00:46:01No chance at all.
00:46:02I was shopping.
00:46:03Now, the constable said
00:46:05that you spoke to several men.
00:46:06Is that true?
00:46:07Well, I could have done.
00:46:09I mean,
00:46:09I know a lot of people
00:46:11on the high street.
00:46:12If I see somebody I know
00:46:12I say hello.
00:46:13You know, I'm polite.
00:46:14But you did not solicit
00:46:15anyone for sexual purposes.
00:46:17No, I keep saying
00:46:18I was shopping.
00:46:19Yes.
00:46:20Nevertheless,
00:46:20Mr Hall said
00:46:21that you approached him.
00:46:23Did you know who he was?
00:46:25Well, I used to work
00:46:26the high street.
00:46:26Yeah, I get to know
00:46:28people who work there.
00:46:28Did you ever speak to him?
00:46:30We used to joke sometimes.
00:46:32What about?
00:46:33Well,
00:46:34you used to say
00:46:35house trade then.
00:46:36I remember once
00:46:37he asked me
00:46:38and I said it were terrible.
00:46:40He said,
00:46:40I can't afford your prices.
00:46:41I'm waiting for January sales.
00:46:43Did you take him seriously?
00:46:44No, he couldn't get involved,
00:46:47could he?
00:46:47Not with his job.
00:46:49But you weren't unfriendly?
00:46:51No, he's not a bad bloke, really.
00:46:52For a security man, that is.
00:46:54Now, what about Mrs Lloyd?
00:46:56Do you know her?
00:46:58Well, I know by sight.
00:46:59I've never spoken to her.
00:47:01Why not?
00:47:02She always looks away
00:47:03when she sees me.
00:47:04She's doing it now.
00:47:05Or she looks daggers.
00:47:06You formed the impression
00:47:07that she did not like you.
00:47:09Well, that's not hard.
00:47:10She's a very typical
00:47:10uptight lady, isn't she?
00:47:11So you weren't surprised
00:47:12to find her in the witness box?
00:47:14No.
00:47:15Mind you, I'm not complaining.
00:47:16What do you mean?
00:47:18Well, it's women like her
00:47:18that give us our best clients.
00:47:20I mean, the husbands
00:47:21can't get much fun at home,
00:47:22can they?
00:47:22Oh, my Lord.
00:47:23I'm sorry.
00:47:24Quite.
00:47:25Miss Scott,
00:47:26I wouldn't think
00:47:27you serve your client's interests
00:47:29well by leading her
00:47:30into making such statements.
00:47:32I'm sorry, my Lord.
00:47:35Miss Turner,
00:47:36you said that you
00:47:38used to work the high street.
00:47:40Yes, that is true, yes.
00:47:41But you don't work
00:47:42the streets anymore.
00:47:43No, not work the candle.
00:47:44It used to be all right
00:47:45before my time,
00:47:46but it's not now.
00:47:47So how do you make a living?
00:47:49Well, I've got regulars.
00:47:51They recommend me to people.
00:47:54You can always put a card
00:47:55in a shop window.
00:47:56French lessons given.
00:47:58Swedish exercises taught.
00:47:59You know this sort of thing.
00:48:00So you've no need at all
00:48:01to take the risk
00:48:02of working on the streets.
00:48:03No, I can't even
00:48:04walk on them now,
00:48:04let alone work on them.
00:48:06Thank you, Miss Turner.
00:48:06Miss Turner,
00:48:07Miss Turner,
00:48:07Miss Turner,
00:48:07Miss Turner,
00:48:09Miss Turner,
00:48:11Miss Turner,
00:48:12Miss Turner.
00:48:12music
00:48:27The cases in
00:48:29Fulchester Crown Court
00:48:30are fictitious
00:48:31and you can join us again
00:48:32tomorrow when the case
00:48:33of the Queen against
00:48:34Turner will be concluded
00:48:35in the Crown Court.
00:48:37Sylvia Turner
00:49:04A common prostitute was arrested for soliciting for an immoral purpose
00:49:08but was found not guilty at the magistrate's court
00:49:11The police were not satisfied with the verdict
00:49:13and after further investigation
00:49:14arrested Miss Turner and charged her with perjury
00:49:17on the basis of her evidence at the original trial
00:49:20The jury in today's trial is selected from members of the public
00:49:23whose names appear on the electoral register
00:49:26and who are eligible for jury service
00:49:28We rejoin the trial as the prosecution council
00:49:31begins his cross-examination of Miss Turner
00:49:33Now Miss Turner, you have said
00:49:36that you weren't working on the day in question
00:49:39Yes, that's right
00:49:41I put it to you that you were
00:49:43standing in an accustomed spot on the high street
00:49:45seeing a man come along
00:49:46you automatically accosted him
00:49:48Rubbish!
00:49:49But you don't deny that if you were standing there
00:49:52working, as you so charmingly put it
00:49:54you would solicit a man if he came along
00:49:56No, I wouldn't deny that, no
00:49:58Tell the court exactly what you did
00:50:02when you solicited a man
00:50:03Well, it varies, doesn't it?
00:50:06I mean, you look at a man and you smile
00:50:08and you say nice day or nice evening
00:50:12you take it from there
00:50:13But you don't say that to every man that passes
00:50:14No, just to the ones that look at you in a certain way
00:50:19I see
00:50:20But if Mr Hall had come up to you
00:50:21and asked for an appointment sometime
00:50:23you would have made an arrangement
00:50:24Yes, of course I would
00:50:26What do you think I'd do?
00:50:27Complaint to police about him soliciting me
00:50:28You see, I put it to you
00:50:30that you were prepared
00:50:31on February the 12th
00:50:32to take any work that was offered
00:50:34even though the primary object of your outing was shopping
00:50:36Isn't that what Miss Scott calls a diabolical question?
00:50:39My lord, my client almost took the words out of my mouth
00:50:42though I'm not sure she isn't more accurate in saying
00:50:44that I would have been saying hypothetical
00:50:46I'm afraid you're caught, Mr Parsons
00:50:49between the upper and the nether feminine millstones
00:50:52Both are right
00:50:53Yes, my lord
00:50:55Now, Miss Turner, you said you no longer work the streets
00:50:59Yes, that's true, I don't
00:51:01But surely you gathered your regulars
00:51:03as you call them in that way
00:51:04In the beginning I did, yes
00:51:07And surely for one reason or another
00:51:09these cease to become regulars
00:51:11and you have to find a fresh supply, so to speak
00:51:13Well, I haven't had any bother that way, no
00:51:16You mean you couldn't take any more clients if offered?
00:51:20Um, yeah, no, I'm not saying that, no, yes
00:51:22So you do have time for more clients, then?
00:51:25Well, if you know of anybody, I'm sure I could manage
00:51:27or you, if that's what you're trying to find out
00:51:29Miss Turner, that is a gross contempt of this court
00:51:31I warn you that if you attempt to say anything like that again
00:51:34you'll find yourself in prison
00:51:35Yes, I didn't mean...
00:51:35In prison, Miss Turner
00:51:36Now, whatever the outcome of this perjury trial
00:51:38I'm very sorry, my lord, it was a joke
00:51:39We'll have no more jokes, understand?
00:51:41Yes, my lord, I'm very sorry
00:51:42Yes
00:51:42Carry on, Mr Parsons
00:51:44Thank you, my lord
00:51:45Now, Miss Turner, you are claiming that the police
00:51:48don't always arrest girls for soliciting in the street when they see them
00:51:52but they have some sort of rotor system
00:51:54Yes, that's right
00:51:55Do you have any evidence to support this preposterous theory?
00:51:59We all know it
00:52:00Even fuzzles sometimes say, come on, love, it's your turn tonight
00:52:03Something like that
00:52:04Yes, but it's only your word, isn't it?
00:52:06It's only part of the folklore among prostitutes
00:52:09Let's come now to the part of Miss Kershaw on this unhappy story
00:52:15You said that without her active encouragement
00:52:18you wouldn't have persisted in your determination to plead not guilty at the magistrate's court
00:52:22Yes, that's right
00:52:23You would have pleaded guilty and accepted your punishment
00:52:26and all this wouldn't have arisen
00:52:28Well, it's not her fault for the bad losers, is it?
00:52:31Well, it's not a question of being bad losers, Miss Turner
00:52:34It's a question of justice
00:52:35Well, that happened, as far as I'm concerned, in the magistrate's court
00:52:38But unfortunately for all of us
00:52:40an acquittal does not always mean the same as justice
00:52:43Don't you wish now that you had accepted that you had been fairly caught and accepted your punishment?
00:52:49I wish I'd pleaded guilty, but that's not the same thing
00:52:51You accept that you work at a profession that many people find distasteful
00:52:55that some people even find disgusting
00:52:57You accept that you had at one time walked the streets
00:53:00You accept that you spoke to men there
00:53:01and yet when the police arrest you, as they've done on several occasions before
00:53:06you and Miss Kershaw turn on a display of moral indignation
00:53:09and waste the time of at least two courts
00:53:12My lord, my learned friend seems to be saying that innocent people pleading not guilty
00:53:16are wasting the court's time
00:53:18My lord, the point I try to make here is that the word innocent is being stretched beyond this breaking point
00:53:23No one is claiming that Miss Turner is innocent of prostitution
00:53:26My lord, in the eyes of the law she is
00:53:28because the law does not recognise prostitution per se as a crime
00:53:31I hope you're both enjoying scoring points
00:53:34but may I suggest that you save them for your speeches to the jury
00:53:38Mr Parsons, pray continue
00:53:40without implying that the law exists
00:53:43to uphold anything but the law
00:53:46As your lordship pleases
00:53:48Now, Miss Turner, you have said that you wish you had pleaded guilty at the magistrate's court
00:53:54I put it to you that is because you were guilty
00:53:56No, I was not
00:53:57You accept that you're a prostitute
00:53:59You accept that you were talking to a man
00:54:01You accept that if the conversation had come to anything
00:54:04you would have made an arrangement
00:54:05My lord, my client did not admit that
00:54:08You will remember you ruled that as a diabolical question
00:54:11Yes, I'll rephrase that, my lord
00:54:13Please do
00:54:14Miss Turner, what was the difference in your demeanour
00:54:17between the way you were standing in Brannigan's doorway that afternoon
00:54:21and the way you would have been standing there if you were working?
00:54:25None, I suppose
00:54:26So you admit that to a policeman you looked exactly as though you were working?
00:54:31Yeah, I suppose I did
00:54:32but what does it matter?
00:54:33Because I wasn't working at the time
00:54:34Yes, but I must come back to the point, Miss Turner
00:54:38that you said you were prepared to take extra clients
00:54:40Now, you were standing in a spot where you normally collected them
00:54:45But I wasn't soliciting at the time
00:54:47and you can't make me say that I was
00:54:48Oh, I've no wish to make you say anything, Miss Turner
00:54:52What did you say to the policeman when he came up to you?
00:54:57I said to him, I said, I'm not working
00:54:58Yes, we hear that
00:54:59Have you ever said that before?
00:55:03Miss Turner, have you ever said that before?
00:55:06I may have
00:55:06Well, I put it to you that you heard that when you are working
00:55:09and a policeman comes up to you, you deny it
00:55:12But don't deny it in court, though
00:55:13We're not talking about the courts, Miss Turner
00:55:15We're talking about the high street
00:55:17Would you normally deny the fact that you were working when approached by a policeman?
00:55:21I probably would deny it, yes
00:55:22Yes, so when you told P.C. Wilkins to go away
00:55:27he would have found that perfectly normal
00:55:29My learned friend is asking the witness to speculate, my lord
00:55:32Yes, I withdraw that, my lord
00:55:34Were you surprised when P.C. Wilkins didn't believe you?
00:55:41No, I don't suppose I was surprised
00:55:43No
00:55:44Did you tell him you were shopping?
00:55:46Yes, I did
00:55:47Did you tell him you had a friend in the store?
00:55:49No, I didn't
00:55:50Really?
00:55:53You could have established your innocence there and then beyond doubt
00:55:56if innocent you were
00:55:57by telling the constable you had a friend in the store
00:56:00but you didn't do that
00:56:01No, it didn't seem fair
00:56:02I mean, I didn't know if she wanted to be involved
00:56:03I don't drag my mates down with me
00:56:05Oh, come on, Miss Turner
00:56:07You're not asking the court to believe
00:56:08that you didn't tell the constable you had a friend in the store
00:56:11out of a tender regard for feelings
00:56:12Yes, I do
00:56:13Aren't prostitutes supposed to have feelings?
00:56:15But you changed later
00:56:16That's because she insisted, I told you
00:56:18Yes, sir, you did
00:56:20Miss Turner, it all comes down to this, doesn't it?
00:56:24You were standing in the doorway
00:56:25talking to a man
00:56:27a doorway you used for soliciting
00:56:29but this time you tell us you weren't doing that
00:56:31That's true
00:56:32So let's come to the men you talk to
00:56:35You don't deny you talk to other men
00:56:37No, as I say
00:56:39I know a lot of men
00:56:40because I've worked on the street
00:56:41and if I see somebody I know, I say hello
00:56:43Yes, and some of these people were your clients
00:56:46No, I don't remember talking to any clients that day
00:56:48Oh, so all of these men were potential clients
00:56:51Well, I'm talking to you
00:56:52Does that make you a potential client?
00:56:55Because the judge told me I can't solicit in court
00:56:57Yes, but you weren't in the court that afternoon
00:56:59You were in your regular prostitute's beat
00:57:01I don't have a beat
00:57:03I work at home
00:57:04Ah, yes
00:57:05And you told us, Miss Turner, you left the streets
00:57:07because you've been picked up by the fuzz once or twice
00:57:10Yes, yes
00:57:11Not because you particularly disliked the streets
00:57:13but because you've been picked up once or twice
00:57:15Well, it's better at home
00:57:17No, no, answer my question
00:57:18Do you particularly dislike the streets?
00:57:22No, no, I don't
00:57:23No, not all that much
00:57:24No, I don't
00:57:24And sometimes you like the occasional thrill
00:57:27of picking up someone new
00:57:28just to keep your hand in, perhaps
00:57:29That's a joke, that is
00:57:30After being a prostitute for nine years
00:57:32I can tell you there's no thrill in picking up a man
00:57:34Really?
00:57:35Yes
00:57:35Now, you heard Mr. Hall
00:57:40recall a conversation he had with you
00:57:43Do you deny the accuracy of what was said?
00:57:47Could have been like that
00:57:48Oh, but he says that you invited him to spend a half hour with you
00:57:52That wasn't serious, it was jokey
00:57:55Just because I'm a prostitute doesn't mean I don't joke
00:57:58Come now, Miss Turner
00:58:00Are you seriously asking the court to believe that you are known prostitute
00:58:03to invite someone to your flat for half an hour and you're not serious?
00:58:06I couldn't be, I was shopping
00:58:08A lot of men joke with prostitutes
00:58:10I wouldn't dream of going with them
00:58:11They know it's safe, it makes them feel big
00:58:13But you don't deny that you invited Mr. Hall
00:58:17No
00:58:18Look, I might have said the words
00:58:21But it was a joke, I mean, I knew he wasn't serious
00:58:24It was a joke, I wasn't serious
00:58:26A joke?
00:58:27Yes
00:58:28Thank you, Miss Turner
00:58:31Miss Turner
00:58:33Have you ever tried to hide the fact that you were a prostitute?
00:58:38That would be a bit daft, wouldn't it?
00:58:39Because if I was the only person who knew I was a prostitute
00:58:41I wouldn't make much of a living, would I?
00:58:43Precisely
00:58:43And you made the point that you worked from your home and did not solicit
00:58:47Yes, that's right
00:58:48Did you enjoy it, working the streets?
00:58:52It's very risky, working the streets
00:58:53You've got a very good chance of being beaten up every now and again
00:58:56By clients?
00:58:57That's right
00:58:58Some men, you see, they don't enjoy normal sex, just like hurting people
00:59:00And if you're on the streets, they think they've got rights over you
00:59:03Well, surely that must happen to you at home
00:59:05No, not as a rule
00:59:07You see, you've got regulars or
00:59:08They're people that have been recommended to you
00:59:11Anyway, you've got more control in your own home
00:59:13But on the streets, you have taken a few beatings
00:59:16Oh, aye
00:59:16So you were pleased
00:59:18Some men look as if butter won't melt in their mouth
00:59:20You get them down and bang, you get a black eye before you know who you are
00:59:22They just like hurting people
00:59:24I mean, I don't understand it myself
00:59:26So you were pleased that there was no need to openly solicit
00:59:29Yes, of course I was
00:59:30And you don't need it anymore for the occasional thrill
00:59:33No
00:59:34People get the wrong idea about prostitutes
00:59:36They think because they like picking up people, then we do
00:59:38But you see, it's a job to us
00:59:39And anybody wants to do their job in the easiest possible way
00:59:42And for you, that is at home
00:59:44Yes, it's still not that easy, my neighbours don't like it
00:59:48Miss Turner, could you tell us again
00:59:50Why you didn't wish to involve Miss Kershaw at the time?
00:59:55It just didn't seem right, really
00:59:57Well, would it be true to say
00:59:58That you would be against telling the police anything
01:00:01Unless asked?
01:00:02Yes
01:00:03My lord, my learned friend is blatantly leading this witness
01:00:06Yes, my lord, I will withdraw that question
01:00:08Miss Turner
01:00:10Can you think of any reason why the police should seek to charge you with a crime that you did not commit?
01:00:17No
01:00:17Thank you, Miss Turner
01:00:19They've made a mistake and now they're trying to save face
01:00:21No more questions, my lord
01:00:22You may return to the dock
01:00:25You are Miss Joan Kershaw
01:00:38Yes
01:00:39And where do you live?
01:00:41Ten Elm Mansions, Elm Court, Fulchester
01:00:43And you are a social worker with the local authority
01:00:46Yes
01:00:46How did you come to know Miss Turner?
01:00:49I met her when she was in hospital, she had an appendix operation
01:00:52That was about a year ago
01:00:54Yes, that's right
01:00:54I visited her routinely and we chatted
01:00:57We became friendly
01:00:58Did you know that she was a prostitute?
01:01:00Oh, yes, she was very open about it
01:01:02And what was your attitude to that?
01:01:05I was sorry about it
01:01:06Sylvia's a bright, sensitive girl
01:01:08And I was sure she could live a much more fruitful life than the one she was living
01:01:12But you don't condemn her for what she does
01:01:14As a social worker, it's not my place to condemn or condone
01:01:17Just help if I can
01:01:18I see
01:01:19Now, what happened on the day in question?
01:01:22Sylvia and I went out shopping together
01:01:24We had made several purchases and time was getting on
01:01:27We split up for a few minutes
01:01:28I went into Brannigan's to buy some tights
01:01:31And Sylvia went to the jewellers
01:01:32She had to collect a watch that was being repaired
01:01:35We arranged to meet at the entrance of Brannigan's
01:01:37What happened then?
01:01:39I finished my purchase and when I came out she wasn't there
01:01:41Who told you what had happened?
01:01:44The supervisor at Brannigan's
01:01:46She had evidently seen it
01:01:48And what were your feelings then?
01:01:50I was shocked, of course
01:01:51Sylvia hadn't been soliciting
01:01:53We were shopping
01:01:54We were just about to have lunch at the Red Lion
01:01:57Sylvia just would not have picked anyone up and just left me flat
01:02:00It's inconceivable
01:02:02But Miss Turner was and is a prostitute
01:02:05I know
01:02:05But she's given up working the streets
01:02:07She doesn't need to anymore
01:02:09She has a group of regular clients
01:02:11It's a surprisingly settled, even sedate life
01:02:14And you're absolutely sure that Miss Turner could not have been soliciting?
01:02:19Absolutely
01:02:20Thank you, Miss Kershaw
01:02:21Miss Kershaw, you sound almost envious of Miss Turner's life
01:02:28I don't follow you
01:02:30Settled, even sedate, you said?
01:02:32It is
01:02:33Do you then approve of her profession?
01:02:36No, of course not
01:02:37I think she could do a lot more
01:02:39Have a longer list of clients?
01:02:43No, do something else
01:02:44Make more use of her mind, not just her body
01:02:47Yes, well, she seems quite happy
01:02:49Well, she is now, but how long is that going to last?
01:02:52I want her to go to college and prepare herself for getting old
01:02:55Becoming less attractive
01:02:56You talk as if you regard her as some sort of sportswoman
01:02:59A tennis player or a swimmer or something
01:03:02Oh, it's not so different
01:03:03A tennis player and a prostitute both use their bodies to entertain the public for money
01:03:07Are you seriously suggesting, Miss Kershaw
01:03:10That you can prepare someone who's dedicated themselves to preparing their bodies to a fine pitch of excellence
01:03:17With a common prostitute?
01:03:20I wouldn't generalise like that
01:03:22Some sportswomen abuse their bodies for gain
01:03:25Take anabolic steroids, for example
01:03:27Yeah?
01:03:28Or in the case of some young gymnasts in Eastern Europe
01:03:31Who take drugs to delay the onset of puberty
01:03:33I would consider this to be far more immoral than straightforwardly providing a sexual outlet for men
01:03:39Some of whom are unattractive or crippled in body and mind
01:03:42Hmm
01:03:42You make prostitution sound like a noble calling
01:03:45A high form of social service
01:03:48It isn't
01:03:49Not in this country
01:03:50It is in some others
01:03:52In Japan, for example
01:03:53A geisha is trained to a high state of perfection
01:03:56In providing social and physical favours for money
01:03:58Yeah?
01:04:00But we don't live in Japan, do we, Miss Kershaw?
01:04:03No
01:04:03We live in a society that is hypocritical and dishonest
01:04:07We are not willing to face up to the problems of sex
01:04:09For those who cannot enjoy what we consider normal sexual relationships
01:04:13And we persecute those girls who do
01:04:16Girls, nobly sacrificing their bloom of youth to satisfy the lusts of men?
01:04:22I didn't say that
01:04:23Prostitution is often exploitive, both of the girls and the men
01:04:27We can't evolve proper and civilised ways of dealing with difficult problems
01:04:32Until we are willing to talk about it, face up to it
01:04:35Hmm, I see
01:04:37Yes, Mr Parsons
01:04:39My Lord
01:04:40Miss Kershaw, you use the word persecute
01:04:43Do you believe the police are wrong to enforce the law?
01:04:47No
01:04:47But once you rush hot-footing her sex
01:04:49I agreed to give evidence for Sylvia
01:04:55Because she was not parading her sex in the streets
01:04:58She was waiting for me
01:04:59Nevertheless, you've said quite clearly and unambiguously
01:05:02That you believe that we are dishonest and hypocritical
01:05:05No doubt you don't approve that the laws have prohibited soliciting
01:05:07That would be a problem I would have to face
01:05:10If I believed Sylvia was soliciting
01:05:12As she wasn't, the problem doesn't arise
01:05:15Forgive me, Miss Kershaw, but it does arise
01:05:18It is not for you to tell all of us whether or not Miss Turner was soliciting or not
01:05:23It is for the jury to decide
01:05:25And to do that, they will have to weigh your evidence
01:05:28And they will want to know
01:05:29Whether or not they are listening to a woman who is completely content
01:05:32That perfectly normal, healthy men and women should be accosted in broad daylight by someone peddling sex
01:05:38I accept there has to be a balance
01:05:40As long as society as a whole can't face up to its own sexuality
01:05:44There probably has to be controls in soliciting
01:05:46Well, I'm sure we're all properly grateful to you for grudgingly allowing us to maintain common decency in the streets
01:05:53I think we're all quite aware now of what your views on this are, Miss Kershaw
01:05:58Let's now come to the events of that day
01:06:01You said that you split up and agreed to meet at Brannigan's
01:06:06That's right
01:06:06But after you split up, you didn't see Miss Turner again that afternoon
01:06:11Yes
01:06:11Yes
01:06:12So actually you have no idea what happened in that shop doorway
01:06:16I know what I've been told and I weigh that against what I know of the people who told me
01:06:20Yes, we understand that, Miss Kershaw
01:06:23We are listening to someone who openly supports prostitution
01:06:26Who has referred to it as a high and noble calling
01:06:29And now you are trying to tell us that a prostitute didn't solicit someone
01:06:32Who you didn't even know she'd been arrested
01:06:34We are weighing what you say
01:06:36But now answer my question directly
01:06:39Did you, from your own observation, see what happened at Brannigan's doorway?
01:06:44No
01:06:44Thank you
01:06:45Have you ever seen Miss Turner soliciting?
01:06:52Yes, about a year ago
01:06:53Yes
01:06:54What did you do?
01:06:55Nothing at the time
01:06:56You watched this girl flaunt her
01:06:59She wasn't flaunting herself, she was discreet
01:07:01You did nothing about it
01:07:04You're a social worker and you saw this girl
01:07:07A girl who you claimed to be friendly with
01:07:09Offering her body in the street and you didn't go up to her and stop her
01:07:12She is her own person
01:07:14She must make her own life
01:07:16Well, it seems it's not just society that passes by on the other side
01:07:21Don't you agree that as a social worker
01:07:24It is your duty to do everything possible to stop the exploitation of young women
01:07:28Yes
01:07:28And this includes supporting a prostitute who is accused of soliciting
01:07:31If she wasn't soliciting, yes, of course
01:07:33I mean, don't you agree that society has a right to expect social workers to do everything
01:07:39In their power to support that society
01:07:42It depends on the society
01:07:44It has a right to expect that the social worker will strengthen her clients
01:07:48That's all
01:07:49And in doing that, some societies may be weakened
01:07:52And who is to be the judge of that?
01:07:54I don't know about you, but I still make my own moral decisions
01:07:57Yes
01:07:58And the jury will have noted one of them
01:08:00To appear as a surprise witness in a magistrate's court
01:08:03To achieve the acquittal of a known prostitute
01:08:06I was a surprise witness
01:08:08Only because the police have become used to prostitutes pleading guilty whether or not they are
01:08:12Because they have learned
01:08:14Even though the police haven't even bothered to prepare a proper case
01:08:17The bench will always take their word
01:08:18It surprises you that the bench wishes to uphold the law and its guardians
01:08:22That's very clever
01:08:24No, sir, it doesn't surprise me that the bench wishes to uphold the law
01:08:29But it would surprise me if you always thought that the law was upheld by its guardians
01:08:33Well, insofar as you are one of the guardians of that society
01:08:38It is surprising to me that you openly and willingly support someone who flouts the wishes of that society
01:08:43I'm not a guardian of society
01:08:45I'm the servant of my client
01:08:47And I hope I will always tell the truth to serve them whatever society thinks
01:08:51Well, your zeal sounds very impressive, Miss Kershaw
01:08:55But we must remember in this case telling the truth, as you put it
01:08:58It's on behalf of a common prostitute who you compare to an international ballet dancer
01:09:03Or a sportswoman because they both sell their bodies
01:09:05No further questions, my lord
01:09:06Miss Scott
01:09:07Miss Kershaw, do you approve of prostitution as a way of life in general?
01:09:14No, of course not
01:09:15Then how do you regard it?
01:09:16As a product of a sick society
01:09:18When everything else is measured in pounds and pence, why should the human body be the exception?
01:09:23And in the case of Miss Turner, you wish she would give it up altogether?
01:09:26Yes, I wanted to get her qualified in something
01:09:28But your attitude to prostitution in general does not affect your attitude to a particular client
01:09:35Of course not
01:09:36If social workers were always judging their clients, they'd be useless
01:09:39We're there to help, not to judge
01:09:42Thank you, Miss Kershaw
01:09:44You may go and sit down
01:09:45Now, perjury is a very serious offence in the eyes of the law
01:09:58Our whole system of justice depends on witnesses telling the truth
01:10:03When they've taken their oath during the course of a trial
01:10:07If you firmly believe that the conversation between the accused and Mr. Hall
01:10:13Constituted a sexual approach
01:10:16Then you must find the accused guilty
01:10:19But there is one principle of law that I must emphasize
01:10:25Before you can find the accused guilty
01:10:29You must be satisfied beyond reasonable doubt
01:10:32That the Crown has made out its case
01:10:34On the other hand, before you can find the accused not guilty
01:10:39You must be sure that when she spoke to Mr. Hall
01:10:43From that doorway
01:10:45Or when Mr. Hall spoke to her
01:10:48She had no intention
01:10:51Of offering herself
01:10:53For sexual purposes
01:10:55Now, will you please retire
01:10:58Elect a foreman
01:11:00And consider your verdict
01:11:02Will the form of the jury please stand
01:11:09Just answer this question, yes or no
01:11:12Have you reached a verdict upon which you were all agreed?
01:11:15Yes
01:11:16And do you find the defendant, Sylvia Turner
01:11:18Guilty or not guilty of perjury?
01:11:21Not guilty
01:11:21Miss Turner, you are free to go
01:11:27One moment
01:11:29We members of the judiciary
01:11:32Are not apt to express our own personal views
01:11:35But there are times
01:11:37When as a matter of conscience
01:11:39A man cannot remain silent
01:11:41It is my opinion
01:11:43That the ruling
01:11:45In the House of Lords
01:11:47In the case of Regina v. Humphreys
01:11:49A similar one
01:11:51To the one that we have just been trying
01:11:53Is one which is potentially
01:11:55Extremely dangerous
01:11:57It is my view
01:11:59That prosecuting authorities
01:12:01Should firmly set themselves
01:12:04Against this decision
01:12:05By the House of Lords
01:12:06And should determine
01:12:08Never even
01:12:10To consider
01:12:11Taking advantage of it
01:12:14All stand
01:12:17The cases in Fulchester Crown Court
01:12:38Are fictitious
01:12:39You can join us again
01:12:41For another leading case
01:12:42In the Crown Court
01:12:44You can join us again
Be the first to comment
Add your comment

Recommended