Crown Court - The Judgment of Solomon (1973) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  An African couple are accused of deliberately trying to run over the man who, for the past nine years, has been the foster parent of their young daughter. It appears that a custody battle for the young girl between the natural parents and the foster parents has turned into something more sinister.

Transcript

00:00:00Today in Fullchester Crown Court, Mr and Mrs Kamuni are charged with attempting to cause grievous bodily harm

00:00:26to William Hathaway, the foster father of their daughter Letitia.

00:00:30Thuo Kamuni is additionally charged with dangerous driving and his wife Mirika with aiding and abetting him in this.

00:00:38Now Mr Hathaway, can we refer to the plan again?

00:00:43Now you say the passenger door knocked you to point B, after which the Cortina braked violently.

00:00:51Very.

00:00:52And broadsided to a stop at point C.

00:00:55Yes.

00:00:56What speed would you estimate he was doing at the time he struck you?

00:00:59Something over ten miles an hour.

00:01:02Now this happened in the Stonebridge Road car park.

00:01:05Is it a public car park?

00:01:07I'm not sure what...

00:01:07Could the public use it without paying?

00:01:09Oh yes they could.

00:01:11Was there any reason why Kamuni might have failed to see you in order to stop or avoid you?

00:01:15None.

00:01:16You were actually hit by the passenger door of the car.

00:01:19Yes.

00:01:20And you said Mrs Kamuni appeared to you to have deliberately opened the door.

00:01:23Yes.

00:01:24Could you see any reason for Mrs Kamuni opening the door other than to do you an injury?

00:01:29It's hard to see what else.

00:01:30Mr Hathaway it is very important that the jury hear you clearly on this point.

00:01:35I'm sorry my lord.

00:01:36Well she must have seen me so it follows she must have realised the door would hit me.

00:01:42And what happened then after their car had stopped?

00:01:44Well of course I was badly winded and in a lot of pain.

00:01:47My arm broken and so on.

00:01:49Well I started to try and get up and Marika, Mrs Kamuni, came across to me from the car.

00:01:54Did she help you up?

00:01:55No.

00:01:56Just looked at me for a moment.

00:01:57Didn't she speak to you?

00:01:59Yes, she said, you will die, Mr Hathaway.

00:02:05You will die, Mr Hathaway.

00:02:07Anything else?

00:02:09No.

00:02:09Well her husband had started yelling at her, you see.

00:02:12They had quite a row and finally she got back in the car.

00:02:14What were they arguing about?

00:02:16I have no idea.

00:02:17They were speaking in, well I suppose it was Swahili or Makuyu or something.

00:02:21There was another coloured fellow in the back of the car with quite a lot to say as well.

00:02:24Well after a bit shouting and arguing the toss, they simply drove off.

00:02:29You didn't try and stop them?

00:02:30No fear.

00:02:31Why was this?

00:02:33Well for one thing I was too shaken up.

00:02:35Yes.

00:02:36And was there anything else?

00:02:38Yes, well...

00:02:39Wasn't it that you were afraid?

00:02:41My lord!

00:02:42Mr Hathaway, please do not plead the witness.

00:02:45I apologise, my lord.

00:02:47What were your feelings at the time?

00:02:50Well it was obvious the man was pretty het up and his wife and this other chap were trying to cool him off.

00:02:54Well I knew he was in an extremely anti-frame of mind.

00:02:58Aggressive towards me, I mean.

00:03:00And I was, well I was relieved when they persuaded him to drive off.

00:03:04How did you know this?

00:03:05That he was aggressively inclined towards you?

00:03:07Because of the way he'd been carrying on ever since the custody hearing.

00:03:10Because of the persecution.

00:03:11My lord!

00:03:12Well, I must protest most strongly.

00:03:15We are concerned here with an alleged assault in the car park of the Fulchester Industrial Estate.

00:03:21And with the attitude of mind of the accused at that time.

00:03:25With respect, I submit that it is improper for the witness to speculate as to that attitude on the basis of some impressions he may have formed prior to the incident.

00:03:35Mr. Latterby?

00:03:37My lord, the persecution referred to by Mr. Hathaway is central in explaining the actions of the communis.

00:03:43Their assault on the 13th of April was in fact the culmination of a malicious campaign of harassment against the Hathaway family.

00:03:49My lord!

00:03:50In a moment, Mr. Havistock-Brown, Mr. Latterby, do you have any evidence that the accused were specifically involved with this alleged harassment?

00:03:58I do, my lord. I shall be calling several witnesses in addition to Mr. Hathaway.

00:04:02Well, in that case, Mr. Havistock-Brown, I have no alternative but to let this evidence be heard.

00:04:08As your lord, she pleases.

00:04:10Mr. Hathaway, would you care to tell us when the harassment started?

00:04:15Well, in a sense, it actually started in the High Court.

00:04:17And that was after the action you brought in the High Court?

00:04:20Yes.

00:04:20Against the communis' claim to have their daughter, Letitia, returned to them?

00:04:24That's right, yes.

00:04:25And you won the action and retained custody?

00:04:27Yes.

00:04:28How long have you and your wife been Letitia's foster parents?

00:04:31Nine years.

00:04:32And what happened in the High Court?

00:04:34Well, immediately the judge gave his ruling, both the communis started making a terrible fuss.

00:04:39The communis ran across and tried to grab hold of me.

00:04:41He kept shouting that we were thieves and kidnappers and we would suffer for it.

00:04:45They uttered threats?

00:04:46Of violence.

00:04:47And Mrs. Comuni said we'd be cursed.

00:04:49Cursed?

00:04:50Yes.

00:04:51Well, I didn't get the significance of it until, well, over a week later.

00:04:55How was that?

00:04:56Well, perhaps I should try to keep this in order.

00:04:59The first thing was when we realised we were sort of under observation.

00:05:04What, at your home?

00:05:05Yes, sir.

00:05:06A car with coloured people in it parked across the road from us.

00:05:09Then when either my wife or I went out, we'd be followed.

00:05:11You say coloured people, Mr. Hathaway.

00:05:13Do you mean the accused?

00:05:14I'm sure Mr. Comuni was there, my lord.

00:05:17Well, quite often it was his catina parked across from the house.

00:05:21But I can't honestly say I could have identified him as one of them, sir.

00:05:26Now, when this car followed you, what happened then?

00:05:28Well, just followed, at a distance.

00:05:31They watched when we went into a shop or something.

00:05:33They never threatened you?

00:05:34Never even spoke to us, sir.

00:05:36They just watched and...

00:05:37Yes.

00:05:38And scowled.

00:05:40It was damned unnerving, I can tell you.

00:05:42And worse still for my wife.

00:05:43Yes, I'm sure.

00:05:45But they never molested you in any way?

00:05:47Not out in the open, sir, no.

00:05:49But you see, that was only a part of it.

00:05:51There were also the phone calls.

00:05:52Well, they were abusive then, all right.

00:05:55Jabbering all sorts of filth at us.

00:05:56Well, any time of the day or night they'd phone.

00:05:58Did you recognise the voices?

00:06:00Sometimes it was Camuni, I'm sure of that.

00:06:02But not Mrs Camuni.

00:06:03I don't think so, sir, no.

00:06:05And then we started to get abusive letters through the post.

00:06:09May we have the letters, please?

00:06:13Exhibits five and six, my lord.

00:06:15Are these the letters?

00:06:17There are a couple of the later ones, yes.

00:06:19We got quite a few more, but my wife burnt them straight away.

00:06:22None of them signed.

00:06:24I don't think anyone would put his name to filth like this.

00:06:27Now, you mentioned a curse,

00:06:29and I see there's a reference in one of these

00:06:31to the Curse of Kilimanjaro.

00:06:34Is that what you were referring to?

00:06:36Well, I didn't really take all that seriously.

00:06:38It sounded like a Gregory Peck movie.

00:06:41Anyway, the business about the curse

00:06:43didn't start till more than a week after the High Court verdict.

00:06:45What exactly did it consist of?

00:06:47Well, it was always at night.

00:06:49Up till then, there'd just been the phone calls and letters

00:06:51and these people waiting outside to follow us.

00:06:54Then one night,

00:06:55we were awakened by the sound of drumming outside.

00:06:57Two drums,

00:06:59one slow and the other fast.

00:07:02I looked out and thought I saw someone in the garden.

00:07:05Then the drumming stopped dead

00:07:07and there was this wild yelling

00:07:09and then complete silence.

00:07:13And in the morning,

00:07:13we found various symbols smeared on the walls and the front door.

00:07:16What sort of symbols?

00:07:18Birds, snakes and handprints.

00:07:21They were very crudely done, smeared.

00:07:24Frankly, we didn't feel much like, you know, analysing them.

00:07:27We assumed they were blood,

00:07:29the job we had of scrubbing them off.

00:07:30Well, now, that was the first night.

00:07:32What then?

00:07:33Well, then we had two nights quiet,

00:07:34not even the phone calls.

00:07:36And then the full palaver all over again.

00:07:38You notified the police, I take it.

00:07:41Well, at that stage, though,

00:07:42we were still determined to ignore it.

00:07:44You see, all along, we'd felt,

00:07:46well, not guilty exactly,

00:07:47but were very upset for the communis.

00:07:50For Marika, the communi, at least,

00:07:51having to lose her daughter.

00:07:53My lord, ultimately,

00:07:54the campaign of harassment rose to such a pitch

00:07:56that Mr Hathaway was forced to go to the police

00:07:58and, indeed, to the courts

00:07:59to seek an injunction

00:08:00to restrain the communis

00:08:03from further malicious interference.

00:08:05And was this injunction granted?

00:08:07Well, the application was lodged

00:08:08a couple of days

00:08:08before the assault in the car park, my lord,

00:08:10and since the harassment stopped

00:08:11immediately after,

00:08:12the injunction proceedings were discontinued.

00:08:16Mr Hathaway,

00:08:17what, for you, was the final straw

00:08:19that drove you to seek this injunction?

00:08:21Well, it was really these juju nights,

00:08:22as we called them.

00:08:23Juju.

00:08:24We assumed all this was to do with them

00:08:25trying to put some sort of curse on us,

00:08:28tribal magic of some kind.

00:08:29I believe they call it juju.

00:08:31Well, each morning,

00:08:32there'd be some new variety of garbage

00:08:34in the doorstep.

00:08:36Bones and horns,

00:08:37dead birds, teeth,

00:08:39clay effigies with thorns stuck in them.

00:08:41My lord,

00:08:42I'm sure all this is highly diverting,

00:08:44but even if the witness

00:08:45did genuinely find these ghoulish items

00:08:48all over his garden,

00:08:49I failed to see how he could blame them

00:08:51on the accused.

00:08:53My lord, the juju was clearly associated

00:08:54with the overall pattern of persecution.

00:08:56Did you actually see the accused

00:08:58in the vicinity on the night

00:09:00in question, Mr Hathaway?

00:09:01Not positively, sir.

00:09:03But I did recognise his catina

00:09:05parked outside on the road

00:09:06on a couple of the nights.

00:09:07Mr Havistock-Pryorne?

00:09:10Well, what about your neighbours?

00:09:11Did they have nothing to say about all this,

00:09:13all these drums and yells?

00:09:16Well, we're pretty well out in the country, sir.

00:09:17Our only close neighbours

00:09:18are a retired couple,

00:09:19both fairly deaf,

00:09:21and we did our best

00:09:21to conceal it all from them.

00:09:22Most considerate.

00:09:24Well, as I said earlier, sir,

00:09:26up until they ran into me with the car,

00:09:28our attitude was,

00:09:30well, to try and ignore it.

00:09:31We had our phone number changed,

00:09:33we went away at weekends,

00:09:34we did everything we could to ignore it.

00:09:36In fact, you're saying

00:09:37that your attitude towards the communities

00:09:38throughout has been one of extreme tolerance.

00:09:41We've tried to be, yes.

00:09:42Even though you believe

00:09:42they were obsessed

00:09:43with retrieving their daughter,

00:09:45Letitia,

00:09:46a daughter whom you and your wife

00:09:48had cherished for the past nine years.

00:09:51A little girl by now

00:09:52is British in her ways

00:09:53as her schoolfellows.

00:09:54Well, we have tried to bring her up

00:09:55with a dual sense of identity,

00:09:57mind you,

00:09:57to be proud of her origins.

00:09:59If not some of their

00:10:00less desirable customs,

00:10:02such as the Le Bolo,

00:10:03whereby her father

00:10:04could set a definite commercial value

00:10:06on little Letitia

00:10:07in the marriage market.

00:10:08Now, Mr. Lotterby,

00:10:08I've asked you not to go

00:10:09raking up this sort of thing.

00:10:10Of course, it's distasteful,

00:10:11Mr. Hathaway,

00:10:12we can all see that,

00:10:13but I think it is relevant

00:10:13in case...

00:10:14Well, perhaps you'll allow me to judge,

00:10:15to decide what's relevant.

00:10:18As you wish.

00:10:18I'm sure we're all very impressed

00:10:27with this attitude of tolerance, sir.

00:10:29But may we take it

00:10:30you feel somewhat guilty

00:10:32and embarrassed

00:10:33over this whole affair?

00:10:35I certainly find it all

00:10:36most unpleasant and regrettable.

00:10:39I'm sure.

00:10:40However, your reason

00:10:41of holding back on the injunction,

00:10:43you are sure it wasn't really more

00:10:45because you had doubts?

00:10:47The fact is,

00:10:48Mr. Kumuni was not out there

00:10:49in the Fort Cortina at night

00:10:51and you knew it

00:10:52or had your doubts.

00:10:53No, I was certain it was him.

00:10:55Really, sir?

00:10:57Doesn't one black man

00:10:58look much like another black man?

00:11:01Wasn't there this

00:11:01this nagging doubt in your mind?

00:11:04I've known Thur Kumuni

00:11:05for nine years.

00:11:07I was in no doubt.

00:11:08In fact,

00:11:09if I hadn't been sure

00:11:10he was involved,

00:11:11I'd have gone to the police

00:11:12far earlier.

00:11:13Ah, yes.

00:11:14This tolerance,

00:11:15this sense of guilt

00:11:17you have towards the Kumuni's.

00:11:19And was that the reason

00:11:20why you were all so reluctant

00:11:22to go to the police

00:11:23the second time

00:11:24to report this alleged assault?

00:11:26Come now, Mr. Hathaway.

00:11:28Wasn't it a full four hours

00:11:30before you finally

00:11:31went to the police

00:11:32after the incident?

00:11:34I did have a broken arm.

00:11:36You've got a colleague

00:11:37to drive you

00:11:38to the Fulchester General Hospital.

00:11:40You had X-rays,

00:11:41you had a full medical examination,

00:11:43you were sent for your wife,

00:11:44your solicitor,

00:11:45and finally the police.

00:11:48Correct, Mr. Hathaway?

00:11:49Yes, but I...

00:11:52Sir,

00:11:53may we take it

00:11:54that this protracted delay

00:11:56was yet another manifestation

00:11:57of your attitude

00:11:58to where the Kumuni is?

00:12:00It took the combined pressures

00:12:02of your wife

00:12:03and your lawyer

00:12:03to finally persuade you

00:12:05to go to the police.

00:12:06Well, that's nonsense.

00:12:07Well, I told you

00:12:08I had a broken arm.

00:12:09I was exceedingly shaken up.

00:12:11It was several hours

00:12:12before I was well enough

00:12:13to speak to the police.

00:12:15Well enough.

00:12:17So now,

00:12:18maybe we are getting at it.

00:12:20I'm sorry,

00:12:20I don't quite see...

00:12:21The dog and pheasant,

00:12:22Mr. Hathaway.

00:12:24You testified earlier

00:12:26that was where

00:12:27you'd had a snack lunch

00:12:28just before the incident.

00:12:32How many drinks

00:12:32did you have

00:12:33during this snack lunch?

00:12:36Now, come on.

00:12:37How many?

00:12:38My usual couple.

00:12:40You can ask the barman.

00:12:42I'm asking you,

00:12:43Mr. Hathaway.

00:12:44And I'm telling you,

00:12:44a couple.

00:12:46A beer

00:12:46and a glass of wine

00:12:47with my sandwiches.

00:12:48Were you in company?

00:12:49I was alone.

00:12:51I suggest to you,

00:12:52Mr. Hathaway,

00:12:53that you imbibed

00:12:54considerably in excess

00:12:56of two drinks.

00:12:57No.

00:12:58You then drove back

00:12:58to the car park.

00:12:59You left your car.

00:13:01You staggered,

00:13:02drunkly into the path

00:13:03of Mr. Kumuni's car,

00:13:04causing him to swerve

00:13:05violently,

00:13:06and his passenger door

00:13:07to fly open.

00:13:09You were knocked down.

00:13:10But when they tried

00:13:11to help you up,

00:13:12you shouted at them

00:13:12with such drunken abusiveness

00:13:14that they decided

00:13:15to leave.

00:13:16That's nonsense.

00:13:17You were taken to hospital

00:13:18aware,

00:13:19aware of danger of tests.

00:13:21You delayed contacting

00:13:22the police

00:13:22until such time

00:13:23as you put it

00:13:24you were well enough.

00:13:26Until, in fact,

00:13:27you were sober enough.

00:13:29I see.

00:13:31Do you, sir?

00:13:32Well, I trust

00:13:33the jury does as well.

00:13:34I repeat,

00:13:35I had only two drinks.

00:13:37I was,

00:13:37to all intents and purposes,

00:13:39completely sober.

00:13:40Well,

00:13:41we shall see.

00:13:43So,

00:13:44let us get back

00:13:44to this tolerant attitude

00:13:46of yours,

00:13:47this sense of guilt

00:13:48we were talking about earlier.

00:13:50You'd been subjected

00:13:51to campaigns of harassment.

00:13:53Well,

00:13:53you and your wife

00:13:54must have found this

00:13:55all highly distressing.

00:13:57We certainly got

00:13:57damn sick of it.

00:13:59Also,

00:13:59you were convinced

00:14:00the defendants

00:14:00were involved

00:14:01that they had got it

00:14:02in for you,

00:14:03in fact.

00:14:05So,

00:14:05it was understandably enough

00:14:07that you mistook

00:14:08the accident

00:14:09as an aggressive assault.

00:14:11It was no accident.

00:14:14You can be sure?

00:14:16Really sure?

00:14:17Yes.

00:14:19For a man

00:14:19of such absolute certainty,

00:14:21you were remarkably slow

00:14:22in contacting the police.

00:14:24I told you.

00:14:25Wasn't it that you had doubts,

00:14:27serious doubts,

00:14:29and only when

00:14:29your wife and lawyer

00:14:31arrived at the hospital,

00:14:32only then

00:14:33did they start

00:14:33pissing you off?

00:14:35Or,

00:14:35Mr. Hathaway,

00:14:36or,

00:14:36or was it all

00:14:39rather more sinister

00:14:39than that?

00:14:41Was it that you realized

00:14:43all along

00:14:43that it was an accident

00:14:45and you had no intention

00:14:46of going to the police

00:14:47until later?

00:14:48Until it was pointed out

00:14:49to you that

00:14:50here was the perfect opportunity

00:14:52for you to,

00:14:53forgive me,

00:14:53blacken the communis?

00:14:56Why in the world

00:14:57would I want to do that?

00:14:58Oh,

00:14:58come,

00:14:58Mr. Hathaway,

00:14:59sure,

00:14:59it's obvious.

00:15:01The communis are,

00:15:02are contesting

00:15:02the,

00:15:03the legal custody

00:15:04of their daughter.

00:15:04The case goes before

00:15:06the court of appeal

00:15:07next month,

00:15:08is it not?

00:15:09They're still fighting

00:15:10to win their little

00:15:11daughter back from you.

00:15:13Now,

00:15:13what better opportunity

00:15:14than to show them up

00:15:15as vicious and irresponsible

00:15:16than to accuse them

00:15:17of trying to run you down?

00:15:18So you're saying,

00:15:35Mrs. Hathaway,

00:15:36there's no doubt

00:15:36in your mind

00:15:37that Thuo Comuni

00:15:38was a party

00:15:39to this persecution?

00:15:40Oh,

00:15:40none at all.

00:15:41In fact,

00:15:42on several occasions

00:15:42I went out

00:15:43and tried to talk to him,

00:15:45usually when he was

00:15:45sitting across the road

00:15:46in the wreck

00:15:47of a car of his.

00:15:48How did he respond?

00:15:49He didn't like it very much.

00:15:50He used to roll up the window

00:15:52when he saw me coming,

00:15:53even drive off.

00:15:54What about the other people

00:15:54helping him in the conspiracy?

00:15:56Did you recognize any of them?

00:15:57I'd seen a couple of them

00:15:58in the court

00:15:59at the custody hearing.

00:16:01They were ordered out

00:16:02for barracking.

00:16:03And,

00:16:04um,

00:16:04Yes?

00:16:05There's another one of them

00:16:07out there now

00:16:07waiting to give evidence.

00:16:09The one who was with

00:16:09the Comunis

00:16:10when they ran my husband down.

00:16:12By law?

00:16:12Yes, yes.

00:16:13Now, members of the jury,

00:16:14since the witness's last statement

00:16:16was based upon hearsay,

00:16:17you will please disregard

00:16:18it.

00:16:19Mrs. Hathaway was not present

00:16:21and cannot give evidence

00:16:22about anything that happened.

00:16:25Mrs. Hathaway,

00:16:26would you mind telling us

00:16:27how you responded

00:16:28to this harassment?

00:16:29Well,

00:16:30we thought it was all rather

00:16:31sad and pathetic.

00:16:33we knew that Mariko was very upset

00:16:37about losing Lettie

00:16:38and naturally we felt

00:16:39very sorry for her.

00:16:40And here were these

00:16:41idiot men behaving,

00:16:43well,

00:16:45like idiots.

00:16:45Just what they hope to achieve.

00:16:47I can't imagine.

00:16:48I mean,

00:16:49maybe they can carry on like that

00:16:50in an African bundu.

00:16:52I don't know.

00:16:52But in suburban Fulchester,

00:16:54well,

00:16:55it's downright

00:16:55pathetic.

00:16:58Yes,

00:16:58well,

00:16:58ultimately you concurred

00:17:00when your husband

00:17:01sought an injunction.

00:17:02When all this

00:17:03revolting black magic nonsense

00:17:05started,

00:17:05I insisted.

00:17:07It really was getting us down.

00:17:08I've always been prone

00:17:09to migraine

00:17:10and Bill is inclined

00:17:12to insomnia

00:17:12at the best of times.

00:17:13You associated all this

00:17:15with the curse

00:17:16of Kilimanjaro.

00:17:19Was there any

00:17:20justification for this?

00:17:22No,

00:17:23I expect it was just

00:17:24the strain,

00:17:25mostly.

00:17:25And the little girl,

00:17:26how did she take it?

00:17:27She used to hear

00:17:28the drums,

00:17:29of course.

00:17:30All the racket

00:17:30they made at night

00:17:31had upset her terribly.

00:17:33Her health,

00:17:34generally.

00:17:34She came out

00:17:35in a horrible skin rash.

00:17:36And it was all this

00:17:37that occasioned

00:17:38your change of heart

00:17:39towards the persecution?

00:17:41Yes.

00:17:42Mrs Hathaway,

00:17:42if I may anticipate

00:17:44a line of inquiry

00:17:44from my learned friend,

00:17:45would you tell us

00:17:46why you were so anxious

00:17:47to retain custody of

00:17:48and if possible

00:17:49formally adopt

00:17:50Letitia Kamuni?

00:17:51Letty had been with us

00:17:52since she was a baby

00:17:53of four months.

00:17:54She'd hardly seen

00:17:55her natural parents at all.

00:17:57Certainly not

00:17:57in the last few years.

00:17:58And now,

00:18:00here they are

00:18:01wanting to snatch her away

00:18:02back to Kenya

00:18:03where she won't know

00:18:04a thing of the language

00:18:05or the customs

00:18:06of where they think

00:18:07or behave.

00:18:08It's all quite barbarous.

00:18:10I believe Letitia herself

00:18:11is very upset

00:18:12to this prospect.

00:18:12Oh, distraught,

00:18:13poor little thing.

00:18:16She's inclined

00:18:17to be a bit nervous

00:18:18anyway,

00:18:18and she simply

00:18:19can't cope

00:18:20with the idea

00:18:20of being taken away.

00:18:23Thank you,

00:18:23Mrs Hathaway.

00:18:26Madam,

00:18:27have you any children

00:18:28of your own?

00:18:29No.

00:18:31Why is that, please?

00:18:33My husband and I

00:18:34decided

00:18:35there were enough

00:18:36being born into this world

00:18:37without our adding

00:18:38to the number.

00:18:38mother.

00:18:39Ah.

00:18:40You see,

00:18:41the world

00:18:41is so grossly

00:18:43overpopulated

00:18:43that you have elected

00:18:44to forgo

00:18:45the joys

00:18:46of parenthood.

00:18:47Yes.

00:18:48Nor the reason.

00:18:49None.

00:18:51It wasn't that

00:18:52you were unable

00:18:53for physical reasons

00:18:54to have children

00:18:55of your own.

00:18:55Oh, it's all right,

00:18:56Mr Lotterby.

00:18:57Mr Brown is welcome

00:18:58to question my fertility.

00:19:00However,

00:19:00the answer is no.

00:19:02As far as we know,

00:19:03there was nothing

00:19:03to prevent us

00:19:04from breeding children

00:19:05of our own.

00:19:07So the motivation

00:19:07behind your fostering

00:19:09Leticia

00:19:09was purely altruistic,

00:19:12an act of

00:19:12simple charity.

00:19:14We saw it

00:19:15as our

00:19:15human duty.

00:19:18A highly

00:19:19disinterested

00:19:19attitude.

00:19:21But one,

00:19:22in fact,

00:19:23we shall hear

00:19:23your true motives

00:19:24were somewhat

00:19:25more selfish.

00:19:26If that's so,

00:19:27why didn't we adopt

00:19:28straight away

00:19:29instead of just fostering?

00:19:31It is my job

00:19:32to ask the questions,

00:19:33madam.

00:19:33However,

00:19:34since you are,

00:19:34in fact,

00:19:35currently seeking

00:19:36to adopt the child,

00:19:37I fancy the point

00:19:38is somewhat

00:19:38more academic.

00:19:40Oh, I don't see why.

00:19:41When we first fostered Letty,

00:19:43it was going to be

00:19:43for no more than

00:19:44a few months.

00:19:45It was the communis

00:19:46who kept extending it,

00:19:47not us.

00:19:48And now it's nine years,

00:19:50and adoption

00:19:50is the only answer.

00:19:53Was there ever a point

00:19:54when you encouraged

00:19:55the communis

00:19:56to have her back?

00:19:57Well, I suppose...

00:19:58Isn't it true,

00:19:59you mean,

00:19:59it's increasingly difficult

00:20:00for them to keep

00:20:01contact with Leticia?

00:20:02Oh, not at all.

00:20:03You moved away

00:20:05from London,

00:20:06came up to Fulchester.

00:20:07That was because

00:20:08of my husband's work.

00:20:10You were never offered

00:20:11to take her down

00:20:12to London

00:20:13to see her real mother,

00:20:14to see this woman

00:20:15for whom you profess

00:20:15such touching sympathy?

00:20:17Oh, surely,

00:20:18the onus was on

00:20:19the communis

00:20:20to come and visit Letty.

00:20:21After all,

00:20:22we weren't taking

00:20:23any money from them

00:20:24towards her upkeep.

00:20:25If they couldn't make

00:20:26the effort

00:20:27to come and visit her,

00:20:28well, really,

00:20:28I think that's going to...

00:20:29I put it to you, madam,

00:20:30that you have acted

00:20:30with this shabbiest hypocrisy

00:20:32throughout this entire affair.

00:20:34You used your social position

00:20:36as a worker

00:20:37in Shepherd's Bush

00:20:38to win their confidence

00:20:39and to get hold

00:20:40of their daughter.

00:20:41You subsequently

00:20:42did everything you could

00:20:43to sever their contact

00:20:45with Leticia.

00:20:46You parade her

00:20:47as a charitable do-gooder,

00:20:49when in reality,

00:20:49your sole motive throughout

00:20:51was the selfish one

00:20:52of wanting to win

00:20:53legal custody

00:20:54of their child,

00:20:55of transforming

00:20:56Leticia Comuni

00:20:57into Letty Hathaway.

00:21:00Nonsense!

00:21:00Totally untrue!

00:21:02I suppose someone like you

00:21:03wouldn't begin

00:21:04to understand motives

00:21:04that were anything

00:21:05but selfish.

00:21:06Someone like me, madam?

00:21:08You mean because

00:21:08I'm black, I take it?

00:21:09Oh, no,

00:21:10of course not.

00:21:12Well,

00:21:13if you have acted

00:21:14throughout with such

00:21:15highly civilized motives,

00:21:16perhaps you could care

00:21:17to tell us

00:21:17why on two separate

00:21:19occasions last year

00:21:20why you offered

00:21:21the Comuni's money

00:21:23to renounce

00:21:24their parental rights,

00:21:25why, in effect,

00:21:26you wanted to buy

00:21:27their daughter?

00:21:28I did nothing

00:21:28of the sort.

00:21:30Poor Marika

00:21:30was in awful difficulties,

00:21:32worked off her feet,

00:21:33desperately short of money.

00:21:34And you,

00:21:36true to the lady,

00:21:37bountiful image,

00:21:38were merely

00:21:38offering money

00:21:40to help out?

00:21:41If that arrogant,

00:21:42self-opinionated slob

00:21:43of a husband of hers

00:21:44had ever stirred himself

00:21:45once to help,

00:21:46instead of just

00:21:47lolling about,

00:21:48yakking all the time,

00:21:49living off her back,

00:21:50it wouldn't have been...

00:21:50Mrs Hathaway, please.

00:21:51don't let's get involved

00:21:53in your prejudices.

00:21:55Prejudices?

00:21:56How dare you

00:21:58call me prejudiced?

00:21:59How dare you?

00:22:00Good God almighty,

00:22:01I take on the mothering

00:22:02of a colored child,

00:22:03and you call me prejudiced!

00:22:05Madam,

00:22:06did I say anything

00:22:07about racial prejudice?

00:22:11As I understand

00:22:12that your criticism

00:22:12was of

00:22:13Thuo Comuni

00:22:14as a man

00:22:15and a husband.

00:22:16Yes.

00:22:17Yes,

00:22:18you're right,

00:22:19what it was.

00:22:21You know,

00:22:22I fancy the jury

00:22:23might find that

00:22:24outburst rather revealing.

00:22:27Oh?

00:22:27Revealing?

00:22:28Of what?

00:22:28Of your true attitude

00:22:29towards this little girl.

00:22:31In what way?

00:22:33Your total lack of love.

00:22:35I'm sure I don't know

00:22:36what you mean by that.

00:22:37No,

00:22:38somehow one wouldn't

00:22:39expect you to.

00:22:40After all,

00:22:41isn't the expression

00:22:42of love

00:22:42and tender feelings

00:22:43rather,

00:22:44shall we say,

00:22:45alien to your nature?

00:22:47If by that you mean

00:22:48that I don't wear

00:22:49my heart on my sleeve.

00:22:50I mean,

00:22:51madam,

00:22:51that you are not

00:22:52of a very affectionate disposition,

00:22:54that you are by nature

00:22:55a more detached

00:22:56and calculating person.

00:22:57Oh,

00:22:57and just how do you

00:22:58leap to that conclusion?

00:23:00From your choice of phrase.

00:23:01For instance,

00:23:02ask why you chose

00:23:03to foster Leticia.

00:23:05You tell us

00:23:05it was your

00:23:06human duty.

00:23:08So?

00:23:08I should have thought

00:23:09the more human motive

00:23:10would be because

00:23:11one quite simply

00:23:12likes children.

00:23:13Well,

00:23:13I do.

00:23:14And then again,

00:23:14one might have expected

00:23:15your reason for wishing

00:23:16to retain custody

00:23:17of Leticia

00:23:17to have something

00:23:19to do with

00:23:19love and tender feelings.

00:23:22But no.

00:23:23Instead,

00:23:24you inform us

00:23:25it would be

00:23:25because

00:23:26it would be

00:23:27quite barbarous

00:23:28for her to have

00:23:29to face life

00:23:30among her own people.

00:23:31Well,

00:23:32revealing phrases,

00:23:33madam.

00:23:35But then,

00:23:35as you say,

00:23:35you don't wear

00:23:36your heart

00:23:36on your sleeve.

00:23:38No,

00:23:38exactly.

00:23:39And then again,

00:23:40you tell us

00:23:40how you choose

00:23:41to take on

00:23:41the mothering

00:23:43of a colored child.

00:23:44Just as in bygone days

00:23:46the squire's wife

00:23:47used to take on

00:23:48the care

00:23:48of the needy

00:23:49and sick

00:23:50in the parish.

00:23:50An extraordinary

00:23:51parallel.

00:23:52Really?

00:23:53Isn't that how

00:23:54you see yourself?

00:23:55The patron

00:23:56of the poor,

00:23:56uncivilized

00:23:57black immigrants

00:23:58who don't know

00:23:59anything about

00:24:00family planning.

00:24:01In fact,

00:24:02a lot of days

00:24:03the squire's wife...

00:24:05The case of the

00:24:26queen against

00:24:27Kamuni and Kamuni

00:24:28will be resumed

00:24:29tomorrow

00:24:29in the crown court.

00:24:30Today in Fulchester,

00:25:00Crown Court,

00:25:01Mr and Mrs Kamuni

00:25:02are charged

00:25:03with attempting

00:25:03to cause grievous

00:25:04bodily harm

00:25:05to William Hathaway,

00:25:06the foster father

00:25:07of their nine-year-old

00:25:08daughter.

00:25:09Evidence so far

00:25:09presented has revealed

00:25:11that preceding

00:25:12the alleged assault,

00:25:13Mr Hathaway

00:25:13and his wife Peggy

00:25:14were subjected

00:25:15to a campaign

00:25:16of persecution

00:25:16which included

00:25:18the laying

00:25:18of a tribal curse

00:25:19against them.

00:25:20Although witnesses

00:25:21claim to have seen

00:25:22Kamuni taking part

00:25:23in this persecution,

00:25:24this has been

00:25:24hotly challenged

00:25:25by the defence.

00:25:27Now, Mrs Hathaway,

00:25:28this persecution.

00:25:30You stated earlier

00:25:31that you positively

00:25:32identified the accused

00:25:34outside your house.

00:25:35That is so.

00:25:36Well, I should tell you

00:25:37that he denies this.

00:25:39I'm sure.

00:25:40His word against mine.

00:25:43Not necessarily.

00:25:44It could be that you

00:25:45were mistaken

00:25:46in your identification.

00:25:47You were angry

00:25:48and disturbed

00:25:49by the attentions

00:25:50of these colored people.

00:25:51In your distress,

00:25:52you could very naturally

00:25:53assume that they

00:25:55were in some way

00:25:55involved.

00:25:56That they were

00:25:57taking some sort

00:25:58of vengeance.

00:25:59We hadn't wronged them.

00:26:01Oh, come.

00:26:02You had robbed them

00:26:03of their child.

00:26:04You had fought him

00:26:04in the courts.

00:26:06I saw him,

00:26:07I tell you.

00:26:08You were revolted

00:26:08by the supposed

00:26:09tribal spell

00:26:10which was being put

00:26:11on you.

00:26:12You were suffering

00:26:12from migraine attacks.

00:26:14Your husband

00:26:14couldn't sleep.

00:26:15The child was suffering

00:26:16of progressive illness.

00:26:18Isn't it likely

00:26:19to say the least

00:26:20and under these circumstances

00:26:22your judgment

00:26:22could have been blurred.

00:26:23I saw him.

00:26:25You saw a colored man

00:26:26resembling him

00:26:27in a car you took

00:26:29to be his.

00:26:30No!

00:26:33This supposed

00:26:34black magic

00:26:35really frightened you,

00:26:36didn't it,

00:26:36Mrs. Hathaway?

00:26:37Something pagan,

00:26:38something primitive,

00:26:40something totally alien

00:26:41to your race and culture.

00:26:43And worse,

00:26:44something rooted

00:26:45in the origins

00:26:46of the child

00:26:46you had brought

00:26:47into your home.

00:26:48This tribal spell

00:26:49was a manifestation

00:26:50of all the things

00:26:51you have tried

00:26:52to suppress in her.

00:26:53No!

00:26:53No?

00:26:54No, what?

00:26:54No, you have not

00:26:55tried to suppress them?

00:26:56No, I meant that...

00:26:57You deny seeking

00:26:58to eradicate

00:26:59all traces

00:26:59of Letitia Comuni's

00:27:00cultural heritage

00:27:01so as to ensure

00:27:02her alienation

00:27:03from her natural

00:27:03parents and people?

00:27:04My lord,

00:27:05there are limits.

00:27:06There are indeed.

00:27:07Mr. Havistock Brown,

00:27:08the appeal

00:27:08over the custody

00:27:09of this child

00:27:10is to be heard

00:27:10next month

00:27:11in another court.

00:27:13I urge you

00:27:13to keep such speeches

00:27:15for that hearing.

00:27:18If your Lordship directs,

00:27:19if my conduct

00:27:22appears as somewhat

00:27:23overzealous

00:27:24in this case,

00:27:25it is because

00:27:25of the profound sympathy

00:27:26I have for the two

00:27:27accused in this case.

00:27:30No further questions.

00:27:33Well, you may leave

00:27:34the witness box.

00:27:40I call my last witness,

00:27:42Dr. Ian Percival.

00:27:43Dr. Ian Percival, please.

00:27:50I have any one query

00:27:51on your report, doctor.

00:27:53There's no reference in it

00:27:54to any tests for alcohol.

00:27:56How is this?

00:27:57Well, there was no call

00:27:58for any.

00:27:59Well, it's been suggested

00:28:00that Mr. Hathaway

00:28:01was drunk at the time.

00:28:02So drunk that he staggered

00:28:04into the path

00:28:04of the accused's car.

00:28:06Well, that's nonsense.

00:28:08When you examined him

00:28:09in hospital,

00:28:09he was completely sober.

00:28:10Oh, completely.

00:28:12Shocked, of course,

00:28:13but no sign of drinking.

00:28:14Thank you, doctor.

00:28:15Now, you've known

00:28:16Mr. Hathaway

00:28:17professionally and socially

00:28:18for quite some

00:28:19considerable time,

00:28:19I believe.

00:28:20All of six years, I'd say.

00:28:22Would you describe him

00:28:23as a heavy drinker?

00:28:24Oh, I would not.

00:28:26Now, on the evening

00:28:28of the 11th of April last,

00:28:29where were you?

00:28:30Visiting the Hathaways.

00:28:32And when you left their house,

00:28:33what did you see?

00:28:35Well, their house

00:28:36is at the end of the road.

00:28:38I'd parked my car

00:28:39at the end of the tarmac.

00:28:42When I came out,

00:28:43there was this old cortina

00:28:44parked alongside mine,

00:28:46parked tight up against it

00:28:47so I couldn't get out.

00:28:49Well, there were some

00:28:49coloured fellows in it,

00:28:50so I went and asked them

00:28:51to move over.

00:28:52And did they oblige?

00:28:54Eventually, yes.

00:28:55Did you see any of them

00:28:57well enough to be able

00:28:57to recognise them again?

00:28:59Yes.

00:29:00He's the one

00:29:01who was in the driver's seat.

00:29:02Doctor,

00:29:02did they in any way

00:29:03abuse or molest you?

00:29:05No, sir.

00:29:06But at first

00:29:07they refused to move.

00:29:09It was only when

00:29:10I got into my own car

00:29:11and started trying to

00:29:12work my way out

00:29:13over the verge

00:29:13that they eventually

00:29:14moved on.

00:29:15And you're positive

00:29:16that the man in the dock

00:29:17there was the driver

00:29:18of the car?

00:29:19I am, yes.

00:29:21Thank you, Doctor.

00:29:24What time of the evening

00:29:25was this, Doctor?

00:29:27When I left?

00:29:28About ten-ish, I'd say.

00:29:30So when you went out

00:29:31to your car,

00:29:31it was dark?

00:29:32Yes.

00:29:33And yet you were able

00:29:34to identify them.

00:29:36Well, I had a torch.

00:29:37You had a torch?

00:29:39General practitioners

00:29:40usually do.

00:29:42The more efficient ones.

00:29:44The Hathaways have been

00:29:45registered with you

00:29:46for seven years.

00:29:47During that time,

00:29:48have you ever treated

00:29:49either of them

00:29:50for infertility?

00:29:52I'm certainly not

00:29:53answering that one.

00:29:54Now, Dr Percival,

00:29:55Mrs Hathaway has told

00:29:56the court that she

00:29:57and her husband

00:29:57were perfectly capable

00:29:58of having children

00:29:59had they so wished.

00:30:00In view of this,

00:30:02I fancy that there's

00:30:03nothing unethical

00:30:04in answering that question.

00:30:06Well, that's

00:30:07debatable, my lord.

00:30:09However, since the answer's

00:30:10in the negative,

00:30:11no, I have not.

00:30:12Nor recommended them

00:30:13for treatment

00:30:14to a specialist?

00:30:15No.

00:30:16However, if you're fretting

00:30:18about the Hathaway's

00:30:19attitude to propagation,

00:30:20I reckon they won't mind

00:30:21if I tell you something

00:30:22about that.

00:30:22All right, Bill?

00:30:23Yes, doctor?

00:30:26Well, about a couple

00:30:26of years ago,

00:30:27your worship,

00:30:28he asked me to arrange

00:30:29a vasectomy op for him.

00:30:31That's when they sterilize

00:30:32by tying off the vest...

00:30:33I am aware of the details.

00:30:35Aha.

00:30:37Hardly the action

00:30:37of a man anxious

00:30:38to beget children.

00:30:39Quite so, doctor,

00:30:40and I think that should

00:30:41dispose of the matter

00:30:42once and for all,

00:30:44Mr Haverstock-Brown.

00:30:46Doctor,

00:30:47we have heard

00:30:47that the Hathaways

00:30:48were both suffering

00:30:49considerable nervous strain

00:30:51as a result

00:30:51of the persecutions.

00:30:53Is that right?

00:30:54Mrs Hathaway

00:30:55distressed with migraines,

00:30:56her husband

00:30:56wrapped with insomnia.

00:30:58Surely, in this condition,

00:30:59his anxieties

00:31:00could possibly have provoked

00:31:01a delusional state

00:31:02affecting his judgment?

00:31:04Are you asking me

00:31:06or telling me,

00:31:07Mr Brown?

00:31:08Asking you, doctor?

00:31:09Well, I'm telling you,

00:31:10you're way out on a limb there.

00:31:12He's not the nervous type.

00:31:13He's not given

00:31:14two anxiety symptoms,

00:31:16least of all

00:31:16of a delusional nature.

00:31:18Neither he

00:31:18nor his wife

00:31:19come to that.

00:31:20No anxieties,

00:31:21no nerves.

00:31:22Simply fed up

00:31:23with all this persecution.

00:31:25I see.

00:31:25Now, we've also heard

00:31:27that the little girl,

00:31:27Leticia,

00:31:28was suffering

00:31:28from a progressive illness.

00:31:30Oh, hardly progressive.

00:31:33She had an upset tummy,

00:31:34she was inclined

00:31:35to be feverish,

00:31:36and she'd developed

00:31:37this rash

00:31:38in her face and hands.

00:31:39Did you conclude

00:31:40the symptoms

00:31:41were related?

00:31:42I did.

00:31:43So the overall syndrome

00:31:45was in fact

00:31:46psychosomatic

00:31:47and origin?

00:31:48That was my diagnosis,

00:31:50yes.

00:31:50So it's fair

00:31:52to assume

00:31:52that they were

00:31:53a sympathetic response

00:31:54to the spell,

00:31:55the spell she knew

00:31:56was being put

00:31:57on the family,

00:31:59some deep

00:32:00cultural affinity,

00:32:02some affinity

00:32:03with her ancestral spirits,

00:32:06clear evidence

00:32:07of the threat

00:32:07latent in allowing her

00:32:09to remain

00:32:09with these two white people

00:32:11whose sole object

00:32:12was to undermine

00:32:13her cultural heritage.

00:32:14Mr. Haverstock Brown,

00:32:21are we to take it

00:32:23that you believe

00:32:23in the force

00:32:24of this curse

00:32:26of Kilimanjaro?

00:32:28Its psychological force?

00:32:30Yes, your lordship.

00:32:31You are familiar

00:32:32with the juju

00:32:33of East Africa?

00:32:35No less than the juju

00:32:36of, say,

00:32:36the Vatican or the Kremlin,

00:32:38your lordship.

00:32:39Ah, yes.

00:32:40I'm just wondering,

00:32:41you see,

00:32:42if perhaps your origins

00:32:43were...

00:32:44My immediate origins

00:32:45were, your lordship,

00:32:46were southside Middlesbrough.

00:32:48But I understand

00:32:48that my forebears

00:32:49originated from

00:32:50tribal Africa

00:32:51by way of the Virgin Islands,

00:32:53if you follow me.

00:32:54Yes.

00:32:56Try just to stick

00:32:57to the point, will you?

00:32:58My lord.

00:33:00Dr. Percival,

00:33:01would you agree

00:33:01that Letitia Comunia

00:33:02was responding

00:33:03in a psychosomatic way

00:33:04to the effect

00:33:05of this supposed

00:33:07tribal spell?

00:33:08Certainly not.

00:33:09To what, then?

00:33:10Well, her condition

00:33:11was most probably

00:33:12a reflection

00:33:12of the state

00:33:13her foster parents

00:33:14were in.

00:33:15But, Doctor,

00:33:16you just now

00:33:17assured us

00:33:18they were in no way

00:33:19troubled with anxieties.

00:33:21You were

00:33:22talking in extremes,

00:33:25referring to delusions.

00:33:28Anyway,

00:33:29Lettie's been inclined

00:33:29to nerves

00:33:30these last few years.

00:33:32She's

00:33:32quite a problem child

00:33:33in her way.

00:33:34Ah.

00:33:35The usual sort of

00:33:36identity hang-ups

00:33:37you get with adopted kids,

00:33:39only, of course,

00:33:40accentuated in the case

00:33:41of transracial fostering

00:33:42like...

00:33:44like this.

00:33:47In fact,

00:33:48Doctor,

00:33:49you're saying

00:33:49that Letitia Comunia

00:33:50is suffering

00:33:51from a chronic

00:33:51nervous state

00:33:52as a result

00:33:53of being fostered

00:33:54to these two

00:33:54white people.

00:33:55Now, wait a minute.

00:33:56No wonder

00:33:56Mr. and Mrs. Comunia

00:33:58are anxious

00:33:58to retrieve their daughter.

00:33:59Thank you,

00:34:00Dr. Percival.

00:34:01So then,

00:34:18I thought it was best

00:34:19to leave him alone.

00:34:20Quite.

00:34:21So,

00:34:22just to summarize

00:34:23for the jury.

00:34:25You thought

00:34:26you might find

00:34:27Mr. Hathaway

00:34:27lunching at the

00:34:28Dog and Pheasant.

00:34:30You went there

00:34:30arriving just

00:34:31as he left

00:34:32and got into his car.

00:34:34You hooted

00:34:34to attract his attention

00:34:35but he ignored you

00:34:37and instead

00:34:37drove off at speed.

00:34:39You followed him

00:34:40to the industrial

00:34:40estate car park

00:34:41arriving just

00:34:43as he left his car.

00:34:44You hooted again

00:34:45as you drove up

00:34:46but far from

00:34:47responding to this

00:34:48he staggered

00:34:49to the path

00:34:49of your car

00:34:50and you were moving

00:34:51at approximately

00:34:52five miles an hour.

00:34:54You swerved

00:34:55to avoid him

00:34:56causing the forward

00:34:57passenger door

00:34:57to fly open.

00:34:59The door struck him

00:35:00you stopped immediately

00:35:01and ran with your wife

00:35:02to help him.

00:35:03He however

00:35:04declined your assistance

00:35:05and instead

00:35:06abused you

00:35:07in a drunken manner.

00:35:08Yes, that's it.

00:35:09Why did you then

00:35:10leave the scene

00:35:10of the accident

00:35:11instead of as the law

00:35:12requires

00:35:13or waiting

00:35:14until the police

00:35:14could be called?

00:35:15It was unfortunate.

00:35:16I can see that now

00:35:18but you have to

00:35:19understand a few

00:35:20things here.

00:35:21One, I did not know

00:35:23the law says

00:35:24we are supposed

00:35:24to stay.

00:35:25Two, we just had

00:35:27a big dose

00:35:28of the so-called

00:35:28British justice

00:35:29anyway

00:35:30with an English judge

00:35:31telling us

00:35:31we had no...

00:35:31Yes, yes.

00:35:33And?

00:35:34Three, Hathaway

00:35:36didn't look like

00:35:37he was hurt too badly.

00:35:38Not the way

00:35:39he was shouting at us

00:35:40swearing like that

00:35:41and spoiling for a row.

00:35:42I wasn't going to

00:35:43you know

00:35:44expose my wife

00:35:45to a man in that mood.

00:35:46Quite so.

00:35:47And as you say

00:35:48an unfortunate decision

00:35:49but a very human one.

00:35:52Now, Mr. Kimoni

00:35:53would you care

00:35:54to explain

00:35:55why you and your wife

00:35:56had to foster

00:35:57a tissue out

00:35:57for as long

00:35:58as nine years?

00:35:59We had no choice

00:36:00did we?

00:36:01What with mere student

00:36:02inflation

00:36:03the cost of living

00:36:05the extortionate

00:36:06rents colored folk

00:36:07have to pay

00:36:07my wife

00:36:09she had to work

00:36:11in Kenya

00:36:12when the parents work

00:36:13their families

00:36:14look after the children

00:36:15that's the way

00:36:16we do things

00:36:16but here

00:36:18we had to lend

00:36:19our child

00:36:19to someone else

00:36:20and then we lose her

00:36:21and they tried

00:36:22to make her

00:36:23into a white girl.

00:36:24And now you have graduated?

00:36:25We can go from here

00:36:27go back to East Africa

00:36:28for my career.

00:36:29And Leticia?

00:36:30She can come back to us

00:36:31come home at last.

00:36:33Oh, so you suppose

00:36:34until you found

00:36:35the Hathaways

00:36:36weren't prepared

00:36:36to give her up

00:36:37so then you then

00:36:38have to apply

00:36:39to the High Court

00:36:39Family Division

00:36:40for her return.

00:36:41That's right

00:36:42seven days of haggling

00:36:43like we were in a

00:36:44court market

00:36:45fixing ownership.

00:36:46And very naturally

00:36:47at the end of those

00:36:48seven days

00:36:49when the ruling

00:36:50went against you

00:36:51and your wife

00:36:51you were shocked

00:36:53this wrong.

00:36:54Man, I was blowing

00:36:55my mind

00:36:55all that high talk

00:36:57all that legal crap

00:36:58and I...

00:36:58Quite so.

00:37:00Now then

00:37:01to get back to the events

00:37:02on the 13th of April last

00:37:04you had that morning

00:37:06driven up to Fulchester.

00:37:07Yes.

00:37:08Why was that?

00:37:08I wanted to speak

00:37:09to him.

00:37:10What about?

00:37:11You see, sir,

00:37:12we'd had the police

00:37:12round our house

00:37:13asking my wife

00:37:14a lot of impertinent

00:37:15questions

00:37:16insulting her

00:37:17the way they always

00:37:17do to black people.

00:37:18What were they

00:37:19asking you about?

00:37:20Where I was

00:37:21where they could

00:37:22find me.

00:37:22They were in fact

00:37:23following up the

00:37:24complaint lodged

00:37:25against you

00:37:26by the Hathaways.

00:37:27That's right.

00:37:28So, sure

00:37:29when I heard that

00:37:30well, naturally

00:37:31I had to get round

00:37:32to ask what he was saying.

00:37:33As you now know

00:37:34it was because

00:37:35he imagined you

00:37:36were a party

00:37:36to certain harassments.

00:37:38That's right.

00:37:39To which he and his wife

00:37:40had been subjected.

00:37:42And were you in fact

00:37:43a party to that harassment?

00:37:44I was not.

00:37:46Did you even know

00:37:47these actions

00:37:48were being committed?

00:37:49I did not.

00:37:51My lord

00:37:51I'd be stupid

00:37:53to do a thing like that.

00:37:54You know

00:37:55with the appeal

00:37:55for Letitia coming up

00:37:56and me and my wife

00:37:58needing to show

00:37:58what decent

00:37:59and respectable

00:38:00citizens we are.

00:38:01Quite so,

00:38:02Mr. Komuni.

00:38:03Nevertheless

00:38:03there is no denying

00:38:04the fact that

00:38:05whoever did commit

00:38:06these actions

00:38:07saw them as a protest

00:38:08and sympathy

00:38:09with you and your wife's calls

00:38:10with your losing

00:38:11your daughter

00:38:12to the Hathaways.

00:38:13That's it.

00:38:14So in view of that

00:38:15have you any idea

00:38:16who these unknown

00:38:17people might have been?

00:38:19Mr. Havistock Brown, sir

00:38:20every black parent

00:38:22in the UK

00:38:22was shocked

00:38:23by that judge's verdict.

00:38:24Everyone.

00:38:25Man, I had letters

00:38:26unnumbered.

00:38:27People coming to me

00:38:28they were just

00:38:28shocked out of their souls.

00:38:30So if a bunch of them

00:38:31wanted to get together

00:38:33up here in Forchester

00:38:34and make some sort

00:38:35of a show

00:38:35well, that's human too.

00:38:38But like I told the police

00:38:39me and my wife

00:38:41we can be held responsible

00:38:42for the actions

00:38:43of every colored man

00:38:44trying to live

00:38:45in this country.

00:38:46Thank you, Mr. Komuni.

00:38:49Mr. Lottaby

00:38:49say it was the

00:38:53dog and pheasant

00:38:54where you first located,

00:38:55Mr. Hathaway?

00:38:56Yes.

00:38:57Why'd you chosen there

00:38:58to search for him?

00:38:59Or was it merely

00:39:00a fortunate coincidence

00:39:01you just happened

00:39:02to be passing the pub?

00:39:03No.

00:39:04I reckon we might

00:39:05find him there.

00:39:06You reckoned?

00:39:07Sort of place he'd go to.

00:39:08Mr. Komuni,

00:39:09there are scores

00:39:10of lunching places

00:39:11here in Forchester

00:39:11and yet you happen

00:39:13to pick on the very one

00:39:14he invariably uses.

00:39:15So?

00:39:16There's nothing wrong

00:39:17with that?

00:39:18No.

00:39:19Unless the real reason

00:39:19you chose that particular pub

00:39:21was that you had

00:39:21a far more intimate

00:39:22knowledge of Mr. Hathaway's

00:39:23movements than you're

00:39:24telling us.

00:39:25Intimate?

00:39:26A knowledge gained

00:39:27as a result of following

00:39:28him and his wife around

00:39:29for three weeks.

00:39:30How do you mean?

00:39:31Following him as a

00:39:32part of your campaign

00:39:34of harassment

00:39:35and persecution.

00:39:36No!

00:39:37No?

00:39:38So you're asking us

00:39:38to believe it was what?

00:39:40An inspired guess?

00:39:42You don't like

00:39:43the Hathaways much

00:39:44do you, Mr. Komuni?

00:39:45Maybe not my choice

00:39:46of company, but...

00:39:47They were your choice

00:39:48of foster parent?

00:39:49That was before

00:39:50we saw what they wanted.

00:39:52And when you did

00:39:52your attitude changed?

00:39:53That's it.

00:39:54You grew to hate them,

00:39:55did you?

00:39:55No, sir.

00:39:56What then?

00:39:58Sort of more pity,

00:40:00I guess.

00:40:01Well, you showed

00:40:01every sign of hatred

00:40:02when you were

00:40:03blowing your mind

00:40:04at the close

00:40:05of the High Court hearing.

00:40:06It wasn't the heat

00:40:07of the moment, sir.

00:40:09My lord,

00:40:10I'm not a man

00:40:10who bears a grudge.

00:40:12I tried to see it

00:40:13from their end.

00:40:13They want to care

00:40:15for our daughter,

00:40:16give her the things

00:40:17in life the way

00:40:17they see it.

00:40:19Well, they just

00:40:20don't know our ways,

00:40:21that's all.

00:40:22So, Mr. Komuni,

00:40:23even though you are

00:40:23having to fight

00:40:24the Hathaways

00:40:25for the custody

00:40:25of Letitia,

00:40:26you are not

00:40:27unsympathetic

00:40:28towards them.

00:40:29Look, sir,

00:40:29if I have any

00:40:30hatred in me,

00:40:31it's for that

00:40:32cheap-haired,

00:40:33racialist judge

00:40:33in the family division

00:40:34and his pompous...

00:40:35Komuni,

00:40:36I must warn you

00:40:37in your own interest

00:40:38that the remarks

00:40:39of that nature

00:40:40are not likely

00:40:41to help

00:40:42your case

00:40:42with the jury.

00:40:43Pardon me,

00:40:44your washer.

00:40:46Very well,

00:40:46Mr. Lotterbeard.

00:40:48Mr. Komuni,

00:40:49if I may echo

00:40:49my learned friend

00:40:50for a moment,

00:40:51I fancy the jury

00:40:52might find

00:40:53that outburst

00:40:53of yours revealing.

00:40:55A sheephead,

00:40:56racialist judge.

00:40:58Toys of phrase

00:40:59one might expect

00:41:00from a political activist.

00:41:02Sort of,

00:41:02uh,

00:41:03sloganized jargon

00:41:04when one encounters

00:41:04at protest demos

00:41:06outside South Africa house.

00:41:08Do you love Letitia?

00:41:11She's my daughter.

00:41:12In the original custody hearing,

00:41:14did you not say

00:41:15of losing her?

00:41:16For myself,

00:41:17I would not worry.

00:41:18A man can live

00:41:19without his children,

00:41:20well,

00:41:21without his daughters.

00:41:23Did you say that?

00:41:24Maybe.

00:41:25And this is how a father

00:41:26should love his daughter?

00:41:27Look,

00:41:27I do love her.

00:41:29Really?

00:41:30Well,

00:41:30I put it to you, sir,

00:41:31that from the outset

00:41:32you have seen

00:41:32the loss of your child,

00:41:33not as an issue of love,

00:41:35but as a quasi-political cause.

00:41:37As an ideal opportunity

00:41:38of winning publicity

00:41:40for the cause

00:41:41of racial discrimination.

00:41:43My lord!

00:41:44These are serious allegations,

00:41:46Mr Lotterby.

00:41:46Can you justify them?

00:41:48And,

00:41:48uh,

00:41:49aren't they side issues anyway?

00:41:51I'd be obliged, my lord,

00:41:52if you'd allow me

00:41:52to continue

00:41:53for a little longer.

00:41:55Eh, well,

00:41:56if you think

00:41:56it will help you.

00:41:58Well,

00:41:59do you deny

00:42:00your involvement

00:42:01in politics,

00:42:02Mr Camuni?

00:42:02In particular

00:42:03with regard

00:42:04to civil rights?

00:42:05No collared man

00:42:06can live in this country

00:42:07without getting

00:42:08to care about that.

00:42:09About civil rights.

00:42:11Oh, I'm sure.

00:42:11But caring is one thing,

00:42:12involvement quite another.

00:42:14Are you involved,

00:42:15Mr Camuni?

00:42:16Do you join

00:42:17in protest demonstrations?

00:42:18Would you partake

00:42:19in a campaign

00:42:19of harassment

00:42:20aimed at winning publicity

00:42:22for the case

00:42:22of racial victimization?

00:42:24Now, look, I...

00:42:24A case, for instance,

00:42:25where a white couple

00:42:26is trying to take,

00:42:27a black couple's child.

00:42:28Look,

00:42:28like I just said,

00:42:29with the appeal coming up,

00:42:31we were keeping out of it.

00:42:33You also said

00:42:34just earlier

00:42:35you're about to begin

00:42:36a career in East Africa.

00:42:38A career in what?

00:42:40Administration.

00:42:41You hope to become

00:42:41a civil servant,

00:42:42is that it?

00:42:43Maybe.

00:42:45And what's the subject

00:42:45you finally managed

00:42:47to graduate in

00:42:48from college?

00:42:49Political science.

00:42:50Hmm.

00:42:50Well, surely

00:42:52in a developing country

00:42:52like Kenya,

00:42:53a career in politics

00:42:54would be far more

00:42:55logical for you.

00:42:56That could be.

00:42:57I'm sure it would be.

00:42:59Before coming to London,

00:43:00isn't it true

00:43:01you were active

00:43:01in the Youth League

00:43:02of the National,

00:43:03the Kenya African

00:43:04National Union?

00:43:05Yes.

00:43:06Yes.

00:43:08Now then,

00:43:09you have denied

00:43:09all knowledge

00:43:10of this campaign

00:43:11of persecution.

00:43:12Instead,

00:43:12you've suggested

00:43:13that an organization

00:43:14of colored people

00:43:15in this country

00:43:16sympathetic to your cause

00:43:17could have been responsible.

00:43:19That's right.

00:43:19Have you ever heard

00:43:21of a London-based organization

00:43:22known as

00:43:23the East African

00:43:24People's Association?

00:43:26Yes.

00:43:27Is this the sort

00:43:28of organization

00:43:28you had in mind?

00:43:29How's that?

00:43:30As being behind

00:43:31the campaign

00:43:32of persecution.

00:43:34They don't operate

00:43:35that way.

00:43:36The EAPA

00:43:36are right out

00:43:37in the open.

00:43:38Ah, yes.

00:43:38Well, you should know.

00:43:39You have yourself

00:43:40been associated with it

00:43:41for a number of years,

00:43:42have you not?

00:43:42Look, sir.

00:43:43I am from East Africa.

00:43:45There's nothing that says

00:43:46we mustn't get together

00:43:47to help ourselves.

00:43:48Nothing at all.

00:43:49No, you have in fact

00:43:50played a most active part

00:43:51in that organization,

00:43:52notably in the area

00:43:53of demonstrations.

00:43:55I've joined

00:43:55the odd protest.

00:43:56The odd protest?

00:43:58Well, Mr. Kamuni,

00:43:58surely you've taken part

00:43:59in organizing

00:44:00a very large number

00:44:01of protest demonstrations.

00:44:03Look, I've been a student, sir.

00:44:04Yes, in political science

00:44:06in over a period

00:44:06of ten years.

00:44:09Do you deny

00:44:10that as a student

00:44:10of politics here,

00:44:11certain actions

00:44:13were vital

00:44:13to your future career

00:44:14in Kenya?

00:44:15Such as?

00:44:15Well, you had to become

00:44:16involved in civil rights.

00:44:18Look, like I just said...

00:44:19You had to partake

00:44:20in these protest demonstrations.

00:44:22A few of them.

00:44:22You had to organize

00:44:23an active part

00:44:25in organizing these protests,

00:44:26in stimulating fresh issues,

00:44:28in squeezing the maximum

00:44:29amount of publicity

00:44:30out of cases

00:44:31such as your own

00:44:32where the English law

00:44:33appears to favor white

00:44:34rather than black

00:44:35by awarding a white couple

00:44:37custody of a black child.

00:44:38Now, look here.

00:44:39If you're going to

00:44:40damn twist me

00:44:40like a snake,

00:44:41just listen to this

00:44:42Mr. Lawyer.

00:44:43We've sat through

00:44:44a lot of this.

00:44:46Orders, injunctions,

00:44:48hearings, appeals,

00:44:49one call after another,

00:44:51being condemned

00:44:52by racialist judges,

00:44:53and having that woman

00:44:54there call us barbarous.

00:44:56Well, I want Letitia

00:44:57back in Kenya.

00:44:58And you want to know why?

00:45:00Because to me,

00:45:01this country has

00:45:02nothing for her.

00:45:03Nothing.

00:45:03You call it civilized,

00:45:05I call it crazy.

00:45:07Grasping and permissive

00:45:08and rotten with hypocrisy.

00:45:10Rotten and on the way out.

00:45:12Okay, so Kenya

00:45:13may not be

00:45:14the rich welfare state

00:45:15like you.

00:45:16Sure, we shut off

00:45:17schools and hospitals

00:45:18and industry.

00:45:19But what we have there

00:45:21is a sense of family,

00:45:23a sense of community.

00:45:25You think you uplifted us

00:45:26with your Western culture.

00:45:28But the truth is,

00:45:28we took in

00:45:29what we wanted of it.

00:45:31And now we have

00:45:32the best of your culture

00:45:33and the best of ours

00:45:34reconciled in us.

00:45:35That's what I want

00:45:36for my daughter.

00:45:37And believe me,

00:45:38man,

00:45:38I'm going to fight for it.

00:45:39Fight every one of you

00:45:40all the way.

00:45:43Well, I wonder

00:45:44if you've chosen

00:45:44the right weapons,

00:45:46Mr. Komuni.

00:45:47No further questions,

00:45:48thank you.

00:45:51No re-examination,

00:45:52your lord.

00:45:53You may go back

00:45:54to the dock,

00:45:55Mr. Komuni.

00:46:00My lord,

00:46:01and with your permission,

00:46:02I will delay calling

00:46:02Mrs. Komuni

00:46:03until after we have heard

00:46:04from the witness,

00:46:05Cheki Mwangi.

00:46:07Mr. Lottabere.

00:46:08My lord.

00:46:09Very well.

00:46:13J.K. Mwangi,

00:46:14please.

00:46:18Mr. Mwangi,

00:46:19were you present

00:46:20as a passenger

00:46:21in the back

00:46:22of the accused car

00:46:23on the 13th of April last?

00:46:25Yes, I was.

00:46:27And would you be so kind

00:46:28as to describe for us

00:46:28the events

00:46:29which took place

00:46:30on that day?

00:46:30See, we caught up

00:46:32with him

00:46:33in this car park

00:46:33and he rolled

00:46:35in what was

00:46:35most transparently

00:46:36a drunken manner

00:46:38into Mr. Komuni's way.

00:46:39Did Mr. Komuni

00:46:40sound his horn

00:46:41to warn of his approach?

00:46:43A good blast, yes.

00:46:44Anyone would have heard

00:46:45but he just rolled on.

00:46:48And then?

00:46:49Well, I thought,

00:46:50that's it.

00:46:52Here we have

00:46:52a dead man.

00:46:54But no.

00:46:55Mr. Komuni

00:46:55pulled over the wheel,

00:46:56we swung round

00:46:58and somehow

00:46:59we missed him.

00:47:01Except for the

00:47:02forward passenger door

00:47:04which flew open.

00:47:05How?

00:47:06I don't know.

00:47:07That man owes

00:47:09his drunken life

00:47:10to Mr. Komuni.

00:47:11If he had a grain

00:47:12of decency in his body

00:47:13you'd give a reward.

00:47:14Not all this.

00:47:16Quite, sir.

00:47:17And then what happened?

00:47:18Well, Mr. and Mrs. Komuni

00:47:20jumped out.

00:47:21They ran to him.

00:47:22They wanted to help.

00:47:23But he just kept

00:47:24shouting insults at them.

00:47:26Wild, you know.

00:47:27Well, I could see

00:47:28he was acting

00:47:28like a wild animal.

00:47:30So I said to Mr. Komuni,

00:47:31look, leave him.

00:47:33The fault was his.

00:47:34He wants no help

00:47:35from us.

00:47:35Leave him.

00:47:36At last, Mr. Komuni

00:47:37says, okay,

00:47:38and we leave.

00:47:40Hmm, thank you.

00:47:41Now, this is

00:47:43very important.

00:47:45How would you

00:47:46describe the Komuni's

00:47:47attitude towards

00:47:48Mr. William Hathaway

00:47:50before the incident?

00:47:52See,

00:47:53they were just

00:47:54confused.

00:47:56They said to me,

00:47:57look,

00:47:58here is this man,

00:48:00once been our friend,

00:48:01the second father

00:48:03to our child.

00:48:04Why he's now

00:48:05turning the law

00:48:06on to us?

00:48:07They just wanted

00:48:08a chat.

00:48:09That is all.

00:48:10One last thing.

00:48:11How long have you

00:48:12known Mr. and Mrs. Komuni?

00:48:14Eight,

00:48:15nine years.

00:48:16And would you

00:48:16describe them as fiery

00:48:17or aggressive

00:48:19in temperament?

00:48:20Aggressive?

00:48:20Look, I tell you,

00:48:23Mr. Komuni and me,

00:48:24we are like brothers.

00:48:26No man is of

00:48:27a sweeter nature.

00:48:29That man,

00:48:29he's too sweet.

00:48:31I said to him

00:48:32sometimes,

00:48:32look,

00:48:33you going in

00:48:34for a politician,

00:48:35you gotta be

00:48:35more hard,

00:48:36more ruthless.

00:48:37There is no place

00:48:38for the virgins

00:48:39in the politics.

00:48:40Hmm.

00:48:40And Mrs. Komuni?

00:48:42Oh, well,

00:48:43she is a good woman,

00:48:44you know,

00:48:45a good wife.

00:48:47Never any trouble.

00:49:09The case of the Queen

00:49:10against Komuni and Komuni

00:49:12will be resumed tomorrow

00:49:13in the Crown Court.

00:49:14Mr. and Mrs. Komuni

00:49:16are charged with dangerous driving

00:49:43and attempting to cause

00:49:44grievous bodily harm

00:49:45last April,

00:49:46three weeks after

00:49:47the High Court

00:49:48granted legal custody

00:49:49of their little daughter

00:49:50to Mr. and Mrs. Hathaway.

00:49:52Mr. Hathaway was

00:49:53knocked down

00:49:53by Mr. Komuni's car.

00:49:55The Hathaways claim

00:49:56that this was

00:49:57a deliberate assault,

00:49:58climaxing weeks

00:49:59of persecution

00:49:59by the Komunis

00:50:00who want their daughter back.

00:50:02The Komunis deny

00:50:03being involved

00:50:04in any such persecution

00:50:05and claim that Hathaway

00:50:06was knocked down

00:50:07by accident.

00:50:08Mr. Lotterby

00:50:09for the prosecution

00:50:10is cross-examining

00:50:11Mr. Mwangi,

00:50:12who was a passenger

00:50:13in the back of the car.

00:50:14Well, I suggest to you,

00:50:15Mr. Mwangi,

00:50:16the accused were in

00:50:17an excessively hostile

00:50:18frame of mind

00:50:19towards Mr. Hathaway.

00:50:20They intended to come

00:50:21to Folchester

00:50:21to do him an injury

00:50:22and they persuaded you

00:50:24to come along

00:50:24as an independent witness

00:50:25in the event

00:50:26of any comeback.

00:50:28No.

00:50:29Look,

00:50:29I told you I'm his friend

00:50:31that that is why

00:50:32I was there.

00:50:33A very valuable friend

00:50:34under the circumstances.

00:50:36In fact,

00:50:36you say you were

00:50:37like brothers,

00:50:38correct?

00:50:39That's correct.

00:50:40May we take it

00:50:41you chose that phrase

00:50:42because you are

00:50:43fellow members

00:50:43of the East African

00:50:44Peoples Association?

00:50:46Please.

00:50:47Well, is it true

00:50:48that the members

00:50:48refer to each other

00:50:49as brothers?

00:50:50Maybe.

00:50:52Maybe?

00:50:53Oh, Mr. Mwangi,

00:50:54you're surely not going

00:50:54to try and conceal

00:50:55your involvement

00:50:56with this organisation?

00:50:58You've been his treasurer

00:50:58for five years.

00:51:00So what?

00:51:01Well, it's been suggested

00:51:03that an association

00:51:04of coloured people

00:51:05must have been responsible

00:51:06for the campaign

00:51:08of persecution

00:51:08conducted against

00:51:09the Hathaways.

00:51:10You aren't tying us

00:51:11in with that.

00:51:12It was probably

00:51:13some nutcase.

00:51:14You can't pin that

00:51:15on us.

00:51:16Quite so.

00:51:17But you surely

00:51:18wouldn't deny

00:51:18that this association

00:51:20is sympathetic

00:51:22towards the communis

00:51:23over the loss

00:51:24of their child?

00:51:25Sure.

00:51:26Mr. Khamuni has told us

00:51:27that every black parent

00:51:28in the land

00:51:29was shocked

00:51:30at the verdict.

00:51:31Not only here, man.

00:51:33African peoples

00:51:34all over.

00:51:34in Kenya,

00:51:36Zambia,

00:51:37Nigeria,

00:51:38everywhere.

00:51:39They're asking themselves

00:51:40how can we continue

00:51:41to be Commonwealth partners

00:51:42with the UK?

00:51:43A country riddled

00:51:44with such hypocrisy.

00:51:46A country calling

00:51:47itself civilised

00:51:48yet permitting

00:51:48this racist victimisation

00:51:50of African expatriates.

00:51:52Mr. Mwangi,

00:51:54I will not have

00:51:55this court exploited

00:51:56as a forum

00:51:57for political protest.

00:51:59Do you understand?

00:52:00Yes, sir.

00:52:02And you,

00:52:02Mr. Latterby,

00:52:03if as I suspect

00:52:04it was your intention

00:52:05to provoke the witness,

00:52:07please desist.

00:52:09My lord.

00:52:11No further questions?

00:52:14Very well.

00:52:14You may leave

00:52:15the witness box.

00:52:18For my last witness,

00:52:19I call the accused

00:52:20Mrs. Marika Khamuni.

00:52:22What is your religion?

00:52:38Church of East African

00:52:39Presbyterians, sir.

00:52:41Take the book

00:52:41in your right hand

00:52:42and read aloud

00:52:43the words on the card.

00:52:45I swear by almighty God

00:52:47that the evidence

00:52:48I shall give

00:52:48shall be the truth,

00:52:49the whole truth

00:52:50and nothing but the truth.

00:52:53Amen.

00:52:55You are Mrs. Marika Khamuni

00:52:57of Flat D,

00:52:58185 Knox Road,

00:53:00London West 12?

00:53:02I am.

00:53:02And you work

00:53:03at Lukin's Supermarket

00:53:04in Holland Park

00:53:05where you have been employed

00:53:06for the last eight years?

00:53:08Yes, sir.

00:53:09My lord,

00:53:10I wish to put in

00:53:11as Exhibit 8

00:53:12evidence,

00:53:13a statement

00:53:14by the manager

00:53:14of Lukin's Supermarket

00:53:16in which he testifies

00:53:17to the excellent character

00:53:18and record of honesty

00:53:19of the accused.

00:53:21You admit this

00:53:22as evidence,

00:53:23Mr. Lotterby?

00:53:23I do, my lord.

00:53:25And perhaps you would like

00:53:26to tell the court

00:53:27what your profession was

00:53:29before you left Kenya?

00:53:31I was a school teacher

00:53:32in K. Boise

00:53:33up to Standard 4.

00:53:35Now, earlier,

00:53:37you heard your husband

00:53:37tell the court

00:53:38the details

00:53:38of how you came

00:53:39to be in Fulchester

00:53:40on the 13th of April last,

00:53:42how you followed

00:53:43William Hathaway

00:53:43to the car park

00:53:44and how you came

00:53:45to be knocked down there.

00:53:47Do you agree

00:53:48with his descriptions

00:53:49of these events?

00:53:50He has said it.

00:53:52Hmm.

00:53:53You also heard

00:53:54Hathaway state

00:53:55that you flung

00:53:57the car's passenger

00:53:58door open

00:53:59with the deliberate

00:53:59intention of injuring him.

00:54:02What do you say to that?

00:54:03It is mistaken, sir.

00:54:05You did not fling it open?

00:54:07I do not think so.

00:54:09Nevertheless,

00:54:10it did swing open.

00:54:11Can you explain how?

00:54:13No, sir.

00:54:14Well,

00:54:15the car was being

00:54:16swerved violently

00:54:17to the right,

00:54:18so the left-hand door

00:54:20would have had,

00:54:20so to speak,

00:54:21wanted to fly open.

00:54:24A bit of turning motion

00:54:26of the car,

00:54:27a rather delapidated

00:54:28old car

00:54:29with defective

00:54:30door catches

00:54:31would have left to...

00:54:32This leading

00:54:33of the witness.

00:54:34Mrs. Komuni,

00:54:34did you, in fact,

00:54:36operate the handle

00:54:37of the passenger door?

00:54:39I do not know.

00:54:40See,

00:54:41I had hold

00:54:42of the handle

00:54:42ready to get out.

00:54:44Yes.

00:54:44So, maybe with a turning motion

00:54:46of the car,

00:54:46you would have had...

00:54:47Mr. Hervor Brown,

00:54:47the witness seems

00:54:48perfectly capable

00:54:49of speaking for herself.

00:54:50It could have been like that.

00:54:53I do not know for sure.

00:54:54See,

00:54:55it was all very quick, sir.

00:54:57You had hold

00:54:58of the handle

00:54:58of the door

00:54:59and the next thing you knew,

00:55:01it was swinging open.

00:55:02Is that it?

00:55:03Yes, sir.

00:55:04A moment.

00:55:06Very well,

00:55:07Mr. Hervor Brown.

00:55:08Mrs. Komuni,

00:55:10you're also charged

00:55:11with aiding

00:55:12and abetting

00:55:13your husband

00:55:13and his alleged

00:55:14dangerous driving.

00:55:16Now,

00:55:16what have you to say to that?

00:55:17I do not understand it.

00:55:19Why?

00:55:21Because he was not

00:55:22driving indiannously

00:55:23at the time?

00:55:25I do not know.

00:55:27Madam,

00:55:27you were in the car.

00:55:29Sir,

00:55:30I do not drive a car.

00:55:32How would I judge him on that?

00:55:33But were you encouraging him

00:55:35to try and run

00:55:36Mr. Hathaway down?

00:55:37No,

00:55:37of course not.

00:55:40Now then,

00:55:41I would like to ask you

00:55:43some questions

00:55:43about your daughter.

00:55:45Isn't it true

00:55:46that you and your husband

00:55:47held rather different views

00:55:49about fostering Letitia?

00:55:51That is not for me

00:55:52to say, sir.

00:55:54But in the high court,

00:55:55your husband has said,

00:55:56a man can live

00:55:58without his children.

00:56:00Well,

00:56:00without his daughter.

00:56:02He then went on to add,

00:56:04but a mother.

00:56:05For her,

00:56:06the loss is

00:56:07as though

00:56:08she had lost a limb.

00:56:10Correct?

00:56:11Yes, sir.

00:56:11And would you agree?

00:56:15It is obvious.

00:56:16I bore Letitia.

00:56:19She is my flesh.

00:56:21I love her as myself,

00:56:23but with the love

00:56:23of any mother.

00:56:25And you were unhappy

00:56:26about having to foster her out

00:56:28to someone

00:56:28like the Hathaways.

00:56:30I had to work

00:56:32for money.

00:56:34There was no other way.

00:56:36In Kenya,

00:56:36my father would have

00:56:37taken her into his house,

00:56:39but here that could not be.

00:56:42Isn't it true

00:56:43that when the Hathaways

00:56:44moved away from London,

00:56:45you wanted to foster

00:56:46Letitia out

00:56:47to someone

00:56:48nearer to you

00:56:49so that she could

00:56:50remain close to you?

00:56:52That was in my heart.

00:56:53Speak up, please.

00:56:54Yes.

00:56:56But your husband objected.

00:56:58It was for him.

00:56:59He is the man.

00:57:00So, indeed,

00:57:01you have had

00:57:02disagreements

00:57:03over Letitia's fate.

00:57:04No, sir.

00:57:06Sir, he was right.

00:57:08Mr. and Mrs. Hathaway

00:57:09made a good home for her.

00:57:12They cared for her

00:57:13as though

00:57:14as though she was

00:57:15their daughter.

00:57:17So you were content

00:57:18to leave her with them?

00:57:20Where else

00:57:21would I have put her?

00:57:23I was foolish.

00:57:25Where we live,

00:57:26there is no one

00:57:26good like them

00:57:27to take her.

00:57:28Only poor people

00:57:29wanting the money.

00:57:31Only the twilight homes.

00:57:33My husband was right.

00:57:34The what home?

00:57:35Twilight homes,

00:57:37my lord.

00:57:38The local term

00:57:39for illegal foster parents.

00:57:41Illegal.

00:57:42The result of

00:57:43supplying the man, sir.

00:57:45There is a lamentable

00:57:46shortage of both

00:57:47registered foster parents

00:57:49and their nursery facilities.

00:57:52I understand

00:57:52that thousands

00:57:53of hard-working mothers

00:57:54like Mrs. Camuni

00:57:55have no alternative

00:57:56but to farm out

00:57:57their infants,

00:57:58so to speak,

00:57:58in the quiet,

00:57:59to these wretched places

00:58:01which may make

00:58:02a disproportionate profit.

00:58:03And you say

00:58:03this would have been

00:58:04the only alternative

00:58:06for Letitia.

00:58:07Yes, sir.

00:58:08One final point,

00:58:09Marika.

00:58:11We heard Mrs. Halfway

00:58:12state that you

00:58:13contributed nothing

00:58:14towards Letitia's upkeep.

00:58:17Is that true?

00:58:18I offered,

00:58:19but she refused.

00:58:20So you have paid

00:58:21no money?

00:58:22Not to them.

00:58:24Nevertheless,

00:58:24is that not true

00:58:25you have paid

00:58:26a regular contribution

00:58:27of two pounds a week

00:58:28into a post office

00:58:30savings account

00:58:30for your daughter?

00:58:31Yes, for Letitia,

00:58:33not them.

00:58:52Mrs. Camuni,

00:58:54where were you born?

00:58:56In Nachindi.

00:58:57It is a village

00:58:58in the district

00:58:58of Kebueze.

00:59:00Your father's a chief,

00:59:01isn't he?

00:59:02No, sir.

00:59:02My father is

00:59:03a headman of Nachindi.

00:59:05A sort of sub-chief,

00:59:06then.

00:59:07What tribe?

00:59:08The Makuyu.

00:59:09Is your husband

00:59:10also of this tribe?

00:59:12My husband

00:59:12was born in Nairobi,

00:59:14sir,

00:59:14but his father

00:59:15is of the Makuyu.

00:59:17Your tribe observes

00:59:18many customs

00:59:18that we in this country

00:59:19would find strange.

00:59:21For instance,

00:59:21do you not practice

00:59:22clitoridectomy

00:59:23and polygamy?

00:59:26Clitor.

00:59:26Female circumcision?

00:59:29No,

00:59:29not in my family.

00:59:31And polygamy?

00:59:32The practice of

00:59:33a man taking

00:59:34more than one wife?

00:59:35Sir,

00:59:36my husband and me,

00:59:37we are both

00:59:38Presbyterian,

00:59:39as you have in Scotland.

00:59:41We know

00:59:42there can be

00:59:42only one wife.

00:59:44And the beliefs

00:59:45relating to continuity.

00:59:47Now,

00:59:47isn't it true

00:59:47the Makuyu believe

00:59:48the sacred tribal soul

00:59:50lives on through

00:59:52the children

00:59:52of each generation?

00:59:53That is so.

00:59:54My lord,

00:59:56this may all be

00:59:57of profound interest

00:59:58to an anthropologist,

00:59:59but I fail to see

01:00:00its relevance

01:00:00in this case.

01:00:02Mr. Lotterby?

01:00:03My lord,

01:00:03Mrs. Camuni

01:00:04is accused

01:00:05of a serious crime

01:00:06of violence.

01:00:07Now,

01:00:07I submit

01:00:07that we need

01:00:08fully to understand

01:00:09her attitudes,

01:00:10and to do this

01:00:11we need to know

01:00:12something of her

01:00:12cultural background.

01:00:13Sir?

01:00:14Yes,

01:00:15Mrs. Camuni?

01:00:15I'm not ashamed

01:00:16of these things.

01:00:18I would like them understood.

01:00:20Very well then,

01:00:20Mr. Lotterby,

01:00:21but I would remind you

01:00:22that time is getting on

01:00:23and I should like

01:00:24to see this case

01:00:25concluded today.

01:00:27All right.

01:00:28So,

01:00:28Mrs. Camuni,

01:00:29because the child

01:00:30bears the tribal soul,

01:00:31this is presumably

01:00:32why you are so desperate

01:00:33to retrieve custody

01:00:34of Letitia.

01:00:36Sir,

01:00:36I have said

01:00:37I want Letitia

01:00:39because I love her

01:00:40as the child of my flesh.

01:00:41But also because

01:00:42of this tribal...

01:00:43No, sir.

01:00:44We believe it is only

01:00:45the sons who carry

01:00:46the soul of the Makuyu.

01:00:48Letitia is a daughter.

01:00:49She is not blessed.

01:00:54Then there's the fact

01:00:55that in the tribe

01:00:56you still have

01:00:57the extended family system.

01:01:00You said earlier

01:01:00that had you been in Kenya

01:01:02your baby would have been

01:01:02brought up by your parents

01:01:04and presumably

01:01:04your other relatives

01:01:05in the Chindi.

01:01:06That is so.

01:01:08And when we are ready

01:01:09as now,

01:01:10she would have come to us

01:01:12without dispute.

01:01:13Yes.

01:01:14Yes,

01:01:15the whole concept

01:01:16of fostering

01:01:16as we know it here

01:01:17is completely alien to you,

01:01:19isn't it?

01:01:20A product of western culture

01:01:21where we have

01:01:22what is known

01:01:22as the nuclear family system.

01:01:24The small family.

01:01:26It is very sad.

01:01:28Yes, I'm sure.

01:01:29Particularly for someone

01:01:30like yourself

01:01:31who will not wholly understand

01:01:32when one of our courts

01:01:33rules against your right

01:01:34to have your own child.

01:01:35Sir,

01:01:36I understand.

01:01:38In ten years here

01:01:39it is long enough

01:01:40for me to know your ways.

01:01:42Well,

01:01:43in that case,

01:01:43Mrs. Camoni,

01:01:44I confess to being puzzled

01:01:45at the hatred

01:01:47and resentment

01:01:47you've shown

01:01:48towards the Hathaways.

01:01:51I do not hate

01:01:52Mr. and Mrs. Hathaway.

01:01:54You don't?

01:01:55No, sir.

01:01:57There are people

01:01:57who do what they believe

01:01:58to be right for Letitia.

01:02:01Well,

01:02:01if you don't hate them,

01:02:02how is it

01:02:02that you cursed them

01:02:04at the end

01:02:04of the custody hearing?

01:02:06Sir,

01:02:06you say that.

01:02:07I do not.

01:02:08What do you say, then?

01:02:09What is your version?

01:02:11What I said to them

01:02:12in the court

01:02:13was a warning

01:02:14that they must now

01:02:16be cursed

01:02:16for taking Letitia

01:02:17from her people.

01:02:18But not cursed by you?

01:02:20No, sir.

01:02:21By whom, then?

01:02:22By the ancestor

01:02:23spirits of Makuyu, sir.

01:02:26I see.

01:02:28And was this

01:02:29ancestral curse

01:02:30related to what you said

01:02:32to Mr. Hathaway

01:02:32after the assault

01:02:33when you told him

01:02:34he would die?

01:02:35My lord,

01:02:35the witness

01:02:36has not admitted

01:02:37to saying that.

01:02:38Nor has she denied it.

01:02:40Did you say it?

01:02:42I do not know for sure.

01:02:45Perhaps.

01:02:46What do you suppose

01:02:47you might have meant by it?

01:02:49Sir,

01:02:50you must understand.

01:02:51The curse of the spirits

01:02:52is complete.

01:02:54No man can escape.

01:02:56No man and no woman.

01:02:57So this was another

01:02:58of your friendly warnings,

01:03:00was it?

01:03:01Not friendly, sir.

01:03:03I am much certain

01:03:04for these people

01:03:05and for my daughter also.

01:03:07Well, she's cursed as well.

01:03:11She has taken their ways.

01:03:13She says she loves them.

01:03:16When they now suffer,

01:03:17she too will suffer.

01:03:20Well, I'm sure,

01:03:21I'm sure your show of concern,

01:03:23your sadness

01:03:24is all very touching,

01:03:26but it hardly explains

01:03:27your action

01:03:28in flinging open

01:03:29the car door

01:03:29so that it struck Mr. Hathaway

01:03:31with such violence

01:03:32that he broke his arm

01:03:33and was thrown to the ground.

01:03:35No, sir.

01:03:36No what?

01:03:37No, you didn't fling it open?

01:03:39What I mean, sir,

01:03:40it does not explain it.

01:03:42And you can?

01:03:43No, sir.

01:03:45You admit doing it,

01:03:46flinging it open?

01:03:48Sir,

01:03:48it is true

01:03:49what you have written down.

01:03:51I, um,

01:03:52I had hold of the handle

01:03:54and the next thing I knew

01:03:56the door was swinging open.

01:03:57You don't wish to change that?

01:04:00No.

01:04:00Or add to it, perhaps?

01:04:03Sir,

01:04:04the door swung hard.

01:04:05It must have.

01:04:07Many times I have asked myself,

01:04:09did I push it?

01:04:10Did I throw it open?

01:04:12Can I be sure?

01:04:13And have you found

01:04:14no sure answer?

01:04:16Because if not,

01:04:17then this statement

01:04:18may stand as it is.

01:04:21You see,

01:04:21it was the will of the spirits

01:04:23that Mr. Hathaway was struck.

01:04:26I see.

01:04:27And you think,

01:04:28now be sure to correct me

01:04:30if I misunderstand you here,

01:04:32you think that,

01:04:33so to speak,

01:04:34those spirits might be acting

01:04:36through you.

01:04:37This could be.

01:04:39That you might be

01:04:39the instrument

01:04:40of your ancestral spirits,

01:04:42the unconscious instrument.

01:04:45Sir,

01:04:48far be it from me

01:04:49to accuse your lordship

01:04:50of prejudicial leading,

01:04:51but this...

01:04:52On the contrary,

01:04:52Mr. Havistock-Brown,

01:04:53as I see it,

01:04:54I am simply helping

01:04:55the witness

01:04:56to articulate

01:04:57a somewhat abstract

01:04:58explanation.

01:05:00A hard explanation,

01:05:01your lordship.

01:05:02A lot of mumbo-jumbo

01:05:03about an ancestral spirits.

01:05:03Maybe mumbo-jumbo to you,

01:05:05Mr. Havistock-Brown,

01:05:06but since the witness

01:05:07may believe it,

01:05:07I fail to see your objection.

01:05:10If she is genuinely sincere,

01:05:12then this evidence

01:05:13can only be beneficial

01:05:15to her case.

01:05:17As your lordship pleases.

01:05:18So, Mrs. Kimoni,

01:05:21if I may just clarify this,

01:05:23you agree that Mr. Hathaway

01:05:25may be correct

01:05:26in his evidence,

01:05:27that you, uh,

01:05:28you may,

01:05:29you admit there's a possibility

01:05:30you threw the door open,

01:05:32but that if so,

01:05:33it was an unconscious act

01:05:34in some way

01:05:35dictated by your

01:05:36ancestral spirits.

01:05:38That is so.

01:05:39I see.

01:05:41Now, while not for one moment

01:05:42wishing to impugn

01:05:43your sincerity,

01:05:44I must confess

01:05:45to being yet again puzzled.

01:05:48You see,

01:05:48on the one hand,

01:05:49you say you're a practicing

01:05:50Presbyterian,

01:05:51and yet on the other hand,

01:05:52you admit to practices

01:05:53which I for one

01:05:54can only interpret

01:05:55as pagan,

01:05:55and certainly contrary

01:05:57to the teachings

01:05:57of the Presbyterian church.

01:06:00Well, what do you

01:06:01have to say to that?

01:06:05Sir,

01:06:06at the mission,

01:06:07they tell us we sin

01:06:08if the husband

01:06:09takes more than one wife,

01:06:12and again we sin,

01:06:13if we practice

01:06:14their tribal initiation ceremonies.

01:06:17But they do not tell us

01:06:18we sin if we believe

01:06:19in the spirits

01:06:20of our ancestors,

01:06:21any more than

01:06:22in the Holy Ghost.

01:06:28Mrs. Kamuni,

01:06:29one last question.

01:06:30We've heard a lot

01:06:31of emotive talk

01:06:32about the tragedy

01:06:33of your losing your child

01:06:34to the Hathaways.

01:06:35Have you any other children?

01:06:37I have only one,

01:06:38Letitia,

01:06:38one daughter,

01:06:39the firstborn of my flesh.

01:06:40But do you have

01:06:41any other children?

01:06:41Yes,

01:06:43I have also two sons.

01:06:45You have two other children.

01:06:47Thank you,

01:06:47Mrs. Kamuni.

01:06:48Mrs. Kamuni,

01:06:49in view of the problems

01:06:50that you've encountered

01:06:51over your daughter,

01:06:52was it not

01:06:52a shade improvident

01:06:54to continue having children?

01:06:57Sir,

01:06:58you should understand.

01:07:00To African people,

01:07:01it is everything

01:07:02to have born a son.

01:07:04As you implied before,

01:07:05the tribal soul.

01:07:07Yes, sir.

01:07:07But nevertheless,

01:07:08would it not have been

01:07:09wiser perhaps

01:07:10to have waited

01:07:11until your husband

01:07:12had concluded his studies?

01:07:14Yes,

01:07:14we did wait

01:07:15for five years

01:07:17until we were hoping

01:07:19that soon

01:07:19Mr. Kamuni must graduate

01:07:21and we shall return home.

01:07:23And the five years

01:07:24proved to be

01:07:25a shade optimistic.

01:07:26Yes, sir.

01:07:28And when the new baby

01:07:29was born,

01:07:31he was twins.

01:07:32My word,

01:07:35just to compound

01:07:36the problem.

01:07:37Yes, sir.

01:07:39Mr. Haberstock, Brown.

01:07:41Mrs. Kamuni,

01:07:42you mentioned earlier

01:07:44about the twilight homes.

01:07:46Would you care to tell us

01:07:47how it is you know

01:07:47of these wretched places?

01:07:50I know as any

01:07:51coloured parent knows.

01:07:52And have you

01:07:53first-hand experiences

01:07:54of them?

01:07:55Yes.

01:07:57My two sons

01:07:58have to stay

01:07:58in one of these places

01:08:00while I go to work.

01:08:01So it's either that

01:08:02or risk losing them too

01:08:04to someone

01:08:04like the Hathaways.

01:08:06That is the way

01:08:07we understand it, sir.

01:08:09Thank you, Marika.

01:08:10No further questions.

01:08:12You may return

01:08:13to your seat,

01:08:14Mrs. Kamuni,

01:08:14and thank you.

01:08:18That concludes

01:08:19the case for the defence,

01:08:21your lordship.

01:08:22Mr. Lotterbeer.

01:08:24My lord,

01:08:25members of the jury,

01:08:26we have heard

01:08:27terrible stories

01:08:28of the harassment

01:08:29of Mr. and Mrs. Hathaway.

01:08:31And we've heard

01:08:32clear evidence

01:08:33from Mrs. Hathaway

01:08:33and from Dr. Percival

01:08:35that Thuo Kamuni

01:08:36at least

01:08:36was very much

01:08:37party to this

01:08:38persecution.

01:08:40However,

01:08:40the Kamunis

01:08:41are not charged

01:08:42with persecution

01:08:42but with dangerous

01:08:43driving

01:08:44and attempting

01:08:44to cause

01:08:45grievous bodily harm.

01:08:47Can there be

01:08:47any doubt

01:08:48in your minds,

01:08:49ladies and gentlemen,

01:08:49that filled

01:08:50with unreasonable hate

01:08:51towards the Hathaways

01:08:53for having robbed

01:08:54them of their child,

01:08:54they intended

01:08:56to cause

01:08:57William Hathaway

01:08:58serious injury,

01:09:00which they did,

01:09:01breaking his arm.

01:09:03Now, the accused

01:09:04claimed that

01:09:04William Hathaway

01:09:05was drunk.

01:09:06This is clearly untrue

01:09:07as the doctor

01:09:07who examined him

01:09:08after the assault

01:09:09found no traces

01:09:10whatsoever

01:09:10of drunkenness.

01:09:13Now, Mrs. Kamuni

01:09:13has said that she

01:09:15did in fact

01:09:16open the passenger door,

01:09:17the door which

01:09:17caused the injury,

01:09:19and that she may have

01:09:20said to Mr. Hathaway

01:09:21when he was lying

01:09:21injured on the ground,

01:09:23you will die.

01:09:25But she said

01:09:25she was acting

01:09:26as the unconscious

01:09:27instrument

01:09:28of certain

01:09:28ancestral spirits.

01:09:31Now, do you believe

01:09:32this, members of the jury?

01:09:33It seems to me

01:09:34a most lame

01:09:35and fanciful excuse,

01:09:37and I ask you

01:09:38to find the accused

01:09:39guilty on all charges.

01:09:45Members of the jury,

01:09:47as you have heard,

01:09:49the Hathaways

01:09:49felt badly

01:09:50about depriving

01:09:51the Kamuni

01:09:51of their only daughter.

01:09:53They therefore

01:09:54attributed feelings

01:09:55of bitterness

01:09:55to them

01:09:56and assumed

01:09:57the Kamuni

01:09:57were behind

01:09:58the persecutions.

01:10:00As this persecution

01:10:01continued,

01:10:02it very naturally

01:10:03preyed on

01:10:04William Hathaway's mind.

01:10:06He was sickened

01:10:07by the black

01:10:08magic aspect of it.

01:10:10He was

01:10:11wracked

01:10:12with insomnia.

01:10:14So it's a small

01:10:15wonder that after

01:10:16a snack at the

01:10:17public house

01:10:17where he may well

01:10:18have sought to

01:10:19assuage his unhappy

01:10:20conscience

01:10:21with an excessive

01:10:22amount of drink.

01:10:24Smaller wonder

01:10:24that after that

01:10:25that he should

01:10:26mistake this accident

01:10:28as a deliberate assault,

01:10:31a human enough

01:10:31error of judgment,

01:10:33and one tool

01:10:33about which he clearly

01:10:34had doubts

01:10:35as is apparent

01:10:36from his protracted,

01:10:37delaying contact

01:10:37in the police

01:10:38after the incident.

01:10:42In fact,

01:10:44the Kamuni's,

01:10:45confused and alarmed

01:10:46by news of fresh

01:10:48legal proceedings

01:10:48against him,

01:10:50merely wanted to ask

01:10:51the Hathaway's

01:10:52what it was all about.

01:10:54And so they tried

01:10:55to catch up with him

01:10:56to ask him.

01:10:58Now, their appeal

01:10:59over Letitia's custody

01:11:00is due to be heard

01:11:01next month.

01:11:02The very last thing

01:11:05they are likely to do

01:11:05would be to embark

01:11:06on campaigns

01:11:08of persecution

01:11:09and actions

01:11:10of aggressive assault,

01:11:12which would destroy

01:11:13their chances

01:11:13in the appeal court.

01:11:16And it is your duty

01:11:18to acknowledge this fact

01:11:19and to find them

01:11:20not guilty.

01:11:21Now, members of the jury,

01:11:27the point of law

01:11:28upon which your verdict

01:11:29must hinge

01:11:30is one of intent.

01:11:33Now, first,

01:11:34to deal with the question

01:11:35of assault.

01:11:37You must ask yourselves

01:11:38whether the prosecution

01:11:39have shown beyond

01:11:40reasonable doubt

01:11:41that either Mr. or Mrs. Kamuni

01:11:44on the day

01:11:45of that driving incident

01:11:47were attempting

01:11:48to cause serious injury

01:11:50to Mr. Hathaway,

01:11:51if you think

01:11:53one of them was,

01:11:55then you must find

01:11:56him or her guilty.

01:11:58You can only

01:11:59convict the other

01:12:01if you are satisfied

01:12:02beyond reasonable doubt

01:12:04that he or she

01:12:06was actively encouraging

01:12:08such an attempt.

01:12:10Now, again,

01:12:11on the dangerous

01:12:13driving charge,

01:12:15are you satisfied

01:12:16beyond reasonable doubt

01:12:17that the incident happened

01:12:18as Mr. Hathaway described?

01:12:20and that

01:12:22that amounted

01:12:23to dangerous driving.

01:12:25If the answer

01:12:26to either of these

01:12:27questions is no,

01:12:29then you must find

01:12:30Mr. Kamuni

01:12:31not guilty.

01:12:32But

01:12:33if you find him

01:12:34guilty of this charge,

01:12:36you could not

01:12:37convict his wife

01:12:39unless you are sure

01:12:40that she was

01:12:41actively encouraging

01:12:43dangerous driving.

01:12:45Now,

01:12:46will you please

01:12:47retire

01:12:48to consider

01:12:49your verdict?

01:12:50All stand.

01:12:55Have you reached

01:12:56verdicts on which

01:12:57you're all agreed?

01:12:57Yes.

01:12:58Do you find the

01:12:59prisoner,

01:12:59Thuo Kamuni,

01:13:00guilty or not guilty

01:13:02of attempting

01:13:02to cause

01:13:03grievous bodily harm?

01:13:04Not guilty.

01:13:06And do you find

01:13:07him guilty

01:13:07or not guilty

01:13:08of dangerous driving?

01:13:09Not guilty.

01:13:10And do you find

01:13:12the prisoner,

01:13:12Marika Kamuni,

01:13:13guilty or not guilty

01:13:15of attempting

01:13:15to cause

01:13:16grievous bodily harm?

01:13:17Not guilty.

01:13:19Mr. and Mrs. Kamuni,

01:13:21you are free to go.

01:13:23All stand.

01:13:24Next week,

01:13:49our cameras return

01:13:50to watch another

01:13:50leading case

01:13:51in the Crown Court.

01:13:54new home

01:14:16.

01:14:18.

01:14:19.

01:14:21.

Crown Court - The Judgment of Solomon (1973)

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