Crown Court - The Flight of the Lapwing (1974) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  A light aircraft crashed. Mrs Simon, a widow of one of the passengers, voiced her suspicions. This is a libel case: Cummings vs Simon. Richard Wilson, Ian Marter, John Barron and William Gaunt star.

Transcript

00:00:00On June the 4th, 1973,

00:00:28at an extraordinary general meeting of the company

00:00:31which my client, Mr. Cummings, controlled, Icarus Properties,

00:00:35the defendant, Mrs. Simon,

00:00:37circulated a number of broadsheets, of which you have copies,

00:00:40accusing my client for being responsible

00:00:41for the deaths of her husband, Louis Simon,

00:00:44and of Mrs. Hammond in an air crash on April the 7th.

00:00:49Mr. Cummings was piloting the plane which crashed,

00:00:51a plane which he incidentally also owned.

00:00:53Now, if you look at the documents before you, members of the jury,

00:00:56you will see at page 1,

00:00:58the broadsheet circulated by Mrs. Simon.

00:01:02You will see that there it is alleged that he,

00:01:04that is, Mr. Cummings, was an experienced pilot.

00:01:07He would not make an error of judgment.

00:01:09His responsibility for the deaths of Mr. Simon and Mrs. Hammond,

00:01:12therefore, is not connected with a flying error.

00:01:14The cause of the crash is to be sought elsewhere.

00:01:18Members of the jury, nothing could be more plainly libelous.

00:01:22Mrs. Simon further says

00:01:23that Mr. Cummings suffered from a medical condition

00:01:25which disqualified him from holding a pilot's license

00:01:27and which he failed to notify

00:01:29to the Civil Aviation Licensing Authority.

00:01:33And she says, and goes on to say,

00:01:34that if this medical condition

00:01:35is not the cause of the accident,

00:01:37then the accident occurred

00:01:38because Mr. Cummings deliberately flew the aircraft

00:01:40into the ground in an attempt to kill himself,

00:01:42to commit suicide.

00:01:44This, Mrs. Simon states, is what she meant.

00:01:46This, she asserts, is true.

00:01:48And this, my client will tell you, is quite untrue.

00:01:51I call the plaintiff Edward Cummings.

00:02:03You are Edward Joseph Cummings

00:02:05of Avebury Hall, Hayden, near Fulchester.

00:02:06I am.

00:02:07And you are the plaintiff in this case.

00:02:09That is correct.

00:02:10You are Chairman and Managing Director

00:02:12of the company Icarus Properties.

00:02:14Yes.

00:02:15Now, you were the owner of a light aircraft

00:02:16known as a lapwing, the Porter Lapwing.

00:02:18Yes.

00:02:19And you were piloting that aircraft

00:02:20on the day that it crashed near Fulchester Aerodrome.

00:02:22I was.

00:02:23Yes.

00:02:23A Porter Lapwing, Mr. Cummings.

00:02:25How would you describe this aircraft

00:02:26in non-technical language?

00:02:28Well, it's a twin-engined low-wing monoplane

00:02:31capable of carrying four people.

00:02:33Now, Mr. Cummings,

00:02:34why did you take Mr. Simon up with you?

00:02:36Well, I have some property near Fulchester,

00:02:37near the aerodrome,

00:02:38and I was showing it to Mr. Simon

00:02:40in the hope that he'd put up some capital

00:02:42and help me develop it.

00:02:43How long have you held a private pilot's license?

00:02:45Uh, about seven years.

00:02:47And since you qualified as a pilot,

00:02:48how many flying hours have you logged

00:02:49as pilot in command?

00:02:501,620 hours.

00:02:51How many hours have you flown in, uh,

00:02:54Golf Alpha Papa Mike Papa?

00:02:55Ooh.

00:02:56Uh, about 600 since 1970

00:03:00when I bought the aircraft.

00:03:01I see.

00:03:02Now, you took off from Fulchester

00:03:03at 2.28 on April the 7th.

00:03:05That is correct.

00:03:05With Mr. Simon and Mrs. Hammond as passengers.

00:03:08So I believe.

00:03:09So you believe?

00:03:11Aren't you certain, Mr.

00:03:11Well, they must have been on board

00:03:13because they were found in the wreckage,

00:03:14but I only remember Mr. Simon being there.

00:03:16My lord, as a result of the crash,

00:03:18as a result of striking his head,

00:03:19my client is still suffering from partial amnesia.

00:03:21Indeed?

00:03:22Well, it is, I understand, my lord,

00:03:23quite a common phenomenon amongst crash victims.

00:03:25Mr. Cummings,

00:03:26is the position, then,

00:03:27that you know,

00:03:27remember nothing of this flight?

00:03:29No, my lord,

00:03:29I can remember some bits of it,

00:03:31but it's no use pretending

00:03:32I can recall it all.

00:03:34And you cannot remember

00:03:34Mrs. Hammond being present?

00:03:36No, my lord,

00:03:37but she must have been,

00:03:38mustn't she?

00:03:39So it would seem,

00:03:40Mr. Cummings.

00:03:41Thank you, Mr. England.

00:03:42Now, Mr. Simon had been

00:03:43your business partner

00:03:44at one time,

00:03:45had he not?

00:03:45Yes, yes,

00:03:46we owned Icarus Properties

00:03:47jointly until I bought him out.

00:03:48And the purpose of this flight

00:03:49was to survey a property

00:03:50in which you wished to interest,

00:03:52Mr. Simon?

00:03:53Yes.

00:03:54Now, what did the aerial survey involve?

00:03:55Well, I remember flying

00:03:58a circuit of the property.

00:04:00A circuit?

00:04:02Rectangular course,

00:04:03banking at each corner.

00:04:04And at what height

00:04:04were you flying?

00:04:05About 1,500, 1,600 feet.

00:04:07What did you do

00:04:08whilst you flew the circuit?

00:04:10Well, we were close

00:04:11to Fullchester Aerodrome,

00:04:12so I kept in radio contact

00:04:13with the tower.

00:04:15Air traffic control, my lord.

00:04:17Telling them my height

00:04:18and heading as I changed course.

00:04:19Now, why did you do that?

00:04:21Well, we were in

00:04:21Fullchester's control zone.

00:04:23Now, my lord,

00:04:24this might be a convenient moment

00:04:25to refer to the recording,

00:04:27the tape recording

00:04:27of Mr. Cummings' conversations

00:04:29with air traffic control,

00:04:30which I mentioned.

00:04:31Yes, yes, yes.

00:04:31Are these agreed, Mr. Parsons?

00:04:33Yes, my lord.

00:04:34Is it normal for control towers

00:04:35to record conversations

00:04:37with pilots in their control zone?

00:04:38Oh, yes, I understand it is, my lord.

00:04:40By law, air traffic control

00:04:41are required to keep

00:04:42such tapes for 30 days.

00:04:43I see, thank you.

00:04:44Mr. Cummings,

00:04:45do you remember talking

00:04:46to air traffic control?

00:04:47Yes.

00:04:48Do you remember talking

00:04:49to anyone else?

00:04:49Well, I remember talking

00:04:50to Louis, Mr. Simon,

00:04:51as we were flying the circuit.

00:04:54We were both in the front seats

00:04:55wearing the pilots' headsets

00:04:56and microphones.

00:04:57Where was Mrs. Hammond

00:04:58at this time?

00:05:00I don't know.

00:05:01And what happened

00:05:02between flying the circuit

00:05:03that you mentioned

00:05:04and the crash?

00:05:05I don't know.

00:05:07The next thing I remember

00:05:08is waking up in hospital.

00:05:10They told me

00:05:10I'd been there for three days,

00:05:11but I don't remember

00:05:12anything of it.

00:05:13Do you remember taking off?

00:05:14No.

00:05:14All I remember is

00:05:15driving along the motorway

00:05:17to Fulchester

00:05:17to meet Louis Simon

00:05:18for lunch.

00:05:19What about after that?

00:05:20Nothing.

00:05:22Well, that's not quite true.

00:05:24I remember flashes.

00:05:25What do you mean

00:05:26by flashes, Mr. Cummings?

00:05:27Well, small things

00:05:28like ordering Louis Simon

00:05:31a Bloody Mary

00:05:31and Louis Simon

00:05:33and April Hammond

00:05:34having a hell of a row.

00:05:36What was this row about?

00:05:37Well, he was about

00:05:37to give her the heave-ho

00:05:38and she was pretty wild about it.

00:05:40I see.

00:05:40Where did the row take place?

00:05:41Sure, I'm not sure.

00:05:44Well, could it have been

00:05:45in the aircraft?

00:05:46My lord, this witness

00:05:47has just said

00:05:48he doesn't know

00:05:49where the incident took place.

00:05:51My lord, I shall shortly

00:05:51be calling evidence

00:05:52which will suggest

00:05:53quite a different cause

00:05:53of the accident

00:05:54from that proposed

00:05:55by Mrs. Simon.

00:05:55Then I would suggest

00:05:56that you pursue that evidence

00:05:58with a witness

00:05:58whose memory

00:05:59is a little more reliable.

00:06:00As your lordship pleases.

00:06:02My lord, I think

00:06:03we are now ready

00:06:04to play the tape recording

00:06:05made by air traffic control.

00:06:06Yes, yes, yes.

00:06:09Torchester Tower,

00:06:09this is Goldfam

00:06:10with Papa Michael.

00:06:11and turning on

00:06:12to 3-4-0

00:06:13and turning on

00:06:15to 1-5-0-0 feet.

00:06:21Roger, Mike Papa.

00:06:223-4-0 at 1,500.

00:06:24Would you check

00:06:24your press-to-torque

00:06:25transmission button, please?

00:06:28Say again.

00:06:30Mike Papa,

00:06:30you're intermittently stuck

00:06:31on transmit

00:06:32and cluttering this frequency,

00:06:33Alan.

00:06:35Mike Papa, roger.

00:06:36Roger.

00:06:40Forchester Tower,

00:06:41this is Golf Bravo Alpha X-ray Oscar

00:06:43at the market.

00:06:45Roger, X-ray Oscar.

00:06:47The QFE is 1-0-0-4.

00:06:49You're clear to land

00:06:50runway 2-7.

00:06:51Service wind

00:06:51at 2-8-0 degrees

00:06:52at 10.

00:06:53Be advised,

00:06:54there is one light aircraft

00:06:55maneuvering at 1,500 feet

00:06:56to miles north

00:06:57of the airfield.

00:06:59Roger, X-ray Oscar.

00:07:00Forchester, Mike Papa

00:07:04turning right

00:07:04onto 0-6-0.

00:07:07Maintaining 1-5-0-0.

00:07:11Look, Louie,

00:07:12I thought you wanted

00:07:12to see the property.

00:07:15Don't you want to?

00:07:18It's no good.

00:07:21I've had enough.

00:07:23I can't go on

00:07:24with this any longer.

00:07:28Forchester, Mike Papa.

00:07:30Turning.

00:07:31Turning.

00:07:33Turning.

00:07:35Mike Papa,

00:07:35your transmitters open

00:07:36your blocking this frequency.

00:07:39Turning.

00:07:40Ted!

00:07:41What are you trying to do?

00:07:43Kill us all!

00:07:44Ted!

00:07:46God!

00:07:48Kill us!

00:07:55The message ceases there.

00:07:57The aircraft crashed

00:07:59in a field

00:08:00a mile from

00:08:01Fultchester Airport.

00:08:02Mr. Simon

00:08:02and Mrs. Hammond

00:08:03were killed.

00:08:06Now, Mr. Cummings,

00:08:07did the defendant,

00:08:07Mrs. Simon,

00:08:08come to see you

00:08:08after the crash?

00:08:09Well, she came to see me

00:08:10once or twice

00:08:11while I was in hospital.

00:08:12Did she appear

00:08:13to be well disposed

00:08:13towards you?

00:08:14Well, to begin with,

00:08:15she was friendly.

00:08:16I think she just wanted

00:08:17to talk to someone

00:08:18about Louie.

00:08:19The trouble is,

00:08:20I'd known him well.

00:08:21She kept trying to make out

00:08:23he was some kind of saint,

00:08:24the perfect husband.

00:08:25Well, that he wasn't.

00:08:26Mrs. Simon seemed to you

00:08:28to be expressing

00:08:28a rather fanciful view

00:08:29of her husband.

00:08:30Fanciful's hardly

00:08:31the word for it,

00:08:31my lord.

00:08:32She was kidding herself

00:08:33and she knew it.

00:08:33She was just trying

00:08:34to work up

00:08:34some genuine grief.

00:08:35What do you mean

00:08:36by that, Mr. Cummings?

00:08:37Well,

00:08:38we both knew

00:08:39he was an old goat.

00:08:40Did you tell

00:08:41Mrs. Simon

00:08:41about him

00:08:42and April Hammond?

00:08:43Yes, I did.

00:08:44What was Mrs. Hammond's

00:08:45relationship with

00:08:46Mr. Simon?

00:08:47Well, everyone knew

00:08:48that she was...

00:08:48My lord,

00:08:49this is hearsay.

00:08:50Yes, but he is merely

00:08:51being asked

00:08:51what he told the defendant.

00:08:54I will rephrase the question

00:08:55if my lonely friend

00:08:56so desires, my lord.

00:08:58Mr. Cummings,

00:08:59did you have reason

00:08:59to believe that

00:09:01Mr. Simon and Mrs. Hammond,

00:09:03did you see them

00:09:04frequently together?

00:09:05Yes, sir.

00:09:06Were they as far

00:09:07as you could see

00:09:07on intimate terms?

00:09:08Oh, yes.

00:09:09In fact,

00:09:09at a party at my place

00:09:10I actually saw them

00:09:11being intimate.

00:09:12By what right

00:09:13and April Hammond

00:09:14wasn't the only one either.

00:09:15Mr. Cummings!

00:09:17Mrs. Simon,

00:09:18I realise

00:09:19that this must be

00:09:20very painful to you

00:09:21but you must not

00:09:22interrupt the proceedings.

00:09:23Nevertheless, my lord,

00:09:24these are vicious allegations

00:09:25to make against

00:09:26two people who are dead

00:09:27and cannot defend themselves.

00:09:28It is sad

00:09:29that these allegations

00:09:30should be made

00:09:30and I'm waiting

00:09:31for Mr. Ingrams

00:09:32to show me

00:09:32how they are relevant.

00:09:34Yes, my lord.

00:09:35Did you tell

00:09:35Mrs. Simon

00:09:36about their intimacy?

00:09:37Yes, I did.

00:09:38I told her

00:09:38to stop killing herself.

00:09:39Yes.

00:09:40Now, Mr. Cummings,

00:09:41you spoke of

00:09:42other women

00:09:43besides Mrs. Hammond.

00:09:44Now, do you know this

00:09:45of your own knowledge?

00:09:47Yes, my lord.

00:09:47Louis was keeping

00:09:48at least one other girl

00:09:49in a flat in London

00:09:50in Knightsbridge.

00:09:52She was about 19.

00:09:53He liked them young.

00:09:54And did you tell

00:09:55Mrs. Simon this too

00:09:56when she visited you?

00:09:56Yes, I did.

00:09:57How did she behave

00:09:58when you told her?

00:09:59Hysterically.

00:10:00And did she then

00:10:01accuse you

00:10:01of being responsible

00:10:02for the death

00:10:03of her husband?

00:10:03Well, she was very hysterical.

00:10:04Please answer the question

00:10:05that you were asked,

00:10:06Mr. Cummings.

00:10:06I'm sorry, my lord.

00:10:08Yes, she practically

00:10:09accused me of murder.

00:10:10Murder?

00:10:11I thought she was overwrought.

00:10:12I mean,

00:10:13I was flying the plane

00:10:14when Louis was killed.

00:10:16Mr. Cummings,

00:10:16in her alleged libel

00:10:17which Mrs. Simon

00:10:18distributed at your

00:10:19shareholders' meeting,

00:10:20she alleged that

00:10:21you were suffering

00:10:21from a medical condition

00:10:22which made you

00:10:23ineligible to hold

00:10:24a pilot's license.

00:10:25Now, did Mrs. Simon

00:10:27ever state

00:10:27what that condition

00:10:28was supposed to be?

00:10:29Epilepsy.

00:10:30Mrs. Simon said

00:10:31that you were epileptic.

00:10:32Yes.

00:10:32Are you epileptic?

00:10:33No, I'm not.

00:10:34Have you ever received

00:10:35medical treatment

00:10:36for epilepsy,

00:10:37fits, dizzy spells?

00:10:38No, I have not.

00:10:39Now, did you have to

00:10:40complete Civil Aviation

00:10:41Authority medical form

00:10:42in order to obtain

00:10:44your license?

00:10:44Yes, I did.

00:10:46My lord,

00:10:46medical form 4-6,

00:10:48the one completed

00:10:48by Mr. Cummings

00:10:49last year,

00:10:50is at page 35

00:10:51in the agreed document.

00:10:52Yes, yes, page 35.

00:10:54Have you got it?

00:10:55As your lord

00:10:56you will see from this,

00:10:57there is no indication

00:10:58whatever

00:10:58that the plaintiff

00:10:59suffered from epilepsy,

00:11:00dizziness,

00:11:01nervous trouble,

00:11:02nor that there is

00:11:02any family history

00:11:03of epilepsy.

00:11:05Now, Mr. Cummings,

00:11:06could such an accusation

00:11:08affect your business career?

00:11:09It not only could,

00:11:10it did.

00:11:11In what way?

00:11:12Well, after I bought

00:11:13Louis out,

00:11:14Icarus Properties

00:11:15became a one-man band

00:11:16and no one

00:11:17in his right senses

00:11:18is going to back you

00:11:19if he thinks you have fits.

00:11:20No.

00:11:21Thank you, Mr. Cummings.

00:11:24Now, Mr. Cummings,

00:11:25you knew April Hammond

00:11:27prior to the crash.

00:11:28Yes, yes.

00:11:30Was she your mistress as well?

00:11:33She had been

00:11:35a few years ago.

00:11:37Yes.

00:11:38Other people's reputations

00:11:39don't come for much

00:11:40with you,

00:11:41do they,

00:11:41Mr. Cummings?

00:11:43Now, Mr. Cummings,

00:11:44what is your financial position?

00:11:45My lord,

00:11:46I cannot see how this

00:11:46is relevant to the case.

00:11:47I can, Mr. Ingrams,

00:11:49and the witness will answer.

00:11:51Well, I haven't got

00:11:52my bank statement

00:11:52with me at the moment.

00:11:55Is it not true,

00:11:56Mr. Cummings,

00:11:56that your company,

00:11:58Icarus Properties,

00:11:59has just gone into

00:12:00voluntary liquidation?

00:12:01Yes.

00:12:22Now, Mr. Cummings,

00:12:23let's return to this question

00:12:24we were talking about

00:12:25a few minutes ago,

00:12:27the liquidation.

00:12:28You blame Mrs. Simon

00:12:30for this, do you not?

00:12:31Yes.

00:12:32But this alleged libel

00:12:33did not occur

00:12:33until after you had called

00:12:35an extraordinary

00:12:36general meeting

00:12:37of your shareholders.

00:12:38That's right,

00:12:38that's when she turned up

00:12:39with the broadsheets.

00:12:40Yes, so why did you call

00:12:41an extraordinary general meeting

00:12:42in the first place?

00:12:43Well,

00:12:44things were a bit sticky.

00:12:46A bit sticky?

00:12:48Surely Icarus Properties

00:12:49were on the verge

00:12:50of bankruptcy then,

00:12:51were they not?

00:12:52Well,

00:12:53cash was a bit tied.

00:12:54Anyway,

00:12:54I'd been in hospital,

00:12:55but we still owned

00:12:56the full Chester property.

00:12:57Which is what you were

00:12:58trying to sell

00:12:59to Louis Simon

00:12:59when you took him

00:13:00up in your aeroplane,

00:13:01were you not?

00:13:02And as you have heard

00:13:03on the control tower

00:13:03tape recording,

00:13:04Mr. Simon wasn't interested.

00:13:06I don't know,

00:13:07I can't remember.

00:13:08Ah,

00:13:09thanks to your

00:13:10partial amnesia.

00:13:12But how else

00:13:12would you interpret

00:13:13your own words

00:13:14on the control tower

00:13:15tape recording?

00:13:16Which words?

00:13:17Well,

00:13:18you said,

00:13:19I thought you wanted

00:13:21to see the property.

00:13:23Don't you want to?

00:13:24Yes,

00:13:25but you never hear

00:13:25Louis actually say,

00:13:26no,

00:13:27he wasn't interested

00:13:27in the property.

00:13:28We don't actually hear

00:13:29Mr. Simon say anything

00:13:31at that point.

00:13:31Obviously his reactions

00:13:32were unenthusiastic,

00:13:34otherwise you wouldn't

00:13:34have said what you did.

00:13:35But Louis was like that.

00:13:36Like what?

00:13:37Well,

00:13:37he liked to haggle,

00:13:38he enjoyed beating you down.

00:13:40But in that case,

00:13:41if he was haggling,

00:13:42your replies would have

00:13:43been different,

00:13:44would they not?

00:13:46How?

00:13:47Well,

00:13:47I mean,

00:13:48isn't it a tactic,

00:13:49for example,

00:13:50perhaps to suggest

00:13:51that you had another client

00:13:52who was very interested

00:13:53in the property?

00:13:54I don't know.

00:13:55It's your game,

00:13:56not mine.

00:13:57You see,

00:13:57your replies

00:13:58suggest despair,

00:14:00do they not?

00:14:00Not the excitement

00:14:01of the business deal.

00:14:03And later,

00:14:04in the same recording,

00:14:05you say,

00:14:06and I quote,

00:14:06it's no good,

00:14:09I've had enough,

00:14:10I can't go on any longer.

00:14:12Well,

00:14:12I couldn't,

00:14:12could I?

00:14:12I mean,

00:14:13if Louis wasn't interested

00:14:13in the property,

00:14:15and I don't know

00:14:15whether he was or he wasn't,

00:14:17but I couldn't go on

00:14:18flying around in circles

00:14:19in Fullchester Airport's

00:14:21traffic band,

00:14:22it stands to reason.

00:14:23But there is an alternative

00:14:24interpretation of your remarks,

00:14:26is there not?

00:14:26I can't think of one.

00:14:27I can't go on any longer.

00:14:30Suggest,

00:14:30does it not,

00:14:31that you are at the end

00:14:32of your tether?

00:14:34No,

00:14:34not necessarily.

00:14:35Well,

00:14:35I would suggest

00:14:36if this was found

00:14:36in a letter,

00:14:37the only interpretation

00:14:38would be

00:14:39that it was

00:14:40a despair of life,

00:14:42an intention

00:14:43to commit suicide.

00:14:44No.

00:14:44Lord,

00:14:45I submit

00:14:45the witnesses

00:14:45are not here

00:14:46to speculate

00:14:46about the construction

00:14:47of letters.

00:14:48Yes,

00:14:48I agree,

00:14:49Mr Parsons.

00:14:51My Lord,

00:14:52Mr Cummings,

00:14:54before this crash,

00:14:55when you bought out

00:14:56Mr Simons'

00:14:57holding in your company,

00:14:59it is true to say,

00:15:00is it not,

00:15:00that you had every expectation

00:15:01of becoming

00:15:02a property tycoon yourself?

00:15:04Well,

00:15:04I don't know about tycoon,

00:15:06but yes,

00:15:06I hope to make

00:15:07a success of things.

00:15:07And you've said

00:15:08that Mrs Simons'

00:15:09accusations

00:15:09that you were an epileptic

00:15:10have ruined

00:15:11your business career.

00:15:12Well,

00:15:12it didn't do it any good.

00:15:13Yes,

00:15:13but this could all

00:15:14have happened

00:15:14at any time,

00:15:15could it not?

00:15:16What do you mean?

00:15:17Well,

00:15:18I mean,

00:15:18suppose,

00:15:19for example,

00:15:20for example,

00:15:21that you had been

00:15:22refused a pilot's license

00:15:24because you took

00:15:26epileptic seizures.

00:15:27This would have

00:15:27the same effect,

00:15:28would it not,

00:15:29as Mrs Simons'

00:15:29disclosures?

00:15:30That's pure speculation.

00:15:32And anyway,

00:15:32how could anyone know

00:15:33I'd been refused

00:15:34a pilot's license

00:15:35on medical grounds?

00:15:36That sort of information

00:15:37is confidential.

00:15:38But you'd have to

00:15:39have given up flying.

00:15:40Isn't a pilot's license

00:15:41renewable every 12 months?

00:15:43Yes,

00:15:43but the medical information

00:15:44on Form 46

00:15:45is confidential.

00:15:46Yes,

00:15:47but it doesn't alter

00:15:47the fact that you

00:15:48wouldn't have been able

00:15:49to fly yourself.

00:15:50Would your friends

00:15:51perhaps have suspected

00:15:52there were some

00:15:52medical reasons for this?

00:15:54Are you suggesting...

00:15:54It would therefore

00:15:55be in your own interest,

00:15:56would it not,

00:15:57to deny the existence

00:15:58of any such seizure?

00:16:00You're suggesting

00:16:00that I broke the law.

00:16:02Withholding that sort

00:16:03of information

00:16:03is a very serious event.

00:16:04Well,

00:16:05there's an additional

00:16:05reason, surely,

00:16:06for keeping silent

00:16:07about your attacks.

00:16:08Well,

00:16:08you're presuming

00:16:09that I lied

00:16:09about being an epileptic.

00:16:11I didn't.

00:16:12Have you ever heard

00:16:13the expression

00:16:14Petit mal?

00:16:16No.

00:16:17Did you say

00:16:18you'd never suffered

00:16:18from a temporary

00:16:19absence of mind,

00:16:20a blank moment?

00:16:21No,

00:16:21never.

00:16:24Hmm.

00:16:26Now,

00:16:27how much

00:16:27were you hoping

00:16:28to sell

00:16:28your future

00:16:29property for?

00:16:30I didn't want

00:16:31to sell it.

00:16:31I was hoping

00:16:32Louis would put up

00:16:32some capital

00:16:33and help me develop it.

00:16:34Yes,

00:16:34but surely there were

00:16:34other sources of finance.

00:16:36Yes,

00:16:36well,

00:16:36Louis was my best bet.

00:16:37I knew him.

00:16:38We'd been partners.

00:16:39Yes,

00:16:39but obviously he wasn't

00:16:40interested.

00:16:41It's strange,

00:16:42isn't it,

00:16:42how you only remember

00:16:43certain things,

00:16:44like flying a circuit,

00:16:45buying a Bloody Mary,

00:16:47and, of course,

00:16:48the argument between

00:16:49Mrs. Simon and Mr. Hammond.

00:16:51That's the effect

00:16:52of partial amnesia,

00:16:53so I'm told.

00:16:54Yet you don't remember

00:16:55Mrs. Hammond being on board?

00:16:57No.

00:16:58But you have admitted

00:16:59that you were

00:16:59Mrs. Hammond's lover

00:17:00at one time.

00:17:01When?

00:17:03Oh,

00:17:03about a year or so ago.

00:17:05Yes,

00:17:05about the time

00:17:06you brought Mr. Simon out?

00:17:07Yes.

00:17:07Now,

00:17:08how did the affair

00:17:09come to an end?

00:17:10The usual way.

00:17:13Enlighteners,

00:17:14Mr. Cummings,

00:17:15what is the usual way?

00:17:17Well,

00:17:18we decided

00:17:18we'd had enough.

00:17:19It was all

00:17:20quite amicable.

00:17:21And Mr. Simon

00:17:22took over

00:17:22your discarded mystery?

00:17:24Yes.

00:17:24Or had you

00:17:26not discarded her?

00:17:28Did he,

00:17:28in fact,

00:17:29not take her

00:17:30away from you?

00:17:31Look,

00:17:31Louis Simon

00:17:32was an old man.

00:17:34Well,

00:17:34he was 52

00:17:35when he died.

00:17:37Yes,

00:17:38well,

00:17:38maybe not an old man,

00:17:39but,

00:17:39no,

00:17:40he didn't take her

00:17:41from me.

00:17:41You passed

00:17:42Mrs. Hammond

00:17:43over to him

00:17:43quite amicably.

00:17:44Yes.

00:17:45She was like

00:17:45a well-used car.

00:17:46She'd had plenty

00:17:46of owners.

00:17:48Or did she

00:17:49perhaps decide

00:17:49to give up

00:17:50one property

00:17:51speculator

00:17:51for another

00:17:52property speculator

00:17:53who was

00:17:54immeasurably

00:17:55more successful?

00:17:56I don't know.

00:17:56You'll have to ask

00:17:57you,

00:17:57won't you?

00:17:58Mr. Cummings.

00:17:59It's of no importance,

00:18:00my lord.

00:18:00It is to me,

00:18:01Mr. Bussin.

00:18:02I apologise,

00:18:03my lord.

00:18:05Mr. Cummings,

00:18:06what was the property

00:18:07in which you were

00:18:07trying to interest

00:18:09Mr. Simon?

00:18:10Well,

00:18:10it was an old

00:18:10factory site

00:18:11near the airport.

00:18:12Yes,

00:18:12and how did you

00:18:13propose to develop

00:18:13this site?

00:18:14Well,

00:18:15I wanted to build

00:18:15a hotel and office complex.

00:18:17Yes,

00:18:17you had submitted

00:18:17plans to Fudster

00:18:18Corporation Planning Department.

00:18:19Yes.

00:18:20And had these plans

00:18:21been accepted?

00:18:22Well,

00:18:22not again.

00:18:23Not exactly.

00:18:24We were in the

00:18:25throes of making

00:18:25some alterations.

00:18:27That's not the question

00:18:28I asked,

00:18:29Mr. Cummings.

00:18:30No,

00:18:31the plans for that

00:18:31particular project

00:18:32had not yet been accepted.

00:18:34We were amending them.

00:18:35Isn't it true,

00:18:36Mr. Cummings,

00:18:37that Fudster Corporation

00:18:38Planning Department

00:18:39in fact turned down

00:18:40your proposed

00:18:40office and hotel complex?

00:18:42Yes,

00:18:43but that wasn't final.

00:18:43It happens all the time

00:18:44in the property game.

00:18:45It couldn't have happened

00:18:46at a worse time for you,

00:18:47could it?

00:18:47How do you mean?

00:18:48Well,

00:18:48I mean,

00:18:48you didn't have enough money

00:18:49to develop the property yourself.

00:18:50Otherwise,

00:18:51you would have had to go

00:18:52to Mr. Simon.

00:18:54All right,

00:18:54so I didn't have

00:18:55money available,

00:18:57but I'd have got

00:18:58planning permission

00:18:58in the end.

00:18:59Not from a hotel

00:19:00and office complex,

00:19:01apparently.

00:19:01You don't know that.

00:19:03Well,

00:19:03Mr. Simons

00:19:04must have been equally

00:19:05doubtful about your chances.

00:19:07Oh,

00:19:07he didn't say so.

00:19:07How do you know?

00:19:10You don't remember

00:19:11what he did say?

00:19:14Well,

00:19:14he must have been interested

00:19:15or he wouldn't have

00:19:16come up in the plane

00:19:17to look at the side,

00:19:18would he?

00:19:19I don't know,

00:19:20Mr. Cummings.

00:19:23Nevertheless,

00:19:24it does seem surprising,

00:19:25does it not,

00:19:25that he should take his mistress

00:19:27on a purely business flight?

00:19:29Oh,

00:19:29Louis was like that.

00:19:30He always combined

00:19:31business with pleasure.

00:19:32You sound bitter.

00:19:33Do you resent the fact

00:19:34that you had to approach

00:19:35Mr. Simon

00:19:36to finance your project?

00:19:37Resent?

00:19:38No.

00:19:39I'd have preferred

00:19:40to do it on my own,

00:19:41that's all.

00:19:42Still,

00:19:43it must have been

00:19:43a curious situation,

00:19:44Mr. Cummings.

00:19:45Why?

00:19:45In that aeroplane.

00:19:47How?

00:19:47Well,

00:19:48I mean,

00:19:48there you were

00:19:49flying your

00:19:49one-time business partner

00:19:51with your ex-mistress,

00:19:53now his mistress,

00:19:54over a property

00:19:54you had no permission

00:19:55to develop

00:19:56and presumably

00:19:57all the time

00:19:58trying to extract

00:19:59large sums of money

00:20:00from him.

00:20:00It's no wonder

00:20:01you felt bitter.

00:20:02I told you,

00:20:03I didn't.

00:20:03And when Louis Simon

00:20:04showed no interest

00:20:05in that sight,

00:20:06in that white elephant

00:20:07you had bought,

00:20:08did you then decide

00:20:09to end it all,

00:20:10to commit suicide?

00:20:12No.

00:20:13Well,

00:20:13how can you be so sure?

00:20:15Or has your partial amnesia

00:20:17suddenly become

00:20:18less partial?

00:20:21No further questions,

00:20:23my lord.

00:20:24Mr. Cummings,

00:20:25have you ever

00:20:26experienced anything

00:20:27that you would remotely

00:20:28describe as an epileptic seizure?

00:20:30No.

00:20:30Prior to the crash,

00:20:32have you ever felt

00:20:33bitter or resentful

00:20:34about Louis Simon?

00:20:35No, never.

00:20:36Is it usually difficult

00:20:38to raise money

00:20:39for property development?

00:20:40No, no,

00:20:40I never had any trouble.

00:20:42But since Mrs. Simon

00:20:43alleged libel,

00:20:44has financing your projects

00:20:45become more difficult?

00:20:46Very much so, yes.

00:20:47As a result of the crash,

00:20:48were you seriously injured?

00:20:50Yes, I was in hospital

00:20:51for three months.

00:20:52Oh, you were an experienced pilot,

00:20:53Mr. Cummings.

00:20:55If you had intended

00:20:55to take your own life

00:20:56in your own aircraft,

00:20:58is a crash one mile

00:20:59from Fulchester Airport

00:21:00the method you would choose?

00:21:01No.

00:21:01If I'd been going

00:21:02to kill myself,

00:21:03I wouldn't have flown

00:21:03into the deck

00:21:04from 1,500 feet.

00:21:05No one would.

00:21:06The deck?

00:21:07The ground, my lord.

00:21:08How would you take

00:21:09your own life,

00:21:10Mr. Cummings?

00:21:11Well, I'd put the plane

00:21:11into a power dive

00:21:12from 5 or 10,000

00:21:13straight into the side

00:21:14of a hill.

00:21:15There'd be no likelihood

00:21:16of ever walking

00:21:17away from that.

00:21:18No.

00:21:19Thank you, Mr. Cummings.

00:21:20Yes, you may leave

00:21:21the witness box now,

00:21:22Mr. Cummings.

00:21:23I call Dr. Charles Hayward,

00:21:24my lord.

00:21:24Yes.

00:21:25And Mr. Cummings

00:21:26is one of your patients?

00:21:28He is.

00:21:28How long has he been

00:21:29a patient, doctor?

00:21:30About five years.

00:21:32Now, what would you say

00:21:32is the general state

00:21:33of his health?

00:21:35Very good.

00:21:36At least it was

00:21:36until the crash.

00:21:38Now, during the time

00:21:38that he's been your patient,

00:21:39has Mr. Cummings

00:21:40ever complained

00:21:41of sudden spells

00:21:42of absent-mindedness

00:21:43or anything indeed

00:21:44that would suggest to you

00:21:45that he might be

00:21:45suffering from epilepsy?

00:21:47No, sir.

00:21:48Now, do you only meet

00:21:50Mr. Cummings professionally

00:21:51or do you meet socially?

00:21:53Oh, I know him well.

00:21:54We belong to the same

00:21:55golf club.

00:21:56We go to the same

00:21:57cocktail parties.

00:21:58In fact, I see far more

00:21:59of him socially

00:21:59than professionally.

00:22:00So you'd have had

00:22:01many opportunities

00:22:01to study his behaviour?

00:22:02Oh, yes.

00:22:03And have you ever

00:22:04at any time

00:22:04had reason to suspect

00:22:05that Mr. Cummings

00:22:06might be epileptic?

00:22:07I have not, sir.

00:22:08The idea is utterly

00:22:09preposterous.

00:22:10Dr. Hayward,

00:22:10have you ever

00:22:11for any reason

00:22:12prescribed for Mr. Cummings

00:22:13any anti-convulsant drug?

00:22:15I have not.

00:22:17Thank you, Dr. Hayward.

00:22:18Dr. Hayward,

00:22:19it is true,

00:22:20is it not,

00:22:20that epilepsy

00:22:21can be a great

00:22:21embarrassment

00:22:22to the sufferer?

00:22:23Oh, yes, undoubtedly.

00:22:24Of course,

00:22:25the fits of attacks

00:22:25can be embarrassing

00:22:26socially.

00:22:27Yes.

00:22:28Yes.

00:22:28Could you describe

00:22:29to the jury

00:22:29the symptoms

00:22:30of such an attack?

00:22:32Well, the epileptic

00:22:33usually has warning

00:22:34of a coming attack.

00:22:35It begins with

00:22:36violent convulsions

00:22:37of the muscles.

00:22:38The patient usually

00:22:39goes rigid.

00:22:39He collapses.

00:22:41Then the convulsions

00:22:42occur.

00:22:43Jerking of the arms

00:22:44and legs.

00:22:45Violent contractions

00:22:46of the abdominal muscles

00:22:48which may cause

00:22:49the patient

00:22:49to lose control

00:22:50of his bowels.

00:22:51The jaws work.

00:22:53Sometimes the tongue

00:22:53is bitten.

00:22:55How long does this

00:22:55type of attack last?

00:22:57Oh, it varies.

00:22:58Anything from a few minutes

00:22:59to several hours.

00:23:00And after the seizure

00:23:01the patient usually

00:23:02becomes unconscious,

00:23:03does he not?

00:23:03That is so.

00:23:05Now, what you have

00:23:05described to us

00:23:06is what is known

00:23:07as a grand mal,

00:23:09is it not?

00:23:10It is.

00:23:11Now, is that the only

00:23:12type of epileptic seizure

00:23:13there is?

00:23:14No, there is also

00:23:15what is known

00:23:16as a pity mal.

00:23:17A pity mal is a much

00:23:18milder form of attack,

00:23:19is it not?

00:23:20Yes.

00:23:21Does it last as long

00:23:22as the other type?

00:23:23No.

00:23:24Is it as violent as seizure?

00:23:25No.

00:23:26Does the patient

00:23:27usually become

00:23:27unconscious afterwards?

00:23:28Not at all.

00:23:29No.

00:23:30Now, what is

00:23:32a pity mal absence?

00:23:35Well, it almost

00:23:36literally defines itself

00:23:37as it's a temporary absence

00:23:38and abrupt loss

00:23:39of consciousness.

00:23:40How long does this last?

00:23:41A few seconds.

00:23:43Now, is there any way

00:23:44in which you can tell

00:23:45if someone is suffering

00:23:45from a pity mal absence?

00:23:47Well, only by their

00:23:48vacant expression,

00:23:49facial pallor.

00:23:51Sometimes it's accompanied

00:23:52by fluttering of the eyes.

00:23:54It is something, in fact,

00:23:55which might not be noticed

00:23:56at all.

00:23:57Possibly, yes.

00:23:59Now, you said

00:24:00you had professional

00:24:01and social contact

00:24:02with the plaintiff,

00:24:03Mr Cummings.

00:24:04Yes.

00:24:05Don't you see him

00:24:05every day?

00:24:06No.

00:24:07Once a week?

00:24:08No.

00:24:08So, in fact, Dr Hayward,

00:24:10Mr Cummings could suffer

00:24:11from pity mal seizures

00:24:12without your knowing.

00:24:14Well, I suppose...

00:24:15Just answer the question

00:24:16yes or no, please, doctor.

00:24:19Yes, it's possible.

00:24:20The case of Cummings

00:24:45versus Simon

00:24:46will be resumed tomorrow

00:24:47in the Crown Court.

00:24:49A light aeroplane crashed.

00:25:03The two passengers were killed.

00:25:05Only the pilot,

00:25:06Edward Cummings, survived.

00:25:07What was the cause

00:25:08of the crash?

00:25:09Mrs Simon,

00:25:10the widow of one

00:25:11of the passengers,

00:25:12voiced her suspicions.

00:25:13This is the second day

00:25:14of the libel case

00:25:15Cummings versus Simon

00:25:16in Fulchester Crown Court.

00:25:20Dr Hayward,

00:25:22regarding this medical condition

00:25:23which my learned friend

00:25:24has called

00:25:25a pretty mal absence,

00:25:27have you ever

00:25:28at any time

00:25:28observed such a lapse

00:25:29of consciousness

00:25:30on Mr Cummings' part?

00:25:32Only when he's putting, sir.

00:25:34It's comforting to know, doctor,

00:25:35that one's failure

00:25:36with the putter

00:25:37can be due

00:25:37to an epileptic condition.

00:25:39No, that's not

00:25:40what I meant, my lord.

00:25:42All I meant to say

00:25:43was that I do not believe

00:25:44that Ted Cummings

00:25:45has ever suffered

00:25:45from any form of epilepsy.

00:25:47Thank you very much, doctor.

00:25:48Thank you, doctor.

00:25:49You may leave the witness box.

00:25:51I call Alfred Donoghue,

00:25:52my lord.

00:25:54You are Alfred Tresco Donoghue

00:25:55of 17 Birch Grove,

00:25:57Guilford, Surrey.

00:25:58I am.

00:25:59And you were

00:25:59an inspector of accidents

00:26:00employed by the Department

00:26:01of Trade and Industry.

00:26:02To be precise,

00:26:03I was an inspector of accidents

00:26:05in brackets operations.

00:26:06Oh, and what is the significance

00:26:07of the brackets, Mr Donoghue?

00:26:09It differentiates my job

00:26:11from that of inspector

00:26:12of accidents engineering.

00:26:13In brackets?

00:26:15Yes, my lord.

00:26:16What are your qualifications,

00:26:18Mr Donoghue?

00:26:1916, five years in the RAF,

00:26:21followed by 16 years

00:26:22as an airline pilot,

00:26:23and seven in the accident

00:26:25investigation branch

00:26:26of the DTI,

00:26:27Department of Trade

00:26:28and Industry, my lord.

00:26:29Trade and Industry, yes.

00:26:30Thank you, Mr Donoghue.

00:26:31But it would be helpful

00:26:31if we could avoid abbreviations.

00:26:33As your lordship pleases.

00:26:35What is your present occupation,

00:26:36Mr Donoghue?

00:26:37I am a consultant

00:26:38on aviation matters

00:26:39to several private companies.

00:26:41I see.

00:26:42Now, have you read the report

00:26:43on the crash

00:26:44near Fulchester Aerodrome

00:26:45in which Louis Simon

00:26:45and April Hammond

00:26:46were killed?

00:26:47I have, sir.

00:26:48My lord,

00:26:48the Civil Aviation

00:26:50Accident Report

00:26:51number 24A-73

00:26:54is another agreed document.

00:26:56You will find it

00:26:56at pages 4 to 11

00:26:57of the agreed bundle.

00:26:58Yes, I have it, Mr Ingram.

00:27:00How does the investigation team

00:27:01go about establishing

00:27:02the cause of the accident?

00:27:04Once one has identified

00:27:05the registration number

00:27:07of the aircraft,

00:27:08its type,

00:27:08where it was being flown to,

00:27:10then one attempts

00:27:11to establish

00:27:11the impact attitude

00:27:13of the aircraft.

00:27:14That is to say,

00:27:15its attitude

00:27:16in pitch, roll,

00:27:17and heading.

00:27:18Mr Donoghue,

00:27:19could you elucidate

00:27:19in non-technical language?

00:27:22Pitch, my lord,

00:27:23is the angle

00:27:24at which the aircraft

00:27:25struck the ground.

00:27:27Roll is the angle

00:27:28of the wings,

00:27:29and heading

00:27:30is the direction

00:27:31in which it was flying.

00:27:32Yes, correct, my lord.

00:27:34Yes, thank you, Mr Donoghue.

00:27:37Now, Mr Donoghue,

00:27:38then one must also

00:27:39establish the configuration

00:27:40of the aircraft.

00:27:41The what?

00:27:43That is to say, my lord,

00:27:45whether the flaps

00:27:46were down or up,

00:27:48whether the engines

00:27:48were under power or not,

00:27:50whether the undercarriage

00:27:51was retracted or not.

00:27:52Thank you, Mr Donoghue,

00:27:54for being so instructive.

00:27:55Thank you, Mr Ingram.

00:27:56Lord,

00:27:56Mr Donoghue,

00:27:58now, does the accident report

00:27:59mention any mechanical defect

00:28:01which must have existed

00:28:02in the aircraft

00:28:03prior to take-off?

00:28:04Yes, sir, it does.

00:28:05What is that defect?

00:28:07Well, interestingly enough,

00:28:08according to the report,

00:28:10there was a fatigue crack

00:28:12in the heat exchange unit

00:28:13of the cabin heater system.

00:28:15Now, what would be

00:28:15the effect of such a crack?

00:28:17Carbon monoxide gas

00:28:18would be present

00:28:19in the cabin itself

00:28:19during the flight.

00:28:20I see.

00:28:21And what would be the effect

00:28:22of the presence

00:28:22of carbon monoxide gas

00:28:23upon the pilot?

00:28:24The effect is very similar

00:28:25to that of alcoholic

00:28:27intoxication,

00:28:28drunkenness.

00:28:30The effect on the pilot

00:28:31would be akin

00:28:31to alcoholic intoxication?

00:28:33Yes, sir, it would.

00:28:34I see.

00:28:34Thank you, Mr Donoghue.

00:28:37Mr Donoghue,

00:28:38does the Civil Aviation

00:28:39accident report

00:28:40give any single cause

00:28:42for the crash

00:28:42of Mr Cummings'

00:28:43lab-wing aircraft?

00:28:44No, sir, it does not.

00:28:45The report establishes

00:28:47two facts.

00:28:48One, the existence

00:28:49of a fatigue crack

00:28:51in the heat exchange unit.

00:28:52And two,

00:28:53that when the aircraft

00:28:54struck the ground,

00:28:55it was under power.

00:28:57That is to say,

00:28:58the engines were on.

00:29:00Now, how does this

00:29:00heat exchange system work?

00:29:02Well, according

00:29:03to the scientific...

00:29:05It has a special

00:29:08heater system

00:29:09fuelled from the main

00:29:10tanks like a

00:29:11small oil stove,

00:29:13you might say.

00:29:14So any defect

00:29:15in the heating system

00:29:15wouldn't affect

00:29:16the performance

00:29:16of the aircraft

00:29:17in flight?

00:29:18Not mechanically,

00:29:19no, sir.

00:29:20But the carbon monoxide

00:29:22fumes might have

00:29:23affected the pilot.

00:29:24Indeed, it has been known.

00:29:26And you said

00:29:26the carbon monoxide

00:29:27poisoning is akin

00:29:28to drunkenness.

00:29:29Yes, sir.

00:29:30Now, does the report

00:29:31indicate whether

00:29:32there was sufficient

00:29:33carbon monoxide

00:29:34in the cabin

00:29:35to have affected

00:29:36the pilot?

00:29:36No, sir, it does not.

00:29:38And were the bodies

00:29:40of Mr Simon

00:29:42and Mrs Hammond

00:29:43subjected to certain tests?

00:29:44Yes, sir.

00:29:45Tissue samples

00:29:46were taken from the deceased

00:29:47and sent for gas

00:29:48chromatography.

00:29:49Oh, and what is

00:29:50that, Mr Donoghue?

00:29:51It is a test, my lord,

00:29:53whereby the presence

00:29:54of carbon monoxide

00:29:55and various drugs

00:29:56can be detected.

00:29:58And was there

00:29:59any signs

00:29:59of carbon monoxide

00:30:01in the tissue samples

00:30:02taken from the two passengers?

00:30:03No, sir, there was not.

00:30:05So it would be true

00:30:05to say, would it not,

00:30:06Mr Donoghue,

00:30:07that there is no proof

00:30:07that Mr Cummings

00:30:08was overcome

00:30:09by carbon monoxide?

00:30:10There's no simple answer

00:30:11to that.

00:30:13Because of the fatigue crack,

00:30:15there must have been

00:30:16carbon monoxide

00:30:16present somewhere

00:30:17in the cabin.

00:30:18But in what quantity

00:30:19or what particular effect

00:30:21it would have had

00:30:21on Mr Cummings?

00:30:22I cannot say.

00:30:25Yes.

00:30:26Now, Mr Donoghue,

00:30:27the engines

00:30:28were under power

00:30:29when the plane crashed.

00:30:31Presumably,

00:30:31Mr Cummings

00:30:32had not turned off

00:30:33the fuel cocks

00:30:34by the moment of impact.

00:30:35There's no need

00:30:36to presume, sir.

00:30:37He hadn't.

00:30:38But wouldn't turning

00:30:39off the fuel cocks

00:30:40be correct emergency

00:30:42procedure

00:30:43for an experienced pilot?

00:30:45It is laid down

00:30:45in the manuals, sir.

00:30:46Yes.

00:30:47And apart from the fatigue crack,

00:30:49it would be true

00:30:49to say, would it not,

00:30:50that the plane

00:30:51was in good

00:30:51mechanical order.

00:30:52Yes, sir.

00:30:53And that weather conditions

00:30:54were suitable for flying.

00:30:55Yes, they were.

00:30:56Now, Mr Donoghue,

00:30:58in the Civil Aviation

00:31:00Accident Report,

00:31:01Section 1, Part 1,

00:31:03it says that

00:31:04Mr Cummings' aircraft

00:31:06went into a 90-degree dive

00:31:08and started to spin.

00:31:10It recovered at ground level,

00:31:12but the port wing touched.

00:31:15Yes, sir.

00:31:15Yes.

00:31:16Now, is that a manoeuvre

00:31:18that an experienced pilot

00:31:20would attempt

00:31:20at 1,600 feet?

00:31:22No, sir.

00:31:23In layman's language,

00:31:25that is a recipe

00:31:25for sudden death.

00:31:26Yes.

00:31:28When is an aircraft

00:31:29most prone to spin?

00:31:31When it is mishandled

00:31:32in a steep turn.

00:31:34Mishandled in what way?

00:31:35Well,

00:31:36the aircraft may have

00:31:3760 degrees of bank on it

00:31:39and be pulling

00:31:392 to 3 G.

00:31:40if the pilot

00:31:41doesn't handle

00:31:42the controls

00:31:43with sensitivity,

00:31:43he's in trouble.

00:31:44Yes.

00:31:45Now, Mr Cummings

00:31:46would appear to have been

00:31:47attempting just such a turn

00:31:49before his crash,

00:31:49would he not?

00:31:50Yes.

00:31:52Now, Mr Donoghue,

00:31:52one of the symptoms

00:31:54of an epileptic seizure

00:31:55is a sudden tensing

00:31:57of the muscles.

00:31:58If a pilot suffered

00:32:00a sudden muscular tension

00:32:02or rigidity,

00:32:02what effect would that have

00:32:04on the performance

00:32:06of the aircraft

00:32:06that he was flying?

00:32:07Well, any tensing

00:32:08of the hands

00:32:09on the controls

00:32:10would tend to increase the G,

00:32:12causing a high-speed stall.

00:32:13Yes.

00:32:13The aircraft would flick

00:32:14and go into a spin.

00:32:16Yes.

00:32:16And if the pilot

00:32:18lost consciousness

00:32:20for a moment

00:32:20at the same time,

00:32:21he'd be unable

00:32:22to correct that spin.

00:32:24That is so, sir.

00:32:25Yes.

00:32:26Now, Mr Donoghue,

00:32:27as an aviation expert,

00:32:30would you say

00:32:31that the circumstances

00:32:32of Mr Cummings' crash

00:32:34were consistent with him

00:32:36having suffered

00:32:37a pretty mal seizure?

00:32:39Well, there are many others...

00:32:41Are the circumstances

00:32:42consistent, Mr Donoghue?

00:32:45Yes, the crash is consistent

00:32:47with a pretty mal seizure.

00:32:50No further questions, my Lord.

00:32:52Mr Donoghue,

00:32:53just a minute, Mr Ingrams.

00:32:56Mr Donoghue,

00:32:57to your knowledge,

00:32:57is there any record

00:32:59of an epileptic seizure

00:33:00causing a plane crash?

00:33:02Yes, my Lord.

00:33:03There has been one,

00:33:04to my knowledge.

00:33:05Yes, but surely

00:33:06in order to obtain

00:33:07a pilot's license,

00:33:08a man must undergo

00:33:09a most stringent examination.

00:33:11Yes, my Lord,

00:33:12but only if a pilot

00:33:13is over 40

00:33:14is an EEG compulsory.

00:33:15Abbreviations again,

00:33:16Mr Donoghue.

00:33:17I'm sorry, my Lord.

00:33:20EEG electroencephalograph.

00:33:23This is a machine

00:33:24that can detect

00:33:24abnormal activity

00:33:25in the brain,

00:33:27like epilepsy.

00:33:28Mr Ingrams,

00:33:28how old is the plaintiff?

00:33:3036, my Lord.

00:33:31Pray continue.

00:33:32My Lord.

00:33:33Mr Donoghue,

00:33:34there is a point

00:33:34I should like to clarify,

00:33:35if I may.

00:33:36Now, you said

00:33:37that there must have been

00:33:38carbon monoxide

00:33:39present in the cabin.

00:33:40Yes, sir.

00:33:41And you further said

00:33:42that the effect

00:33:43of carbon monoxide

00:33:43in sufficient quantity

00:33:44would be to induce

00:33:46a euphoric condition

00:33:47akin to alcoholic intoxication.

00:33:49That is so, sir.

00:33:50Now, Mr Donoghue,

00:33:51in your expert opinion,

00:33:53would such a condition

00:33:53account for Mr Cummings

00:33:55losing control

00:33:55of the aircraft?

00:33:57Yes, sir.

00:33:58It would.

00:33:58It would?

00:34:00Thank you, Mr Donoghue.

00:34:01Thank you, Mr Donoghue.

00:34:02You may leave

00:34:03the witness box.

00:34:04The final witness

00:34:05for the plaintiff

00:34:06is Judith Turner, my Lord.

00:34:07Yes.

00:34:07Now, you were a friend

00:34:08of April Hammond's.

00:34:09Her best friend, yes.

00:34:11You, uh,

00:34:13you confided in one another?

00:34:15What else are best friends for?

00:34:17Now, you knew

00:34:18of her relationship

00:34:19with Mr Simon?

00:34:20Oh, yes.

00:34:21Yes, she told me

00:34:21all about it.

00:34:23Poor cow.

00:34:24You were sorry for her?

00:34:25Well, of course.

00:34:27Louis was an old swine.

00:34:29Well, look at the way

00:34:30he treated her.

00:34:31And how did he treat her?

00:34:33April had been with him

00:34:34for nearly two years.

00:34:36Well, that's a long time,

00:34:37particularly when you're

00:34:38April's age.

00:34:38How old was Mrs Hammond?

00:34:40She must have been

00:34:4128, my Lord,

00:34:42more or less.

00:34:43Well, she said that

00:34:44Louis had told her

00:34:45he'd get a divorce.

00:34:46This is hearsay,

00:34:47Mr Ingram.

00:34:47Yes, my Lord, it is.

00:34:49What does that mean, my Lord?

00:34:50It means, Mr...

00:34:51that your evidence

00:34:52must be direct.

00:34:53You may not say

00:34:54what someone told you

00:34:56that someone else has said.

00:34:57Oh, I see.

00:34:59But April did tell me, but...

00:35:00Yes, yes, yes, yes.

00:35:01Miss Turner,

00:35:02perhaps I could

00:35:03rephrase the question, my Lord.

00:35:03It would be helpful, Mr Ingram.

00:35:05Yes, my Lord.

00:35:06Miss Turner,

00:35:06is it true to say

00:35:07that Mrs Hammond

00:35:09had reason to suppose

00:35:10that Mr Simon

00:35:11intended to marry her?

00:35:12Yes.

00:35:13Apart from the fact

00:35:14that Mr Simon

00:35:15was already married,

00:35:16Mrs Hammond herself

00:35:17was married.

00:35:17Oh, that wasn't a marriage.

00:35:19That was a sick joke.

00:35:21Now, to your knowledge,

00:35:22did Mrs Hammond

00:35:23press Mr Simon

00:35:24to marry her?

00:35:25Constantly, yes.

00:35:26Well, for the last two weeks

00:35:27before the crash, anyway.

00:35:29She was on at Louis

00:35:30all the time.

00:35:31About marriage?

00:35:32Of course.

00:35:33I tell you,

00:35:34April was getting desperate.

00:35:36Why?

00:35:37Well,

00:35:38she'd found out

00:35:39that Louis

00:35:40was keeping another woman

00:35:41somewhere,

00:35:42in a flat.

00:35:43Well, it was only a kid,

00:35:44she said,

00:35:45but she was pretty choked

00:35:46about it all the same.

00:35:47When did Mrs Hammond

00:35:48discover that she had a rival?

00:35:49About two days

00:35:51before they went

00:35:51to Fulchester.

00:35:52Knowing this,

00:35:53nevertheless,

00:35:53she went away

00:35:54with Mr Simon.

00:35:55When a man

00:35:56with that amount

00:35:57of money whistles,

00:35:58you come running,

00:35:59don't you?

00:36:01Mind you,

00:36:02I was amazed

00:36:03to hear she'd been killed

00:36:04in a plane crash.

00:36:05Amazed?

00:36:05Why?

00:36:06Well,

00:36:07April hated planes.

00:36:08What?

00:36:09She got airsick,

00:36:10you see.

00:36:11That was why

00:36:12she never flew.

00:36:13You mean Mrs Hammond

00:36:14never flew at all?

00:36:15Not while I knew her,

00:36:16no.

00:36:16She always used to say,

00:36:17the sight of an aeroplane

00:36:19made her sick.

00:36:23This was a short flight,

00:36:24was it not,

00:36:24at a low altitude

00:36:25over some property?

00:36:26All the more reason

00:36:27for not going,

00:36:28I'd have thought,

00:36:29unless she was determined

00:36:31to settle things with Louis

00:36:32one way or the other.

00:36:33My lord,

00:36:34this is complete fantasy.

00:36:35No further questions,

00:36:36my lord.

00:36:36Miss Turner,

00:36:56you said

00:36:56Mrs Hammond

00:36:58had never flown

00:36:59as long as you had known her.

00:37:00For how long did you know her?

00:37:02Ages.

00:37:03Well,

00:37:03how long is that?

00:37:04I don't know exactly.

00:37:06About six months?

00:37:07No.

00:37:07A year?

00:37:08More like two.

00:37:09Two years?

00:37:10Yes.

00:37:10At that time,

00:37:11you became her best friend?

00:37:13Yes.

00:37:13All the same,

00:37:14you could have no knowledge

00:37:15of Mrs Hammond's

00:37:16flying habits

00:37:17prior to that time.

00:37:19Only what she told me.

00:37:20She said she hated flying

00:37:21and would never go

00:37:22in a plane again.

00:37:23Are you implying

00:37:24that there's something sinister

00:37:25in the fact

00:37:26that she changed her mind?

00:37:28No,

00:37:28I'm just saying it's odd,

00:37:29that's all.

00:37:30Why odd?

00:37:31I mean,

00:37:31if Mrs Hammond

00:37:32was afraid of losing

00:37:33Mr Simon,

00:37:34what more natural

00:37:35than that she

00:37:36should keep an eye on them,

00:37:37even if it meant

00:37:38going up in an aeroplane.

00:37:39There's your explanation,

00:37:41then.

00:37:41And what's yours,

00:37:42Miss Turner?

00:37:43What about?

00:37:44Well,

00:37:45who told Mrs Hammond

00:37:46of the existence

00:37:47of a rival?

00:37:49What?

00:37:50Well,

00:37:50someone presumably

00:37:51told Mrs Hammond

00:37:52about this young lady

00:37:53Mr Simon was presumably

00:37:55keeping in a flat

00:37:56in Knightsbridge.

00:37:57Yes.

00:37:58Well,

00:37:58who was it?

00:37:59Come now,

00:38:00it was you,

00:38:00wasn't it,

00:38:01Miss Turner?

00:38:01Look,

00:38:02I don't see what

00:38:03this has got to do

00:38:03with anything.

00:38:04Please answer the question,

00:38:06Miss Turner.

00:38:07Well,

00:38:08I thought that April

00:38:08ought to know.

00:38:09Yes,

00:38:10what was your motive?

00:38:11Oh,

00:38:11friendship.

00:38:12Friendship?

00:38:12Look,

00:38:13I was April's best friend.

00:38:17And how did you find out

00:38:18about the young lady

00:38:19in Knightsbridge?

00:38:20I just heard.

00:38:21From whom?

00:38:22I don't know.

00:38:23Miss Turner,

00:38:24someone must have told you.

00:38:26I suppose so.

00:38:26I mean,

00:38:27it didn't come to you

00:38:27in a dream.

00:38:28No.

00:38:29Well,

00:38:29who was it?

00:38:30Was it the plaintiff,

00:38:31Mr Cummings?

00:38:32No.

00:38:33I suggest to you

00:38:34it was,

00:38:34Miss Turner.

00:38:35I suggest that your

00:38:35whole evidence

00:38:36is a tissue of lies

00:38:37designed to protect

00:38:38Mr Cummings.

00:38:38No,

00:38:39it's not.

00:38:40What is your relationship

00:38:41with Mr Cummings?

00:38:42Well,

00:38:42just friends.

00:38:43Good friends?

00:38:45You seem to have a

00:38:45remarkable talent

00:38:46for friendship,

00:38:47Miss Turner.

00:38:47My lord,

00:38:48I see no point

00:38:49in continuing

00:38:49this cross-examination.

00:38:50The witness

00:38:51is obviously lying.

00:38:52I'm not.

00:38:52I've told the truth.

00:38:54Lord,

00:38:54unlike my learned friend,

00:38:55I see nothing sinister

00:38:56in a relationship

00:38:57between this witness

00:38:58and the plaintiff.

00:38:58Indeed,

00:38:59I submit that my

00:38:59learned friend

00:39:00is merely trying

00:39:00to discredit the witness.

00:39:01Yes,

00:39:01but the time for

00:39:02speeches is later,

00:39:03Mr Ingrams.

00:39:04Yes,

00:39:04my lord.

00:39:05Miss Turner,

00:39:06are you Mr Cummings'

00:39:07mistress?

00:39:07No.

00:39:08Have you ever

00:39:08been his mistress?

00:39:10No.

00:39:10You are,

00:39:11as you told the court,

00:39:12merely a friend

00:39:13of Mr Cummings?

00:39:13Yes.

00:39:14How long have you

00:39:15known Mr Cummings?

00:39:16Oh,

00:39:16about two years now.

00:39:17And you've met him

00:39:18socially?

00:39:18Yes,

00:39:19lots of times.

00:39:20In the two years

00:39:20that you've known

00:39:21Mr Cummings,

00:39:22have you ever

00:39:22witnessed him

00:39:23have a fit

00:39:23or turn

00:39:24or attack

00:39:24of any kind?

00:39:25No.

00:39:26Now,

00:39:26have you ever

00:39:27witnessed

00:39:27an epileptic attack?

00:39:28Oh,

00:39:28yes.

00:39:29Yes,

00:39:29when I was at school.

00:39:30The girl there,

00:39:30she often had fit.

00:39:31But you have never seen

00:39:32Mr Cummings suffer

00:39:32a similar attack?

00:39:33No.

00:39:34No.

00:39:35Now,

00:39:35you were Mrs Hammond's

00:39:36confidant,

00:39:36weren't you?

00:39:37Yes.

00:39:37And you described

00:39:38her marriage

00:39:39as a sick joke.

00:39:40That's right.

00:39:41Why?

00:39:42Because it was dead,

00:39:43finished.

00:39:44Mrs Hammond told you this?

00:39:45Yes.

00:39:45Oh,

00:39:46yes.

00:39:46You see,

00:39:46she was married

00:39:47when she was 18.

00:39:48As far as she was concerned,

00:39:50it had all been over

00:39:50for years.

00:39:51She always used to

00:39:52call him the dope.

00:39:54And I'll tell you

00:39:55something else.

00:39:55He used to beat her up.

00:39:57April often told me

00:39:58that the...

00:39:58I have no further

00:39:59questions for Miss Turner,

00:40:00my lord.

00:40:01You may leave

00:40:01the witness box,

00:40:02Miss Turner.

00:40:02That concludes the case

00:40:03for the plaintiff,

00:40:04my lord.

00:40:04Yes.

00:40:06My lord,

00:40:07the first witness

00:40:07for the defence

00:40:08is the defendant herself,

00:40:09Mrs Erica Simon.

00:40:15Your name is

00:40:16Erica Hammer Simon?

00:40:18Yes.

00:40:19And you are

00:40:20the widow of

00:40:20Louis Simon?

00:40:21Yes.

00:40:22And you live at

00:40:23Le Hurt-Montagill,

00:40:25Jersey?

00:40:25I do.

00:40:27Now,

00:40:27Mrs Simon,

00:40:28are you a shareholder

00:40:29in Icarus Properties,

00:40:31Mr Cummings' company?

00:40:32Yes.

00:40:33Much good it does me too

00:40:34with him running things.

00:40:36Did you distribute

00:40:38this broadsheet

00:40:39at an extraordinary

00:40:40general meeting

00:40:41of that company

00:40:41at the Crown Imperial Hotel

00:40:43in June 4th,

00:40:451973?

00:40:46I had to do something.

00:40:48People should know

00:40:49about this.

00:40:50And it's your contention,

00:40:51is it not,

00:40:52that the matter printed

00:40:53in this broadsheet

00:40:54is true?

00:40:55Look,

00:40:55I wanted everyone

00:40:56to know the sort of man

00:40:57Edward Cummings is.

00:40:58He's a crook

00:40:59and he killed my husband.

00:41:00Mrs Simon,

00:41:02I realise you feel

00:41:03very strongly

00:41:03about Mr Cummings

00:41:04but you must try

00:41:05to keep calm

00:41:06whilst you are

00:41:06giving your evidence.

00:41:08My lord,

00:41:08I'm sorry,

00:41:09I'm sorry.

00:41:10But true is true.

00:41:11Yes.

00:41:12Now,

00:41:12Mrs Cummings,

00:41:13Mrs Simon,

00:41:15I'm sorry,

00:41:15how long have you

00:41:16known Mr Cummings?

00:41:18About five years.

00:41:20He was a business

00:41:21acquaintance of Louis,

00:41:22a friend.

00:41:24Such a friend.

00:41:25Did you see him

00:41:26frequently?

00:41:27Oh,

00:41:28all the time.

00:41:29Well,

00:41:29a lot of the time.

00:41:31He stayed with us

00:41:31in Jersey a few times

00:41:33and in Paris

00:41:33and on our yacht.

00:41:35He was a friend.

00:41:37So I thought.

00:41:39Now,

00:41:40on any of these occasions,

00:41:41did you observe

00:41:42Mr Cummings

00:41:43at any time

00:41:44exhibit any unusual symptoms?

00:41:47You mean have turns?

00:41:48Yes.

00:41:49I saw them.

00:41:50Now,

00:41:51could you describe them

00:41:52to the jury,

00:41:52please?

00:41:53Well,

00:41:54he used to go

00:41:54sort of pale

00:41:55and rigid

00:41:56and look away from you

00:41:58if you follow

00:41:58what I mean.

00:42:00It was as if

00:42:01he wasn't there

00:42:02or you weren't.

00:42:03It didn't last

00:42:04for more than

00:42:04a few seconds.

00:42:07The first time

00:42:08I saw it,

00:42:09well,

00:42:09it looked like

00:42:10he was thinking

00:42:10something,

00:42:11you know the way you do,

00:42:13but when I asked him

00:42:14once if he was all right,

00:42:15he said it was nothing,

00:42:16a touch of indigestion,

00:42:17got all embarrassed,

00:42:19but I knew

00:42:20it wasn't indigestion.

00:42:22Did you ever suggest

00:42:23that Mr Cummings

00:42:24he should see a doctor?

00:42:25Of course I did.

00:42:27I worried about him,

00:42:28I worry about everybody.

00:42:30Louis used to say

00:42:31it was a pity

00:42:31we didn't have children.

00:42:33Then I could use up

00:42:34all my worry

00:42:35on my family

00:42:35instead of wasting

00:42:36it on his friends.

00:42:37Yes,

00:42:38yes,

00:42:38Mrs Sain.

00:42:38But what was

00:42:39Mr Cummings' reaction

00:42:40when you suggested

00:42:41he should see a doctor?

00:42:42He said it was nothing.

00:42:44He said he didn't

00:42:44like doctors.

00:42:46He said a man

00:42:47in his position

00:42:47couldn't afford

00:42:48to give the impression

00:42:49there was anything

00:42:50wrong with him.

00:42:51I said,

00:42:51what about

00:42:52Louis' piles?

00:42:53Everyone knows

00:42:54Louis always travels

00:42:55round with an air cushion.

00:42:56It never did Louis

00:42:57any harm in business.

00:42:58Yes,

00:42:58yes indeed,

00:42:59Mrs Simons.

00:42:59Mr Cummings

00:43:00was worried

00:43:01about the effect

00:43:02the news of his seizures

00:43:03would have on business.

00:43:05That's what he said.

00:43:06She's lying!

00:43:07So how can I lie?

00:43:08I just took an oath

00:43:09not to.

00:43:10Mr Cummings.

00:43:11I'm sorry,

00:43:11Lord.

00:43:13Now,

00:43:13Mrs Simons,

00:43:14Mr Cummings

00:43:15bought out

00:43:16your husband's share

00:43:17in Icarus properties,

00:43:18did he not?

00:43:19Yes.

00:43:19But you retained

00:43:20some of your shares?

00:43:21A few Louis gave me.

00:43:23I should have sold.

00:43:25Now,

00:43:25why did your husband

00:43:26sell out his shares

00:43:28to Mr Cummings?

00:43:29Because he offered him

00:43:30a lot of money,

00:43:31but also because

00:43:32they had arguments.

00:43:34Arguments?

00:43:35Mr Cummings

00:43:36was always jealous

00:43:37of Louis.

00:43:39Louis was more

00:43:39successful in business.

00:43:42Louis pulled off

00:43:42the big deals.

00:43:43Mr Cummings

00:43:44wanted to be

00:43:44a Louis Simon.

00:43:45How do you know that,

00:43:46Mrs Simon?

00:43:47Because he told me.

00:43:48Mr Cummings

00:43:49said he wanted

00:43:50to be another

00:43:50Louis Simon.

00:43:51He said to me,

00:43:52Erica,

00:43:52he said,

00:43:53you just watch me

00:43:54now I'm on my own.

00:43:55I'll make Louis Simon

00:43:56look like small fry,

00:43:58he said.

00:43:58You'll be glad

00:43:59you've got those shares,

00:44:00he said.

00:44:02Now,

00:44:02what happened

00:44:02to Icarus properties

00:44:03when Mr Cummings

00:44:05took over?

00:44:07He tried to be

00:44:08a big property developer

00:44:09without enough capital.

00:44:11And, of course,

00:44:12eventually he had to

00:44:13come to your husband

00:44:14to ask for capital.

00:44:15Where else could he go?

00:44:17But he phoned

00:44:18me first.

00:44:20Mr Cummings

00:44:20telephoned you?

00:44:21Yes.

00:44:22Of what purpose?

00:44:23To sweeten me up,

00:44:24you know,

00:44:25to see how I thought

00:44:25Louis would react.

00:44:27When was this

00:44:28telephone call?

00:44:29About a month

00:44:30before he killed

00:44:30Louis.

00:44:31He phoned me

00:44:32in Jersey.

00:44:32He says to me,

00:44:33Erica,

00:44:33put in a good word

00:44:34for me.

00:44:35Did you?

00:44:37I rang Louis

00:44:37in London.

00:44:38I told him.

00:44:39What was your

00:44:39husband's reaction?

00:44:41Reaction?

00:44:43He laughed.

00:44:44Trouble I don't

00:44:45need, he said.

00:44:47That kind of

00:44:47trouble I don't

00:44:48have to buy.

00:44:50I knew he'd

00:44:51never lend

00:44:51Ted Cummings

00:44:52a penny piece.

00:44:54Yes, but your

00:44:54husband did go up

00:44:55in Mr Cummings'

00:44:56aeroplane

00:44:57to look at

00:44:57the property.

00:44:59Why not?

00:45:00Always be ready

00:45:01to talk business,

00:45:02Louis used to say.

00:45:03Even if you're

00:45:04not interested,

00:45:05maybe you'll

00:45:05learn something.

00:45:06That was the

00:45:09last time I

00:45:10ever spoke to

00:45:11him.

00:45:13Yes.

00:45:14Thank you,

00:45:14Mrs Simon.

00:45:16Are you all

00:45:17right?

00:45:17Mrs Simon,

00:45:18would you like me

00:45:19to adjourn the

00:45:19court for a few

00:45:20moments until you

00:45:21recover?

00:45:22No, no, my

00:45:24lord.

00:45:26I'm all right.

00:45:28Very well.

00:45:29Mr Ingram.

00:45:31Mrs Simon,

00:45:32what were your

00:45:32relations with

00:45:33your husband?

00:45:34I was married

00:45:36to him.

00:45:37Yes, I know,

00:45:37Mrs Simon,

00:45:38but were you

00:45:39fond of him?

00:45:40I was married

00:45:41to him for

00:45:4123 years.

00:45:42Does that

00:45:43tell you anything?

00:45:44Yes, Mrs Simon,

00:45:44it tells me you

00:45:45were married for

00:45:45a long time.

00:45:46It doesn't tell

00:45:46me whether it

00:45:47was a happy

00:45:47marriage or not.

00:45:48We were very

00:45:49happy, ask

00:45:49anyone.

00:45:50How often were

00:45:50you with your

00:45:51husband in the

00:45:51last six months

00:45:52of his life?

00:45:52How often?

00:45:53I didn't keep

00:45:53a diary.

00:45:54Or did you and

00:45:55your husband spend

00:45:55months or weeks

00:45:56together in those

00:45:57last six months?

00:45:57You must understand,

00:45:59Louis was away a lot

00:46:00of the time on

00:46:00business.

00:46:01Is it not a fact

00:46:01that in the last

00:46:02six months of his

00:46:03life you and

00:46:03your husband were

00:46:04sharing the same

00:46:05roof for less

00:46:06than three weeks?

00:46:06Maybe, I can't

00:46:07remember.

00:46:10Mrs Simon, in the

00:46:10last two years of

00:46:11his life you and

00:46:11your husband were

00:46:12to all intents and

00:46:13purposes separated,

00:46:14weren't you?

00:46:14There was no

00:46:15separation.

00:46:16But you didn't

00:46:17live together or

00:46:18even see each other

00:46:19very often, did you?

00:46:20All marriages have

00:46:21their bad patches.

00:46:22Mrs Simon, in

00:46:231969 you started

00:46:24divorce proceedings.

00:46:26Well, yes, but I...

00:46:27Why?

00:46:28My lord, I

00:46:28pretense Mrs Simon's

00:46:30marriage is hardly

00:46:31the concern of this

00:46:32court.

00:46:32Yes, but this all

00:46:33links up, does it

00:46:33not, with the

00:46:34plaintiff's evidence

00:46:34as to what he told

00:46:35Mrs Simon when she

00:46:36came to see him in

00:46:37the hospital.

00:46:37I think Mr Ingrams

00:46:38can ask these

00:46:39questions, Mr Ingrams.

00:46:40I'm obliged, my lord.

00:46:42Mrs Simon, I asked

00:46:43you why you started

00:46:44divorce proceedings.

00:46:45Well, like I said,

00:46:46even the best

00:46:47marriages go through

00:46:48bad patches.

00:46:491969 to 1973 is

00:46:50rather a long bad

00:46:51patch, I should have

00:46:52thought.

00:46:52That's all you know

00:46:53about marriage?

00:46:55Now, when you

00:46:55started divorce proceedings,

00:46:56what were the grounds?

00:46:59Mrs Simon, there was

00:46:59another woman, wasn't

00:47:00there?

00:47:01It didn't mean

00:47:02anything.

00:47:03That's why I didn't

00:47:03go through with the

00:47:04divorce.

00:47:05Yet the bad patch, by

00:47:06your own admission,

00:47:06continued.

00:47:07In fact, it wasn't

00:47:08just one woman, was

00:47:09it?

00:47:09Your husband had a

00:47:10whole string of

00:47:10women, didn't he?

00:47:11We had no children.

00:47:13After 20 years, it

00:47:14isn't easy to keep a

00:47:15man's interest.

00:47:17I was always plump.

00:47:19He used to like

00:47:19that.

00:47:21I was 18 when I

00:47:22married him.

00:47:2318?

00:47:24What did I know

00:47:25about anything?

00:47:26But if he'd lived, it

00:47:27would have come all

00:47:28right.

00:47:29It was just a phase

00:47:30with Louie.

00:47:31Four years is rather

00:47:32more than a phase,

00:47:33Mrs Simon.

00:47:34Not if you have a

00:47:35whole lifetime.

00:47:36But we didn't, thanks

00:47:37to Edward Cummings.

00:47:38Now, that's not the

00:47:39only thing you blame

00:47:40Mr Cummings for, is

00:47:40it?

00:47:42I don't know what you

00:47:43mean.

00:47:43you blamed Mr Cummings,

00:47:44did you not, for the

00:47:45wreckage of your

00:47:45marriage.

00:47:46Wreckage?

00:47:47What wreckage?

00:47:4820 years of marriage

00:47:49and you call it a

00:47:50wreck?

00:47:51How long have you

00:47:52been married?

00:47:54My marriage is not

00:47:55relevant to these

00:47:56proceedings, Mrs Simon.

00:47:56Mrs Simon, you are

00:47:57here to answer

00:47:57questions, not to ask

00:47:59them.

00:48:00I put it to you,

00:48:01Mrs Simon, that your

00:48:01obvious bitterness

00:48:02against my client

00:48:03derives not solely

00:48:04from the events of the

00:48:05crash.

00:48:05You think I wanted

00:48:06Louie killed?

00:48:07I think you blame

00:48:07Mr Cummings for far

00:48:08more than crashing an

00:48:09aeroplane, Mrs Simon.

00:48:10I think you blame

00:48:11Mr Cummings because

00:48:12you believe that he

00:48:12supplied your husband

00:48:13with women.

00:48:15I think you're a

00:48:15jealous, angry woman

00:48:16determined to do as

00:48:17much damage as you

00:48:18can.

00:48:18Louie loved me.

00:48:19He loved me.

00:48:21You're just making

00:48:22up these stories to

00:48:23make him look better.

00:48:2420 years we were

00:48:25married, 20 years.

00:48:27Do you think all his

00:48:28little trollops could

00:48:29change that?

00:48:37The case of

00:48:56Cummings versus Simon

00:48:57will be resumed

00:48:58tomorrow in the

00:48:59Crown Court.

00:49:07Three people were in

00:49:16the twin-engined

00:49:16lap-wing aircraft that

00:49:18crashed.

00:49:19Property tycoon

00:49:20Louie Simon and

00:49:20Mrs April Hammond

00:49:21were the passengers.

00:49:23They were killed.

00:49:24The pilot, Edward

00:49:25Cummings, unsuccessful

00:49:26property developer,

00:49:28survived.

00:49:28The cause of that

00:49:29crash is one of the

00:49:30questions that the

00:49:31jury must answer on

00:49:32this the last day of

00:49:33the case of Cummings

00:49:34versus Simon, which

00:49:35is being held in

00:49:36Fulchester Crown

00:49:37Court.

00:49:38Are you recovered,

00:49:39Mrs Simon?

00:49:40Yes, my lord.

00:49:41And you're quite

00:49:42sure that you feel

00:49:43capable of continuing

00:49:44with your evidence?

00:49:45Yes.

00:49:46Very well.

00:49:47I would remind you

00:49:48that you are still

00:49:48on oath, Mr Ingrams.

00:49:52Mrs Simon, yesterday

00:49:53you described to us

00:49:54in lurid detail Mr

00:49:55Cummings having what

00:49:57you described as one

00:49:57of his terms.

00:49:58Yes.

00:49:59Now that description

00:50:00was pure fantasy,

00:50:01wasn't it?

00:50:01No.

00:50:03You are on oath,

00:50:04Mrs Simon.

00:50:05I know that.

00:50:05Look, I described

00:50:06exactly what happened,

00:50:07exactly how he looked.

00:50:09Have you?

00:50:09Well, how many of

00:50:10these turns have you

00:50:11witnessed?

00:50:11Several.

00:50:12One, two, three?

00:50:13I don't know exactly.

00:50:15Approximately.

00:50:15Well.

00:50:16Five, ten, twenty?

00:50:17I've told you, I don't

00:50:18know.

00:50:18Well, did Mr Cummings

00:50:19have one of these fits

00:50:19every time you met him?

00:50:20No.

00:50:21Every alternate time

00:50:21you met him?

00:50:22No.

00:50:23I saw him have maybe

00:50:24six or seven.

00:50:25Ah, six or seven.

00:50:26Yes.

00:50:27Six or seven are

00:50:28dacts in the whole of

00:50:28the time that you've

00:50:29known Mr Cummings?

00:50:30Yes.

00:50:31Now, how long have you

00:50:32known Mr Cummings?

00:50:33I don't know, about five years.

00:50:34Well, that works out

00:50:35as a little over one

00:50:36attack a year.

00:50:37Yes.

00:50:38Now, these turns lasted,

00:50:39I think you said,

00:50:40just a few seconds.

00:50:41Yes.

00:50:42Mrs Simon, you must have

00:50:43watched out very carefully

00:50:44for these alleged

00:50:45minor epileptic attacks.

00:50:47I didn't watch carefully.

00:50:48They just happened.

00:50:49I saw them.

00:50:49Six or seven of them?

00:50:50Yes.

00:50:51In five years?

00:50:51Maybe there were more.

00:50:52I can't remember.

00:50:53You can't remember how

00:50:54many you saw Mr Cummings

00:50:55have, but you can remember

00:50:56exactly what they were

00:50:57like in great detail.

00:50:58You would if you'd seen

00:50:59them.

00:50:59I don't think I would,

00:51:00Mrs Simon, because I

00:51:01don't think you ever

00:51:02witnessed Mr Cummings

00:51:03suffer from anything more

00:51:03than a passing

00:51:04indisposition, if that.

00:51:06I saw him go all peculiar.

00:51:07Why did you associate

00:51:08these alleged turns

00:51:10with epilepsy?

00:51:12What?

00:51:12Well, if, as you say,

00:51:15Mr Cummings did suffer

00:51:16from these attacks

00:51:16in the way that you

00:51:17described, why did you

00:51:19think that they were

00:51:19epileptic in origin?

00:51:20What else could they be?

00:51:22Indigestion, stomachache,

00:51:24a hangover, boredom,

00:51:26perhaps, many, a dozen

00:51:27explanations.

00:51:28Why epilepsy?

00:51:30I can't remember.

00:51:31Something I read, I think.

00:51:32A clinical description

00:51:33of a pretty male

00:51:34absence, perhaps?

00:51:34No.

00:51:35Look, I just can't

00:51:36remember.

00:51:36The point is, isn't it,

00:51:37Mrs Simon, that an

00:51:38accusation of migraine or

00:51:39stomachache wouldn't have

00:51:40affected Mr Cummings'

00:51:42business career, would it?

00:51:43Mr Cummings only had a

00:51:44business career at all

00:51:45because of my husband.

00:51:46And you were determined

00:51:47to take even that away

00:51:48from him?

00:51:48I thought the shareholders

00:51:51had every right to know

00:51:52the sort of man who was

00:51:53manipulating their money.

00:51:54Oh, I see.

00:51:55So you acted purely from

00:51:56principle?

00:51:57Yes.

00:51:58Public-spirited, altruistic?

00:52:00Ted Cummings is a liar

00:52:01and a killer.

00:52:02I thought people ought to

00:52:03know it.

00:52:04I put it to you,

00:52:04Mrs Simon, that you

00:52:05acted out of malice.

00:52:07You hated Mr Cummings

00:52:08because you saw in him,

00:52:09rightly or wrongly,

00:52:10a cause for the breakdown

00:52:10of your marriage.

00:52:11Louis would have come

00:52:12back to me.

00:52:13I suggest to you that

00:52:13all your evidence in this

00:52:14court, all your fantasies

00:52:15and inventions, are

00:52:16nothing more than

00:52:17malicious lies.

00:52:18They're the truth.

00:52:19Look at him.

00:52:20He knows they are.

00:52:21No more questions, my lord.

00:52:22Do you wish to re-examine,

00:52:23Mr Parsons?

00:52:24Yes, indeed, my lord.

00:52:25Mrs Simon, have you lied

00:52:27to this court?

00:52:28No.

00:52:29Has your evidence been

00:52:30motivated by malice?

00:52:32Justice.

00:52:32That's all I ask for.

00:52:34It is to your contention

00:52:35that Mr Cummings

00:52:36crashed his plane,

00:52:37either because he was

00:52:38suffering from an epileptic

00:52:39attack or because he

00:52:40wished to commit suicide.

00:52:41Or maybe it was a

00:52:42combination of the two.

00:52:44Now, you witnessed

00:52:45several of Mr Cummings'

00:52:46attacks.

00:52:47I did.

00:52:48Now, what grounds

00:52:49do you suggest for

00:52:51Mr Cummings wishing

00:52:53to commit suicide?

00:52:55Well, he was in bad

00:52:56financial trouble,

00:52:57wasn't he?

00:52:58He had to go crawling

00:52:59first to me and then

00:53:00to Louis to try and

00:53:01get money.

00:53:02Then Louis turned up

00:53:03with that little slut

00:53:04April Hammond.

00:53:06Louis wasn't interested

00:53:07in the deal.

00:53:07He told me so.

00:53:10What else was left

00:53:11for Edward Cummings

00:53:11but suicide?

00:53:12And he couldn't even

00:53:14make a good job

00:53:15of that.

00:53:16He killed my husband.

00:53:18Thank you,

00:53:19Mrs Simon.

00:53:21You may leave the

00:53:22witness box,

00:53:22Mrs Simon.

00:53:25The last witness

00:53:26for the defence

00:53:27is Stephen Hammond.

00:53:28You are Stephen Hammond

00:53:35of 135

00:53:36Noel Road,

00:53:37Bedford.

00:53:38I am.

00:53:38And you are the

00:53:39husband of April Hammond

00:53:41who died in the crash

00:53:43of Golf Alpha

00:53:44Papa Mike Papa.

00:53:45Yes.

00:53:46April Hammond

00:53:47was my wife.

00:53:48You were at present

00:53:49employed by Simon Associates.

00:53:51Yes.

00:53:52And when did you

00:53:52join Simon Associates?

00:53:54Three months ago.

00:53:55And prior to that

00:53:56where were you employed?

00:53:58Icarus Properties.

00:53:59I worked for Mr Cummings

00:54:01for four years.

00:54:02And what was your

00:54:02position there?

00:54:03I was Mr Cummings'

00:54:05personal assistant.

00:54:06Now what was the

00:54:07financial state

00:54:08of that company

00:54:09before you left it?

00:54:11Parlous.

00:54:12It was bad.

00:54:13Icarus Properties

00:54:14was virtually broke.

00:54:16Now how long

00:54:17had the company

00:54:17been in that

00:54:18financial position?

00:54:19Over a year.

00:54:20Yes.

00:54:21Now were you able

00:54:22to identify

00:54:23the cause

00:54:25of this

00:54:25financial malaise?

00:54:27Yes.

00:54:27What was that?

00:54:28Mr Cummings.

00:54:29In what way

00:54:30was Mr Cummings

00:54:31responsible?

00:54:32He was incompetent.

00:54:33Incompetent?

00:54:34He was hopeless.

00:54:35He was a very

00:54:36good front man,

00:54:37a good salesman

00:54:38but when it came

00:54:38to finance

00:54:39he didn't have a clue.

00:54:41If one could become

00:54:42a property tycoon

00:54:43on talk

00:54:44Mr Cummings

00:54:45would have been

00:54:45a Sid Heyman

00:54:46several times over.

00:54:48Unfortunately

00:54:49talk isn't enough.

00:54:50No indeed.

00:54:51Now it would have

00:54:52been true to say

00:54:53that at the time

00:54:53of his air crash

00:54:54Edward Cummings

00:54:56was in serious

00:54:57financial straining.

00:54:58Serious?

00:55:00Disastrous is

00:55:00more like it.

00:55:01Now why do you

00:55:01say that?

00:55:03Well he owed money

00:55:04all over the place.

00:55:06Louis Simon

00:55:06was his last chance

00:55:07of keeping afloat.

00:55:09Yes.

00:55:09Now there's been

00:55:10much talk in this

00:55:11court of Mr Cummings'

00:55:13turns.

00:55:13Yes.

00:55:14Did you ever

00:55:15witness one of

00:55:15these turns?

00:55:16Several times.

00:55:17Yes.

00:55:18Could you describe

00:55:18the symptoms

00:55:19please?

00:55:20Well they didn't

00:55:22last very long.

00:55:23How long?

00:55:24About 15 or 20

00:55:26seconds I suppose.

00:55:27And what were

00:55:27the symptoms?

00:55:29Well he used

00:55:31to go very white

00:55:32and kind of stiff

00:55:33and well it's

00:55:36very hard to

00:55:37describe.

00:55:38It was as if

00:55:39he'd gone away.

00:55:40Gone away?

00:55:40As if he wasn't

00:55:41there.

00:55:42I mean his body

00:55:43stayed where it

00:55:44was but he didn't

00:55:45if you know what

00:55:46I mean.

00:55:46Yes.

00:55:47He was kind of

00:55:48vacant.

00:55:49Yes.

00:55:50Did you mention

00:55:50these attacks to

00:55:51Mr Cummings?

00:55:53Well two or three

00:55:53times I asked him

00:55:54if he was all

00:55:55right.

00:55:55And what did he

00:55:56say?

00:55:57After a bit he

00:55:57used to say

00:55:58yes fine

00:55:59don't worry.

00:56:00Did he tell you

00:56:01what these

00:56:01attacks were?

00:56:03No sir.

00:56:04Did Mr Cummings

00:56:05make any mention

00:56:06of these attacks?

00:56:07No.

00:56:08He just seemed

00:56:09embarrassed that

00:56:09I'd noticed them.

00:56:10How many of

00:56:11these attacks

00:56:12did you see?

00:56:13About a dozen

00:56:14I suppose.

00:56:14Were they all

00:56:15roughly about

00:56:15the same time

00:56:16and next?

00:56:16It's very hard

00:56:17to say.

00:56:17It was just

00:56:18a few seconds

00:56:18that was all.

00:56:19Yes.

00:56:20Now did they

00:56:21impair his ability

00:56:22to do business?

00:56:23No.

00:56:24Not that I could

00:56:25see.

00:56:26It was just

00:56:27a hiatus

00:56:27a stop.

00:56:29Immediately

00:56:29afterwards he'd

00:56:31go on doing

00:56:31whatever he'd

00:56:32been doing

00:56:32before.

00:56:33He'd take up

00:56:33the same train

00:56:34of thought

00:56:34or continue

00:56:35with whatever

00:56:35action he'd

00:56:36been doing.

00:56:37Yes.

00:56:37What was your

00:56:38opinion of the

00:56:39nature of these

00:56:40attacks?

00:56:41Well I didn't

00:56:42have one.

00:56:43Did you think

00:56:43they might be

00:56:44epileptic in

00:56:45nature?

00:56:45Well I didn't

00:56:46know.

00:56:47I don't know

00:56:48anything about

00:56:48epilepsy.

00:56:50Yes.

00:56:51Now Mr

00:56:51Hamanness my

00:56:52learned friend

00:56:52will no doubt

00:56:53remind you you

00:56:54are on earth

00:56:55giving evidence

00:56:55in a court of

00:56:56law.

00:56:56You're quite

00:56:57certain that

00:56:58you saw

00:56:58these attacks?

00:56:59Quite

00:57:00certain.

00:57:00And they

00:57:00are as you

00:57:01have described

00:57:01them to us?

00:57:02Yes.

00:57:04Now to your

00:57:04knowledge did

00:57:05other people

00:57:06notice these

00:57:06attacks?

00:57:07I mean people

00:57:08in the office?

00:57:09Oh yes.

00:57:10It was a kind

00:57:11of joke.

00:57:12Yes.

00:57:12Did no one

00:57:12think these

00:57:13attacks strange?

00:57:14Yes but we

00:57:15didn't know that

00:57:16they were attacks.

00:57:17We didn't know

00:57:17what they were.

00:57:19After a bit we

00:57:20didn't pay very

00:57:20much attention to

00:57:21them.

00:57:22Yes I see.

00:57:23As regards

00:57:24your late

00:57:25wife April

00:57:25Hammond she

00:57:26is alleged to

00:57:27have been the

00:57:28mistress of

00:57:29Edward Cummings.

00:57:30Did you know

00:57:30this?

00:57:31Yes.

00:57:32Well not

00:57:33exactly no.

00:57:35I guessed.

00:57:36She's also

00:57:37alleged to have

00:57:37been Mr

00:57:38Simon's mistress

00:57:39at the time of

00:57:40the crash.

00:57:41Yes.

00:57:42Were you and

00:57:43your wife

00:57:43separated?

00:57:44No.

00:57:45Was there a

00:57:45divorce pending?

00:57:46No.

00:57:47Did you love

00:57:47your wife Mr

00:57:48Hammond?

00:57:48Yes I think

00:57:52I must have

00:57:52done.

00:57:54Well it's

00:57:55very difficult

00:57:55to tell now.

00:57:56It seems so

00:57:57long ago.

00:57:59I must have

00:58:00loved her.

00:58:00I put up with

00:58:00a lot.

00:58:01Yes.

00:58:02Do you feel

00:58:03bitter about

00:58:04Mr Cummings

00:58:04relationship?

00:58:05Bitter.

00:58:05Well of course

00:58:06I do.

00:58:06No man likes

00:58:07his wife to

00:58:09go off with

00:58:10a chancer

00:58:11like Cummings

00:58:11but I feel

00:58:12more bitter

00:58:13about Mr

00:58:13Simon.

00:58:14I mean he

00:58:14was old enough

00:58:15to be her

00:58:15father.

00:58:16Yes indeed.

00:58:17Mr Hammond

00:58:17has your

00:58:18evidence of

00:58:18this court

00:58:19being motivated

00:58:19by malice.

00:58:20No.

00:58:21No I don't

00:58:22think so.

00:58:22I admit that

00:58:23I don't like

00:58:24Cummings.

00:58:25I didn't like

00:58:26Mr Simon

00:58:26either.

00:58:28But April's

00:58:29been dead

00:58:30now.

00:58:32Seems like

00:58:33forever.

00:58:34Nine months.

00:58:35I'm not that

00:58:36obsessed by

00:58:37hate.

00:58:38Yes.

00:58:38Now Mr Hammond

00:58:39did your wife

00:58:40dislike flying?

00:58:42Well she

00:58:42wasn't very

00:58:43keen on it.

00:58:44She used to

00:58:45suffer from

00:58:46air sickness

00:58:47sometimes.

00:58:47Were you

00:58:48surprised to

00:58:48find out

00:58:49she'd been

00:58:49killed in

00:58:49a plane crash?

00:58:50No.

00:58:51Not if it

00:58:51was a private

00:58:52plane.

00:58:53Why a private

00:58:53plane?

00:58:54Because only

00:58:54rich men

00:58:55own their

00:58:55own planes.

00:58:57She admired

00:58:58men with

00:58:59money.

00:59:00This was

00:59:01Mr Cummings'

00:59:01plane?

00:59:03Anyone can

00:59:04make a mistake.

00:59:05Did you ever

00:59:06strike your

00:59:08wife Mr Hammond?

00:59:09No.

00:59:10Well maybe

00:59:10that was what

00:59:11was wrong.

00:59:11Maybe I

00:59:12ought to have

00:59:12done.

00:59:12Now Miss

00:59:14Turner has

00:59:14told us that

00:59:15Mrs Hammond

00:59:16told her that

00:59:17you did.

00:59:20April wasn't

00:59:21the most

00:59:21reliable of

00:59:22informants.

00:59:23No.

00:59:24Thank you

00:59:24Mr Hammond.

00:59:29Mr Hammond

00:59:30are you a

00:59:30saint?

00:59:31No.

00:59:33Or a

00:59:33masochist?

00:59:34No.

00:59:36Oh well you

00:59:36must have enjoyed

00:59:37playing the

00:59:37complacent husband.

00:59:38What do you

00:59:38mean?

00:59:39Your wife was

00:59:39Edward Cummings

00:59:40mistress?

00:59:40Yes I've

00:59:41said that.

00:59:41He passed

00:59:42her on to

00:59:42Louis Simon.

00:59:43I don't know

00:59:44the details.

00:59:44Was Louis Simon

00:59:45intending to

00:59:45pass her on

00:59:46also and to

00:59:46whom?

00:59:47I don't

00:59:47know.

00:59:48The plaintiff

00:59:48said that

00:59:49Mr Simon liked

00:59:49them young.

00:59:50So Cummings

00:59:51says.

00:59:51Your wife was

00:59:5227 a little

00:59:52long in the

00:59:53tooth I'd have

00:59:53thought for

00:59:54Mr Simon's

00:59:54jaded pal...

00:59:55Leave her

00:59:55alone.

00:59:57Mr Hammond

00:59:57you say that

00:59:58you loved

00:59:59your wife?

00:59:59Yes.

01:00:00And you expect

01:00:01the jury to

01:00:01believe that

01:00:02you could watch

01:00:03her prostituting

01:00:03herself and that

01:00:04you felt no

01:00:05more than a

01:00:05saintly equanimity?

01:00:09You still hate

01:00:10it don't you

01:00:11Mr Hammond?

01:00:12I have told

01:00:13no lies here.

01:00:15Your entire

01:00:15evidence was

01:00:16motivated by

01:00:16jealousy and

01:00:17hatred wasn't

01:00:17true.

01:00:18All this nonsense

01:00:18about Mr

01:00:19Cummings alleged

01:00:19fits.

01:00:20It's not nonsense

01:00:20I saw them.

01:00:21You didn't know

01:00:21that they were

01:00:22fits.

01:00:22I knew there

01:00:22was something

01:00:23wrong.

01:00:23When?

01:00:24What?

01:00:24When did

01:00:24you know

01:00:24that there

01:00:24was something

01:00:25wrong?

01:00:26Well I

01:00:26can't give

01:00:26you an

01:00:27exact...

01:00:27The first

01:00:27time that

01:00:28you saw

01:00:28Mr Cummings

01:00:28have one

01:00:29of these

01:00:29alleged

01:00:29attacks?

01:00:29No.

01:00:30The second

01:00:30time?

01:00:31No it

01:00:32was just

01:00:32an impression

01:00:33that grew

01:00:33you say

01:00:34but you

01:00:34told us

01:00:34before

01:00:34it was

01:00:34an office

01:00:35joke.

01:00:35Well so

01:00:35it was.

01:00:37Well we've

01:00:37dealt with

01:00:37the first

01:00:38two alleged

01:00:38attacks

01:00:38Mr Hammond

01:00:39now.

01:00:39At what

01:00:39time in

01:00:40the subsequent

01:00:40I think

01:00:41you said

01:00:41that you

01:00:42witnessed

01:00:42about 12

01:00:42attacks in

01:00:43all?

01:00:43Something like

01:00:44that.

01:00:44Well at

01:00:44what time

01:00:45in the

01:00:45subsequent

01:00:4510

01:00:45attacks

01:00:46did they

01:00:46become

01:00:46an

01:00:46office

01:00:47joke?

01:00:47I

01:00:47don't

01:00:47know.

01:00:48People

01:00:48remarked

01:00:49about

01:00:49it.

01:00:49Yes.

01:00:50Hearsay

01:00:50my lord.

01:00:50Yes.

01:00:51He had

01:00:53these

01:00:53turns.

01:00:54I knew

01:00:55about them.

01:00:56Other

01:00:56people knew

01:00:56about them.

01:00:57Mrs Simon

01:00:58knew about

01:00:58them.

01:00:58In this

01:00:59court Mr Hammond

01:00:59there is

01:01:00only you

01:01:00and Mrs

01:01:00Simon.

01:01:01Two witnesses

01:01:01with their

01:01:02own individual

01:01:02reasons for

01:01:03hating Mr

01:01:03Cummings and

01:01:04wanting to

01:01:04see him

01:01:04brought down.

01:01:05That's not

01:01:05how it is.

01:01:07Where are

01:01:07you employed

01:01:08at present

01:01:08Mr Hammond?

01:01:10Louis Simon

01:01:11Associates.

01:01:11Who is the

01:01:12principal shareholder

01:01:13in that company?

01:01:14Mrs Simon.

01:01:15What is your

01:01:15position in the

01:01:16company?

01:01:17I'm personal

01:01:18assistant to

01:01:18the chairman.

01:01:19Who is the

01:01:19chairman?

01:01:20Mr Lex

01:01:21Falkenstein.

01:01:22Is Mr

01:01:22Falkenstein

01:01:22related to

01:01:23Mrs Simon?

01:01:23Yes.

01:01:24What is the

01:01:24relationship?

01:01:24Mrs Simon's

01:01:26brother.

01:01:27In your

01:01:27opinion is

01:01:27your job

01:01:28there secure?

01:01:30I don't

01:01:31know.

01:01:32Or does

01:01:32the security

01:01:32of your

01:01:33present

01:01:33employment

01:01:33depend upon

01:01:34the outcome

01:01:34of this

01:01:34trial?

01:01:35My lord

01:01:35I protest.

01:01:37No further

01:01:38questions my

01:01:38lord.

01:01:38That was a

01:01:39most improper

01:01:39one.

01:01:40Yes my

01:01:40lord.

01:01:44If I may

01:01:45my lord.

01:01:46Mr Hammond

01:01:47my learned

01:01:47friend has

01:01:48just suggested

01:01:49that your

01:01:49present job

01:01:50depends on

01:01:51the evidence

01:01:51you give

01:01:51in this

01:01:52court.

01:01:52It's not

01:01:53true.

01:01:53Now let

01:01:54us not

01:01:54mince

01:01:54words

01:01:55Mr Hammond.

01:01:56Are you

01:01:56and Mrs

01:01:57Simon

01:01:57in a

01:01:59conspiracy

01:01:59to discredit

01:02:00Mr Cummings?

01:02:01No.

01:02:04Has Mrs

01:02:04Simon at

01:02:05any time

01:02:06attempted to

01:02:06threaten or

01:02:07bribe you

01:02:08about the

01:02:08evidence you

01:02:09have given?

01:02:09No.

01:02:10That would

01:02:10be unthinkable.

01:02:11Yes indeed

01:02:11it would

01:02:12Mr Hammond.

01:02:13Now

01:02:14when your

01:02:15wife was

01:02:16the mistress

01:02:17of Mr

01:02:17Cummings

01:02:18and then

01:02:19Mr Simon

01:02:20did your

01:02:20marriage

01:02:22continue

01:02:22you normally?

01:02:24Well it

01:02:24depends what

01:02:25you mean by

01:02:26normal.

01:02:27We lived in

01:02:28the same

01:02:28house we

01:02:29shared the

01:02:29same bed.

01:02:30Is where

01:02:30your wife's

01:02:31infidelity is

01:02:32not a constant

01:02:33source of friction?

01:02:34Yes of course.

01:02:36And you had

01:02:36rouse about

01:02:37your association?

01:02:38Yes.

01:02:38Did you ever

01:02:39contemplate divorce

01:02:40or separation?

01:02:41Yes I

01:02:41contemplated it.

01:02:42But you never

01:02:42carried it out?

01:02:43No.

01:02:43Why not?

01:02:45How can I

01:02:46make you

01:02:46understand?

01:02:47April was

01:02:48harmless.

01:02:51She was

01:02:52pretty but

01:02:53silly.

01:02:54A bit

01:02:54naive I

01:02:55suppose.

01:02:56And she

01:02:57was a

01:02:57lousy

01:02:58liar.

01:02:59She didn't

01:02:59want to

01:03:00hurt me

01:03:00you see.

01:03:01She used

01:03:01to tell me

01:03:02all kinds

01:03:02of stories

01:03:03about where

01:03:03she was

01:03:04going and

01:03:04she could

01:03:04never remember

01:03:05which story

01:03:05she told.

01:03:07She was a

01:03:08very poor

01:03:08liar.

01:03:10Yes how

01:03:11did you

01:03:11meet Mr

01:03:12Cummings

01:03:12and Mr

01:03:13Simon?

01:03:13Through

01:03:13me.

01:03:14Through

01:03:14my job

01:03:15men like

01:03:17that

01:03:17fascinated

01:03:17her.

01:03:18Men like

01:03:18what?

01:03:19Men with

01:03:19power and

01:03:20influence and

01:03:21money.

01:03:22The

01:03:22financial

01:03:23buccaneers

01:03:24they were

01:03:25exciting.

01:03:26I'm not.

01:03:27They could

01:03:28afford to

01:03:28take her to

01:03:29places I

01:03:29never could.

01:03:32But of

01:03:32the high

01:03:33life is all

01:03:33she wanted.

01:03:35Cummings and

01:03:35Simon took

01:03:36advantage of

01:03:37her.

01:03:38It's funny

01:03:39when we got

01:03:40married we

01:03:42decided we

01:03:42wouldn't have

01:03:43any children

01:03:43immediately.

01:03:45First we'd

01:03:46get a bit

01:03:47of living

01:03:47in we

01:03:48said.

01:03:49This was

01:03:50just April

01:03:50getting a bit

01:03:51of living

01:03:51in.

01:03:53Surely she

01:03:54realised that

01:03:55she was

01:03:55hurting you.

01:03:56Yes and

01:03:57it made her

01:03:57very unhappy

01:03:58that's how I

01:03:58always knew

01:03:59that I didn't

01:04:00have to wait

01:04:01very long

01:04:01that she'd

01:04:02come back

01:04:02to me.

01:04:04Yes.

01:04:05Thank you

01:04:06Mr Hammond.

01:04:07Thank you

01:04:07Mr Hammond.

01:04:08You may leave

01:04:08the witness

01:04:09box.

01:04:09May I

01:04:09complete the

01:04:10case for

01:04:10the defence

01:04:10my lord?

01:04:11Yes thank

01:04:11you.

01:04:12I think

01:04:12this would

01:04:12be an

01:04:13appropriate

01:04:14moment to

01:04:14adjourn.

01:04:15I will

01:04:15listen to

01:04:16please on

01:04:16behalf of

01:04:17the plaintiff

01:04:17and the

01:04:18defendant

01:04:18after a

01:04:19short

01:04:19recess.

01:04:20All stand.

01:04:21all stand.

01:04:46All stand.

01:04:46members of

01:04:55the jury

01:04:55certain facts

01:04:57in this

01:04:58case are

01:04:59not in

01:04:59dispute.

01:05:01For

01:05:01example

01:05:01fact

01:05:02Mr Cummings

01:05:03was the

01:05:04pilot of

01:05:04the

01:05:05aeroplane

01:05:05that crashed

01:05:06near

01:05:06Fooster

01:05:06aerodrome

01:05:07killing his

01:05:08two

01:05:08passengers.

01:05:09Fact

01:05:09Mrs Simon

01:05:10published a

01:05:12broadsheet in

01:05:12which she

01:05:12accused Mr

01:05:14Cummings either

01:05:15crashing his

01:05:16aeroplane one

01:05:17because he

01:05:18was suffering

01:05:18from an

01:05:19epileptic

01:05:19attack or

01:05:21and two

01:05:21he was

01:05:22wishing to

01:05:23commit suicide.

01:05:24Now these

01:05:24are the facts

01:05:25they are not

01:05:25in dispute but

01:05:26let us look at

01:05:27a few more

01:05:28facts which in

01:05:29my opinion lead

01:05:31to certain

01:05:31inevitable

01:05:32conclusions.

01:05:34For example

01:05:34two witnesses

01:05:35Mrs Simon and

01:05:37Mr Hammond have

01:05:38said that Mr

01:05:38Cummings was

01:05:39subject on

01:05:39occasions to

01:05:40certain strange

01:05:42curious fits

01:05:43or turns.

01:05:45Now these

01:05:45lasted only a

01:05:46few seconds.

01:05:48There is a

01:05:49type of

01:05:49epileptic

01:05:50seizure known

01:05:51as a

01:05:52pity

01:05:52mal

01:05:52absence

01:05:53that is to

01:05:54say a

01:05:55brief blank

01:05:56of consciousness.

01:05:57During this

01:05:58a pilot would

01:05:59lose control

01:06:00of his

01:06:00aircraft which

01:06:01is precisely

01:06:02what Mr

01:06:03Cummings did.

01:06:04Another fact

01:06:05we have heard

01:06:07that there was

01:06:07a fracture in

01:06:08the cabin

01:06:09heating system

01:06:10of the aircraft

01:06:11which perhaps

01:06:12allowed some

01:06:13carbon monoxide

01:06:14to enter the

01:06:15cabin.

01:06:16But the

01:06:16question is

01:06:17how much

01:06:18carbon monoxide

01:06:19enough to

01:06:20intoxicate the

01:06:21pilot?

01:06:23I think not.

01:06:24Otherwise

01:06:25traces of

01:06:26carbon monoxide

01:06:27would have been

01:06:28found in the

01:06:29bodies of the

01:06:30two passengers.

01:06:31And another

01:06:32indisputable

01:06:33fact no such

01:06:35traces were

01:06:36found.

01:06:39Now Mrs

01:06:40Simon has

01:06:41also described

01:06:42this crash as

01:06:43an attempted

01:06:44suicide.

01:06:45Does this

01:06:45interpretation

01:06:46fit the facts

01:06:47as we know

01:06:47them?

01:06:48Consider.

01:06:49Prior to the

01:06:50flight Edward

01:06:51Cummings was

01:06:52in desperate

01:06:53financial

01:06:54straits and

01:06:55the only

01:06:56solution to

01:06:56his problem

01:06:57was to

01:06:57approach his

01:06:58ex-partner

01:06:58Louis Simon

01:06:59to ask him

01:07:00for money to

01:07:01help finance the

01:07:03development of

01:07:03the property

01:07:04that Edward

01:07:04Cummings owned.

01:07:05The gravity of

01:07:06his situation

01:07:07was illustrated

01:07:08by the fact

01:07:09that he

01:07:09didn't even

01:07:10have planning

01:07:10permission to

01:07:11develop this

01:07:12property.

01:07:13Now you

01:07:15have heard the

01:07:15taped radio

01:07:16message received

01:07:18in the control

01:07:18tower.

01:07:19Do you think

01:07:20it sounded as

01:07:21if Mr

01:07:22Simon was

01:07:23interested in

01:07:24doing a deal?

01:07:26Put yourself

01:07:26in Mr

01:07:27Cummings'

01:07:27position.

01:07:29You humble

01:07:29yourself before

01:07:30your ex-partner

01:07:31and approach him

01:07:32for money and

01:07:33what does he do?

01:07:35He treats the

01:07:35whole thing as a

01:07:36jaunt.

01:07:37He turns up

01:07:38with the

01:07:38mistress he

01:07:39took from

01:07:40you and

01:07:41expects you to

01:07:42humble yourself

01:07:43once again in

01:07:44front of her.

01:07:45It's no wonder

01:07:46that Mr

01:07:46Cummings said,

01:07:48I've had enough,

01:07:49I can't go on

01:07:50any longer.

01:07:52Now I ask you,

01:07:53ladies and

01:07:53gentlemen of the

01:07:53jury, does that

01:07:54not sound like

01:07:55the words someone

01:07:56who was contemplating

01:07:57suicide might say?

01:08:00I submit to you

01:08:01that in the facts

01:08:02laid before you,

01:08:04on the balance of

01:08:05probability, what

01:08:06Mrs Simon published

01:08:07on June the

01:08:08fourth was true

01:08:09and legitimate

01:08:11comment upon the

01:08:12matter of common

01:08:14interest.

01:08:17May it please

01:08:18your lordship,

01:08:18members of the

01:08:19jury.

01:08:20My learned friend

01:08:21used the phrase

01:08:22the balance of

01:08:23probabilities.

01:08:24Now probabilities,

01:08:25members of the

01:08:26jury, are not

01:08:26fantasies or wild

01:08:27conjectures.

01:08:29They are reasoned

01:08:29assumptions based

01:08:30on solid fact.

01:08:32My learned friend

01:08:33also made great

01:08:34play of facts.

01:08:35facts that are

01:08:36not in dispute

01:08:36and facts that

01:08:37are in dispute.

01:08:39I suggest to

01:08:39you, members of

01:08:40the jury, that if

01:08:40a fact is in

01:08:41dispute, then it

01:08:42can hardly be

01:08:42regarded as a

01:08:43fact at all.

01:08:45Now let us look

01:08:46at some of these

01:08:46probabilities.

01:08:48One, did Mr

01:08:49Cummings suffer

01:08:50from epileptic

01:08:51fits or seizures?

01:08:53Answer, there is

01:08:54no independent,

01:08:55concrete evidence

01:08:56to suggest that he

01:08:57did.

01:08:58Two witnesses who

01:09:00both gave graphic

01:09:01accounts of these

01:09:01alleged seizures,

01:09:03both have their own

01:09:03individual reasons

01:09:04for hating Mr

01:09:05Cummings and for

01:09:06wishing to see him

01:09:06brought down.

01:09:07Quite apart from

01:09:08her personal

01:09:08feelings, Mrs

01:09:09Simon stands to

01:09:10lose a great deal

01:09:11of money, if you

01:09:11find, as I believe

01:09:12you must, in

01:09:13favour of my

01:09:13client, Mr

01:09:14Cummings.

01:09:15As for Mr

01:09:16Hammond, he's a

01:09:16weak man who

01:09:17had a slut for a

01:09:18wife, whom he

01:09:19lost first to Mr

01:09:20Cummings and then

01:09:20to Mr

01:09:20Simon.

01:09:22Mr Cummings is

01:09:23still alive, and

01:09:23with him at least,

01:09:24Mr

01:09:25Hammond can settle

01:09:25the score.

01:09:27Two, did Mr

01:09:29Cummings have a

01:09:29motive for

01:09:29suicide?

01:09:30Answer?

01:09:32Well, true,

01:09:33Icarus Properties

01:09:34was in financial

01:09:35difficulties, but

01:09:35remember, it had

01:09:37not yet gone into

01:09:37voluntary liquidation.

01:09:39That only occurred

01:09:40members of the jury

01:09:40after the accident,

01:09:42after Mr

01:09:42Cummings had spent

01:09:43weeks and weeks

01:09:44in hospital, and

01:09:45after Mrs

01:09:45Simon published

01:09:46her alleged

01:09:46malicious libel.

01:09:48When Mr

01:09:49Cummings took

01:09:49Mr

01:09:49Simon up in his

01:09:50aircraft, he

01:09:51had no reason to

01:09:51suppose that

01:09:52Louis Simon was

01:09:52his last possible

01:09:53source of

01:09:54finance, and

01:09:55even if Mr

01:09:55Simon said no,

01:09:56and there is no

01:09:57proof that he did

01:09:57say no, there

01:09:58were other sources of

01:09:59money available.

01:10:00So why should Mr

01:10:01Cummings contemplate

01:10:02suicide?

01:10:04Three, was there a

01:10:05mechanical defect

01:10:06perhaps in the

01:10:07aircraft which could

01:10:08account for the

01:10:08crash?

01:10:09Answer, it is an

01:10:11indisputable fact that

01:10:12there was a fracture in

01:10:13the cabin heating

01:10:14system that would

01:10:15have pumped carbon

01:10:16monoxide gas into

01:10:17the cabin.

01:10:18Not necessarily

01:10:19enough to affect the

01:10:20two passengers perhaps,

01:10:21but just sufficient to

01:10:23cause Mr

01:10:23Cummings to lose

01:10:24control of the

01:10:25aircraft.

01:10:26Now is not this,

01:10:27members of the

01:10:27jury, all wild

01:10:29fantasy and

01:10:29conjecture aside the

01:10:31most likely and

01:10:32reasonable cause of

01:10:33the crash.

01:10:34I suggest to you

01:10:34that it is.

01:10:36And if so, then you

01:10:37must find for my

01:10:38client Mr

01:10:38Cummings.

01:10:40And in view of his

01:10:41shattered business

01:10:42career, I ask you

01:10:42for massive damages

01:10:43against the

01:10:44defendant, Mrs

01:10:44Simon.

01:10:48Members of the

01:10:48jury, my normal

01:10:49practice is to

01:10:50explain to you any

01:10:51legal issues or

01:10:52problems which may

01:10:53have arisen in the

01:10:53case you have just

01:10:54heard.

01:10:54But in fact, no

01:10:55such problems have

01:10:56arisen.

01:10:57The law is quite

01:10:58clear.

01:10:59On June the

01:11:004th, Mrs

01:11:01Simon published

01:11:02certain opinions and

01:11:03accusations against the

01:11:05plaintiff, Edward

01:11:06Cummings.

01:11:08Now her defence is

01:11:09based on what is

01:11:10called qualified

01:11:10privilege.

01:11:12That is to say

01:11:12that the matters that

01:11:14constituted the

01:11:16alleged libel were

01:11:18true and a matter of

01:11:20fair comment are

01:11:21matters of common

01:11:22interest.

01:11:23Now your duty is to

01:11:24decide on the

01:11:25balance of

01:11:25probabilities whether

01:11:27in fact Mrs

01:11:28Simon did libel Mr

01:11:32Cummings.

01:11:33Whether the matters

01:11:35contained in the

01:11:36broadsheet are true

01:11:38or false.

01:11:39Therefore you will be

01:11:40asked two questions.

01:11:41One, did Mr

01:11:43Cummings suffer from

01:11:44an epileptic condition

01:11:45which caused him to

01:11:46crash his aeroplane?

01:11:47And or two, did Mr

01:11:48Cummings contemplate

01:11:49suicide and deliberately

01:11:51crash his aeroplane?

01:11:55Now if you find for

01:11:56the plaintiff, Edward

01:11:58Cummings, you will

01:11:59then have to assess

01:12:00what in your opinion

01:12:01is the correct amount

01:12:03of damages he should

01:12:04receive.

01:12:05Now in this respect you

01:12:06will remember that the

01:12:08broadsheets may have

01:12:09done considerable harm to

01:12:11Mr Cummings' business

01:12:13career causing his

01:12:14company Icarus properties

01:12:16to go into voluntary

01:12:17liquidation.

01:12:18So you will have to

01:12:20decide to what extent

01:12:22the broadsheets

01:12:23contributed to the

01:12:25company's failure and

01:12:26therefore how financially

01:12:28damaging the alleged

01:12:29libel was.

01:12:30Now you have the

01:12:31details of Icarus properties

01:12:33in the bundle of

01:12:35pleadings there.

01:12:36The jury will now

01:12:36please retire and

01:12:38consider your verdict.

01:12:43Members of the jury,

01:12:44will your foreman please

01:12:45stand.

01:12:46Just answer this

01:12:47question yes or no.

01:12:48Have you reached

01:12:49verdicts on which you

01:12:50are all agreed?

01:12:51Yes.

01:12:51Do you find the

01:12:52plaintiff, Edward

01:12:53Cummings, was liable by

01:12:54the defendant, Mrs

01:12:55Erica Simon?

01:12:56Yes.

01:12:57Have you agreed on a

01:12:58sum for damages to be

01:12:59awarded to Mr Cummings?

01:13:01Yes.

01:13:02And what is that sum?

01:13:03£11,000.

01:13:04Dr Hayward, could you

01:13:15come?

01:13:15Next week, a chance for

01:13:34you to join another jury in

01:13:35assessing the facts when our

01:13:37cameras return to the Crown

01:13:38Court.

01:13:38Thank you very much.

Crown Court - The Flight of the Lapwing (1974)

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