Crown Court - Espionage (1972) - video Dailymotion

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Crown Court: the gripping courtroom drama from the 1970s and 1980s.  Foreign Office employee Margaret Terson took top-secret documents back to her home while she was dating the East German businessman Hans Muller. The prosecution claims that Muller, a communist, was a spy. Miss Terson, who had been under police surveillance during her dalliance with Muller, is now accused of breaching the Official Secrets Act. Sylvia Kay stars as the defendant. Lots of Doctor Who alumni in this one: Godfrey Quigley was Dortmun in the second Dr Who film with Peter Cushing, Morris Perry was in Colony in Space, Michael Wolf was in The Moonbase and Richard Mathews was Rassilon in The Five Doctors!

Transcript

00:00:00you

00:00:18at Fullchester Crown Court Margaret Tusson a senior official in the Foreign Office stands accused of

00:00:28offences under section 2 of the Official Secrets Act it is alleged that she conducted herself in

00:00:33such a way as to endanger the safety of secret documents entrusted into her care Miss Tusson

00:00:39is pleading not guilty acting on information received special branch police officers maintained

00:00:45a close surveillance on her when it was learned that she had formed a relationship with the young

00:00:49East German Hans Muller Muller was part of an East German trade delegation visiting Britain they were

00:00:56followed to various places and eventually police officers armed with a search warrant entered Miss

00:01:02Tusson's flat they discovered Muller in a room with the defendant in addition they also found

00:01:07documents classified secret which had been taken by Miss Tusson from her office the prosecution led

00:01:14by Jonathan Fry QC has opened its case and inspector Collings of the special branch has just been sworn

00:01:20to the defendant's arrest yes sir on June the second of this year as a result of information I had

00:01:45received I was maintaining a close surveillance on Miss Tusson what is a close surveillance around the

00:01:51clock 24 hours yes sir we divided the day into three eight-hour shifts I was accompanied by Sergeant

00:01:57Rawlings on June the fourth she met a man in town greeted him in a friendly manner they went into a

00:02:04restaurant after eating they visited a cinema and after that he took her home in a taxi and left her at the

00:02:10entrance to the building where Miss Tusson maintains a flat the name of the man was Hans Muller what

00:02:21country was he from inspector East Germany and did you find out what he was doing in this country

00:02:26yes sir he said that he was a member of a trade delegation visiting Britain to foster better trade

00:02:32relations really that's what he said sir well lord if my learned friend is a witness in this case I have

00:02:38no objections to his ironic asides and however if he is not a witness I submit he can find himself to

00:02:44his role as advocate yes mr. Elliot go on mr. Fry you were recounting your surveillance of the accused

00:02:50inspector yes sir the defendant met Muller on several subsequent occasions until July the first when he

00:02:57entered her flat for the first time were you present on all these occasions with sergeant Rawlings yes my

00:03:02lord I saw this if that's what you mean was the defendant with Muller when he entered her flat yes they

00:03:08arrived in a taxi they had a conversation outside and then they went into the building what time was

00:03:13this at 11 28 p.m. did the defendant leave her flat that evening no sir did Muller leave the flat that

00:03:19evening no sir what time did he leave at 8 12 the next morning would you now refer to the events leading

00:03:26to the defendant's arrest on the 7th she met Muller again on the 8th and again on the 11th did Muller again

00:03:33spend the night in mrson's flat yes on two occasions go on please inspector on september the

00:03:3910th i received certain information about a set of documents classified secret lord there will be

00:03:45evidence that these documents have been signed out to mrson and that they were missing from the

00:03:48safe where they were supposed to be kept while they were in her care what did you do inspector

00:03:52i applied for a search warrant intending to enter mrson's flat the next time that Muller visited her

00:03:57why did you want to search her home well at 6 10 p.m. on the 10th miss terson was seen leaving the

00:04:04office with a special foreign office briefcase did you report this fact oh yes sir and then after i'd

00:04:10received certain information i obtained a warrant to enter her flat the next time that they were seen

00:04:14together this certain information i'm sure my learned friend would not object was that the documents

00:04:19were missing yes sir go on please on the night of the 11th the defendant and Muller entered her flat

00:04:25at 10 15 p.m. at 10 45 i knocked on the door accompanied by sergeant Rawlins the door was opened by

00:04:34miss terson i showed her the search warrant explained who i was and the purpose of my visit

00:04:39did you search the flat yes sir in the living room where Muller was seated there was an open drawer in

00:04:45a writing desk and in the drawer i saw several documents stamped with a secret classification lord

00:04:51there would be evidence that these were the documents that were missing from miss terson's safe

00:04:55did she say anything inspector i cautioned her and told her that i was arresting her

00:04:59she said i have nothing to say Muller spoke to her in german something which i couldn't understand

00:05:05she nodded and she said nothing more until she was taken to the police station

00:05:09and there she was formally charged with offenses under the official secrets act

00:05:13by that time her solicitor had joined her did the defendant make any statement after she'd been charged

00:05:18yes sir she said this is all a ridiculous mistake i'm innocent

00:05:23thank you

00:05:24well that's at once go to the nub of your evidence inspector when you entered miss terson's flat

00:05:33yes

00:05:34what was hans mooler doing

00:05:36he was sitting down

00:05:38where

00:05:38on the sateen

00:05:40where in the room inspector geographically in which location

00:05:43in front of the fireplace

00:05:45not at the writing desk

00:05:46no sir

00:05:48can you recall if hans mooler was doing anything while seated in front of the fireplace

00:05:52well the record player was on and i think he was listening to music

00:05:57listening to music

00:05:59yes

00:05:59and it's right is it not that at no time did you see hans mooler anywhere near the writing desk

00:06:04which contained the classified documents

00:06:06well they were lying in an open drawer of the writing desk

00:06:09i don't care if they were pinned to the lid inspector

00:06:12the fact is when you entered the flat

00:06:13hans mooler was not looking at them was he

00:06:16not when i entered sir no

00:06:17inspector you know better than that

00:06:21now let's keep speculation out of this courtroom please

00:06:24did either miss terson or hans mooler say anything to suggest that he had been looking at them

00:06:30no sir

00:06:31no did you see him look at them

00:06:32no

00:06:33no did you find any photographic equipment on hans mooler

00:06:35no

00:06:36no

00:06:36did you find any evidence on him to suggest

00:06:38that he was planning to copy the documents

00:06:40no

00:06:41have you had much experience in espionage work inspector

00:06:45some

00:06:48in your experience

00:06:51what's the most difficult part of your job

00:06:54catching spies in the act

00:06:56you mean at the decisive moment

00:06:59when one person hands material over to another

00:07:01yes

00:07:02now why is it necessary to catch them doing this

00:07:05well to prove that the offence has been committed

00:07:08the documents were found to be missing on september the 10th at 7pm

00:07:14approximately

00:07:15what time did you obtain the search warrant

00:07:17within the hour

00:07:18so you and your staff kept close surveillance on miss terson for

00:07:2224 hours before taking any action

00:07:25that's true

00:07:26and do you think she was aware that she was being watched followed by you

00:07:30i'm positive she wasn't

00:07:32during those 24 hours miss terson and hans mooler were together in a number of places

00:07:37the park for example

00:07:39quiet

00:07:40unobserved

00:07:41and miss terson could have handed the documents over then could she not

00:07:45well that's true

00:07:46but although miss terson had the opportunity to hand the documents over or

00:07:49at least let mooler see the documents

00:07:51she didn't do so did she

00:07:53no not while they were in such places where we had them under direct observation

00:07:58you kept them under surveillance all this time and took no action because you hoped to catch them in the act

00:08:04of course

00:08:04without success

00:08:05when you finally entered the flat you did catch them

00:08:08yes

00:08:08listening to music

00:08:10will you remind us inspector

00:08:16of the time at which mooler and miss terson entered her flat on the night of september the 11th

00:08:22at 10 15 p.m

00:08:2410 15 p.m and you entered at

00:08:2610 45

00:08:27ample time in fact

00:08:29for the documents to be shown

00:08:31yes sir

00:08:33commander riley

00:08:50would you give us your full name please

00:08:52augustus james riley

00:08:54and where do you live

00:08:56number three

00:08:57apple close

00:08:58fullchester

00:08:58i believe that you are miss terson's immediate superior in her department and that your duties include security

00:09:03yes that's right

00:09:04i believe that you also had responsibility for the investigation into miss terson's conduct

00:09:08between june and september last

00:09:10yes that's right

00:09:11i initiated the inquiry

00:09:12did you make any inquiry about hans miller

00:09:14yes

00:09:15i found he was from east germany and that he was a communist party member

00:09:19wonder what is the accepted procedure for civil servants when they associate with someone who is regarded as potentially hostile to the british government

00:09:25file a short report on why the meetings took place and briefly what transpired

00:09:30did miss terson do that

00:09:31no

00:09:32well had you given her any instructions to get into contact with members of the east german trade mission

00:09:37no

00:09:38rather it was said against you that all that miss terson did wrong

00:09:41was to fail to report on her meeting with miller presuming it was nobody's business but her own

00:09:45and to take classified documents from their proper place

00:09:48with respect

00:09:48that's nonsense

00:09:50so the correct procedure

00:09:51even for a senior civil servant like miss terson

00:09:53was to file a report on her meeting with such a man as miller

00:09:57yes

00:09:58thank you

00:09:59would you remain there please

00:10:00do you know many senior civil servants who break security rules commander

00:10:08i don't know any

00:10:10miss terson will be gratified to hear that

00:10:13except the defendant

00:10:16you seem well informed as to what your fellow workers do and do not do

00:10:21we know it happens that senior civil servants take home classified papers to work on

00:10:26they usually have a safe to keep them in

00:10:27however

00:10:28they do not bring communists back to their houses at the same time such papers are there

00:10:33well suppose you heard of someone taking home

00:10:36a confidential or secret documents

00:10:38even if they had a safe

00:10:40what would you do

00:10:41i should ask them to stop

00:10:43that's all

00:10:45yes

00:10:46why did you not ask miss terson to stop

00:10:49before she removed the documents she was already under surveillance because of a

00:10:55suspect relationship

00:10:57was it because you wanted to accumulate circumstantial evidence the evidence of association

00:11:01i was not conducting a witch hunt

00:11:03why didn't you stop her the day she left her office carrying the papers

00:11:06in the briefcase so carefully noted by your watchdogs

00:11:10why didn't you simply ask her to return the papers

00:11:14why let her go home and know when you knew full well that she was engaged in

00:11:18to use your words

00:11:19a suspect relationship

00:11:21for a simple and obvious reason

00:11:24we didn't know she was carrying them until the search was made later and they were discovered

00:11:28to be missing

00:11:29you didn't recognize the special foreign office briefcase

00:11:32how would you categorize your job commander

00:11:35that could take all day

00:11:37yes it could

00:11:38first in relation to security

00:11:41may i attempt to keep it

00:11:43do you keep secrets secret

00:11:46if you like

00:11:47you see why i ask

00:11:49it appears from this case that you were prepared to wait until secrets were given away

00:11:52before you acted

00:11:54i don't follow you

00:11:56the prosecution hold

00:11:58that miss terson allowed an unauthorized person

00:12:01to see classified documents

00:12:02they're saying she gave away secret documents

00:12:05what is your point

00:12:08well my point's quite simple

00:12:09if you were doing your job

00:12:12keeping secrets safe

00:12:14surely you would have spoken to miss terson when her suspect relationship became known to you

00:12:19now what i fail to understand in this entire business is that you allowed her to continue seeing someone whom you had judged unsuitable

00:12:25without ever once asking her for an explanation of her actions

00:12:28if a person becomes a security risk they must be removed one cannot do so without proof

00:12:35so now we come to the preposterous notion that in order to maintain security

00:12:40we must wait until someone destroys it before taking any action

00:12:44may seem preposterous to you

00:12:46it's all part of a most frustrating invidious but essential job of work that anybody with security responsibilities is required to carry out

00:12:56yes but the fact remains nobody approached miss terson during these long months of surveillance to tell her to stop seeing hans muller

00:13:01no

00:13:02no

00:13:02you say you waited for her to break the law

00:13:05to conduct herself in such a way as to endanger the country and these papers

00:13:08which she did

00:13:09commander

00:13:11surely that's what we're here to determine

00:13:13and once again i ask

00:13:18why did no one

00:13:19suggest to miss terson that she should stop seeing hans muller

00:13:23the fact that she herself did not report on her activities was in itself incriminating and worth investigation

00:13:35commander reilly

00:13:37what is the policy

00:13:38when someone such as a civil servant who has access to secret material

00:13:42forms a friendship with a person known to be a communist

00:13:45usually my lord they are reminded of the professional hazards involved and told to stop

00:13:50but in this case there was evidence to suggest there was more to it than that

00:13:55more to it than what

00:13:56we had reason to believe that muller was a spy and that miss terson was cooperating with him to divulge restricted information

00:14:04all the more reason to tell her to stop seeing him i thought

00:14:07all the more reason to prove our suspicions and thereby remove an untrustworthy employee of the government

00:14:12commander why do you believe hans muller to be a spy

00:14:14i am not at liberty to say in open court

00:14:16does your information come from an intelligent source

00:14:20i am not at liberty to say in open court

00:14:22muller i request that the court be cleared so that we may hear this evidence

00:14:25i am extremely reluctant to adopt such a procedure mr elliot

00:14:29unless it proves absolutely necessary

00:14:31muller

00:14:33all right commander let's try it this way

00:14:38why did you assume that miss terson would cooperate with this alleged spy

00:14:43are you at liberty to say why commander

00:14:50i'm sorry my lord if i upset miss terson's sensibilities

00:14:55i think the mere fact for presence here has already done that

00:14:58i had come to the conclusion that miss terson was infatuated with muller

00:15:03her cooperation with him seemed very likely

00:15:05could you substitute the words in love with for infatuated

00:15:07yes

00:15:08your conclusion was definite i take it

00:15:11why else did she fail to report her association

00:15:14after an immaculate career 18 years or more in public service she neglects the most basic rules of her profession

00:15:22and compounds that by taking classified papers out of her office where muller could see them

00:15:26that in my view suggests infatuation

00:15:29in your view

00:15:30i can't think of any other explanation

00:15:32i can commander

00:15:33i suggest miss terson fell in love with hans muller and he with her

00:15:37i suggest that at no time did miss terson contemplate treason

00:15:41all she is guilty i was taking documents home without authority

00:15:43i suggest hans muller did not see the documents nor had any interest in seeing the documents

00:15:47and i further suggest that you and your staff have put two and two together and you've come up with five

00:15:51you say you have reason to believe that muller was a spy

00:15:57but since you did not detain him

00:15:59and since you are not at liberty to give this court

00:16:02proof

00:16:03of your allegations

00:16:04you cannot expect this jury

00:16:06to accept your assumptions

00:16:08commander

00:16:15could we go further into miller's background if the court were cleared

00:16:18i should need to get instruction on that point

00:16:22mr fry

00:16:23why was this not given in evidence in chief

00:16:26it's a question of obtaining authority my lord

00:16:27if an authority could be obtained i would like to recall the commander at a later stage

00:16:31very well commander

00:16:35you may leave the witness box

00:16:37call over james marty

00:16:40what religion are you doing

00:17:00so the bible in your right hand

00:17:03and read the words on the card

00:17:04i swear by almighty god the evidence i shall give shall be the truth

00:17:08the whole truth

00:17:09and nothing but the truth

00:17:11you are herbert james barclay

00:17:14yes

00:17:15you live at mapleton house little wingrove near fortchester

00:17:18yes

00:17:18what is your profession mr buckley

00:17:20i'm a member of her majesty's diplomatic service

00:17:23which department are you currently serving in

00:17:24classification of documents

00:17:26were you doing this last september

00:17:27yes

00:17:28would you explain to the court what that involves

00:17:30well

00:17:31i'm responsible for putting the various classified marking

00:17:35on material thought to need it

00:17:37would you tell the jury exactly what that means

00:17:39for instance

00:17:41a lot of reports come in from various sources

00:17:44which are recommended to have a restricted circulation

00:17:48my job is to see they get it

00:17:50what kind of mark do you put on the papers

00:17:52we use mainly the words top secret

00:17:55secret

00:17:56confidential

00:17:58or restricted

00:17:59according to their priority

00:18:01is this clearly marked

00:18:02very

00:18:03on every page

00:18:03yes top and bottom

00:18:04would it be easier to overlook this classification

00:18:06perhaps if you're blind

00:18:09we don't mark in braille

00:18:11i would like you now to look at exhibit one

00:18:13the papers over there

00:18:15the jury all have copies

00:18:18do you recognize these papers mr barclay

00:18:25yes

00:18:27they are marked secret

00:18:28yes

00:18:29without going into their contents would you tell the court what they are

00:18:31they are part of a report from one of our embassies abroad

00:18:35did they come through your department when they arrived

00:18:38yes

00:18:38did they arrive with the secret classification which they now possess

00:18:41no

00:18:42would you explain please

00:18:43the embassy was asked to report on the subject involved

00:18:47they did so and sent back two or three pages

00:18:50their contribution

00:18:52was not classified

00:18:54because it was not regarded as any more than open stuff

00:18:58by open do you mean that anybody could read it

00:19:00yes

00:19:01go on please

00:19:01then the report was added to by people in this country

00:19:05and the comments analyzed

00:19:07it was then that the secret mark was put on

00:19:10by whom

00:19:11by me

00:19:12just you

00:19:12well no i i took advice of course

00:19:15but it was my decision

00:19:17the final say so was mine

00:19:19and what happened to these papers after they had been classified

00:19:21well they were put into a folder marked secret

00:19:23and

00:19:24circulated to the various departments who were interested in the subject

00:19:28did these include miss terson's department

00:19:30yes they did

00:19:31at each place where they rest are there appropriate security precautions to cater for the sensitivity of the material

00:19:36yes

00:19:36each office has a combination safe

00:19:39anything as highly restricted as this will be put in it at the end of the day

00:19:44or indeed

00:19:45whenever the office is left vacant for any period of time

00:19:47did miss terson have such a say

00:19:49yes

00:19:49on september the 10th last were you contacted with relation to some of the things to do with your office

00:19:55yes

00:19:55or would you briefly tell us what it was all about

00:19:57i was telephoned at my home by the security department

00:20:00i went back into the office

00:20:03and collected my register

00:20:04and then i went round to see

00:20:06commander riley

00:20:07and

00:20:08other security staff

00:20:09what is the purpose of the register

00:20:12it gives the

00:20:13circulation progress

00:20:15of classified documents

00:20:17yes

00:20:18well it appears that

00:20:20a search should be made for these

00:20:22i found in my register

00:20:24that miss terson had signed for these documents

00:20:27well there are copies of the register but i won't trouble the jury with them unless my lonely friend wishes it

00:20:31thank you mr barclay would you stay there please

00:20:33mr barclay i'm not going to ask you who sent which set of papers to which department that doesn't interest me

00:20:39very well

00:20:40i'm much more intrigued by your duties as a classification expert

00:20:44i am not

00:20:45an expert

00:20:46as far as this court's concerned you are sir

00:20:48now then let's turn to this business of the final say so

00:20:52you say you take advice

00:20:54on how to mark a document but the final decision is yours correct

00:20:58yes

00:20:59after taking advice you decided to mark

00:21:02these papers exhibit number one secret

00:21:05yes

00:21:05when you choose the word secret

00:21:08what does that imply

00:21:10well

00:21:11god forbid i should ask you to divulge vital information mr barclay

00:21:14just generally

00:21:16it means that the contents are such

00:21:19that if they were made known to an unauthorized person

00:21:22it could put the state in great danger

00:21:25yes i know that what exactly

00:21:29sorry mr barclay i interrupted you please go on

00:21:32i was merely going to say i know that sounds melodramatic

00:21:35the words are not to be taken literally

00:21:37i hardly think that

00:21:40this country would be destroyed if this material were leaked

00:21:43nevertheless harm would most certainly be done

00:21:46sometimes the word secret is to protect the originator of the report

00:21:51to stop his identity being made known

00:21:53i see no originator's name here

00:21:56there isn't

00:21:58yes sir it was the analysis that sent this into the rarefied areas of secret

00:22:01and the additional material

00:22:03well mr barclay i take your point to classify something secret does not necessarily mean

00:22:07that we're all due for extinction if this thing this document

00:22:09were leaked

00:22:10but the originator might be endangered by it

00:22:13yes

00:22:13mr barclay

00:22:16suppose i were to ask you to read aloud this document in the court

00:22:21i should have to refuse i could not do that in open court

00:22:25why

00:22:25well as i've already said

00:22:28it's highly classified material

00:22:31the classification you ordered

00:22:32yes

00:22:33why did you order it thus

00:22:34i thought we'd been into all this

00:22:38bear with me mr barclay

00:22:39why

00:22:40my reasons for classifying this document secret

00:22:46are themselves secret

00:22:48mr barclay

00:22:51as to this

00:22:52document you thought fit to call secret

00:22:55there's danger to the state

00:22:56i have here

00:22:58a copy

00:23:00of an article from a foreign newspaper

00:23:02now this predates your secret report mr barclay

00:23:06and it's almost a word for word description on the self-same subject

00:23:09now there's almost nothing in your secret report

00:23:12that's not contained in this article

00:23:14now what i want this court to hear

00:23:17is how it can be that in one form

00:23:20this information is available to anyone

00:23:22with the price of a newspaper

00:23:23and in another form

00:23:25it's extremely damaging and dangerous to national security

00:23:30if seen by unauthorized persons

00:23:32i cannot answer that question in open court

00:23:36i must insist that you do mr barclay

00:23:39may i respectfully ask for the court to be cleared

00:23:41if the defense insists on pursuing this lie

00:23:43my lord i oppose any motion by my learned friend

00:23:45to have this evidence heard in camera

00:23:46i ask this question

00:23:48not only on behalf of my client

00:23:49but also on behalf of the public

00:23:51lord this is an irrelevant issue

00:23:52notwithstanding the contents

00:23:53i submit that the defendant

00:23:54clearly showed a classified document

00:23:56to someone who was not authorized to see it

00:23:59for my client

00:24:06uważ at業界

00:24:06the Hor कbags

00:24:06for the first recording

00:24:07the master you're needed

00:24:08for the third recording

00:24:09the master you're needed

00:24:11the master you're needed

00:24:13the master you're needed

00:24:14to tell him

00:24:15bothерific

00:24:16one

00:24:17uh

00:24:19the master night

00:24:19the master you're needed

00:24:21didn't Eğer

00:24:21you're an ah

00:24:22the master you're needed

00:24:23the master you're

00:24:24they're up

00:24:25the master you're needed

00:24:26the master you're needed

00:24:27During the first day of the trial of Margaret Turson,

00:24:37accused of passing secret information to an alleged foreign agent,

00:24:41the court contained some heated moments

00:24:43when the defence, led by James Elliott, QC,

00:24:46opposed prosecution's application to the judge

00:24:48to have the court cleared while certain evidence was heard.

00:24:52The moment arrived as the defence was cross-examining Mr Barclay,

00:24:55a foreign office official who had classified as secret

00:24:58the documents Miss Turson is supposed to have allowed a friend,

00:25:01Hans Müller from East Germany, to see.

00:25:04Elliott dropped a bombshell in court

00:25:06when he produced a photostat of a newspaper article

00:25:09which he claims to contain all the information in the secret document.

00:25:14He has asked for a comparison to be made in public hearing,

00:25:17which will of course mean that the secret papers will be read out.

00:25:21Prosecution, led by Jonathan Fry, QC,

00:25:23has asked for this to take place in private, behind closed doors.

00:25:28The court adjourned for the evening.

00:25:30Mr Justice Waddington said he would decide this morning

00:25:32when the case continues.

00:25:34The question arose before we adjourned yesterday

00:25:49about hearing certain evidence in camera

00:25:51because of its classified nature.

00:25:54I recall that a decision in the House of Lords in 1913

00:25:57allows evidence in court to be taken in private

00:26:00depending upon the confidentiality of that evidence.

00:26:03However, I intensely dislike,

00:26:06barring the press and public from my court,

00:26:09and after much consideration,

00:26:11I do not intend to do so today

00:26:12if it can possibly be avoided.

00:26:14May I please, Your Lordship.

00:26:15Yes, Mr Wright.

00:26:16The defendant is charged with endangering the safety

00:26:19of a document entrusted to her in confidence.

00:26:21In my submission, it is quite wrong of the defence

00:26:23to seek to inquire into the contents of the document.

00:26:25It was marked secret

00:26:26and was therefore entrusted to her in confidence.

00:26:29Do you agree that this is irrelevant, Mr Elliot?

00:26:32With respect, my Lord, it's most relevant.

00:26:35Look, it doesn't matter if the Foreign Office

00:26:36chooses to stamp a national news bullet in secret.

00:26:39Miss Tesson must have been aware

00:26:40that it was a classified document.

00:26:41It was therefore given to her in confidence.

00:26:43My Lord, the defence in this case states

00:26:45that Hans Muller did not look at these documents

00:26:47nor had any interest in seeing these documents

00:26:49while they were admittedly wrongfully in Miss Tesson's flat.

00:26:51Wrongfully?

00:26:52And that, my Lord, is the basis of this whole case?

00:26:54With respect, my Lord, it is not.

00:26:56Now, if Miss Tesson had copies of news bulletins,

00:26:58she would not be in her flat when the police raided.

00:27:01She would not be in this courtroom today.

00:27:02If it was, I repeat, marked secret, she would be.

00:27:05Well, all the more reason, my Lord,

00:27:06to question the authorities in marking it secret.

00:27:08They cannot claim infallibility of the papal kind

00:27:10if, say, they made a mistake,

00:27:13used the wrong stamp

00:27:15and thus caused an innocent person

00:27:16to be charged with the most serious offence.

00:27:19Surely this court has a duty to probe such a mistake.

00:27:22We do not maintain a mistake was made in this case.

00:27:23Yes, ma'am.

00:27:25Mr. Elliott,

00:27:30the matter is clear enough to me,

00:27:32members of the jury.

00:27:34In case you find yourselves confused

00:27:35by this quarrel between counsel,

00:27:38I will restate for you the law which concerns us.

00:27:41Miss Tesson is accused of conducting herself in such a way

00:27:44as to endanger secret documents entrusted to her care.

00:27:47The police have stated that the documents and Herr Müller

00:27:51were both found in her flat at the same time

00:27:53and the documents were in an open drawer.

00:27:57The prosecution has alleged that Miss Tesson had shown

00:28:00or intended to show the documents to Müller

00:28:02and they say that by removing these documents from the office safe

00:28:06and taking them home in this way,

00:28:09she endangered their safety.

00:28:12The validity of the secret classification

00:28:15is a different question entirely.

00:28:19Let's have Mr. Barclay back in the witness box.

00:28:22Oh, clearly the court will have to hear this evidence in camera.

00:28:25Will you clear the court, please?

00:28:26The court is clear, my lord.

00:28:54Mr. Barclay,

00:28:58yesterday you told this court

00:28:59that you were responsible for marking these papers secret.

00:29:03Yes.

00:29:04I now ask you

00:29:05to look at a copy of the newspaper article

00:29:08from Le Monde.

00:29:11Please.

00:29:16Did you have an opportunity to study this article

00:29:18during the adjournment?

00:29:20Yes, I did.

00:29:21Does it resemble the classified material?

00:29:23Yes.

00:29:24In fact, all the information contained in the documents

00:29:26found in Miss Tesson's flat

00:29:27is set up in this article, is it not?

00:29:30Yes, that's true.

00:29:31And do you agree it predates your secret report?

00:29:34Yes, by a week or more.

00:29:36Now, doesn't the existence of such an article

00:29:38invalidate the secret grading of the Foreign Office dispatch?

00:29:41Not at all.

00:29:42Why not?

00:29:43Why not?

00:29:45When a paper is classified within the Foreign Office,

00:29:49it is to denote to those people employed within the office

00:29:52that they must not disclose its contents.

00:29:57Perhaps the content of the paper is available elsewhere.

00:29:59That is irrelevant.

00:30:01An employee agrees by signing the Official Secrets Act

00:30:06not to pass on or intend to pass on

00:30:09or to endanger the safety of that particular paper

00:30:14which is marked secret or confidential.

00:30:17Mr. Barclay,

00:30:19do you doodle?

00:30:23I don't understand.

00:30:25What do you doodle?

00:30:26Suppose one morning

00:30:27at work

00:30:28there was a newspaper lying on your desk.

00:30:31In your hand

00:30:32was your rubber stamp

00:30:34with the word secret on its pad.

00:30:36In an idle, absent-minded moment

00:30:39you bring down the pad

00:30:40on the paper.

00:30:42Later on that day

00:30:43you take the newspaper home with you

00:30:47and you throw it away.

00:30:49Would you be committing an offence

00:30:51under the Official Secrets Act?

00:30:55Well, no.

00:30:57I mean...

00:30:59Precisely.

00:31:00Thank you, Mr. Barclay.

00:31:02No further questions.

00:31:04Mr. Barclay,

00:31:05I hope you have enjoyed

00:31:06as much as I have

00:31:07the feasts of red herrings

00:31:08provided by my learned and witty friend.

00:31:11Nevertheless,

00:31:12we have now established

00:31:13that the documents we maintain

00:31:14Miss Turson showed

00:31:15or intended to show to Hans Muller

00:31:17were validly marked secret.

00:31:20Was she bound by the Official Secrets Act

00:31:22not to do so?

00:31:24Yes, she was.

00:31:27Thank you, Mr. Barclay.

00:31:29And that's your Lordship.

00:31:30Is there any further questions?

00:31:31Mr. Barclay,

00:31:32I am impressed

00:31:33by your summary

00:31:34of the State of Affairs

00:31:35when you use

00:31:36a classified mark

00:31:37to signify

00:31:38that certain documents

00:31:39must be kept secure

00:31:40and restricted

00:31:41by the employees

00:31:42of the service.

00:31:43And I think

00:31:43we have heard enough

00:31:44about the possible

00:31:45fallibility

00:31:46of the marking

00:31:47of such material.

00:31:49Thank you, Mr. Barclay.

00:31:50You may leave the witness.

00:31:53Now, let us proceed

00:31:54from there.

00:31:55That, my Lord,

00:31:56is the case

00:31:56for the prosecution.

00:31:57Very well.

00:31:58Let the public

00:31:59be readmitted.

00:32:00I wish to call

00:32:03the defendant,

00:32:03Miss Margaret Tesson,

00:32:04please.

00:32:19Miss Tesson,

00:32:20until September

00:32:21the 11th of this year,

00:32:22you were an active member

00:32:24of the diplomatic service.

00:32:26Yes.

00:32:26How long were you

00:32:27employed in the service?

00:32:2918 years.

00:32:31Members of the jury,

00:32:32I shall not embarrass

00:32:33Miss Tesson

00:32:34by asking her

00:32:35to state

00:32:35what her civil service

00:32:36reports have

00:32:37consistently maintained.

00:32:39Namely,

00:32:40that her work

00:32:41has been of the

00:32:41highest competence

00:32:42and that her record

00:32:44is unblemished.

00:32:47Miss Tesson,

00:32:48how many overseas tours

00:32:49have you completed?

00:32:50In all, seven.

00:32:52When did you return

00:32:53from your last?

00:32:54About six years ago.

00:32:56Six years.

00:32:56Is that a long

00:32:57or a short time

00:32:58to remain posted at home?

00:33:00It's rather long.

00:33:02Do you prefer

00:33:03to work abroad

00:33:03or at home?

00:33:05Abroad.

00:33:06Do you like to travel?

00:33:07Yes.

00:33:08Is there any other reason?

00:33:10Yes.

00:33:11Will you please tell

00:33:11the court what it is?

00:33:13It's a personal matter.

00:33:15Please answer,

00:33:16Miss Tesson.

00:33:18When I was 23,

00:33:19I was engaged

00:33:19to be married.

00:33:21My fiancée

00:33:21was killed

00:33:22in a car crash

00:33:22in London.

00:33:24Since then,

00:33:24I've preferred

00:33:25to work abroad.

00:33:26For some reason,

00:33:27England persists

00:33:28in holding

00:33:28unhappy memories

00:33:29for me.

00:33:30And during

00:33:31the last six years,

00:33:31did you make inquiries

00:33:32as to why you didn't

00:33:33get another overseas post?

00:33:35No,

00:33:36there was no

00:33:36particular reason.

00:33:37It happens

00:33:38sometimes like that

00:33:39if there's a

00:33:39shortage of staff

00:33:40at home.

00:33:41Do you feel

00:33:41any resentment

00:33:42about remaining

00:33:43in England?

00:33:44No,

00:33:44none at all.

00:33:46Can we come to this matter

00:33:47of your taking

00:33:47classified papers

00:33:48home, will you?

00:33:49Yes.

00:33:50Are you aware

00:33:51that this is

00:33:51against regulations?

00:33:53Yes.

00:33:54But you were liable

00:33:54for a reprimand

00:33:55or perhaps worse

00:33:56if discovered?

00:33:57Yes.

00:33:59Do you take

00:34:00this kind of material

00:34:00home often?

00:34:01Yes.

00:34:03There's pressure

00:34:04at the office.

00:34:05Please explain that.

00:34:07Well,

00:34:07in order to complete

00:34:08the work

00:34:08that I don't have

00:34:08time for during

00:34:09the day.

00:34:10If it's busy

00:34:11at the office,

00:34:12phones ring

00:34:13and people

00:34:13constantly come in

00:34:14and out.

00:34:14One's always

00:34:15having to leave

00:34:15the work in hand

00:34:16to do something

00:34:17more immediate.

00:34:18Do many people

00:34:19take work home?

00:34:20Papers that,

00:34:21strictly speaking,

00:34:22should remain

00:34:22under lock and key.

00:34:27It happens.

00:34:28I see.

00:34:31Very well,

00:34:32Miss Tesson.

00:34:32You agree

00:34:33that owing to

00:34:34the pressure of work

00:34:34you broke the rules

00:34:35and took classified

00:34:36material home with you

00:34:37to complete in the

00:34:37peace and quiet

00:34:38of your home?

00:34:39Yes.

00:34:41Now,

00:34:41when did you first

00:34:42meet Hans Muller?

00:34:44It was in

00:34:45April sometime,

00:34:46I think.

00:34:47Was that this year?

00:34:48Yes.

00:34:49Where did you meet him?

00:34:51At a party.

00:34:52Was that an official

00:34:53party,

00:34:53a diplomatic reception?

00:34:55No,

00:34:55it was at the

00:34:56House of some friends.

00:34:56Did you know

00:34:58he was from

00:34:58East Germany?

00:35:00Yes.

00:35:01From the moment

00:35:01you met him?

00:35:03Yes,

00:35:03he made no secret

00:35:04of it.

00:35:05Did he tell you

00:35:05that he was a

00:35:06communist?

00:35:07No.

00:35:07Why not?

00:35:08For the simple

00:35:09reason that he

00:35:10is not a

00:35:10communist.

00:35:11But he was a

00:35:12member of an

00:35:12official trade

00:35:13delegation visiting

00:35:14this country with

00:35:14a view to

00:35:15improving economic

00:35:16relations with

00:35:18the East German

00:35:18government.

00:35:20We didn't talk

00:35:21very much about

00:35:22politics.

00:35:22He told me

00:35:23privately that he

00:35:24didn't hold

00:35:24communist views

00:35:25because it's

00:35:26unwise to

00:35:27publicize that

00:35:28sort of thing

00:35:28where he comes

00:35:28from.

00:35:29We decided

00:35:30not to pursue

00:35:30the matter.

00:35:31Of course.

00:35:32And you

00:35:33believed him?

00:35:34Yes.

00:35:35I saw no

00:35:36reason not to.

00:35:37Miss Tesson,

00:35:38did you report

00:35:38your friendship

00:35:39with Hans

00:35:39Muller?

00:35:41No.

00:35:42Why not?

00:35:43Because if I

00:35:44had, I would

00:35:46have been asked

00:35:46to end it.

00:35:47Were you

00:35:48prepared to do

00:35:48this?

00:35:50No.

00:35:52Sorry,

00:35:52Miss Tesson,

00:35:53I don't think

00:35:53the jury heard

00:35:54that.

00:35:55No, I was

00:35:57not.

00:35:58Did it not

00:35:58occur to you

00:35:59that your

00:35:59association with

00:36:00Muller might

00:36:00give rise to

00:36:01suspicion and

00:36:01possibly affect

00:36:02your career?

00:36:04Yes.

00:36:05Why then continue

00:36:06seeing him?

00:36:08Because I was

00:36:09in love with him.

00:36:10Did you fall in

00:36:11love at once?

00:36:12Was it, forgive

00:36:13the cliche,

00:36:15love at first

00:36:15sight?

00:36:16If not first,

00:36:19second.

00:36:21He made an

00:36:21impression?

00:36:22Yes.

00:36:24When were you

00:36:24aware that you

00:36:25were in love

00:36:25with Hans

00:36:26Muller?

00:36:27About a week

00:36:28after meeting

00:36:29him.

00:36:30That would be

00:36:30the beginning

00:36:31of May?

00:36:32Something like

00:36:33that, yes.

00:36:34Did you

00:36:35immediately develop

00:36:36a sexual

00:36:36relationship?

00:36:38No.

00:36:39Was it ever

00:36:40discussed?

00:36:42If you mean,

00:36:43did Hans try to

00:36:44persuade me to

00:36:44sleep with him?

00:36:46No, he

00:36:47didn't.

00:36:48When did you

00:36:48start your

00:36:49sexual affair?

00:36:50Some weeks

00:36:51later.

00:36:52I believe the

00:36:52police have a

00:36:53note of the

00:36:54time and the

00:36:55date.

00:36:55Yes, 1128 on

00:36:57July the 1st,

00:36:58they say.

00:36:59During your

00:37:00subsequent meetings

00:37:01with Hans

00:37:01Muller when he

00:37:01visited your

00:37:02flat, were you

00:37:03then bringing

00:37:03classified documents

00:37:04home with you?

00:37:05Yes.

00:37:07Were you not

00:37:07aware how serious

00:37:08this would seem

00:37:09to your superiors?

00:37:11Well, I...

00:37:12I didn't give it

00:37:13very much thought.

00:37:15Or someone like

00:37:16yourself.

00:37:17With such a

00:37:18distinguished record,

00:37:19surely it must have

00:37:19struck you, the

00:37:20hazards.

00:37:22I mean, here was a

00:37:23person from a

00:37:24communist state whom

00:37:25you permitted to

00:37:25your flat whilst you

00:37:26were in possession of

00:37:27confidential documents.

00:37:29Mr. Elliot, I've been

00:37:30working for the

00:37:31diplomatic service for

00:37:3218 years.

00:37:33During that time, I've

00:37:34been approached on all

00:37:35sorts of occasions by

00:37:36people hoping to dig

00:37:37out various bits of

00:37:38information.

00:37:40Believe me, I'm an

00:37:40old hand at spotting

00:37:41them.

00:37:42Hans Muller was not

00:37:43one of those people.

00:37:44I knew he was not.

00:37:45For me, that was

00:37:46sufficient.

00:37:47Would it be sufficient

00:37:48for your employers?

00:37:49It was none of their

00:37:50business.

00:37:52I decided after

00:37:52meeting Hans Muller

00:37:53that my personal life

00:37:56was of more

00:37:56importance than

00:37:57considered opinions of

00:37:59the security department.

00:38:01In other words, you

00:38:01were prepared to

00:38:02sacrifice your career

00:38:03for your love of this

00:38:04man?

00:38:04Yes, I was.

00:38:08Mr. Tesson, did Hans

00:38:10Muller ever show any

00:38:12interest, any interest

00:38:13at all, in your

00:38:14official life?

00:38:15Never.

00:38:16You felt confident

00:38:17within yourself that

00:38:18classified material you

00:38:19took home would not be

00:38:20secretly or openly

00:38:21examined by him?

00:38:23Hans Muller spoke no

00:38:25English.

00:38:26We used to converse in

00:38:27German.

00:38:28The documents were

00:38:29always in England.

00:38:30If he had seen them

00:38:31or glimpsed them on any

00:38:34occasion, he wouldn't

00:38:35have understood them.

00:38:36It would mean that

00:38:38you were not endangering

00:38:39the safety of those

00:38:40documents.

00:38:41Correct.

00:38:41Hans Muller could not

00:38:42understand them.

00:38:43Correct.

00:38:44The police maintained

00:38:45that when they entered

00:38:46your flat, the documents

00:38:47were lying in an open

00:38:48drawer.

00:38:50Yes, they were.

00:38:51Why was the drawer

00:38:52open?

00:38:53Well, I'd been looking

00:38:55for something when the

00:38:56police knocked.

00:38:57There were lots of

00:38:58drawers open.

00:38:59We'd been listening to

00:39:00the record player and I

00:39:01mislaid the pad used

00:39:02for cleaning it.

00:39:03I was looking for it

00:39:04when the police arrived.

00:39:05When the doorbell rang

00:39:07or when they knocked,

00:39:07were you alarmed?

00:39:08After all, it was

00:39:08fairly late.

00:39:10Well, I was puzzled.

00:39:12I don't usually get

00:39:13callers at that hour.

00:39:15Is there a lock on

00:39:16your desk at home?

00:39:18Yes.

00:39:18Do you normally use it

00:39:19when the desk is

00:39:20holding material from

00:39:21the office?

00:39:21Yes.

00:39:23A few more questions.

00:39:26Was Hans Muller

00:39:27in love with you?

00:39:29Hans Muller?

00:39:30Yes.

00:39:31He was.

00:39:32Was marriage discussed?

00:39:34Yes.

00:39:36We went away on holiday

00:39:37to Greece together.

00:39:39Hans mentioned the

00:39:41possibility.

00:39:42This would have meant

00:39:43giving up your profession.

00:39:45Yes.

00:39:47One final question,

00:39:48Miss Tess.

00:39:49Are you still in love

00:39:50with Hans Muller?

00:39:52Yes.

00:39:54I am.

00:39:55Thank you very much.

00:40:01Miss Tesson,

00:40:02you agree

00:40:03that you were at fault

00:40:04in bringing home

00:40:05this highly sensitive

00:40:06material with you?

00:40:08I cannot deny it.

00:40:10Indeed not.

00:40:10It was there in your flat

00:40:11when it should have been

00:40:12secure under lock and key

00:40:13in your office.

00:40:14Yes.

00:40:15Moreover,

00:40:15it was in a drawer

00:40:16which had a lock on it,

00:40:17yet the drawer was unlocked

00:40:18and standing open.

00:40:20Yes.

00:40:20Nevertheless,

00:40:21you deny endangering

00:40:22its safety.

00:40:23I do.

00:40:23You deny that you

00:40:24ever showed it

00:40:25or intended to show it

00:40:26to your lover.

00:40:28I do deny it

00:40:29most strongly.

00:40:31And let me ask you this.

00:40:32After your long

00:40:33and distinguished career,

00:40:34you must have been aware

00:40:34that to entertain a man

00:40:36from a communist country

00:40:37in a room containing

00:40:37secret documents

00:40:38that were not secure

00:40:39was the most damaging

00:40:40state of affairs

00:40:41should it be discovered

00:40:41by the authorities,

00:40:43even if you had no intention

00:40:44of showing them to him.

00:40:47Well, Miss Tesson.

00:40:48You said you were

00:40:49going to ask me a question.

00:40:51I'm sorry,

00:40:51I thought it was implicit

00:40:52if you would prefer

00:40:53not to make an answer.

00:40:55I was aware.

00:40:57Yet you went ahead

00:40:57and did it.

00:40:58I was confident

00:40:59that no damaging

00:41:01state of affairs existed,

00:41:02except in the minds

00:41:03of the security department.

00:41:04As far as your personal

00:41:05career was concerned,

00:41:06that was bad enough.

00:41:07I had given over

00:41:0918 years of my life

00:41:10to my career.

00:41:10I felt I owed myself

00:41:12a bit of consideration.

00:41:14Quite.

00:41:15But let me ask you this.

00:41:17You could have avoided

00:41:18the trouble in which

00:41:18you now find yourself

00:41:19by not bringing home

00:41:20secret documents

00:41:21when you were entertaining

00:41:22Herr Müller,

00:41:23couldn't you?

00:41:24If you'd observed

00:41:24this very simple precaution,

00:41:26you wouldn't be here today.

00:41:27Is that not true?

00:41:29Yes.

00:41:30And this very simple precaution

00:41:31for the sake

00:41:32of the security department

00:41:33must at some point

00:41:34have occurred

00:41:35to a woman

00:41:35of your diplomatic experience.

00:41:38I suppose it did.

00:41:41You suppose it did?

00:41:43And yet you did

00:41:44nothing about it.

00:41:45As I've said,

00:41:46I was confident

00:41:47that Herr Müller

00:41:48was not interested

00:41:48in my work.

00:41:50And that if he'd seen

00:41:51any of it,

00:41:51he wouldn't have understood it.

00:41:52But, Miss Turson,

00:41:53we are talking about

00:41:53how it would seem to others

00:41:54to what you dismissed

00:41:56as the considered opinions

00:41:57of the security department.

00:41:59I don't think

00:42:00it can be fairly said

00:42:00that Miss Turson's answer

00:42:01implied contempt

00:42:02for the security department.

00:42:04She certainly was not

00:42:05paying security department

00:42:06a compliment.

00:42:07Or so it seemed

00:42:08to me, at least.

00:42:09Well, let us leave

00:42:10the subject of your

00:42:11apparent unconcern

00:42:12with your future career,

00:42:13Miss Turson.

00:42:13who said

00:42:14more than once

00:42:15that you were quite sure

00:42:16in your own mind

00:42:17that Müller was in love

00:42:18with you

00:42:18and was not a spy.

00:42:20That is, that he was

00:42:20not interested in you

00:42:21for the information

00:42:22which you possessed.

00:42:23Yes.

00:42:24Your certainty is based,

00:42:25you say, upon previous

00:42:25encounters with people

00:42:26who were spies

00:42:27or at any rate

00:42:28snoopers.

00:42:29Partly, yes.

00:42:31Did you fall in love

00:42:32during any of these

00:42:33previous encounters?

00:42:34No.

00:42:36This time you did, though.

00:42:40I have said so, yes.

00:42:42A strong feeling of love

00:42:43for someone can often

00:42:43blind us to the less

00:42:45pleasing characteristics

00:42:46about them,

00:42:46wouldn't you agree?

00:42:48Yes.

00:42:48Some highly intelligent

00:42:49women, for instance,

00:42:50find themselves falling

00:42:50in love with men

00:42:51who are calculating

00:42:52mountain banks

00:42:52and, what is more,

00:42:53continue to remain

00:42:54in love with them

00:42:55long after their true

00:42:56nature has been revealed.

00:42:56Mr. M'laude.

00:42:58Yes, sir, Mr. Fry

00:42:59may be about to lecture us

00:43:00on the romantic behaviour

00:43:01of the female sex,

00:43:02Mr. Elliot,

00:43:03but I think we should

00:43:04allow him to continue

00:43:05a little further.

00:43:06I'm perfectly aware

00:43:09of what you're

00:43:09insinuating.

00:43:11I don't care.

00:43:12You may think

00:43:12what you like.

00:43:13I'm not going to

00:43:14cross words with you

00:43:17about the state

00:43:17of my feelings.

00:43:18I do not wish

00:43:19to cross words

00:43:20with you, Mr.

00:43:20All right.

00:43:22To you,

00:43:22I acted out of

00:43:23infatuation.

00:43:26What could he see

00:43:27in me?

00:43:27There must be

00:43:28something more

00:43:28to it than that.

00:43:29I beg your pardon.

00:43:36You say you doubt

00:43:37if Muller could have

00:43:37understood the documents

00:43:39even if he'd been

00:43:39interested in them

00:43:40because he couldn't

00:43:41speak English.

00:43:43Yes.

00:43:44You could have

00:43:44translated them for him.

00:43:46I could,

00:43:47but I didn't.

00:43:49Well, we'll have

00:43:49to take your word

00:43:50for that.

00:43:51You say that you

00:43:52met Muller at a party

00:43:53given by a friend.

00:43:55Yes.

00:43:56How did he come

00:43:56to be invited to this party?

00:43:57They were German friends.

00:43:59Living in London?

00:44:00Yes, I met them

00:44:01when I was serving

00:44:02in Bonn ten years ago.

00:44:04Hansi's parents

00:44:04and their parents

00:44:05used to be neighbours.

00:44:07And a few days later

00:44:08you fell in love?

00:44:09Yes.

00:44:10Sexual relations, however,

00:44:11did not begin

00:44:12until later still.

00:44:14What did you and Muller

00:44:15talk about during

00:44:16these early

00:44:16platonic days?

00:44:17Muller, the absence of sex

00:44:19does not thereby

00:44:19make a friendship

00:44:20platonic.

00:44:21Indeed it does not.

00:44:23Go on, Mr. Fry.

00:44:25What did you talk about,

00:44:26Mr. Dersen?

00:44:28Well, we talked

00:44:29about lots of things.

00:44:30Could you name

00:44:30a few of them for us?

00:44:32Well, we talked

00:44:34about places

00:44:35we'd visited in Germany,

00:44:36about mutual friends.

00:44:38Politics?

00:44:40No, I told you

00:44:41we kept off the subject.

00:44:42You kept on it

00:44:43long enough to discover

00:44:43that he professed

00:44:44not to be a communist.

00:44:46Yes.

00:44:47Did you know

00:44:47that he was in fact

00:44:47a member of the

00:44:48Communist Party?

00:44:49I knew he was

00:44:49a party member

00:44:50but that doesn't

00:44:51necessarily make him

00:44:51a communist.

00:44:52Did he volunteer

00:44:52this information

00:44:53or did you ask?

00:44:53I don't remember.

00:44:58You would do well

00:44:59to, Mr. Dersen.

00:45:01Why?

00:45:01If you asked,

00:45:02you would be acting

00:45:03along usual professional

00:45:04lines of conduct,

00:45:05wouldn't you?

00:45:06You would be

00:45:06showing caution.

00:45:08Well, he was introduced

00:45:09to me as coming

00:45:09from East Germany.

00:45:10I assumed that he

00:45:11was a party member.

00:45:12But not a communist.

00:45:13No, he told me privately

00:45:14he did not subscribe

00:45:15to communist doctrine.

00:45:16I'm glad your memory

00:45:17is coming back to you

00:45:18at last.

00:45:18I suppose you have

00:45:19to say things like that.

00:45:20Only when it's called for.

00:45:25What are you trying

00:45:26to prove?

00:45:27I am suggesting

00:45:28that in order to

00:45:28secure your confidence

00:45:29he told you he was

00:45:30not a communist.

00:45:31A very dubious remark

00:45:32since he was in fact

00:45:33a member of an East

00:45:34German trade delegation.

00:45:36Perhaps it was

00:45:36dubious to some.

00:45:39Who first mentioned

00:45:40love between you,

00:45:41Mr. Dersen?

00:45:44You don't remember.

00:45:45I...

00:45:46I...

00:45:46I did.

00:45:49I'm sorry,

00:45:50would you speak up?

00:45:52I did.

00:45:54You first declared

00:45:54your love to him.

00:45:57Yes.

00:45:58And did he return

00:45:59his love?

00:46:03Not at first.

00:46:05A short while afterwards.

00:46:06You protested

00:46:07your affection for this man

00:46:08and subsequently

00:46:08a short while afterwards

00:46:10he told you

00:46:11that he too

00:46:11was in love.

00:46:14Yes.

00:46:14But you make

00:46:16it sound

00:46:17commonplace.

00:46:18I am really trying

00:46:19to summarise

00:46:20what you say occurred.

00:46:21You're making out

00:46:22that I threw myself

00:46:22at Hans.

00:46:23It wasn't like that.

00:46:24How old are you,

00:46:25Mr. Dersen?

00:46:2939.

00:46:30How old is Muller?

00:46:3326.

00:46:34Or 27,

00:46:35I don't know.

00:46:3726.

00:46:38Will you describe

00:46:39him as handsome?

00:46:40Yes.

00:46:43Did you find him charming?

00:46:46Yes.

00:46:46Witty?

00:46:49Yes.

00:46:49I put it to you

00:46:49that you were flattered

00:46:50that this highly

00:46:51presentable young man

00:46:52paid you such

00:46:52immediate attention.

00:46:57Well,

00:46:58I was flattered,

00:46:59of course I was flattered.

00:47:01But there was

00:47:01far more to it

00:47:02than that.

00:47:02You've heard that

00:47:03marriage was discussed

00:47:03between you,

00:47:04that there were

00:47:04more permanent plans

00:47:06for this relationship.

00:47:07We did talk about it.

00:47:09You have no right

00:47:09to imply that

00:47:10everybody is lying.

00:47:11I am not accusing

00:47:12anybody of lying,

00:47:13Mr. Dersen.

00:47:14I am simply

00:47:14trying to point out

00:47:15that Hans Miller,

00:47:16a presentable,

00:47:17handsome, witty,

00:47:18charming young man

00:47:18who had three,

00:47:20four or five months

00:47:20to spend in England

00:47:21but certainly not more

00:47:22could afford to mention

00:47:23any romantic notion

00:47:24that occurred to him.

00:47:25He would very soon

00:47:25be going back

00:47:26to his own country.

00:47:27What is quite clear

00:47:27is that he was not

00:47:28going to settle here.

00:47:29So why not throw in

00:47:30everything he'd got?

00:47:31Marriage, engagements,

00:47:32promises,

00:47:32why not promise you

00:47:33with earth?

00:47:33No, it wasn't like that.

00:47:34He obviously had no difficulty

00:47:35in persuading you

00:47:36that anything he cared

00:47:37to say would be

00:47:37instantly believed.

00:47:38No!

00:47:38No, well, I'll say

00:47:39this then.

00:47:39What persuaded you

00:47:40to abandon 18 years

00:47:41of training,

00:47:42to neglect him

00:47:42to perform the most

00:47:43elementary professional

00:47:44precautions

00:47:45and become his mistress?

00:47:45What made you,

00:47:46on record,

00:47:47as having pursued

00:47:47an unblemished

00:47:48and spectacularly

00:47:49successful career?

00:47:50What made you

00:47:50throw it all over

00:47:51at one stroke,

00:47:51Mr. Dersen?

00:47:52No, it wasn't like that.

00:47:55Oh, my God,

00:47:56it wasn't like that.

00:48:06It wasn't like that.

00:48:19Oh, my God!

00:48:23During yesterday's hearing of the case in Forchester Crown Court,

00:48:39where Margaret Turson is pleading not guilty to offences under the Official Secrets Act,

00:48:44there were dramatic scenes when she was cross-examined by prosecuting counsel Jonathan Fry, QC.

00:48:50Counsel for the Defence, James Elliott, QC, called Miss Turson as his first witness

00:48:54when she said she had fallen in love with a young East German, Hans Müller,

00:48:59sharply denying the allegation that he was a spy who made her acquaintance merely to extract information from her.

00:49:06Fry queried her opinions about Müller, and under intense questioning about the nature of her friendship with him,

00:49:12Miss Turson broke down.

00:49:14Shortly afterwards, Mr Justice Waddington adjourned the court.

00:49:17It is now 10.36 the following day, and Miss Turson is still in the witness box.

00:49:23Call Margaret Turson.

00:49:25Remember, you are still on board, Miss Turson.

00:49:46Miss Turson, in reply to prosecution's questions yesterday,

00:49:50you said you were sure that Hans Müller was not interested in the information you possess as a result of your work in the Foreign Office.

00:49:56Yes.

00:49:57You fell in love with him and he with you.

00:49:59Yes.

00:50:00And that the prosecutor's version, that of your infatuation with someone who paid attention to you in order to secure information, is not true.

00:50:07No, it's not true.

00:50:08You also referred to your decision to think of your personal life before your career after a long and dedicated service.

00:50:15Yes, but that decision didn't affect my judgment.

00:50:17No.

00:50:18Taking this last point, were you thinking of resigning from the diplomatic service before you came due to retire?

00:50:23Not actively, no, but I'd known for some time that I wasn't likely to get much further up the ladder, and perhaps that affected my attitude.

00:50:32Had you reported your friendship with Hans Müller and been told, because of his communist background, to choose between the man and your career, would you have agreed to leave your job?

00:50:40Yes. After we came back from holiday in September, I would have preferred to resign.

00:50:44But before?

00:50:46Earlier, I wasn't sure.

00:50:47So you didn't report your friendship for fear of losing your job over something you did not then see as having a future?

00:50:55Yes.

00:50:56But it was worth breaking the regulations, because you wanted to find out if there was to be a future with this person.

00:51:00Yes.

00:51:02Looking back on the events of the last few months, Miss Tesson, is there anything in your conduct you regret?

00:51:08No.

00:51:09Nothing.

00:51:10It has been said you could have avoided the charges you now face by not taking classified papers home on an evening you intended to entertain Hans Müller.

00:51:17I know that taking the papers home with me looks like pure stupidity, but by the time Hans began to visit my flat, I trusted him.

00:51:30I knew he wasn't a spy.

00:51:32To have gone on taking precautions, in case he still might be, would have seemed to me to be cheap and dishonest.

00:51:39So you don't regret not having taken these precautions, despite the trouble you made for yourself, by not doing so?

00:51:44No, I do not.

00:51:45You do not regard the safety of the papers as ever having been endangered?

00:51:51No, I do not.

00:51:54Thank you, my lord, unless you wish to.

00:51:56Miss Tesson, would it be correct to say that you had reached a stage in your career where you were looking for an excuse to end it?

00:52:04No, my lord.

00:52:06Had you not met Herr Müller?

00:52:07Well, I would have gone on working. I can't think of anything else I could have done.

00:52:14Yes, I see. Thank you very much.

00:52:16You will now take the accused back to the doctor.

00:52:21Call Mrs. Helga Warren, please.

00:52:23The whole truce, and nothing but the truce.

00:52:26Would you state your name and occupation, please?

00:52:32Helga Warren. I'm a psychotherapist.

00:52:35Also a housewife and mother.

00:52:37And you live at 7 Christchurch Hill, Fulchester.

00:52:40Yes, I do.

00:52:41Do you know Miss Tesson?

00:52:42Very well.

00:52:43For how long?

00:52:45We met in Germany about ten years ago.

00:52:47And you now live in England, is that right?

00:52:49I became married to an Englishman, yes.

00:52:52Do you know a man called Hans Müller?

00:52:54Yes.

00:52:55Well?

00:52:56No.

00:52:57Hans' parents and my parents used to be neighbours in Berlin before the wall was built.

00:53:03Did you invite him to a party that you gave in April of this year?

00:53:06Yes.

00:53:07And did Miss Tesson also attend?

00:53:08She did.

00:53:09Did you introduce her to Hans Müller?

00:53:12Yes.

00:53:12I think I introduced everybody to each other.

00:53:16Quite.

00:53:17Mrs. Warren, weren't you worried, for Miss Tesson's sake, that you were in fact introducing

00:53:22her to someone from a communist state, knowing as you did that she was a senior member of

00:53:26the diplomatic service?

00:53:27Of course not.

00:53:28Why not?

00:53:29Margaret is quite capable to look after herself.

00:53:32In August of this year, were you and your husband with Hans Müller and Miss Tesson on

00:53:36holiday in Greece?

00:53:37Yes, we were.

00:53:39And did Miss Tesson confide in you her thoughts of Hans Müller?

00:53:42Yes.

00:53:42She was in love with him, and he was also in love with her.

00:53:47I was most pleased.

00:53:50Margaret deserved to find happiness.

00:53:52I think she found it with Hans.

00:53:54So you approved of the match?

00:53:56Very much.

00:53:58Do you not think it odd that Miss Tesson should make herself susceptible to official reprimand

00:54:02by her association with the communist?

00:54:04She told me Hans said he wasn't a communist.

00:54:06I believed her.

00:54:09He struck me as an honest man who would not tell a lie.

00:54:13Whilst on holiday, were you acquainted with their talk of marriage?

00:54:16Margaret told me Hans had proposed they should marry one day.

00:54:20Yes, and they discussed it with us one evening.

00:54:24Any specific date?

00:54:26No, I don't think so.

00:54:28Just one day.

00:54:29And you approved?

00:54:30My husband and I were very happy for both of them.

00:54:33We liked Hans.

00:54:35He made Margaret laugh.

00:54:37He made all of us laugh.

00:54:39He was generous and kind.

00:54:41Did you ever have any reason, Mrs Warren, from what you observed of Hans Müller to suspect

00:54:46the genuineness of his friendship towards Miss Tesson?

00:54:48Never.

00:54:49Even if he had an ulterior motive, he would have failed.

00:54:53No one had a higher sense of duty to her country and to her work than Margaret.

00:54:58One last question, Mrs Warren.

00:55:02Did Hans Müller speak any English?

00:55:04No.

00:55:06Would you remain there, please?

00:55:09Mrs Warren, you were close friends with Miss Tesson.

00:55:13Yes.

00:55:14Were you single when you first came to England?

00:55:16I was, yes.

00:55:17Must be quite an advantage to know someone in public service.

00:55:20I do not follow.

00:55:22Would you do various favors to avoid the worst excesses of red tape as you settle down over here?

00:55:26I came here to work.

00:55:28I had a job.

00:55:29I became married.

00:55:30I didn't need Margaret as a way to get me any of those things.

00:55:33I see.

00:55:35You were pleased when you heard Miss Tesson was to be married?

00:55:37Of course.

00:55:38Because you wished her to be happy?

00:55:40Well, naturally.

00:55:42Did you speak much to Herr Müller about his private political views?

00:55:46No.

00:55:46No, but as a fellow German, one from a rival German republic,

00:55:50you must have formed some idea of his political beliefs.

00:55:53I'm not a political person.

00:55:55Listen, I like people or I dislike people.

00:55:58Their politics have nothing to do with it.

00:56:01And you liked Herr Müller?

00:56:02Yes.

00:56:03Because he made Miss Tesson happy?

00:56:04I have said so.

00:56:06You say also you're not a political person.

00:56:08Communist, right-wing, radical, conservative.

00:56:10It doesn't matter to you when you decide to like or dislike someone.

00:56:14No, it doesn't matter.

00:56:15And you like Hans Müller?

00:56:17Again, yes.

00:56:18I know this sounds repetitive, Mrs. Warren, but bear with me.

00:56:21Yes, very well.

00:56:22You see, you were here to help defense counsel convince the jury

00:56:26that Miss Tesson was carrying on a sincere and reciprocated love affair

00:56:30with a man who, although representing a state run by a communist regime,

00:56:34was himself not a communist.

00:56:35Which I believe.

00:56:37Oh, indeed you do.

00:56:38But I suggest, Mrs. Warren, from listening to your remarks,

00:56:41your lack of interest in politics,

00:56:42your desire to see Miss Tesson happy,

00:56:45that had she fallen in love with Marcy Tung,

00:56:47you would have seen nothing wrong with it.

00:56:48There's nothing wrong with falling in love.

00:56:51No, Mrs. Warren, there's nothing wrong with falling in love.

00:56:53Except as in this case,

00:56:56where many other people, many other interested parties

00:56:58can be made to suffer as a result.

00:57:00I do not understand.

00:57:02No, Mrs. Warren, because you believe, do you not,

00:57:04that love is all.

00:57:05More important than the risk of disclosing state secrets

00:57:08to a man whose country would benefit by learning them.

00:57:11I can only speak my beliefs.

00:57:15Thank you, Mrs. Warren.

00:57:18Thank you, Mrs. Warren.

00:57:19I have no questions.

00:57:20You may leave the witness box.

00:57:23Mr. Godfrey Heinrich Muller, please.

00:57:29Godfrey Heinrich Muller.

00:57:34The whole truth and nothing but the truth.

00:57:38Would you tell the court your name and address, please?

00:57:42Godfrey Heinrich Muller, Stuttgart 18, Wilhelmstraße 62.

00:57:48And that's West Germany?

00:57:49Yes.

00:57:49And you're related to Hans Muller?

00:57:51I'm his brother.

00:57:52And he lives and works in East Germany?

00:57:55Yes.

00:57:55For the government?

00:57:56Yes, civil service.

00:57:58Would you describe to the court, please,

00:58:00how it came to be that you moved into West Germany

00:58:02while your brother Hans stayed in the Democratic Republic,

00:58:05the Communist side?

00:58:06Lord, what Hans Muller may have said to his brother on other occasions

00:58:08is hearsay and, in my submission, inadmissible.

00:58:10It is perhaps hearsay, Mr. Frey, but I think that any statements explaining Hans Muller's beliefs or emotions

00:58:16or even relevant actions are admissible under exception to the hearsay rule.

00:58:23You may answer the question, Mr. Mendel.

00:58:27After we leave school, we both went to the university in Leipzig.

00:58:31That's the East Zone.

00:58:34I became architect and I gained permission to live in the West.

00:58:38Hans is economist, civil service.

00:58:41He was offered a job as a government.

00:58:43How long ago was that?

00:58:44About six years.

00:58:47Jobs were hard to find then, so Hans accepted.

00:58:51Is it necessary to be a communist to do what Hans did?

00:58:54Well, if you are a fascist, it is more difficult to find a job.

00:58:58Yes, I can see that.

00:59:01Hans became a member of the Communist Party and they gave him work.

00:59:05They need economists and Hans is a good one.

00:59:08So he said he was a good Marxist-Leninist and they believed him.

00:59:13Did he ever join a communist party while you were studying together at Leipzig?

00:59:17No.

00:59:17Why not?

00:59:20Two reasons.

00:59:20In the Youth Communist Party in Leipzig, all the men were boring and all the girls ugly.

00:59:28When did you last see Hans, Mr Muller?

00:59:31This morning.

00:59:34Where?

00:59:35In Stuttgart.

00:59:37Where in Stuttgart?

00:59:38In my flat.

00:59:40Has your brother visited East Germany since he left England?

00:59:43I can say definitely not.

00:59:46Hans has been staying with me all this time.

00:59:48He waits for Margaret.

00:59:53Thank you, Mr Muller.

00:59:57Herr Muller, you say your brother has left his job and his country and has come to your flat to wait for the accused?

01:00:04Yes.

01:00:05Why is he not here today in this courtroom, giving evidence like you?

01:00:08Well, I have come for him.

01:00:12Hans is a grown man.

01:00:13The authorities would have given him permission to enter this country again if he wished to attend this trial.

01:00:18Why is he hiding behind his older brother?

01:00:20He's not hiding behind me.

01:00:22Hans is hiding behind nobody.

01:00:23I repeat, why is he not here today?

01:00:25He...

01:00:27He...

01:00:28He's afraid.

01:00:31Afraid?

01:00:32Of what?

01:00:34He's afraid of the authorities.

01:00:36Which?

01:00:36His or ours?

01:00:37Here.

01:00:38Afraid of the British authorities?

01:00:40They think he's a spy.

01:00:42He's afraid of arrest.

01:00:43Oh, come on, Herr Muller, the authorities didn't arrest your brother when they detained Miss Turson.

01:00:52Why should they do so now?

01:00:54He does not trust authorities.

01:00:56They put Margaret in prison, and she is not a spy.

01:01:00So he prefers to stay safe and wait.

01:01:04Stay safe?

01:01:05Yes.

01:01:06Is that the action of a man deeply in love, Herr Muller?

01:01:09I cannot allow that, Mr Lottaby.

01:01:11Well, you come to plead for whom, Herr Muller?

01:01:14Your brother or Miss Turson?

01:01:16Oh, for both of them.

01:01:18The police have made a mistake.

01:01:20They're not spies.

01:01:22If Hans were a spy, would you...

01:01:23Oh, I know, Hans.

01:01:24You haven't seen your brother for much these last six years, have you?

01:01:29No, but...

01:01:30No?

01:01:32So he might be all the prosecution here is claiming him to be.

01:01:35You'd be none the wiser, would you?

01:01:36He's my brother.

01:01:37But a stranger for six years.

01:01:39Hans and I are close.

01:01:41We know each other.

01:01:42We are a close family.

01:01:43You must not save your strangers.

01:01:44And Millie's suggesting that you haven't seen...

01:01:45You are a fool!

01:01:48Muller, there's no need to get so upset.

01:01:51Millie, asking you a few simple questions.

01:01:54You are suggesting I lie.

01:01:56I love my brother.

01:01:57The stupid police interfere.

01:01:58They arrest Margaret.

01:01:59They call Hans a spy.

01:02:00And they're idiots.

01:02:02He is in love with Margaret.

01:02:03What do they know about it?

01:02:04Please keep your temper, Mr Millie.

01:02:05You will not impress either myself or the jury by raising your voice.

01:02:09Now, he must not say these things.

01:02:11I said very little, Herr Muller.

01:02:13I'm merely suggesting that you do not know...

01:02:14...cannot be expected to know everything...

01:02:16...about a brother whom you've hardly seen for the last six years.

01:02:19That's all.

01:02:21Oh, one more question, Herr Muller.

01:02:23Is it possible your brother's learnt English during the last six years?

01:02:29Possible?

01:02:29Yes or no, please.

01:02:31Yes.

01:02:39Members of the jury,

01:02:40can you imagine what it must be like to do a job...

01:02:42...where the office routine continues after work?

01:02:45Few of us would relish such a job.

01:02:47Yet some people have to do it.

01:02:49And the civil service is one of these professions.

01:02:51Especially that branch of it where the defendant worked.

01:02:53At the level she had reached, the pay is high...

01:02:55...and the responsibility equally exalted.

01:02:58The self-discipline demanded is exceptional.

01:03:00Still, people who do these jobs...

01:03:02...know the sacrifices they will be asked to make...

01:03:04...and they have to be judged by the standards they have settled for.

01:03:07People who have access to classified documents...

01:03:09...are in a difficult position.

01:03:10For instance, the temptation to take their documents home is very great.

01:03:13Yet, if they do not keep their private life and their work apart...

01:03:17...they are heading into danger.

01:03:18And if they are in danger, so are we.

01:03:20For their actions directly affect the safety of every being in this island.

01:03:25Now, Margaret Turson loved a man from a communist country.

01:03:28Commander Riley has told us...

01:03:30...that for reasons which you will appreciate...

01:03:31...have to remain secret...

01:03:33...he was suspected of being a spy.

01:03:35Now, whether he was in fact a spy...

01:03:36...we cannot at this time be sure.

01:03:38But many in his position are inevitably suspect...

01:03:40...and Margaret Turson knew this.

01:03:42Still, he was young, attractive and plausible...

01:03:44...and she, who had known sorrow and no doubt loneliness...

01:03:47...responded to his charm.

01:03:48He told her that he loved her.

01:03:50He lulled her into a state of trust...

01:03:52...where she decided not to report her association with him...

01:03:54...and grew slack enough to bring home secret documents...

01:03:57...and leave them in a drawer where he could easily see them.

01:03:59Moreover, the register in her department was checked...

01:04:02...on only one occasion...

01:04:03...so who knows what was in the other documents...

01:04:05...she admitted bringing home on other days...

01:04:07...and kept in the flat where he could easily see them.

01:04:10Now, whether the things that were in these documents...

01:04:13...have been reported elsewhere is entirely beside the point...

01:04:15...for in security matters discipline is absolute.

01:04:18I would remind you of the words of Mr Barclay...

01:04:21...that the reason that a document is classified...

01:04:23...within the Foreign Office...

01:04:24...is to denote to people that work in that office...

01:04:27...that in no circumstances must they disclose its contents...

01:04:30...or endanger its safety.

01:04:32Now, this is a sad case...

01:04:33...but we must not allow sentiment to cloud our judgment.

01:04:36It is the prosecution's submission...

01:04:37...that Margaret Turson did indeed endanger...

01:04:39...the safety of documents entrusted to her care.

01:04:42Under the Official Secrets Act...

01:04:44...she was bound not to do so.

01:04:47In closing, I would ask you to consider her own words...

01:04:50...in the light of her professional responsibility.

01:04:52She said,

01:04:53By the time Herr Müller began to come to my flat...

01:04:57...I trusted him.

01:04:58I know he was not a spy.

01:05:01To have taken precautions in case he might be...

01:05:04...would have seemed to me cheap and dishonest.

01:05:07I ask you, members of the jury...

01:05:08...would it have been dishonest...

01:05:10...to take the simplest of precautions...

01:05:12...with regard to a man, however agreeable...

01:05:14...who was the representative of a potentially hostile foreign power.

01:05:18What harm could she possibly do, Herr Müller...

01:05:20...by taking these precautions?

01:05:22What untold harm...

01:05:25...might she do her country...

01:05:26...by neglecting them?

01:05:33Please, we're no members of the jury.

01:05:35The prosecutors state that the only possible reason...

01:05:39...for Hans Müller's association with Miss Thurston...

01:05:41...is a sinister one.

01:05:42Namely, that he's a spy.

01:05:44And this assertion by my learned friend...

01:05:46...is based upon the evidence of Commander Riley.

01:05:49He's told us...

01:05:50...that civil servants...

01:05:52...when they become friendly with communists...

01:05:55...are reminded of the possible hazards involved.

01:05:59Was the accused.

01:06:00He also tells us...

01:06:03...that many civil service employees...

01:06:05...take documents home with them.

01:06:06When this is brought to the attention...

01:06:08...of the security department...

01:06:09...they're told to stop.

01:06:11Now, these employees...

01:06:12...are not automatically charged...

01:06:14...with offences...

01:06:15...under the Official Secrets Act.

01:06:18Thus, they are not inevitably regarded...

01:06:20...as having endangered the documents.

01:06:24Now, why was it that Miss Thurston...

01:06:26...after 18 years of unblemished conduct...

01:06:28...was not given these same considerations?

01:06:33Well, the Commander went on to say...

01:06:34...and I quote...

01:06:35...we had reason to believe...

01:06:36...that Müller was a spy.

01:06:39We were never given evidence...

01:06:41...to substantiate this accusation.

01:06:43I am not at liberty to say...

01:06:45...is no substitute for the facts.

01:06:49My learned friend secured...

01:06:50...permission to recall the Commander...

01:06:52...and we assumed he would then...

01:06:53...furnish us with the facts.

01:06:56Why was the Commander not recalled?

01:06:59I suggest the obvious.

01:07:01No proof exists.

01:07:05Now, if Hans Müller was believed to be a spy...

01:07:07...why was he not detained?

01:07:09Why was he not placed under close surveillance?

01:07:12And he wasn't.

01:07:13It was Miss Thurston who was singled out as the target.

01:07:16On September the 10th, Miss Thurston left home...

01:07:19...with her classified documents.

01:07:21And following her usual pattern...

01:07:23...she locked them up in her desk.

01:07:25Late in the evening of September the 11th...

01:07:26...she opened the desk to look for something.

01:07:30A pad.

01:07:32To clean the records she and Hans Müller were listening to.

01:07:37Now, members of the jury...

01:07:38If Miss Thurston had those documents for sinister motives...

01:07:42...surely she'd have hidden them away when the police knocked at her door.

01:07:47If she was cooperating with a spy...

01:07:51...would she have supplied material...

01:07:53...that was available in the newspaper?

01:07:58But can you believe that this lady is so inexperienced...

01:08:00...as to rendezvous with a spy in her flat...

01:08:03...not once...

01:08:04...but regularly?

01:08:05My learned friend, in summing up now...

01:08:10...says that Hans Müller may be a spy.

01:08:12Well, by such reasoning, his lordship may be a spy.

01:08:14But thankfully, the lord does not recognise maybes.

01:08:18We are innocent until proven guilty.

01:08:22He has also advised you against sentiment.

01:08:25Meaning...

01:08:26...a tendency to be swayed by feeling...

01:08:29...rather than reason.

01:08:32Well, I put it to you that there's room for both.

01:08:33Your reason will tell you that, based on the facts...

01:08:38...Miss Thurston is innocent.

01:08:41And your feelings will assure you...

01:08:43...that her relationship with Hans Müller...

01:08:45...transcends politics and ideologies...

01:08:48...and even countries.

01:08:52Thank you, Mr. Elliot.

01:08:54Members of the jury, the time has now come for me to sum up.

01:08:58And you will shortly be asked to bring in your verdict.

01:09:01You are the sole judge of the facts in this case.

01:09:03And I must direct you to consider the guilt...

01:09:07...or innocence of the accused...

01:09:08...solely in the light of those facts.

01:09:10You must not allow yourselves to be swayed unduly...

01:09:13...by feelings of pity for Miss Thurston.

01:09:15Feelings possibly accentuated...

01:09:17...by the eloquent appeal of her counsel.

01:09:19And you must be completely sure...

01:09:21...of the charge which has been made against her.

01:09:23It is quite a simple one, and it is this...

01:09:27...that she conducted herself in such a way...

01:09:28...as to endanger secret documents entrusted to her care.

01:09:33And the prosecution allege...

01:09:34...that she allowed an unauthorised person...

01:09:37...access to these documents.

01:09:39There is no doubt...

01:09:40...that she did take secret documents to her home...

01:09:43...and did leave them in a position where her lover...

01:09:46...a member of a foreign communist party...

01:09:48...might see them.

01:09:50And you may think...

01:09:52...that although the documents had already been published...

01:09:54...in a foreign newspaper...

01:09:56...that did not alter the fact...

01:09:58...that they were classified secret...

01:10:00...and therefore remained secret for all purposes in this country.

01:10:05And Miss Thurston well knew that.

01:10:07And that it was her duty...

01:10:08...not to risk publishing them to anyone.

01:10:11Least of all...

01:10:12...to a putative enemy of this country.

01:10:15On the other hand...

01:10:16...you may take the view...

01:10:17...that since the documents had already been published overseas...

01:10:21...she was not acting in such a way...

01:10:24...as to endanger secret documents.

01:10:27But if you do take the view...

01:10:29...that Miller was interested in these documents...

01:10:31...and that Miss Thurston did give him the chance to see them...

01:10:35...then you have no option under the law...

01:10:37...other than to find her guilty.

01:10:40Now...

01:10:40...the question of her guilt or innocence...

01:10:43...is for you to decide, ladies and gentlemen.

01:10:46It is not an easy task...

01:10:48...but I leave the judgment of it...

01:10:50...in your capable hands.

01:10:52And now...

01:10:53...will you be good enough to retire...

01:10:55...to consider your verdict?

01:10:56...the court will rise.

01:11:04All stand.

01:11:16The prisoner will stand.

01:11:18Will the foreman please rise?

01:11:23Members of the jury...

01:11:24...will you answer this question, yes or no?

01:11:26Have you reached a verdict upon which you are all agreed?

01:11:29Yes.

01:11:30Do you find Margaret Thurston guilty or not guilty?

01:11:34Guilty.

01:11:37Will you sit down, dear?

01:11:38Despite the sympathy felt for Margaret Thurston...

01:11:51...Mr Justice Warrington sentenced her...

01:11:53...to 18 months' imprisonment...

01:11:54...but it will be some time...

01:11:56...before she will be able to forget...

01:11:57...the events of the past few days.

01:11:59Thank you so much, sir.

01:12:14First of all, the world's last child a trips and a before-touriously you will beД

01:12:23...so the rond справ can you?

Crown Court - Espionage (1972)

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