- 4 days ago
Crown Court: the gripping courtroom drama from the 1970s and 1980s.
"A 21-year-old man has been blinded after an attacker flung acid into his face. Was the attack carried out by his own cousin following a family feud?" - IMDB
Charles Keating and William Mervyn star. Watch out for an appearance by Michael Cashman, who would later appear in Doctor Who and EastEnders.
"A 21-year-old man has been blinded after an attacker flung acid into his face. Was the attack carried out by his own cousin following a family feud?" - IMDB
Charles Keating and William Mervyn star. Watch out for an appearance by Michael Cashman, who would later appear in Doctor Who and EastEnders.
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TVTranscript
00:00:00The case starting today in Forchester Crown Court is the Queen vs. Collings, which might
00:00:13more aptly be called Collings vs. Collings, because a young man is charged with causing
00:00:18grievous bodily harm to his first cousin. It is alleged by the prosecution that the
00:00:23savage attack which took place was the culmination of a long-standing feud between the two sides
00:00:28of the family. The crime was committed in front of a house in the expensive residential area
00:00:33of Hayley, the home of Mr. Clifford Collings, a state agent and property developer. The
00:00:39man charged with the crime is Mr. Collings' nephew, Brian Collings, aged 21, a garage mechanic.
00:00:45The victim of the attack was Mr. Collings' son, Alan, and he is the witness who has just
00:00:50been called by the prosecution.
00:00:58The victim of the
00:01:25what is your religion church of England take the testament in the right hand and read aloud
00:01:42the words on this car I'm afraid I can't you cannot read then repeat after me please I swear
00:01:50by Almighty God I swear by Almighty God that the evidence I shall give the evidence I shall give
00:01:56shall be the truth the whole truth shall be the truth the whole truth and nothing but the truth
00:02:01and nothing but the truth thank you you're Alan Collings of Launceston House Haley yes how old are
00:02:09you 22 you're aware that some of the questions I shall have to ask may be difficult and painful
00:02:15ones for you to answer yes will you tell the jury why you are unable to read the card because I am
00:02:22blind in one eye and only have minimal vision in the other you're totally blind in one eye and in
00:02:26the other you have minimal vision meaning what exactly well I can just make out blurred shapes
00:02:33with one eye you can just make up blurred shapes and with the other nothing are you still undergoing
00:02:39medical treatment oh yes every day and what is the latest prognostication of your doctors they say
00:02:45it's um well it's unlikely now to get any better I see how did this affliction come about I was
00:02:55attacked in August 1972 do you remember the precise date and time it was the night of August 14th please
00:03:02tell the jury what happened to you that night I was just walking towards the front door of the house
00:03:06when I heard footsteps running up behind me I turned and saw a man coming he was running fast
00:03:13coming right at me he had something in his hand I thought it was a weapon and I put my hands up to
00:03:19shield my face and my head but at the same moment something hit my face something liquid it hit me
00:03:27right across the eyes and I felt a terrible burning like it was scalding hot water that had hit me I let
00:03:34out a yell a scream like I'd never made in my life before I heard the screech of tires in the street
00:03:41as a car pulled up footsteps the man's footsteps running away a voice from the house my father's
00:03:48voice shouting Alan is that you is that you Alan the next thing I remember I was in the ambulance
00:03:55and someone was gripping my wrist tight and saying don't touch your eyes you're going to be all right
00:04:04don't touch your eyes
00:04:06there's one thing you didn't mention didn't mention the appearance of your assailant
00:04:15yes he had a mask over his head and face what sort of mask stocking mask a nylon stocking mask
00:04:24yes I want you to concentrate on a very short period of time I'm talking about the period between the
00:04:30moment when you turned hearing the footsteps behind you and the moment the acid was thrown in your face
00:04:35my lord my learned friend is running ahead of himself it has not yet been established what the
00:04:39substance was that was flung in the witness's face yes I take your point Mr. Dealey but is it only an
00:04:44academic point whatever the substance was it had the effect of blinding Mr. Collins and that is not
00:04:50in dispute is it perhaps Mr. Elliot you would amend your question certainly my lord can you say how
00:04:56long elapsed between the moment when you turned and the moment the substance was thrown in your face
00:05:00a few seconds a few seconds a very crucial few seconds not only because they were the last moments in
00:05:08your life in which you had normal vision but also because they were the only moments in which you
00:05:13saw your assailant now what was the state of visibility visibility well it was a summer night
00:05:21about what time just after 11 was it dark not very what source of lighting was there was there
00:05:30moonlight I don't think so the sky was overcast it had been raining but the street lights were on and
00:05:37well also just outside our front door there's a porch light was that porch light on yes so that
00:05:44allowing for the fact that it was 11 o'clock at night visibility was good yes in those crucial few
00:05:51seconds after you turned and saw the man running towards you did you get a clear view of him yes
00:05:58can you say where he was running from he was running from a a clump of rhododendron bushes at
00:06:06the side of the drive are the rhododendron bushes tall enough and thick enough for a man to hide in
00:06:11yes did you see him come from the rhododendron bushes no but well there's nowhere else he could
00:06:16have been hiding otherwise I'd have seen him when I put the car in the garage now then as he ran toward
00:06:21you into the light you have so far told us two things you observed about your assailant one he wore a
00:06:26nylon stocking mask over his head and two he held something in his hand menacingly now did you
00:06:32observe anything else yes he was a young man about my size and build I can understand you're saying he
00:06:40was about your size and build but how do you know he was young by his movements by the way he ran yes
00:06:47did you notice anything else about his appearance his uh his clothing say oh only that he was wearing
00:06:55something dark black or dark blue you seem very certain as to what you did see and what you did
00:07:01not see yes you remember those few seconds vividly yes I do miss collings in spite of the fact that
00:07:10you saw his face through a nylon stocking did you recognize your assailant yes who was he my cousin
00:07:17Brian how did you recognize him by his movements by the way he ran you recognized his manner of running
00:07:24yes my lord I must question the repeated use of the word recognized by prosecuting counsel on what
00:07:31ground on the grounds my lord that the word recognize implies identifying someone beyond any
00:07:35doubt which seems impossible without seeing their face well I see your point Mr. Deedy but I'm not
00:07:39sure that I agree with it one can clearly recognize someone by their voice for example without seeing
00:07:46their face that is true my lord but I would submit with respect that whereas it might be rare for two
00:07:51people to have the same voice it must be quite common for one or more people to move or run in
00:07:56the same way hmm but I don't wish to get involved in a semantic discussion Mr. Deedy and I think it is a bad
00:08:02point thank you my lord but I don't mind putting the question another way was the man's manner of
00:08:08running familiar to you yes in what way he ran just like my cousin runs your cousin being the defendant
00:08:16Brian Collings yes do you feel unwell no I'm all right do you feel up to answering more questions
00:08:25yes do you have many more questions Mr. Elliot a few my lord perhaps you would like a few minutes
00:08:32adjournment oh no sir no your lord I'm all right very well now what was your relationship with the
00:08:41defendant we didn't get on you were not on friendly terms no never well we were when we
00:08:49were kids I mean we were at the same school together we got along fine then what happened
00:08:54to change this well my father and uncle George that's Brian's father had a bust up what sort of
00:09:01bust up in business they were in business together there was some sort of row and uncle George left the
00:09:07firm I see how long ago was this five years ago and that caused a rift between the two sides of
00:09:13the family yes since leaving school how often did you see your cousin hardly ever meaning what about
00:09:20once a year about that yes prior to the night the attack was made on you when was the last time you
00:09:26had seen him three days before three days before now would you please describe that occasion
00:09:33it was my parents wedding anniversary their silver wedding they gave quite a big party how big
00:09:39about 40 guests including all members of the family and your cousin came with his parents yes
00:09:45and was that the first time your aunt and uncle had seen your parents since this quarrel yes must
00:09:51have been a tense moment between your father and your uncle yes it was it was quite sticky at first
00:09:57they hardly spoke to each other for the first hour but well after a few drinks things warmed up a
00:10:03bit you and your cousin how did you get on very badly he was needling me all evening we ended up
00:10:12having a flaming row a real shouting match in front of everyone and he threatened me exactly what
00:10:21threat did he make he said you've got it coming to you Alan thank you
00:10:29mr collings excuse me says not to cause you further distress i shall keep my cross-examination as brief
00:10:58as possible but there are one or two things i must ask you about the scene of the attack
00:11:02excuse me firstly the visibility you've said that although the sky was overcast there was some
00:11:09lighting coming from the street lamp and some from the porch light outside your front door and this is
00:11:15no doubt true but what is also true is that between the nearest street lamp and your drive is a large
00:11:20tree an evergreen tree i believe which would have obscured most of the lighting reaching the drive
00:11:25my lord as exhibit one i should like to offer this photograph of the collings his residence
00:11:32taken from the street and agreed photograph
00:11:34as can be seen the photo shows the street lamp in the foreground
00:11:41and behind it between the lamp and the drive going up to the house
00:11:46is the tree about the other light the porch light by the front door
00:11:51the distance between the spot where you were attacked and the front door has been measured at
00:11:56about 20 yards approximately the length of a cricket pitch now would you say that these distances were
00:12:01about right yes do you have any idea what sort of bulb was in the porch light
00:12:06what sort of bulb well it's strength wattage no no there's no reason why you should but i can tell
00:12:14you that the uh bulb at present in the porch light this can easily be verified is only 40 watts
00:12:19now i put it to you regardless of whether it can be verified what strength of bulb is at present
00:12:23in the porch light this is entirely irrelevant because it says nothing of what sort of bulb was
00:12:28in that light last august thank you mr elliot do you have any comment on that question mr deedy
00:12:35i do indeed my lord but i should like to ask the witness to answer that
00:12:38do you think that after the terrible thing that happened in front of your house four months ago
00:12:43that a weaker bulb would since have been put in that porch light
00:12:46my lord is the learned friend asking the witness to make a conjecture
00:12:50yes that is a comment i will not allow the question
00:12:54thank you my lord
00:12:55let us assume for the moment that there is a 40 watt bulb in the porch light
00:13:01yes
00:13:01and after all 40 watts is the usual strength for an outside porch light
00:13:06and i put it to you that a 40 watt bulb sheds very little light at a distance of 60 feet
00:13:11very little indeed
00:13:13so that the visibility must have been extremely low
00:13:16it must have been very dim
00:13:17i could see all right
00:13:18you could see what
00:13:21you could see a man hurtling towards you
00:13:23running
00:13:24running towards you with something in his hand
00:13:26that made you instinctively raise your own hands to protect yourself
00:13:29and yet in that split second of time
00:13:31in the dimness
00:13:33you say that you were able to observe that the man had a stocking mask on his face
00:13:38that he wore loose fitting clothes
00:13:40that he was about the same height and build as yourself
00:13:42and that he ran like your cousin rung
00:13:44yes i saw all that
00:13:46i knew it was him
00:13:47if you knew it was him
00:13:49did you call out
00:13:50did you cry out
00:13:52brian brian is that you
00:13:53no
00:13:54why not
00:13:55but there wasn't time
00:13:56precisely
00:13:57it all happened so fast in the semi-darkness that you didn't even have time
00:14:01to cry out
00:14:02but it wasn't so fast that i didn't
00:14:03no further questions my lord
00:14:04yes mr collings
00:14:06what were you about to say
00:14:08i did say
00:14:09that's all
00:14:10thank you
00:14:11mr elliott
00:14:13do you wish to re-examine
00:14:14no my lord
00:14:16then mr collings
00:14:18you may leave the box
00:14:19usher
00:14:19you're clifford collings of launston house hayley
00:14:46yes
00:14:47and you're the father of the last witness
00:14:49yes i am
00:14:49what is your occupation
00:14:51i'm in property development
00:14:52how long have you been married mr collings
00:14:5425 years
00:14:56you and your wife celebrated your silver wedding anniversary last august did you not
00:14:59yes we did
00:15:00could you tell the court about that occasion
00:15:02well it wasn't the happy occasion it should have been
00:15:06why not
00:15:07well it was my fault really
00:15:09at least i blame myself for what happened
00:15:11i took a risk
00:15:13a calculated risk in inviting certain members of my family with whom i'd been out of touch for some years
00:15:18those members being
00:15:19my brother george his wife eva
00:15:21and my nephew brian
00:15:24my brother and i had not been on speaking terms
00:15:27since a dispute we had some years earlier but as this was a special occasion i thought it was a good opportunity to try and make up
00:15:36family feuds are unpleasant things
00:15:39they cause tension and unhappiness all round
00:15:43but the invitation did not have the desired effect
00:15:46no it didn't i'm afraid
00:15:48my brother and i chatted a little which was something after five years silence
00:15:54and my wife and sister-in-law exchanged pleasantries but it was all uncomfortable and a bit superficial
00:16:01well that was to be expected but what we hadn't expected was that the two boys would be at each other's throats
00:16:07at each other's throats meaning what exactly
00:16:10well they were squabbling all evening sort of picking on each other
00:16:14and finally it erupted into a row at which they apparently both lost their temper
00:16:20you say apparently does this mean that you did not witness the altercation
00:16:24no i didn't
00:16:25why not where were you at the time
00:16:27i was seeing out some guests who were leaving early
00:16:30see so you were not present at the climax of the row between your son and the defendant
00:16:34no but i heard all about it afterwards
00:16:37yes i'm sure you did
00:16:38mr collings let us move on now if we may to the night of the attack
00:16:41that's just three days after the event you have described
00:16:44yes
00:16:45the time was about 11 p.m you were still up and about
00:16:49yes but my wife and i had both gone upstairs to our bedroom
00:16:52to your bedroom
00:16:53yes
00:16:53does your bedroom face to the front or the back of the house
00:16:57the front
00:16:58overlooking the drive in fact where the attack took place
00:17:02yes
00:17:02now please describe to the court exactly what happened
00:17:06well the first thing i heard was my son's car coming up the drive
00:17:12i saw the headlamps the headlamp beams crossing the curtains as it turned into the garage
00:17:18i was just starting to get undressed
00:17:20your wife was with you
00:17:21no she was in the bathroom at that moment
00:17:24i see it please go on
00:17:25well after a moment or two i heard this tremendous blood-curdling yell
00:17:33i uh i ran to the window pulled back the curtains
00:17:37flung the window open and and shouted
00:17:40i'm not quite sure what it was i shouted but i think it was something like um
00:17:44alan is that you are you all right alan
00:17:47was there any answer
00:17:48no
00:17:49now what exactly did you see
00:17:52i saw two men
00:17:54one was crouched down holding his hands to his face
00:17:58and the other was running away fast
00:18:01can you describe the man running away
00:18:03uh yes he was a young man wearing dark clothes and he was hooded
00:18:08hooded
00:18:09yes with a stocking mask over his head
00:18:12did you notice anything else about him his um
00:18:14his size say or his build
00:18:16he was the same size and build as my son
00:18:19and therefore about the same size and build as your nephew the defendant
00:18:23brian collings
00:18:24yes
00:18:25having seen what you did from the window
00:18:28what did you do then
00:18:29i shouted to my wife to telephone for an ambulance and a doctor
00:18:34and then i ran downstairs
00:18:35to go to the aid of your son
00:18:36yes
00:18:37i found him collapsed on the ground
00:18:41clutching his face in agony
00:18:42did the ambulance arrive soon after that
00:18:45fortunately yes it came within a few minutes
00:18:47they must have been the longest few minutes in your life mr collings
00:18:51yes
00:18:53one last question mr collings
00:18:55in spite of the fact that you didn't see the man's face
00:18:58do you have any doubt as to who attacked your son
00:19:02no
00:19:03i have no doubt
00:19:04it was brian
00:19:06thank you sir no more questions
00:19:08mr deedy
00:19:10do you wish to question this witness
00:19:12yes my lord i do
00:19:13mr collings
00:19:15during those anxious few minutes
00:19:17waiting for the ambulance to arrive
00:19:19did anything else happen
00:19:21well my wife came out to say that the ambulance was on its way and that they were bringing a doctor with them
00:19:27yes but anything else
00:19:29no i don't think so
00:19:31you didn't see anyone
00:19:32see anyone
00:19:33ah yes a lady got out of her car
00:19:37and came up the drive to ask if she could help in any way
00:19:40oh you didn't mention that just now
00:19:41while being questioned by prosecuting counsel
00:19:43why was that
00:19:44my lord it must be perfectly clear that the witness didn't mention it
00:19:47because he wasn't asked about it
00:19:49yes quite so mr elliott
00:19:50but there seems no reason why defense counsel shouldn't ask about it now
00:19:54by all means my lord
00:19:55as long as my learned friend doesn't make it appear suspicious
00:19:58that the witness didn't answer a question
00:20:00he was never asked
00:20:01i'm sure the jury won't find anything suspicious in it
00:20:05go on mr dealy
00:20:06you say that a lady
00:20:09got out of a car
00:20:10yes
00:20:11now where was this car
00:20:12it was in the street almost opposite the house
00:20:14had it been there all the time
00:20:15no it pulled up at the time of the attack
00:20:18and was this lady someone you knew
00:20:20no
00:20:20my wife knew her slightly i believe
00:20:23mrs whittaker
00:20:24she lived about a quarter of a mile away
00:20:25and when mrs whittaker came up the drive
00:20:27to see if she could be of any assistance
00:20:29did you speak to her
00:20:30oh very briefly
00:20:32i just said that the ambulance was on its way
00:20:34i see
00:20:35mr collings let us go back to the moment
00:20:37when you were upstairs in your bedroom
00:20:39and you heard this blood-curdling yell from outside
00:20:42you said that you ran to the window
00:20:44you flung it open and you saw two men
00:20:46one doubled up clutching his face
00:20:48and the other one running away fast
00:20:50now which of the two men did you look at most
00:20:53i looked at both of them
00:20:56at the same time
00:20:57from one to the other
00:20:59and you knew that the man
00:21:01doubled up and clutching his face
00:21:03was your son
00:21:04yes
00:21:05how
00:21:06did you see his face
00:21:07no
00:21:09i just knew it instinctively
00:21:12and did you know instinctively
00:21:14that the man running away was your nephew
00:21:15answer the question mr collings
00:21:19i knew it in a different way
00:21:23in what way
00:21:25i knew that he was the only person with the motive to commit such an attack
00:21:31and that the man running away looked like him
00:21:34you were asking the court to believe that looking down from your upstairs window into the semi-darkness
00:21:38it was not semi-darkness
00:21:40into very subdued lighting at night
00:21:42you saw a man with a mask over his face running away fast
00:21:45and you could tell what he looked like
00:21:47yes
00:21:47well mr collings
00:21:51what would you say about the person
00:21:54over there
00:21:56oh my lord i must object
00:22:03dearie
00:22:06what is this exhibition in aid of what purpose does it serve
00:22:11i trust that you will see that in a moment my lord
00:22:13i trust so too
00:22:14mr collings
00:22:16you had a good look at that masked figure that just came into the court
00:22:21yes
00:22:22in fact you had a closer look for a longer period of time and in brighter lighting
00:22:26than you had a look at your son's assailant on that night
00:22:29i suppose so yes
00:22:31now
00:22:32how would you describe the figure that you've just seen
00:22:36well in what way
00:22:37well young old big small
00:22:39i would say he was a young chap of medium height
00:22:43thank you
00:22:45would you come back in please
00:22:47my lord
00:22:57i must object to my learned friend's use of this cheap theatrical device
00:23:01i don't think it just was a cheap theatrical device mr elliot
00:23:06and i did not intend it to be just a cheap theatrical device my lord
00:23:09but a practical demonstration to show how hard it is
00:23:12to give a positive identification to a masked figure
00:23:15wearing loose fitting clothes
00:23:17the case of the queen versus collings will be resumed tomorrow
00:23:33in the crown court
00:23:34in the crown court
00:23:54in the crown court
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00:26:32IT WAS SOON AFTER THAT
00:26:33THAT HE WAS ATTACKED
00:26:34YES
00:26:35DO YOU RECALL
00:26:36WHAT TIME YOU GOT HOME THAT NIGHT?
00:26:37YES
00:26:38ABOUT QUARTER TO ELEVEN
00:26:39THE ATTACK TOOK PLACE
00:26:40A FEW MINUTES AFTER ELEVEN
00:26:41WOULD THAT BE ABOUT
00:26:42THE RIGHT LENGTH OF TIME
00:26:43FOR ALLEN TO DRIVE FROM YOUR HOME
00:26:44TO HIS?
00:26:45TWENTY MINUTES YES
00:26:47SO HE EVIDENTLY
00:26:48WENT STRAIGHT HOME?
00:26:49YES
00:26:50WHEN DID YOU FIRST HEAR
00:26:52ABOUT WHAT HAD HAPPENED TO HIM?
00:26:54WELL NOT TILL THE NEXT MORNING
00:26:55WHEN MRS COLLINS
00:26:57CAME ROUND TO MY HOUSE
00:26:59AND BROKE IT TO ME GENTLY
00:27:01MUST HAVE BEEN A TERRIBLE SHOCK FOR YOU
00:27:03YES
00:27:04IT WAS
00:27:05CAN YOU RECALL YOUR FIRST
00:27:06INSTINCTIVE REACTION?
00:27:08WELL
00:27:09TO THANK GOD
00:27:10HE WAS STILL ALIVE
00:27:11AND TO HOPE
00:27:12HE WASN'T TOO BADLY INJURED
00:27:14AT THAT TIME
00:27:15YOU DIDN'T KNOW OF COURSE
00:27:16THE EXTENT OF THE DAMAGE
00:27:17TO HIS EYES
00:27:18NO I DIDN'T
00:27:19WHEN YOU FIRST HEARD
00:27:20HOW ALLEN HAD BEEN ATTACKED
00:27:21DID YOU HAVE ANY IDEA
00:27:22AS TO WHO MIGHT HAVE DONE IT?
00:27:24MY LORD
00:27:25MY LOAD FRIEND
00:27:26HAS BEEN SECURITUSLY
00:27:27WORKING HIS WAY
00:27:28TOWARDS THIS QUESTION
00:27:29AND I SUBMIT AS PHRASED
00:27:30IS THERE ANYTHING EVIDENCE
00:27:31OF THE WITNESSES' BELIEFS
00:27:32AND NOT OF FACTS?
00:27:33YES
00:27:34I AGREE
00:27:35A BAD QUESTION
00:27:36MR ELLIOTT
00:27:37THE MOMENT YOU HEARD
00:27:38OF THE ATTACK
00:27:39DID YOU IMMEDIATELY THINK
00:27:40YOU KNEW WHO HAD DONE IT?
00:27:41JUST YES OR NO
00:27:42PLEASE
00:27:43YES I DID
00:27:44HAD YOU MET
00:27:45BRIAN COLINGS THE ACCUSED
00:27:46BEFORE
00:27:47ALLEN COLINGS
00:27:48WAS ASSAULTED?
00:27:49YES
00:27:50DID THEY GET ON WELL?
00:27:51NO
00:27:52THEY HAD IT IN FOR EACH OTHER
00:27:53OR RATHER
00:27:54BRIAN HAD IT IN FOR ALLEN
00:27:56DID YOU OBSERVE
00:27:57ANY INCIDENT
00:27:58BETWEEN THE TWO
00:27:59OF THEM?
00:28:00YES I DID
00:28:01BUT IT'S DIFFICULT
00:28:02TO UNDERSTAND
00:28:03UNLESS YOU KNOW THE BACKGROUND
00:28:04WELL TELL US
00:28:05MR DEELY WILL OBJECT IF ANY OF IT IS IN DISPUTE
00:28:09WELL
00:28:10AS I SEE IT
00:28:11THE MAIN
00:28:12CAUSE OF TROUBLE
00:28:13GOES BACK
00:28:14QUITE A FEW YEARS
00:28:15FIVE OR SIX YEARS
00:28:16WHEN BRIAN'S FATHER
00:28:18AND ALLEN'S FATHER
00:28:19HAD SOME SORT OF DISPUTE
00:28:22IN BUSINESS I MEAN
00:28:23AT THAT TIME THEY WERE IN BUSINESS TOGETHER?
00:28:25YES
00:28:26DO YOU KNOW WHAT SORT OF BUSINESS?
00:28:28YES
00:28:29THEY WERE ESTATE AGENTS
00:28:30DO YOU KNOW WHAT HAPPENED AS A RESULT OF THIS DISPUTE?
00:28:33YES
00:28:34GEORGE COLLINS
00:28:35THAT'S BRIAN'S FATHER
00:28:36RESIGNED FROM THE FIRM
00:28:38THE THING IS THAT SINCE THEN
00:28:40THE FIRM BEGAN TO DO VERY WELL
00:28:41IT WAS ABOUT THE TIME THE PROPERTY BOOM STARTED
00:28:44AND NOW THE FIRM HAS GROWN INTO SOMETHING REALLY BIG
00:28:47BUT HIS SIDE
00:28:49BRIAN'S SIDE OF THE FAMILY
00:28:51MISSED OUT ON THE LARGE PROFITS IN THE LAST FEW YEARS
00:28:54WILL YOU NOW TELL US OF THE INCIDENT YOU OBSERVED?
00:28:57WELL ON MORE THAN ONE OCCASION
00:28:59I'VE HEARD BRIAN MAKING INSULTING REMARKS
00:29:02WHAT SORT OF INSULTING REMARKS?
00:29:04WELL I'VE HEARD HIM SAY THINGS LIKE
00:29:06TO CHEAT IN BUSINESS IS BAD ENOUGH
00:29:08BUT TO CHEAT YOUR OWN BROTHER IS DIABOLICAL
00:29:10DID HE SAY THIS TO ALLEN?
00:29:12OR TO ALLEN'S FATHER?
00:29:13TO ALLEN ABOUT HIS FATHER
00:29:15I ALSO HEARD HIM ASK ALAN WHAT IT WAS LIKE
00:29:18TO BE PUT THROUGH UNIVERSITY ON ILL-GOTTEN GAINS
00:29:21BY ILL-GOTTEN GAINS HE MEANT?
00:29:23HE MEANT IT WAS ONLY BECAUSE OF THE BUSINESS SWINDLE SO CALLED
00:29:26THAT ALAN'S FATHER COULD AFFORD TO SEND HIM TO UNIVERSITY
00:29:29I THINK THE FACT THAT ALAN HAD BEEN TO UNIVERSITY FOR THREE YEARS
00:29:33IS WHAT BURNT BRIAN UP MORE THAN ANYTHING
00:29:35WHAT DO YOU MEAN BY BURNED HIM UP?
00:29:37MADE HIM ANGRY AND RESENTFUL
00:29:39I SEE
00:29:40WHEN WAS THE LAST TIME YOU HEARD
00:29:42YOU PERSONALLY HEARD
00:29:43THE ACCUSED MAKE INSULTING REMARKS TO YOUR FIANCE?
00:29:46A FEW DAYS BEFORE HE WAS ATTACKED
00:29:48IT WAS AT HIS PARENTS WEDDING ANNIVERSARY PARTY
00:29:51PLEASE TELL THE COURT WHAT YOU WITNESSED ON THAT OCCASION
00:29:53BETWEEN BRIAN AND ALLEN?
00:29:55YES
00:29:56WELL THEY HADN'T SEEN EACH OTHER FOR SOME TIME
00:29:59A YEAR OR TWO
00:30:00AND IT WAS THE FIRST TIME THAT BRIAN HAD EVER BEEN INVITED TO THE HOUSE
00:30:03HE HADN'T BEEN THERE FIVE MINUTES
00:30:05BEFORE HE STARTED TO MAKE
00:30:07CRACKS
00:30:08WHAT SORT OF CRACKS?
00:30:09ABOUT HOW BIG THE HOUSE WAS
00:30:11HOW MUCH IT MUST HAVE COST
00:30:13HE EVEN WENT ROUND ASKING THE GUESTS
00:30:15EXCUSE ME
00:30:16HOW MUCH THEY THOUGHT IT WAS WORTH
00:30:18AND TELLING THEM AT THE SAME TIME THAT
00:30:20HIS FAMILY STILL LIVED IN THE SAME
00:30:22SMALL THREE-ROOM BUNGALOW THEY HAD FOR YEARS
00:30:25HOW DID THE OTHER GUESTS REACT TO THAT?
00:30:27SOME TOOK IT LIKELY AS A SORT OF JOKE
00:30:30BUT OTHERS WERE EMBARRASSED
00:30:31THEY KNEW WHAT BRIAN WAS ABOUT
00:30:34THE TROUBLE WAS
00:30:36HE HAD BEEN DRINKING FOR SOME TIME
00:30:38AND AS THE EVENING WENT ON
00:30:39HE GOT LOUDER AND MORE AGGRESSIVE
00:30:41SO ALLEN AND I TRIED TO AVOID HIM
00:30:43WE WENT OUT INTO THE GARDEN
00:30:45IT WAS A FINE SUMMER EVENING
00:30:46AND SOME OF THE GUESTS WERE THERE
00:30:48BUT BRIAN FOUND US
00:30:50HE WAS IN FACT LOOKING FOR YOU?
00:30:51YES
00:30:52WITH WHAT PURPOSE?
00:30:53I THINK TO PICK A FIGHT WITH ALAN
00:30:55DID HE SUCCEED?
00:30:56YES EVENTUALLY
00:30:57WE WERE JUST GOING BACK INTO THE HOUSE
00:30:59AND SEVERAL OF THE GUESTS WERE WATCHING
00:31:01HE TURNED ON BRIAN
00:31:03TOLD HIM TO GET OUT
00:31:04TOLD HIM THAT IF HE WASN'T ENJOYING HIMSELF
00:31:06TO STOP SPOILING IT FOR EVERYBODY ELSE
00:31:07AND TO GET THE HELL OUT
00:31:08AND WHAT DID THE ACCUSED DO?
00:31:10WE JUST STOOD THERE RATHER BLOCKING OUR WAY
00:31:14AND HE LOOKED AT ALAN AND THEN AT ME AND THEN ALAN AGAIN
00:31:18AND THEN HE SAID
00:31:20THE ONLY REASON I WAS MARRYING ALAN WAS FOR THE MONEY
00:31:24AND IF ALAN DIDN'T KNOW IT
00:31:26HE WAS THE ONLY ONE WHO DIDN'T
00:31:27NO THAT'S NOT TRUE
00:31:28BE QUIET
00:31:29THAT'S NOT WHAT I SAID
00:31:30WHAT I SAID
00:31:31SIT DOWN AND BE QUIET
00:31:33MR DEELY YOU SHOULD ADVISE YOUR CLIENT
00:31:36THAT HE ONLY DOES HIMSELF HARM BY THIS
00:31:38AND THAT HE WOULD DO WELL TO SIT DOWN
00:31:40AND WAIT FOR THE PROPER TIME TO SPEAK
00:31:49VERY WELL MR DEELY
00:31:51MS ELLIS
00:31:52WAS THERE ANY TRUTH IN THIS ALLEGATION
00:31:54THAT YOU WERE ONLY MARRYING ALAN FOR MONEY?
00:31:57ABSOLUTELY NONE
00:31:59HOW DID ALAN REACT TO SUCH A GIBE?
00:32:02HE TURNED ON BRIAN
00:32:04HE TRIED TO HIT HIM
00:32:05BUT ONE OF THE GUESTS GRABBED HIS ARM
00:32:07AND I STOOD BETWEEN THEM
00:32:09TO TRY AND KEEP THEM APART
00:32:10BUT ALAN WAS YELLING AT BRIAN
00:32:12YELLING WHAT?
00:32:13SAYING HE WAS HYSTERICAL
00:32:14AND OBSESSIVELY JEALOUS
00:32:16AND THAT HE WAS REALLY MAD
00:32:17AND A SICK CASE AND SHOULD SEE A DOCTOR
00:32:20TO WHICH THE ACCUSED REPLIED
00:32:21TO WHICH BRIAN REPLIED
00:32:22YOU'VE GOT IT COMING TO YOU ALAN
00:32:24AND THEN HE LEFT
00:32:26HE LEFT
00:32:27LEFT THE HOUSE
00:32:28WAS THAT THE LAST TIME YOU SAW THE DEFENDANT
00:32:29UNTIL THIS TRIAL?
00:32:30YES
00:32:31YES
00:32:32THANK YOU MS ELLIS
00:32:33NO FAITHER QUESTIONS
00:32:34THANK YOU
00:32:38MS ELLIS
00:32:39MAY WE GO BACK TO THIS PARTY
00:32:41THE ANNIVERSARY PARTY GIVEN BY YOUR FIANCE'S PARENTS
00:32:43YES
00:32:44NOW AMONG OTHER THINGS YOU SAID ABOUT THE DEFENDANT
00:32:47WAS THAT HE HAD BEEN DRINKING
00:32:49NOW WHAT EXACTLY DID YOU MEAN BY THAT?
00:32:51WELL HE'D HAD A LOT TO DRINK
00:32:53BEFORE HE CAME TO THE PARTY?
00:32:55WELL I DON'T KNOW ABOUT THAT
00:32:56BUT HE'D CERTAINLY HAD QUITE A FEW WHILE HE WAS AT THE PARTY
00:32:59IN FACT YOU SAW HIM HAVING QUITE A FEW
00:33:01YES
00:33:03WAS HE THE ONLY ONE DRINKING?
00:33:05WELL NO NOT THE ONLY ONE
00:33:06THERE WAS CHAMPAIGN LASHINGS OF IT
00:33:08THE PARTY WAS CATERED WAS IT?
00:33:10YES IT WAS CATERED
00:33:11SO THERE WERE WAITERS GOING ROUND
00:33:12FILLING PEOPLE'S GLASSES WITH CHAMPAIGN
00:33:14YES
00:33:15WOULD YOU SAY THAT BRIAN HAD MORE TO DRINK THAN ANYONE ELSE?
00:33:19WELL I DON'T KNOW ABOUT THAT
00:33:21BUT IT CERTAINLY SEEMED TO AFFECT HIM MORE THAN ANYONE ELSE
00:33:24YOU ALSO SAID THAT AS THE EVENING WENT ON
00:33:27BRIAN GOT MORE NOISY AND AGGRESSIVE
00:33:30YES
00:33:31WAS HE THE ONLY ONE TO BECOME MORE NOISY?
00:33:33AND IF NOT MORE AGGRESSIVE AT LEAST MORE BOISTEROUS
00:33:36WELL SOME PEOPLE GOT NOISY
00:33:38AND BOISTEROUS?
00:33:39YES
00:33:40WELL IT WOULD BE SURPRISING IF THEY DIDN'T
00:33:42AFTER ALL IT WAS A CELEBRATION PARTY
00:33:44WITH 40 OR 50 GUESTS MILLING AROUND
00:33:46DRINKING LASHINGS OF CHAMPAIGN
00:33:49AND I WOULD IMAGINE THAT AMID ALL THE DIN
00:33:52AND THE BABBLE OF CONVERSATION
00:33:53ONE WOULD HAVE TO RAISE ONE'S VOICE TO BE HEARD
00:33:56WOULDN'T ONE?
00:33:58SOMETIMES YES
00:33:59DID BRIAN RAISE HIS VOICE HIGHER THAN ANYONE ELSE'S?
00:34:02WELL HE WAS PRETTY NOISY
00:34:04BUT IT WASN'T THAT SO MUCH AS WHAT HE SAID
00:34:07YES MISS ELISH YOU'VE TOLD THE COURT OF SEVERAL ALLEGEDLY DISPARAGING REMARKS
00:34:10HE MADE TO YOUR FIANCE
00:34:11AND TO ME
00:34:12YES
00:34:13DID YOU AND ALLAN TAKE THESE REMARKS SERIOUSLY?
00:34:17OF COURSE
00:34:18THERE WAS NO QUESTION OF THESE THINGS BEING SAID WITH A
00:34:20WELL A TWINKLE
00:34:23HOW DO YOU MEAN A TWINKLE?
00:34:24HOW DO YOU MEAN A TWINKLE?
00:34:25WELL WITH SOME HUMOUR
00:34:26AFTER ALL IT WAS A GAY CONVIVIAL OCCASION
00:34:28AND THE COUSINS HADN'T SEEN EACH OTHER FOR SOME TIME
00:34:30COULDN'T THERE HAVE BEEN SOME
00:34:31BANTERING GOING ON?
00:34:33SOME TEASING?
00:34:34NO IT WAS NOT TEASING
00:34:36THAT LAST REMARK OF BRIAN'S
00:34:39HIS PARTING SHOT
00:34:40YOU'VE GOT IT COMING TO YOU ALLAN
00:34:42HOW DID YOU AND ALLAN TAKE THAT?
00:34:45WELL WE CERTAINLY DIDN'T TAKE IT AS A JOKE
00:34:47WELL HOW DID YOU TAKE IT?
00:34:49AS A THREAT
00:34:50A RATHER NASTY THREAT
00:34:52A THREAT?
00:34:54TO DO WHAT?
00:34:55TO GET EVEN WITH ALLAN
00:34:57A SORT OF REVENGE
00:34:59IS THAT THE ONLY INTERPRETATION
00:35:01THAT YOU AND ALLAN COULD PUT ON THOSE WORDS?
00:35:03IT'S THE ONLY INTERPRETATION WE PUT
00:35:05I SEE
00:35:07SO
00:35:08YOU WERE VERY WORRIED AND UPSET BY THIS THREAT
00:35:11YES
00:35:12VERY UPSET
00:35:13WORRIED BY IT?
00:35:14YES
00:35:15NOT SO UPSET OR WORRIED
00:35:16AS LET IT SPOIL YOUR PARTY FOR YOU?
00:35:18I DON'T FOLLOW
00:35:19WELL YOU SAY YOU BELIEVE THAT YOUR FIANCE
00:35:21HAD BEEN THREATENED
00:35:22YET IT'S A FACT ISN'T IT
00:35:23THAT AFTER BRIAN HAD LEFT
00:35:24YOU AND ALLAN STAYED ON AT THE PARTY
00:35:26FOR TWO OR THREE MORE HOURS
00:35:27HAVING A GOOD TIME
00:35:28JOINING IN PARTY GAMES
00:35:29DANCING ET CETERA
00:35:30YES
00:35:31BUT
00:35:32AND MISS ELLIS
00:35:33WHEN MOST OF THE OTHER GUESTS HAD LEFT
00:35:34YOU AND ALLAN STAYED ON
00:35:35WITH SOME OF THE OTHER YOUNG GUESTS
00:35:36AND DANCED
00:35:37UNTIL THE EARLY HOURS OF THE MORNING
00:35:39YES BUT
00:35:40NO FURTHER QUESTIONS
00:35:41MY LORD
00:35:42MY LORD I SHOULD LIKE TO CALL THE DEFENDANT
00:36:00MR BRYAN COLLINGS
00:36:02MY LORD I SHOULD LIKE TO CALL THE DEFENDANT
00:36:04MR BRYAN COLLINGS
00:36:06WHAT IS YOUR RELIGION?
00:36:20WELL I WAS BROUGHT UP C OF E
00:36:22TAKE THE TESTAMENT IN YOUR RIGHT HAND
00:36:23BUT I'M NOT
00:36:24I MEAN
00:36:25WELL I DON'T
00:36:26YOU DON'T WHAT?
00:36:28I DON'T GO TO CHURCH YOUR HONOR
00:36:30WELL YOU MAY STILL TAKE THE OATH
00:36:32UH
00:36:33WELL TO BE HONEST
00:36:34I HAVE NO RELIGIOUS BELIEFS
00:36:36IF THE DEFENDANT WISHES TO AFFIRM
00:36:38I BELIEVE SO MY LORD
00:36:39VERY WELL
00:36:40I DO SOLEMNLY SINCERELY AND TRULY DECLARE AND AFFIRM
00:36:45THAT THE EVIDENCE I SHALL GIVE SHALL BE THE TRUTH
00:36:47THE WHOLE TRUTH AND NOTHING BUT THE TRUTH
00:36:51YOUR NAME IS BRYAN COLLINGS
00:36:53AND YOU LIVE AT 126 PLAISTO ROAD FULCHISTER
00:36:56YES
00:36:57HOW OLD ARE YOU?
00:36:5821
00:36:59AND WHAT IS YOUR OCCUPATION?
00:37:00GARAGE MECHANIC
00:37:01ON THE NIGHT OF AUGUST 14TH LAST
00:37:04DID YOU CAUSE GRIEVOUS BODILY HARM TO YOUR COUSIN ALAN COLLINGS
00:37:07BY THROWING CAUSTIC SODA INTO HIS FACE?
00:37:10NO I DID NOT
00:37:11HAVE YOU EVER MADE ANY KIND OF PHYSICAL ASSAULT ON YOUR COUSIN?
00:37:14NO
00:37:15HAVE YOU EVER PREVIOUSLY COMMITTED OR BEEN CHARGED WITH ANY ACT OF VIOLENCE?
00:37:20NO
00:37:21NOW UNTIL THIS TRIAL STARTED WHEN WAS THE LAST TIME YOU HAD SEEN YOUR COUSIN?
00:37:25AT THE ANNIVERSARY PARTY GIVEN BY MY UNCLE
00:37:28NOW THE COURT HAS HEARD AND YOU HAVE HEARD VARIOUS ACCOUNTS OF HOW YOU BEHAVED AT THAT PARTY
00:37:32ARE THESE ACCOUNTS ACCURATE?
00:37:34NOT ENTIRELY
00:37:36NOT ENTIRELY
00:37:37AND WHAT DO YOU MEAN BY THAT?
00:37:38WELL I DID SAY SOME OF THE THINGS I WAS SUPPOSED TO HAVE SAID BUT NOT THAT WAY EXACTLY
00:37:44WELL HOW THEN?
00:37:45CAN YOU GIVE US AN EXAMPLE?
00:37:46WELL FOR EXAMPLE I DID SAY TO ALAN ABOUT HIS DAD THAT TO CHEAT A STRANGER IN BUSINESS IS BAD ENOUGH
00:37:52BUT TO CHEAT YOUR OWN BROTHER IS DIABOLICAL
00:37:55BUT THEN I WENT ON TO SAY THAT HE'D SOON BE CHEATING HIS WIFE AND SON BEFORE LONG
00:37:59IN OTHER WORDS YOU WERE MAKING A CRITICAL COMMENT ABOUT YOUR UNCLE'S BUSINESS ETHICS
00:38:03BUT MAKE IT IN SUCH AN EXAGGERATED WAY THAT IT WAS NOT TO BE TAKEN TOO SERIOUSLY
00:38:07YES THAT'S RIGHT
00:38:09THE THING IS IF ALAN HADN'T FELT SO GUILTY ABOUT IT IT WOULDN'T HAVE BOTHERED HIM
00:38:12HE WOULD HAVE JUST SHUGGED IT OFF
00:38:14CAN YOU GIVE US ANOTHER EXAMPLE?
00:38:16YES
00:38:18PAULINE SAID
00:38:19THAT'S PAULINE ELLESS THE LAST WITNESS
00:38:21YES
00:38:22SHE SAID THAT I TOLD ALAN EVERYONE KNEW SHE WAS ONLY MARRYING HIM FOR THE MONEY
00:38:26BUT THAT'S NOT WHAT I SAID NOT EXACTLY
00:38:29I SAID THAT HAVING A LOT OF MONEY HAS SOME DISADVANTAGES
00:38:32ONE OF THEM BEING YOU NEVER KNOW FOR SURE WHAT PEOPLE'S MOTIVES ARE
00:38:36AND I ASKED ALAN IF IT WORRIED HIM THAT PEOPLE THOUGHT PAULINE MIGHT BE MARRYING HIM FOR THE MONEY
00:38:41AND YOU DID NOT IN FACT SAY THAT THAT IS WHAT SHE WAS DOING
00:38:43NO
00:38:44YOU LIAR
00:38:45SIR
00:38:46YOU ABSOLUTE LIAR
00:38:47SIR
00:38:48THAT IS THE SECOND SUCH INTERRUPTION WE HAVE HAD IN THIS SESSION
00:38:51AND THE COURT WILL NOT TOLERATE IT
00:38:53IF IT HAPPENS AGAIN FROM ANY QUARTER I SHALL HAVE THE COURT CLEARED
00:39:00PLEASE CONTINUE MR DEELY
00:39:02THE FINAL REMARK YOU'RE ALLEGED TO HAVE MADE TO YOUR COUSIN BEFORE YOU ABRUPTLY LEFT THE PARTY
00:39:07WAS YOU'VE GOT IT COMING TO YOU ALLAN
00:39:11NOW DID YOU SAY THAT?
00:39:12MORE OR LESS
00:39:14HOW DO YOU MEAN MORE OR LESS?
00:39:16WELL I THINK WHAT I DID SAY WAS YOU'VE GOT YOURS COMING ALAN
00:39:20AND WHAT DID YOU MEAN BY THAT?
00:39:22WELL I MEANT
00:39:23WELL I'D JUST BEEN SAYING TO HIM THAT WHEN YOU DO THE DIRTY ON SOMEONE YOU DON'T REALLY GET AWAY WITH IT
00:39:27NOT FOR LONG
00:39:29THINGS HAVE A HABIT OF CATCHING UP WITH YOU
00:39:31OR SOONER OR LATER YOU'LL GET YOUR PUNISHMENT
00:39:33AND THAT'S WHAT YOU MEANT BY YOU'LL GET YOURS ALAN
00:39:36THAT THERE IS SOME SORT OF ROUGH JUSTICE IN THE WORLD
00:39:39YES
00:39:40BUT YOU DID NOT MEAN THAT YOU WERE GOING TO TAKE JUSTICE INTO YOUR OWN HANDS
00:39:43AND MET OUT YOUR OWN PUNISHMENT
00:39:45NO
00:39:47NOW
00:39:48WHEN YOU MENTIONED DOING THE DIRTY ON SOMEONE
00:39:50YOU'RE REFERRING TO SOMETHING THAT THE COURT HAS ONLY HEARD ABOUT BRIEFLY
00:39:53THAT IS TO SAY THE BUSINESS DISPUTE
00:39:55BETWEEN YOUR UNCLE AND YOUR FATHER
00:39:57NOW WOULD YOU PLEASE TELL THE COURT
00:39:59WHAT HAPPENED IN THAT DISPUTE
00:40:01YES
00:40:02BETWEEN FIVE AND SIX
00:40:03MR DEEDY
00:40:04IT HAS ALREADY BEEN ESTABLISHED THAT SUCH A BUSINESS DISPUTE DID TAKE PLACE
00:40:08BETWEEN MR COLING SENIOR AND HIS BROTHER
00:40:11TO GO INTO THE MATTER IN FURTHER DETAILS
00:40:13SURELY CANNOT BE RELEVANT TO THE QUESTION AS TO WHO ATTACKED MR COLINGES JUNIOR
00:40:18BESIDES THE WITNESS'S EVIDENCE IS NO DOUBT HEARSAY
00:40:21Mr Elliot
00:40:23do you object to these questions?
00:40:25no my lord
00:40:27if your lordship wishes to waive the hearsay rule
00:40:29however I don't see how this line of questioning
00:40:31can shed any light on the defendant's guilt or innocence
00:40:35in my submission my lord it is relevant
00:40:37I also would like to point out with respect
00:40:39that the business dispute has not been established
00:40:42it has been merely referred to by the prosecution witnesses
00:40:45hmm
00:40:49very well
00:40:50mr Dealey
00:40:51thank you my lord
00:40:53now will you please tell the court as briefly as possible
00:40:56what happened between your uncle and your father
00:40:58well the firm of collins and collins hadn't been doing too well
00:41:02as I say this was five or six years ago
00:41:04uncle clifford was always picking on dad
00:41:06picking on him
00:41:07picking on him?
00:41:08well criticising him
00:41:09complaining that he was inefficient
00:41:10and that he made wrong decisions
00:41:12it was always dad's fault if something went wrong
00:41:15it got to the point where dad couldn't stick it any longer
00:41:18and he quit
00:41:19where he resigned
00:41:20was any financial settlement made?
00:41:23yes
00:41:24as equal partner dad got half the firm's assets
00:41:27but it was nothing
00:41:28I believe he got a little less than 200 pounds
00:41:31and one of the two typewriters
00:41:33200 pounds and a typewriter
00:41:36yes
00:41:37leaving your uncle in sole charge of the firm
00:41:39yes
00:41:40what happened after that?
00:41:42well it wasn't long after that
00:41:44only a few weeks when the firm got its first big break
00:41:47a new block of flats was going up in Station Road
00:41:50and uncle Clifford got the commission for letting off the flats
00:41:53he made quite a packet out of it
00:41:55and soon after that he got another block of flats to find tenants for
00:41:59and one thing led to another and
00:42:02well that started the ball rolling and since then
00:42:04what with the property boom and everything
00:42:06the firm has become one of the biggest estate agents
00:42:08and property developers in the area
00:42:10so it was a most unfortunate coincidence for your father
00:42:13that he left the firm when he did
00:42:15I don't know how much of a coincidence it was
00:42:17what do you mean by that?
00:42:19Mr Dealey you seem intent on pressing the defendant
00:42:21to comment on a business dispute
00:42:23which took place several years before the crime
00:42:26for which he stands here on trial
00:42:28and which has no direct bearing on that crime
00:42:32but it may have an indirect bearing my lord
00:42:34in that the defendant's replies may give us some idea
00:42:36about his feelings towards the victim of the attack
00:42:39well
00:42:41if Mr Elliot doesn't object
00:42:43no my lord
00:42:45Brian
00:42:47are you suggesting that your father's leaving the firm when he did
00:42:50was not just an unlucky coincidence?
00:42:52I'm suggesting
00:42:53I mean
00:42:54well I believe that Uncle Clifford made a deliberate thing
00:42:58of forcing Dad into a position where he would have to quit
00:43:01because he knew what was ahead
00:43:03you mean your uncle anticipated the boom in housing and property?
00:43:06yes
00:43:07he may even have had some deals lined up which Dad didn't know about
00:43:11if this was true why do you think he did it?
00:43:15because he wanted it all to himself
00:43:17purely mercenary motives?
00:43:19yes
00:43:20Uncle Clifford was always mad keen to be rich
00:43:23and you think that he would be that unscrupulous to achieve his ambitions?
00:43:26he would trample on anyone
00:43:28even his brother
00:43:30what are your feelings towards you Uncle?
00:43:32I hate his guts
00:43:35and what are your feelings towards your cousin?
00:43:38Alan?
00:43:39I'm sorry for him
00:43:41very sorry for him
00:43:42well because of the injuries that he sustained
00:43:44no
00:43:45well that too
00:43:46but before he was attacked I was sorry for him
00:43:48why?
00:43:49well
00:43:50he wasn't in a very healthy situation
00:43:53how do you mean situation?
00:43:54well
00:43:55all that money coming in
00:43:57that sort of money
00:43:59big house
00:44:01with its
00:44:02slippery foundations
00:44:04and you didn't hate him too because of what happened to your father?
00:44:07at the time it happened Alan was only 16
00:44:09he knew nothing about it
00:44:11didn't even know what was going on
00:44:13have you ever had any feelings of hostility towards your cousin?
00:44:16no
00:44:17have you ever wished to do him harm?
00:44:19no
00:44:20thank you Mr Collings
00:44:22no further questions
00:44:24Mr Collings
00:44:25at the time of this quarrel between your father and your uncle
00:44:35how old were you?
00:44:37about 16
00:44:39are we to believe that at this tender age
00:44:42you knew exactly what was going on?
00:44:45yes
00:44:46yes
00:44:47I see
00:44:48tell me
00:44:49do you believe
00:44:50in the biblical saying that the sins of the father are visited on the children?
00:44:56oh well you must
00:44:57mustn't you
00:44:58you've got it coming to you Alan
00:45:01things have a way of catching up with you
00:45:03sooner or later Alan
00:45:04you'll get your punishment
00:45:06and may I ask
00:45:08why didn't you say this to the man you hate?
00:45:12Alan's father
00:45:13why say it to the man that you tell us you felt sorry for?
00:45:16I mean is that the way you show compassion?
00:45:21no answer?
00:45:23where were you at approximately 11 p.m. on the night of August the 14th last?
00:45:27I was at home
00:45:28you're home doing what?
00:45:30watching television
00:45:33at 11 p.m.
00:45:35at 11 p.m. you were watching television?
00:45:38yes
00:45:39after that?
00:45:40um
00:45:41then I went to bed
00:45:42you went to bed that early did you?
00:45:45were you at home alone?
00:45:46yes
00:45:47you live with your family do you not?
00:45:49your father your mother and your younger sister?
00:45:51yes
00:45:52well where were they?
00:45:53they were away on their summer holidays
00:45:55you didn't go away with them?
00:45:56no
00:45:57why not?
00:45:58well they were very busy at the garage where I worked
00:46:00I couldn't get off
00:46:01so you spent the evening of August the 14th on your own?
00:46:03yes
00:46:04is that a frequent occurrence for you spending time alone?
00:46:06I mean would you describe yourself as a loner?
00:46:09not particularly I've got friends
00:46:11you've got friends?
00:46:12didn't happen to see any of them on August the 14th?
00:46:15no
00:46:16so you were unable to give the police any evidence as to your whereabouts or movements that evening?
00:46:20no
00:46:21no
00:46:22it's most unfortunate
00:46:24did you have a girlfriend?
00:46:27no one in particular
00:46:28no girlfriend in particular
00:46:29no girlfriend in particular
00:46:30I see
00:46:31Mr. Collings the police searched your personal effects didn't they?
00:46:33yes
00:46:34and you were present when they searched your home and your effects at the garage where you work?
00:46:39yes
00:46:40and at the garage they found this photograph didn't they?
00:46:43exhibit number two my lord
00:46:45my lord
00:46:51they found that photograph didn't they?
00:46:54yes
00:46:56now it is what might be called a pin-up photo of a girl in a bikini
00:47:01however the girl is Pauline Ellis your cousin's fiancee
00:47:06my lord
00:47:07this photograph was found pinned to the wall at the garage
00:47:10where this man was employed
00:47:12Mr. Collings
00:47:14I put it to you that you were jealous of your cousin Alan
00:47:16not only because of his family's good fortune
00:47:19a share of which perhaps you felt your family had been cheated of
00:47:23but also because perhaps you secretly coveted the girl he was engaged to marry
00:47:27no
00:47:28I would also put to you that on the night of August the 14th last
00:47:30the circumstances being propitious
00:47:32you went to your cousin's home
00:47:35you put on a nylon stocking mask
00:47:37and you lay in wait for him
00:47:40you then performed an act of personal vengeance by throwing caustic soda into his eyes
00:47:44no I didn't
00:47:45didn't you?
00:47:46no
00:47:47no further questions
00:47:48the case of the queen versus collings will be resumed tomorrow in the crown court
00:48:04Of course.
00:48:34The case of the Queen v. Collings in Fulchester Crown Court has reached its third day, and the defendant, Brian Collings, is still in the witness box.
00:49:00He's charged with causing grievous bodily harm to his cousin, Alan Collings, by flinging a caustic liquid substance in his face, resulting in his cousin's near blindness.
00:49:08Two witnesses for the prosecution, the victim and his father, have testified that they recognised the defendant at the time of the attack, even though he was masked and running at speed.
00:49:18A third witness, Pauline Ellis, the victim's fiancée, has described a violent quarrel which took place between the defendant and his cousin only a few days before the attack.
00:49:27A quarrel which she believed to be the culmination of a long-standing feud between the two sides of the family.
00:49:33In cross-examining the defendant, the prosecutor, Mr James Elliott, has introduced still another possible motive for the attack.
00:49:41A photograph was presented in evidence, a photograph which the police had found at the garage where the defendant was employed.
00:49:47It was of Pauline Ellis, his cousin's fiancée, wearing a bikini.
00:49:51Mr Deedy, do you wish to re-examine?
00:49:56Yes, my lord, I do.
00:49:58When the police discovered the photograph that the court has just been shown, did you readily admit that it was yours?
00:50:04Yes.
00:50:05Was it the only pin-up photo on the wall of the garage where you worked?
00:50:08No, there were hundreds of them.
00:50:09Hundreds?
00:50:10Well, dozens of them.
00:50:11All of them yours?
00:50:12No, most of them were put there by the other blokes.
00:50:15Is there anything unusual about there being photos of girls pinned on the wall of a garage repair shop?
00:50:19No.
00:50:20In fact, am I right in thinking that it is, for some reason, quite usual for there to be such displays?
00:50:26Yes.
00:50:27My lord, I submit as Exhibit 3, this envelope, which as you will see, contains a random selection of pin-up photographs,
00:50:35taken mostly from magazines and newspapers.
00:50:39All of which were found at the garage where the defendant works.
00:50:49Mr. Dealey, is it necessary for us to consider these photographs?
00:50:54They are certainly very revealing, but do they reveal anything about the case before the court?
00:51:00Only insofar as they established that the photograph offered by Mr. Elliot as Exhibit 2
00:51:04was far from being the only photograph on the wall of the garage where the defendant works.
00:51:09Very well.
00:51:10I think the jury can accept that without having to spend time examining the photographs individually.
00:51:16Thank you, my lord.
00:51:18Now, when the police found the photograph of Pauline Ellis, did they recognise who she was?
00:51:23Yes.
00:51:24Did they express surprise at finding a photo of her at your garage?
00:51:27They did a bit, yes.
00:51:28They thought it might have some significance?
00:51:31I suppose so.
00:51:31And does it have any significance?
00:51:33No.
00:51:34How did you acquire the photograph?
00:51:35I cut it out of a newspaper.
00:51:37When was that?
00:51:38Well, about a year ago.
00:51:40Pauline was in a beauty contest.
00:51:41She nearly won it.
00:51:43She was runner-up.
00:51:44Do you have any personal feelings towards Pauline Ellis?
00:51:46Personal?
00:51:47Well, are you attracted to her?
00:51:49Not especially.
00:51:50I mean, well, she's attractive all right, but...
00:51:53But you yourself are not interested in her?
00:51:56No.
00:51:57No.
00:51:58Thank you, Mr. Collins.
00:51:59No more questions.
00:52:00No more questions.
00:52:08You're Mrs. Irene Whittaker, and you live at 23 Denby Avenue, Hayley, Fulchester.
00:52:21Yes.
00:52:22And your home is about a quarter of a mile from Launston House, Hayley, where Mr. Clifford Collings and his family live.
00:52:27Yes.
00:52:28On the night of August 14th last, did you drive by Launston House at about 11pm?
00:52:33Yes, on my way home.
00:52:35Were you alone in your car?
00:52:36Yes.
00:52:37Mrs. Whittaker, will you please tell the court exactly what you saw as you drove by the house?
00:52:42Yes.
00:52:46Well, the first thing I noticed out of the corner of my eye was a man running on my left.
00:52:52The house was on my left.
00:52:54And where was this man exactly?
00:52:56On the front lawn of Launston House.
00:52:58And where was he running to?
00:52:59He was running to the drive in front of the house, running parallel with me.
00:53:04Did you see anyone else?
00:53:05Not at first, but...
00:53:06You see, it all happened so dreadfully quickly.
00:53:10Well, what did happen next?
00:53:11Well, I'd only driven another few yards when I heard the most dreadful scream.
00:53:16A man's scream, a yell of pain.
00:53:18And what did you do?
00:53:19I jammed on my brakes and pulled up sharply at the foot of the drive.
00:53:22I looked towards where the scream had come from, and now I could see two men standing near the house at the top of the drive.
00:53:30Now, will you describe, as carefully as you can, because this is a very crucial moment, exactly how the men were at the instant you stopped your car?
00:53:37How close they were to each other, and what their movements were.
00:53:41Now, take your time.
00:53:42Now, take your time.
00:53:42Yes.
00:53:43Well, they were quite close together.
00:53:48Not more than a few feet apart.
00:53:51One of them had his hands up to his face and was making sort of gasping, moaning noises.
00:53:59He appeared to be in very great pain.
00:54:02The other, the one I'd seen running, was moving towards him, but then he stopped and turned to...
00:54:06Excuse me, Mrs. Whittler, I want to get this absolutely clear.
00:54:10At the precise moment that you stopped your car and looked at the two men,
00:54:14one of them was bending over, clutching his face and moaning,
00:54:17and the other was moving towards this man and not running away.
00:54:22That's right.
00:54:23He moved a step or two towards him, and then he stopped and looked towards me, towards my car.
00:54:29As if he was about to do something else, when he was interrupted by the sound of your car pulling up.
00:54:34Yes.
00:54:35What happened next?
00:54:37Well, he ran away, and I heard shouts coming from the house.
00:54:41Which way did the man run?
00:54:42Straight down the drive towards me.
00:54:44I was terrified because I thought he was coming at me, and my engine had stalled when I jammed on the brakes.
00:54:50But when he got to the end of the drive, the man veered away from me, ran around the back of the car,
00:54:55and then ran full pelt down the road in the opposite direction to the way in which I was facing.
00:54:59Did you observe anything about the man's size or shape?
00:55:03No, it was too quick.
00:55:05Would you say that he was a young man of medium size and build?
00:55:08He could have been, but I couldn't say for certain.
00:55:12So you could give no accurate description of him?
00:55:15No, I'm afraid not.
00:55:17Because of the mask over his face and because he was running very fast in extremely bad light?
00:55:21Yes.
00:55:21Thank you, Mrs. Whittaker.
00:55:24Now, after the man had run off down the road, what did you do?
00:55:28I got out of the car, and I went to see if I could do anything to help.
00:55:34The door of the house opened.
00:55:36Mr. Collings came out and ran towards his son.
00:55:39He took him in his arms and tried to comfort him.
00:55:43Were you acquainted with the Collingses at this time?
00:55:45Not personally, no, but I did know who they were, and I knew Mrs. Collings slightly.
00:55:51And as I was going up the drive, Mrs. Collings came out of the house and said that the ambulance and the doctor were on their way.
00:55:57Were you still there when the ambulance arrived?
00:55:59Yes.
00:56:00I saw them put the boy into the ambulance, and the doctor gave him an injection practically immediately, a sedation, I expect.
00:56:08And then Mr. Collings got into the ambulance and went to the hospital with his son.
00:56:12Leaving you and Mrs. Collings standing outside of the house?
00:56:15Yes.
00:56:16I asked her if there was anything I could do to help make some tea or something, but she said no, she would be all right.
00:56:22After the ambulance had driven away, did you tell Mrs. Collings what had happened?
00:56:27No.
00:56:29She knew what had happened.
00:56:31What did she say had happened?
00:56:33She said another of those terrible muggings.
00:56:35Another of those terrible muggings.
00:56:38And by mugging you took her to mean?
00:56:40Well, an attack.
00:56:43Violence for the purpose of robbery.
00:56:45Isn't that what it means?
00:56:47Yes, indeed, Mrs. Whittaker.
00:56:50Violence for the purpose of robbery.
00:56:53Thank you, Mrs. Whittaker.
00:56:54No more questions.
00:56:55One moment, please.
00:56:58Oh, I'm so sorry.
00:57:00What sort of condition was Mrs. Collings in?
00:57:04A condition?
00:57:05What was her apparent state of mind?
00:57:07Oh, she was dreadfully upset.
00:57:09She was distraught.
00:57:10She must have been.
00:57:11Was she weeping?
00:57:13Uh, not weeping exactly.
00:57:15But there were tears in her eyes.
00:57:17Would you say she was grief-stricken at what had happened to her son?
00:57:20Oh, yes.
00:57:21So that when she said another one of those terrible muggings, she might not have known what she
00:57:26was saying.
00:57:27Well, perhaps not.
00:57:29In her distraught state, she might have said the first thing that came into her head.
00:57:34I suppose so.
00:57:35Another point.
00:57:37When you jammed on your brakes and stopped your car, you said you looked towards the house
00:57:40and you saw two men near the house, up at the top of the drive.
00:57:45Yes.
00:57:46One of the men had his hands to his face and was making groaning noises, so evidently the
00:57:49substance had already been thrown into his face.
00:57:52Oh, yes.
00:57:53Yet you say the other man, the assailant, was still going towards him.
00:57:56That's right.
00:57:56Why?
00:57:57I mean, having already made the attack on him, why would he do that?
00:58:00I don't know.
00:58:02Perhaps to rob him.
00:58:03To rob him?
00:58:04But your car had pulled up with a screech of brakes, had it not?
00:58:08Yes, but...
00:58:08Now, it do suggest that the assailant was going to start going through his victim's pockets
00:58:13while he was holding a jam jar and knowing that a car had just pulled up and someone
00:58:17was watching you?
00:58:18I don't know.
00:58:20For all the man knew, it might have been a police car, mightn't it?
00:58:23I suppose so.
00:58:25So doesn't it seem unlikely that at that moment the man would still be going towards his victim?
00:58:30It may seem unlikely, but I can only say that's what I thought I saw.
00:58:34Ah, that's what you thought you saw.
00:58:36Yes, I...
00:58:37Thank you very much, Mrs. Whistler.
00:58:43Mr. Dealey, do you wish to call any other witnesses?
00:58:53Yes, Manuel.
00:58:54I should like to call Mrs. Janet Collings.
00:58:58Mrs. Janet Collings, please.
00:59:10Mrs. Collings.
00:59:12You are the mother of Alan Collings, the victim of the attack?
00:59:17Yes, Your Honour.
00:59:18Mr. Dealey, has this witness been subpoenaed?
00:59:21No, my Lord.
00:59:22Are you aware then, Mrs. Collings, that you are under no obligation to testify for the defence
00:59:28unless you wish to do so?
00:59:30Yes, I'm aware of that.
00:59:33Very well.
00:59:34You may take the oath.
00:59:35You are Mrs. Janet Collings, wife of Clifford Collings, and you live at Launston House, Hayley?
01:00:01Yes.
01:00:02On August 14th last, at about 11pm, when your son was attacked in front of your house, you were indoors.
01:00:09Did you see anything of this attack or of the assailant running away?
01:00:13No.
01:00:13Having telephoned for the ambulance and a doctor, you then came out of the house to join your husband in trying to comfort your son?
01:00:21Yes.
01:00:22I regret having to draw your mind back to what must have been a most painful experience for you.
01:00:27I only do so, and I'm only in a position to do so, because of the fact that you, of your own volition,
01:00:32have said that you would, if necessary, be prepared to testify on behalf of the defendant.
01:00:37Am I correct?
01:00:39Yes.
01:00:39Mrs. Collings, in those agonising few minutes waiting for the ambulance to arrive, was anything said between you, your husband, or your son?
01:00:52Very little.
01:00:53Alan was in great pain.
01:00:55We didn't know what it was that was thrown in his face.
01:00:59It was burning his skin and his eyes.
01:01:02I wanted to fetch some cold water to sponge his face to try and relieve the pain.
01:01:10But my husband said it might be the worst thing to do.
01:01:15Anything else?
01:01:17Yes.
01:01:19Alan said...
01:01:20Alan said it was bloody Brian.
01:01:24It was bloody Brian.
01:01:25And my husband said I thought so. I thought it was him.
01:01:28Did you say anything?
01:01:30I said, oh, no, it couldn't have been Brian.
01:01:34Oh, no, it couldn't have been Brian.
01:01:37Now, why did you say that?
01:01:40Well, I couldn't believe that he could do such a thing.
01:01:43And now, some months later, do you still feel the same?
01:01:47Yes.
01:01:49I know there's been ill will between the two sides of the family,
01:01:52and it grieves me very much the way it happened and why it happened.
01:01:56And I know that Brian has been very bitter about it.
01:02:00And he's said some foolish and some hot-headed things.
01:02:04But I can't believe, I just can't bring myself to believe that
01:02:07he's capable of committing such an act.
01:02:12Thank you, Mrs. Connings, that's all.
01:02:15Mr. Elliot, do you wish to question the witness?
01:02:19I have only two questions, my lord.
01:02:22Did you see the attack or the assailant running away?
01:02:26No.
01:02:27Mrs. Connings,
01:02:28I think it noble of you to stand up for the defendant.
01:02:32But can you be sure that he did not attack your son?
01:02:37No, I can't be sure.
01:02:39Thank you, Mrs. Connings.
01:02:40That concludes the evidence for the defence, my lord.
01:02:50Please, my lord, members of the jury.
01:02:54When an unusually vicious crime is committed,
01:02:56motive is of paramount importance.
01:02:59Now ask yourselves,
01:03:00who had a motive for making this violent attack on Alan Collins?
01:03:05My learned friend is eager to explore the possibility
01:03:08that this crime was an attempted mugging.
01:03:11Now for you to consider this seriously,
01:03:13you must answer two questions.
01:03:14One,
01:03:15why would a thief throw acid into the face of his victim
01:03:18a few feet from the victim's front door?
01:03:21Surely a gun, a knife, an iron bar even,
01:03:24is the usual weapon when the motive is to steal.
01:03:27Now the second and far more important question is this,
01:03:30why would a thief,
01:03:32his jam jar in his hand full of caustic soda,
01:03:34walk up a private driveway
01:03:35and then sit behind a rhododendron bush
01:03:37and wait for a prospective victim?
01:03:42Now is this a clairvoyant thief?
01:03:45Now, members of the jury,
01:03:47we must look for the motive elsewhere.
01:03:49Now the accused has made no attempt
01:03:52to disguise his feelings
01:03:53towards the other half of the Collins family.
01:03:55We've heard that at every opportunity
01:03:56he expressed his bitterness towards Alan Collins.
01:03:59Never once, though,
01:04:00was this bitterness directed openly
01:04:02at the object of his hate.
01:04:05Now on August the 11th,
01:04:06after five years of silence,
01:04:08the two families came together
01:04:09and a reconciliation was underway.
01:04:12But defying all rational behavior,
01:04:15the defendant persisted,
01:04:16even on this sensitive occasion,
01:04:18to provoke, antagonize,
01:04:21and even slander,
01:04:22Alan Collins and his fiance.
01:04:25A quarrel ensued
01:04:26where the cousins had to be physically restrained.
01:04:28And the final words from the defendant were,
01:04:31you've got it coming to you, Alan.
01:04:33And this remembers just three days
01:04:35before the attack.
01:04:37Two other points worthy of note.
01:04:39The defendant was unable to give the police
01:04:41or this court any proof of his movements
01:04:43or whereabouts on the night of August 14th.
01:04:47And we cannot know
01:04:49the fantasies the defendant did
01:04:51or did not have
01:04:52in regards to Pauline Ellis.
01:04:54All we do know
01:04:55is that he cut out
01:04:56a semi-nude photograph of her
01:04:58from a newspaper
01:04:58and put it up on the wall
01:05:00at his place of employment
01:05:02where he would see it every day.
01:05:06But members of the jury,
01:05:07the most damning evidence
01:05:09against the defendant
01:05:10is the fact that he was recognized.
01:05:14Even though his face was distorted
01:05:15by a nylon stocking,
01:05:17he was identified
01:05:18and named
01:05:19by both the victim
01:05:21and the victim's father.
01:05:24Now, at the age of 22,
01:05:27Alan Collings
01:05:28has been deprived of sight.
01:05:30His fiancée tells us
01:05:31that because of this,
01:05:33he no longer feels
01:05:34he can marry.
01:05:36I put it to you
01:05:37that based on the evidence,
01:05:40you cannot deprive him of justice.
01:05:44Thank you, Lord.
01:05:45Members of the jury,
01:05:50the central theme of this case
01:05:53seems to be one of identification,
01:05:55the identification of the assailant
01:05:57who attacked Alan Collings.
01:05:59Now, throughout the case,
01:06:00the prosecution have attempted
01:06:01to find a witness
01:06:02who could positively identify
01:06:04my client
01:06:05as being the man
01:06:07who attacked Alan Collings,
01:06:08and I intend to show
01:06:09why they have failed.
01:06:10Let us assume for the moment
01:06:12that there is no feud
01:06:13between the Collings' family
01:06:15and go back to basics.
01:06:17On August the 14th last,
01:06:19Alan Collings is attacked
01:06:20and his father,
01:06:21looking out of his bedroom window
01:06:22into extremely bad light,
01:06:25saw a masked figure
01:06:26running down the drive.
01:06:28Simultaneously,
01:06:28at the bottom of the drive,
01:06:30Mrs. Whittaker
01:06:31sees this masked figure
01:06:32running towards her
01:06:33and then disappearing
01:06:34around the back of a car.
01:06:36Now, during her examination,
01:06:38Mrs. Whittaker
01:06:38told the court
01:06:39that she could not
01:06:40identify this figure
01:06:42because of the speed
01:06:42that he was moving
01:06:43and because of the
01:06:45extremely bad visibility.
01:06:48Now, except for the victim
01:06:49of the attack,
01:06:50these two people
01:06:51were the only witnesses
01:06:52that saw anything
01:06:53of this incident.
01:06:54Nothing in their evidence
01:06:55could be construed
01:06:56as being a positive identification
01:06:58based upon fact
01:07:00that my client
01:07:01was the assailant.
01:07:03Indeed,
01:07:04Mr. Collings'
01:07:04identification
01:07:05was based upon instinct
01:07:07which has no place
01:07:08in a court of law
01:07:09dealing with facts.
01:07:11The evidence
01:07:12of the victim himself
01:07:13is equally obscure.
01:07:16He said
01:07:16that he didn't even
01:07:17have time to cry out
01:07:18either for help
01:07:19or at his attacker.
01:07:21Yet,
01:07:22despite the bad light
01:07:23and the fact
01:07:23that his assailant's features
01:07:24were distorted
01:07:25by a stocking mask,
01:07:26he expects you
01:07:27to believe
01:07:28that he recognised
01:07:29his cousin.
01:07:31But remember,
01:07:32there is a family feud
01:07:33going on.
01:07:34And in the heat
01:07:35of their anger,
01:07:36Alan Collings
01:07:36and his father
01:07:37accuses Brian
01:07:38Collins of the attack,
01:07:40a person who,
01:07:41according to Alan Collings'
01:07:42mother,
01:07:43is,
01:07:43and I quote,
01:07:44incapable
01:07:45of such an act.
01:07:48Now,
01:07:48the defence
01:07:48has every sympathy
01:07:49for the unfortunate
01:07:50victim of this affair
01:07:51who has,
01:07:52as a result,
01:07:53lost most of his sight.
01:07:55But in my submission,
01:07:56this is a case
01:07:56which has been brought
01:07:57amid a torrent
01:07:57of emotion
01:07:58and circumstantial evidence.
01:08:01There are no hard facts
01:08:03to show
01:08:03that my client
01:08:04attacked Alan Collings
01:08:06and it is my contention
01:08:07that the prosecution
01:08:08have no case
01:08:09because they have failed
01:08:10to produce
01:08:10this necessary identification.
01:08:13It is unfortunate,
01:08:14members of the jury,
01:08:15that these proceedings
01:08:15have done nothing
01:08:16but deepen the rift
01:08:18between the two sides
01:08:19of this family.
01:08:20If my client
01:08:21is convicted
01:08:22on this emotional evidence,
01:08:24it will only add fuel
01:08:25to their continuing quarrel.
01:08:28I trust, therefore,
01:08:28members of the jury,
01:08:29that you will find
01:08:30Brian Collings
01:08:31not guilty
01:08:32of the charges
01:08:32against him.
01:08:33Now, members of the jury,
01:08:37you've listened carefully
01:08:38to the evidence
01:08:39and to the speeches
01:08:40of counsel
01:08:41for the prosecution
01:08:42and for the defence
01:08:43and it may well have struck you
01:08:45that there are certain
01:08:45unusual aspects
01:08:47about this case.
01:08:48One of them being
01:08:50that although
01:08:51three witnesses
01:08:52saw the assailant,
01:08:54the circumstances
01:08:55in which he was seen
01:08:56make identification
01:08:58far from absolute.
01:09:00I mean,
01:09:01both the victim
01:09:01and his father
01:09:02have stated
01:09:03with very much conviction
01:09:05that they recognised
01:09:06the defendant.
01:09:08Now, the other witness
01:09:09who had an equally good sight
01:09:11of the assailant
01:09:11says that she could not
01:09:13possibly make
01:09:14a positive identification.
01:09:17Now, you must bear in mind,
01:09:18members of the jury,
01:09:19of course,
01:09:19that that witness
01:09:20was not well acquainted
01:09:21with the defendant
01:09:22and could therefore
01:09:24be expected
01:09:25to recognise anything familiar
01:09:27about his movements.
01:09:29But also,
01:09:29you must bear in mind,
01:09:30the possibility
01:09:32that in those terrifying
01:09:33few seconds,
01:09:34the victim
01:09:35and his father
01:09:36were mistaken,
01:09:38genuinely mistaken,
01:09:39in believing
01:09:40that the masked man's
01:09:42movements and way
01:09:43of running
01:09:43were indisputably
01:09:45those of the defendant.
01:09:47Now,
01:09:48the lack of evidence
01:09:49makes it
01:09:50all the more important
01:09:51to consider
01:09:52the question
01:09:53of motive.
01:09:54what you must decide
01:09:56is whether
01:09:58the personal malice
01:09:59between the defendant
01:10:00and his cousin
01:10:01has been proved.
01:10:03Now, if the answer
01:10:04is yes,
01:10:05then you must decide
01:10:06whether that malice
01:10:07was such
01:10:08as to provoke
01:10:09the defendant
01:10:09to an act of violence
01:10:11with which he's charged.
01:10:13Now, you've heard
01:10:14one witness say
01:10:15that she did not believe
01:10:16that the defendant
01:10:16could commit
01:10:17such an act of violence,
01:10:19and that testimony
01:10:20carried all the more weight
01:10:21because it came
01:10:22from the victim's mother.
01:10:25It's been a suggestion
01:10:26of the defense
01:10:26that the attack
01:10:27was for the purpose
01:10:28of robbery.
01:10:30And, indeed,
01:10:31one witness said
01:10:32that after the substance
01:10:33had been thrown
01:10:34into the victim's face,
01:10:36the assailant
01:10:36moved forward
01:10:37as if to do
01:10:38something else.
01:10:40What else?
01:10:42Was it to rob
01:10:42or was it not?
01:10:44It doesn't prove
01:10:45intent to rob.
01:10:47But, jury,
01:10:48you must, I'm afraid,
01:10:50bear in mind
01:10:51the possibility
01:10:51regrettably
01:10:52this sort of crime,
01:10:54that is to say
01:10:55robbery after
01:10:56an initial act
01:10:58of violence
01:10:58is not uncommon
01:11:00these days.
01:11:02Now, finally,
01:11:03I must say to you
01:11:03members of the jury
01:11:04this.
01:11:06You must ask yourselves
01:11:07after weighing
01:11:09the evidence
01:11:09of both sides
01:11:10if you have been
01:11:12convinced beyond
01:11:13all reasonable doubt
01:11:14that it was
01:11:16the defendant
01:11:16and none other
01:11:17who caused
01:11:19grievous bodily harm
01:11:20to his cousin.
01:11:22Only then
01:11:23should your verdict
01:11:24be one of guilty.
01:11:27And now,
01:11:28members of the jury,
01:11:29would you please retire
01:11:30to consider your verdict?
01:11:32All stand.
01:11:33members of the jury,
01:11:46will your foreman
01:11:46please stand?
01:11:49Answer this question,
01:11:51yes or no.
01:11:52Have you reached a verdict
01:11:53upon which you are
01:11:54all agreed?
01:11:55Yes.
01:11:56Do you find the prisoner
01:11:57of Brian Collings
01:11:57guilty or not guilty
01:11:59of causing
01:11:59grievous bodily harm?
01:12:01Not guilty.
01:12:04Brian Collings,
01:12:05you have been acquitted
01:12:06of the jury.
01:12:08next week,
01:12:27a chance for you
01:12:27to join another jury
01:12:28in assessing the facts
01:12:29when our cameras return
01:12:31to watch a leading case
01:12:32in the Crown Court.
01:12:33The Crown Court
01:12:36is a date
01:12:38for you
01:12:43and the grand jury
01:12:44is an honor
01:12:44to watch a leading case
01:12:45in the House
01:12:46of the Night Court.
01:12:47And now,
01:12:48the late and the way
01:12:49is a long-term
01:12:49and the late and the December
01:12:49of the Day
01:12:51of the Night Court
01:12:51is a number of
01:12:52the details
01:12:52on the behalf
01:12:53of the Night Court.
01:12:53The Night Court
01:12:54is a way to
01:12:55the effort
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