Crown Court - Hidden Scars (1974) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  The bursar of a charitable school for epileptics is accused of misusing its funds by making a risky investment and using some of the money for his own disabled daughter. Maureen Lipman, William Mervyn and Terrence Hardiman star as counsel and judge. A few familiar faces here: Godfrey Quigley and Morris Perry appear (again!), Michael "Wheel in Space" Turner plays the defendant; Liz Smith plays Mrs Fowkes.

Transcript

00:00:00In the midst of our world lives a group of people whom nature and society itself have

00:00:28placed apart. Those we call cripples. Many of them are cared for through public and private charity.

00:00:34Others are the ones who, beyond physical suffering, carry also the hidden scars of the mind.

00:00:39Major James Fawkes is the father of a child with spina bifida. Since 1971 he's been employed as

00:00:45bursar to a trust set up for the care of epileptics. It is in that capacity that he faces trial today

00:00:51at Fulchester Crown Court, accused of stealing funds which the trust placed in his charge.

00:00:56My wife and I have a son that's suffering from epilepsy. Most children like that can go to

00:01:04normal schools, but not ours. Simon suffers from what is known as a personality disorder.

00:01:12After a fit he becomes abnormal, violent. There are only one or two special schools for children

00:01:19like that. And so in 1970 several parents like ourselves got together. We bought a big house

00:01:27outside the town called Knowles. We hadn't much money but we gave what we could. I put in a thousand

00:01:33myself. We raised the rest of the money by raffles, jumble sales, appeals, anything. The place is a success

00:01:40now. Do you recall anything that happened on March the 15th 1973? I do very clearly. Would you tell us

00:01:46in your own words? Well it's quite simple. We had a meeting of the trustees and during it Sir Richard

00:01:53informed us that we had a favorable balance of over 25,000 pounds. We voted to invest 15,000 pounds of

00:02:00it in some steady shares like ICI with Sir Richard to take the necessary steps. That was typical of him.

00:02:06Just what was decided Mr. Bateman? Don't interrupt your witness Miss Lewis. You invited him to use his

00:02:12own words. I am sorry my lord. Go on Mr. Bateman. Well I just wanted to say that that was typical of

00:02:18Creswell's style. He always had a hold of the financial reins. What occurred subsequently? Well Sir

00:02:25Richard told us that he'd given the details to Major Fawkes because he was going on a holiday and then

00:02:31after five weeks time he came back and broke the news to us. What news? He told us that

00:02:36Major Fawkes had confessed that he'd invested the... Mr. Bateman. What Sir Richard said that the

00:02:43defendant told him is hearsay and cannot be heard. A fact. A fact. Nevertheless it is inadmissible.

00:02:51Now members of the jury will you kindly disregard the previous remark? Miss Lewis? Did Sir Richard give you any

00:03:00news concerning the state of your investment? He did. He said that he had good reasons to believe

00:03:07that Major Fawkes had invested only 1500 pounds in the ICI shares and the remainder he put into some

00:03:15speculation called Metallia. What was as plain as daylight was that these Metallia shares had gone bust.

00:03:22They'd sunk out of sight. How much money had been lost? 18,500 pounds. 18,500 pounds.

00:03:29How was that possible? Well Sir Richard said that he also had good reasons to believe that Major Fawkes

00:03:35had convinced Lady Creswell that she should sign a check for 20,000 instead of 15. What was your reaction

00:03:42to this news? Well we were all shattered. I mean we'd sacrificed so much we didn't intend to have it

00:03:48invested in some speculative shares. My wife and I we'd scraped together every penny we could

00:03:54since Simon's epilepsy had been diagnosed. He was three then. We just couldn't believe it. What was Sir

00:04:00Richard's reaction to the news? Oh he he seemed overwhelmed. Yes he he kept saying that he couldn't

00:04:06understand how Major Fawkes could do it to us or to him especially. Did you yourself have occasion to

00:04:11meet Major Fawkes during this period? Oh yes two or three times a week at after school same as usual.

00:04:17Did he behave in any way unusually? I'd say so yes. He he seemed very depressed as if he'd something on

00:04:23his mind and he looked tense and acted so. Did he say anything in particular which stays in your mind?

00:04:29Yes. One night after I'd come back he'd been working late and the both of us went for a drink.

00:04:36He didn't drink much and neither did I but that night he had two or three large whiskeys and it seemed

00:04:43to open him up a bit. That in itself was unusual. He he never told no one his business. Go on. Well as I

00:04:50say the whiskey seemed to make him more and more irritable and we were discussing the trust and I said

00:04:58how happy I was in what we'd achieved. And suddenly he lost his temper and he said that he just shouted

00:05:06it at me. He said that private charity could go on no longer and that it was a farce. Was that all he said?

00:05:13No. He said that the time was coming that if wealth wasn't distributed with the agreement of the rich

00:05:19then it would be done without them. He told me that the time was coming sooner than I thought.

00:05:25Are you quite certain he said those words? Positive. I mean I'd never heard him talk like that before.

00:05:31It was a a kind of cold sort of anger. That's the only way I can describe it. Of course you must

00:05:37remember that his daughter had been refused a place at the school and quite justifiably

00:05:42because she wasn't an epileptic. But I remembered it that night I can tell you. Thank you Mr. Bateman.

00:05:48When Major Fawkes made these remarks to you concerning the redistribution of wealth

00:05:55what did you take him to mean? Oh I didn't take it to mean anything. That's for others to say.

00:06:00Yes but what did you say to him at the time? Well I said if he thought like that he should be living

00:06:05in Eastern Europe. Yes precisely. He was making a political remark wasn't he? Nothing else.

00:06:11Well if you say so. Now what do you think? I don't. It doesn't affect me one way or the other.

00:06:16Now judging from your evidence Sir Richard Cresswell seems to have told you many things.

00:06:24A fair number. In fact you and the other trustees seem to have been guided by him throughout this

00:06:30whole affair. Oh not by choice. What do you mean? Well originally we chose him as a kind of figurehead

00:06:36but with his title and his big car and his country house he didn't help the trust. In fact he put

00:06:42off a lot of the donors. I see. Could you tell us how the financial side of things was looked after?

00:06:49Looked after? That was Sir Richard's preserve. His idea was to invest all the assets of the company

00:06:55in the stock market but that wasn't our idea. We wanted to use the traditional methods. Fundraising

00:07:01and things like that. We didn't agree with speculation. All we wanted was security.

00:07:07What course did Major Fawkes favour? Fawkes? His views didn't come into it. He was Sir Richard's

00:07:13stooge. It didn't matter what he said because Sir Richard just did what he thought.

00:07:17Did you dislike him? No. I felt sorry for him. What type of investment did Sir Richard put forward

00:07:25to the other trustees? Oh many kinds. Which were you most apprehensive about? The ones he called

00:07:31growth areas. Why? Because the risk was too high. In those areas did he ever mention the name

00:07:39Metallia? Not that I remember. Then he may have done. No not if I don't remember it. Very well if that's

00:07:47what you believe. No further questions. No re-examination my lord. Very well Mr. Bateman you may leave

00:07:52the witness box. Thank you my lord. I call Henry Walbrook Ince. Henry Walbrook Ince please.

00:08:03You are Henry Walbrook Ince of 13 Cavendish Mews London SW1. Yes. What is your profession? I'm one of

00:08:11the partners of a firm of stockbrokers Dimblebeard Ince. If you would I'd like you to try to cast

00:08:15your mind back to March the 20th 1973. By all means. On that day did you conduct a market transaction

00:08:22on behalf of any clients? Rather a few I'm afraid. Do you see any of them in court today?

00:08:29Only one. Who is that? The defendant. Will you tell us the nature of the transaction? Well certainly.

00:08:37Major Fawkes came to our offices that morning to see me. He asked me to arrange two investments for

00:08:43him. What were they? He wished to buy 1500 pounds worth of ICI shares in the trust name. That was no

00:08:49problem. And in his own 18 and a half thousand pounds worth of an Australian mining stock known

00:08:54as Metallia. That was a rather different proposition. Why? Well there was a vague rumor going around that

00:09:02one of their iron options north of Perth in the Mount Tom Price range to be exact had come up trumps

00:09:08which if it had been true would have meant something really big. Unfortunately it wasn't. Of course I

00:09:15warned Fawkes of the danger involved. The fact that Metallia had very nearly gone out of circulation

00:09:20the year before. What was his reaction? He said he was perfectly aware of the risk. He did ask what the

00:09:26chances of a short-term killing were and when I explained they were quite good he told me to go

00:09:31ahead. Then he wrote out a check to his bank. For what amount? 20,000 pounds covering both investments.

00:09:3720,000 pounds. Now Mr. Ince did the defendant at any time tell you that this Metallia investment was

00:09:44being made on behalf of the Knowles Trust? I'm afraid not. Will you tell us what happened then?

00:09:51Metallia showed an initial gain but then after a mere three weeks they were on the down very fast

00:09:5590 points in six days. At that stage I sent a letter to the defendant warning him that I didn't expect

00:10:04them to recover. There was never any answer. My lord, could the witness be shown Exhibit A?

00:10:16Mr. Ince, do you recognize this letter? That's it. I wish to draw your attention to the words written

00:10:22on the foot of the page. Yes. Will you read them out to the court? It's out of my hands now. God,

00:10:28what a mess. It's out of my hands now. God, what a mess. Did you write that? No, Faustier. Mr. Ince,

00:10:35you are not competent to judge that. It's unusual handwriting. I happen to recognize him. That is

00:10:40quite immaterial. My lord, if I might be allowed. Yes. The defendant does not dispute that he wrote

00:10:46those words. Indeed, he intends to show that they were a just comment on a situation for which he was in

00:10:52no way responsible.

00:11:09You and Sir Richard Cresswell are fairly well acquainted, are you not, Mr. Ince?

00:11:13Fairly well.

00:11:14It's a fact, isn't it, that shortly after the war, he made an application to join your firm of

00:11:20stockbrokers, Dimbleby and Ince. Yes, as I recall. Was he accepted? No. Why was that?

00:11:31Basically, he was felt to be unsuitable. I see. Now, how do you think Sir Richard views himself

00:11:40in terms of financial abilities? My lord, how can the witness possibly answer that question?

00:11:45In view of the long-standing relationship,

00:11:47I think he can.

00:11:49You will answer.

00:11:51I'm sorry.

00:11:53I've forgotten the question.

00:11:55I asked you how Sir Richard

00:11:57sees his own abilities.

00:12:00Well,

00:12:01Cresswell's someone who

00:12:03believes he has an

00:12:04instinct.

00:12:06An instinct for what?

00:12:08A quick return. An opening.

00:12:11Others haven't spotted.

00:12:13Now, if I may,

00:12:15I'd like to go back for a moment

00:12:16to your meeting with Major Fawkes

00:12:18on March the 20th.

00:12:19You said

00:12:20he never told you on whose behalf

00:12:22that £18,500

00:12:24Metallia investment was being made.

00:12:27That's right.

00:12:28But didn't you ever ask him?

00:12:31No, I didn't.

00:12:33Oh?

00:12:34Why not?

00:12:35For the same reason,

00:12:37I didn't try harder

00:12:38to dissuade him from it.

00:12:40You see,

00:12:40the thing is...

00:12:42Yes?

00:12:43It sounds rather stupid now.

00:12:46But when Fawkes

00:12:47first mentioned

00:12:49Metallia to me,

00:12:49I was frankly surprised.

00:12:51I couldn't imagine

00:12:52where he'd

00:12:53picked up the tip,

00:12:54you see.

00:12:55So,

00:12:55I assumed

00:12:56the basic idea

00:12:57had been Richard's all along.

00:12:59And knowing he was the type

00:13:00who would follow a hunch

00:13:01as far as it led,

00:13:03I left well alone.

00:13:05You assumed

00:13:06that the basic idea

00:13:07had been Sir Richard's.

00:13:09Silly, really.

00:13:10But yes.

00:13:14Thank you,

00:13:15Mr. Ince.

00:13:19I call

00:13:20Lady Virginia Cresswell.

00:13:22Lady Virginia Cresswell,

00:13:23please.

00:13:24You are on the board

00:13:25of the Knowles Trust.

00:13:26Yes.

00:13:27Please tell us

00:13:28the reason

00:13:28for your association

00:13:29with the Trust.

00:13:30Yes.

00:13:32My...

00:13:33Our son...

00:13:34Could you speak

00:13:35a little louder?

00:13:38Our son suffers

00:13:39with epilepsy.

00:13:40He needs special care.

00:13:42On March 15th,

00:13:431973,

00:13:44were you present

00:13:44at the board meeting

00:13:45held at the Knowles School?

00:13:47No.

00:13:47I was away

00:13:48for a few days then

00:13:49on a seminar

00:13:50to do with handicapped children.

00:13:51Do you remember

00:13:52anything in particular

00:13:53which happened

00:13:53on March 18th,

00:13:551973?

00:13:56I'm sorry?

00:13:57March...

00:13:59The 18th?

00:14:00while your husband

00:14:01was on holiday?

00:14:04Yes.

00:14:06Major Fawkes

00:14:07spoke to me.

00:14:09Concerning what?

00:14:10He had a check

00:14:11from my husband

00:14:12that he wanted me to sign.

00:14:14Why?

00:14:15Well, any check

00:14:15on behalf of the Trust

00:14:16had to have two signatures

00:14:18on it,

00:14:18and my husband and I

00:14:19were the only trustees

00:14:20with authority to sign.

00:14:22Did Major Fawkes

00:14:22tell you the purpose

00:14:23of the check?

00:14:24Well, he said

00:14:26it was made out

00:14:27to him for convenience,

00:14:28but it was actually

00:14:29intended for

00:14:29Dimbleby and Ince,

00:14:32the stockbrokers.

00:14:33Would you tell us

00:14:34the ensuing conversation

00:14:35in your own words?

00:14:37Well, he said that

00:14:38at the board meeting

00:14:41on the 15th,

00:14:42I think it was,

00:14:44it had been decided

00:14:45to invest...

00:14:46Yes?

00:14:49Some of the Trust's money.

00:14:52How much?

00:14:53He didn't say.

00:14:56Lady Cresswell,

00:14:57please take your time

00:14:59and think carefully.

00:15:02Did the defendant

00:15:03mention any particular sum?

00:15:06No.

00:15:07On the check he gave you,

00:15:09was there any amount

00:15:10filled in?

00:15:11No.

00:15:14Well, then,

00:15:14who filled it in?

00:15:15I did.

00:15:17For what amount?

00:15:19£20,000.

00:15:21Why that amount?

00:15:24Don't ask me.

00:15:27Was it the defendant's idea?

00:15:29No.

00:15:30Well, was it yours?

00:15:32It was.

00:15:34Yes.

00:15:36My Lord,

00:15:37there is a matter of law

00:15:38I should like to discuss

00:15:39with you,

00:15:40which is of no concern

00:15:40to the jury.

00:15:41Yes, I take your meaning.

00:15:43members of the jury,

00:15:45would you retire

00:15:46while this point

00:15:48is discussed?

00:15:59Miss Lewis?

00:16:00I think there can be no doubt

00:16:01as to Lady Cresswell's

00:16:02attitude in examination.

00:16:04I would like your Lordship's leave

00:16:06to treat her

00:16:06as a hostile witness.

00:16:07Do you have any objection

00:16:09to that proposal,

00:16:10Mr Harvesty?

00:16:11Most definitely,

00:16:12my Lord.

00:16:13It's quite obvious

00:16:14that the witness remembers

00:16:15the events in question

00:16:16perfectly clearly.

00:16:17To treat her as hostile

00:16:18would be,

00:16:19in my submission,

00:16:20not only unjustified,

00:16:22but prejudicial.

00:16:23May I point out

00:16:23to your Lordship

00:16:24that her present testimony

00:16:25runs directly opposed

00:16:27to her original statement?

00:16:28Yes.

00:16:30I think I'm bound

00:16:31to grant the application.

00:16:33We'll have the jury back now.

00:16:35Lady Cresswell,

00:16:50do you remember

00:16:51a conversation

00:16:52between yourself

00:16:53and the accused

00:16:53in which mention

00:16:54was made of a clinic

00:16:54in Sweden?

00:16:56Yes.

00:16:58When did it take place?

00:17:01A week or two

00:17:02before he was arrested.

00:17:04What did the accused

00:17:05say in the conversation?

00:17:07He said he thought

00:17:08there was a chance

00:17:08of his daughter

00:17:09going to the

00:17:10Fredrickson Institute

00:17:11at Gothenburg.

00:17:12Why there in particular?

00:17:13They have a unit

00:17:13that specializes

00:17:14in spinal bifida disease.

00:17:16That's what Eloy is...

00:17:17Did he tell you

00:17:17how this was to be paid for?

00:17:20Did he?

00:17:23No.

00:17:24Now,

00:17:25let us return

00:17:25to your meeting

00:17:26with the accused

00:17:27on March the 18th.

00:17:28He asked you

00:17:29to fill in

00:17:29and sign a check for him.

00:17:30Is that correct?

00:17:31Yes.

00:17:31Did you already know

00:17:32the purpose of the check?

00:17:33No.

00:17:34And he told you

00:17:34it was to cover

00:17:35an investment

00:17:35already decided on

00:17:36by the board.

00:17:37Is that correct?

00:17:38Yes.

00:17:38Did he tell you

00:17:39what the amount

00:17:40of the investment

00:17:40was to be?

00:17:41Well, he...

00:17:42Did you already know?

00:17:44No.

00:17:44Well, then who told you?

00:17:46He did.

00:17:47What sum,

00:17:49what figure

00:17:49did Major Fawkes

00:17:51ask you

00:17:51to fill in the check for?

00:17:53What figure,

00:17:54Lady Cresswell?

00:17:56£15,000.

00:17:57Well, I have here

00:17:58your original statement

00:18:00made prior

00:18:01to committal proceedings.

00:18:03I quote,

00:18:04Major Fawkes

00:18:05then told me

00:18:06the sum for investment

00:18:07had been fixed

00:18:07at £20,000.

00:18:09Did you say that?

00:18:11I don't know.

00:18:14I suppose so.

00:18:15And are you now

00:18:15telling us

00:18:16it's not the truth?

00:18:17Yes, you see,

00:18:18I was under a strain.

00:18:19Lady Cresswell,

00:18:21I must remind you

00:18:22that the penalties

00:18:23for committing perjury

00:18:24are severe.

00:18:26You would do well

00:18:27to bear that in mind.

00:18:31For what sum

00:18:32did Major Fawkes

00:18:33tell you

00:18:34to make out the check?

00:18:36£15,000.

00:18:37Then why

00:18:38did you make out

00:18:39the check

00:18:39for £20,000?

00:18:40It was Major Fawkes' idea,

00:18:47wasn't it?

00:18:50Well, was it yours?

00:18:52Well, why shouldn't it be?

00:18:54His daughter

00:18:55deserves every penny of it.

00:18:56It's a scandal

00:18:57people like her

00:18:58can't find proper treatment.

00:19:01I have no further

00:19:02questions, my lord.

00:19:05Have you and your husband

00:19:06always been on good terms

00:19:08with the accused?

00:19:10Yes, we had a very

00:19:11good relationship.

00:19:12You were friends?

00:19:14We were.

00:19:16Do you honestly believe

00:19:18that he cold-bloodedly

00:19:19lied to you

00:19:20in order to obtain

00:19:21that £5,000?

00:19:23No.

00:19:26Whose idea was it?

00:19:29Was it yours?

00:19:33Yes.

00:19:34Would you tell us

00:19:35what really happened?

00:19:38Well, it was while

00:19:42I was away on the seminar

00:19:43I started thinking

00:19:45about what the trust

00:19:45could do to help

00:19:46his daughter.

00:19:48The situation

00:19:48was so absurd

00:19:50just because she

00:19:51hadn't been fortunate

00:19:52enough to have been

00:19:53born with epilepsy

00:19:53like mine.

00:19:55I knew perfectly well

00:19:57the trust could stand

00:19:58another five

00:19:58so I persuaded him

00:20:00to accept it

00:20:01as our investment

00:20:02with the interest

00:20:03to be used

00:20:03for the benefit

00:20:04of his daughter.

00:20:05How did you persuade him?

00:20:06Oh, it wasn't difficult.

00:20:08He was desperate

00:20:09and I told him

00:20:11that I would square it

00:20:12with the board

00:20:12just as soon as

00:20:13my husband's holiday

00:20:14was over.

00:20:15Why didn't you tell

00:20:16all this to the police?

00:20:18Why did you lie to them?

00:20:20It's hard to explain now

00:20:22but when my husband

00:20:24told me that Major Fox

00:20:25had confessed

00:20:26to the main charge

00:20:27that of stealing

00:20:27£15,000

00:20:28I lost my head.

00:20:30I began wondering

00:20:33whether all along

00:20:33James hadn't just been

00:20:34exploiting my sympathy

00:20:36for the situation

00:20:37and I thought about

00:20:39what would happen

00:20:40if the truth about

00:20:41the other 5,000

00:20:42became known.

00:20:44It could have wrecked

00:20:45the trust's reputation

00:20:46and with it

00:20:48the lives

00:20:48of all those children.

00:20:52They were more important

00:20:53even than James.

00:20:54Do you remember

00:20:56the board meeting

00:20:57called by your husband

00:20:59on April the 22nd?

00:21:01Yes.

00:21:02What did he tell

00:21:02the trustees

00:21:03at that meeting?

00:21:05He told us

00:21:06that Major Fox

00:21:07had confessed

00:21:07to stealing £15,000.

00:21:09And when was this

00:21:10confession supposed

00:21:11to have taken place?

00:21:12The day before.

00:21:13In whose presence?

00:21:15My husband's.

00:21:16And who else's?

00:21:18No one's.

00:21:19That night of the 21st

00:21:21can you remember

00:21:22anything else

00:21:22that Sir Richard did?

00:21:24Nothing special.

00:21:25Well let me help you.

00:21:26He got drunk

00:21:27didn't he?

00:21:28Well he drank a little

00:21:29that's all.

00:21:30Was that unusual?

00:21:32Well no.

00:21:32Did he tell you the reason?

00:21:34No.

00:21:35Did you ask him?

00:21:37Surely you asked him.

00:21:40Yes.

00:21:41I suppose I did.

00:21:42But he wouldn't tell you.

00:21:48Lady Cresswell

00:21:49I suggest to you

00:21:50that you've told

00:21:51an extremely stupid lie.

00:21:54The stupidest

00:21:54I've told in my whole life.

00:21:55I'm not referring

00:21:56to your statement

00:21:57to the police.

00:21:57I mean your evidence

00:21:58today in court.

00:21:59That's not a lie.

00:22:00We'll see.

00:22:01Let's go back

00:22:02to your meeting

00:22:02with the accused

00:22:03on March the 18th

00:22:04when he asked you

00:22:05to sign the cheque.

00:22:07By the way

00:22:07what time of day

00:22:08did this take place?

00:22:10About 10 o'clock

00:22:11in the evening.

00:22:12Oh 10 o'clock?

00:22:14Where?

00:22:15We were having dinner

00:22:16at a restaurant.

00:22:18While your husband

00:22:18was on holiday.

00:22:20Are you suggesting

00:22:21that there's something

00:22:21wrong in that

00:22:22Miss Lewis?

00:22:24Not wrong my lord.

00:22:25No.

00:22:25Mainly unusual.

00:22:26But that seems

00:22:27to be an odd thing

00:22:28to say about a woman

00:22:29in this day and age.

00:22:30As your lordship pleases.

00:22:32Lady Cresswell

00:22:33in your new story

00:22:35the idea of investing

00:22:36an extra 5,000 pounds

00:22:38was entirely yours.

00:22:39Yes.

00:22:40And you intended

00:22:41to square it later

00:22:41with the other trustees.

00:22:42Yes.

00:22:43When did you do that?

00:22:45Well I wanted to square it

00:22:46with my husband first

00:22:47but he was on holiday.

00:22:48So you spoke to him

00:22:49on his return?

00:22:51No I'm afraid I didn't.

00:22:52Why not?

00:22:56It's

00:22:57it isn't easy

00:22:58to understand.

00:22:59We'll do our best.

00:23:01Well I

00:23:01I was frightened

00:23:02he'd disapprove.

00:23:04You see

00:23:04our relationship

00:23:05had been going

00:23:06through rather

00:23:06a bad period.

00:23:07That I can understand.

00:23:09What do you mean?

00:23:10Well you appear

00:23:10to put your loyalty

00:23:11to a friend

00:23:12above that

00:23:13to your husband.

00:23:14That's untrue.

00:23:15Is it?

00:23:15Isn't your whole

00:23:16testimony here today

00:23:17a foolish lie

00:23:18motivated by this friendship?

00:23:20No.

00:23:21What's the matter

00:23:21with your mind?

00:23:23Do you think

00:23:23it's impossible

00:23:23for intimacy

00:23:24to exist between

00:23:25a man and a woman

00:23:26unless they're married?

00:23:26Oh I'm aware

00:23:27it's all too possible.

00:23:28What concerns me

00:23:29is the exact degree

00:23:30of that intimacy.

00:23:31Well then I'll tell you.

00:23:32Just answer the question

00:23:34I ask you Lady Cresswell.

00:23:35You've already asked

00:23:36a question by implication

00:23:37Miss Lewis

00:23:38now let the witness

00:23:39answer it.

00:23:40My lord.

00:23:42Well I was only going

00:23:43to say that

00:23:44in our case

00:23:44it's based on the fact

00:23:45that we've seen

00:23:47suffering in both

00:23:48our lives

00:23:48and more important

00:23:50we've felt it.

00:23:53Perhaps you haven't.

00:24:02The case of the Queen

00:24:13against Fawkes

00:24:14will be resumed tomorrow

00:24:15in the Crown Court.

00:24:16The Queen

00:24:46At Forchester Crown Court, Major James Foulkes stands charged with stealing trust funds in his capacity as bursar to a school for epileptic children.

00:24:56The jury have heard one of the trustees, Peter Bateman, confirm that Foulkes was instructed to invest £15,000 of trust money in ICI shares.

00:25:05Henry Walbrook Ince, a stockbroker, testifies that the accused put only 1,500 of this into ICI.

00:25:11The rest was invested under his own name in some high-risk mining shares which are now worthless.

00:25:17The cheque for the investment came from another trustee, Lady Virginia Cresswell.

00:25:22It is alleged that Foulkes deceived her into signing it for £20,000 instead of £15,000.

00:25:27But in the witness box, Lady Cresswell unexpectedly retracted the story and admitted that she herself had suggested investing the extra £5,000 for the benefit of the accused's crippled daughter.

00:25:38The one person still unaware of this fresh development is her husband, Sir Richard Cresswell, chairman of the trust.

00:25:45The man the defence say lies behind this whole squalid affair.

00:25:50Under what circumstances did the accused come to join you on the Knowles Trust?

00:25:54It was in the summer of 1971.

00:25:58I'd met him again after an interval of, what, 20 years.

00:26:03We'd known each other in the army just after the war, so when a bursar became necessary for the trust, we naturally thought of him.

00:26:11Why was that?

00:26:13I happened to know that he'd fallen on hard times recently, economically speaking.

00:26:19But what tipped it was the fact that he had a handicapped daughter himself.

00:26:24I thought that would make him more understanding, more responsible, if you like.

00:26:29And until March of this year, he did nothing to make us regret our decision.

00:26:33Would you tell the court what occurred on March the 15th?

00:26:36Certainly.

00:26:38A meeting of the trustees was held that day.

00:26:40We voted to invest £15,000 of trust money in ICI stock.

00:26:45Was the accused present?

00:26:47Oh, no.

00:26:47I gave him his instructions some hours afterwards.

00:26:50What precisely did you tell him to do?

00:26:52To place that £15,000 in ICI shares and get the cheque signed by my wife while I was away.

00:27:00Nothing else.

00:27:01Please, go on.

00:27:05There really isn't a great deal to tell.

00:27:08It was on April the 21st that Major Foulkes came round to my house in the evening and asked if he could speak to me alone.

00:27:15Then, quite simply, he told me the whole story.

00:27:19What did he tell you?

00:27:20He said he'd only invested £1,500 in ICI shares.

00:27:25All the rest of it had gone on some Australian mining stock known as Metallia, under his own name.

00:27:31£18,500, that is.

00:27:34He said that included an extra £5,000 he'd obtained from my wife by telling her the sum to be invested was £20,000 instead of £15,000.

00:27:42Are you quite certain he said that?

00:27:44Oh, yes.

00:27:46You see, I never told my wife what amount to make out the cheque for.

00:27:49What else did Major Foulkes say?

00:27:52He had in his hand a copy of the Financial Times announcing that the stock exchange had suspended all dealings in Metallia.

00:28:00He also showed me a letter he'd received from our stockbrokers more than ten days before, warning him that the shares were falling rapidly and asking whether any action should be taken.

00:28:11Clerk of the court, would you show the witness, Exhibit A?

00:28:13Sir Richard, do you recognise this letter?

00:28:20Yes, it's the one.

00:28:21Would you read out the date on it?

00:28:23April the 9th.

00:28:24And when did the accused bring it to you?

00:28:27On the 21st.

00:28:28The 21st.

00:28:30Ten days afterwards.

00:28:31If only he'd come to me sooner, I might have been able to help him.

00:28:33Did he give you any reason at all for the things he said he'd done?

00:28:38Not really.

00:28:39At the time he was completely broken.

00:28:41He just kept saying, I've been a fool, you must do whatever you think fit.

00:28:46I see.

00:28:47Go on.

00:28:47Well, I told major folks to let me think it over for 24 hours to see if I could find some way out of the situation.

00:28:54But the next day, very reluctantly, I decided there was no alternative but to call an immediate meeting of the trustees.

00:29:04At that meeting, it was voted that we should inform the police.

00:29:08One last thing.

00:29:09Just imagine, if you can, Sir Richard, that you were the one responsible for this bizarre investment.

00:29:15Can you tell us what would have been your actions subsequently?

00:29:19Certainly.

00:29:19I follow the market reports every day.

00:29:22As soon as Mattalia showed any substantial fall, I'd have unloaded them on the spot.

00:29:28Really, it's as ridiculous as suggesting my wife could give out £5,000 of trust funds without telling anyone.

00:29:36Nevertheless, you're not being asked that at the moment.

00:29:38Well, I was asked a moment ago.

00:29:40And I told you.

00:29:41God, the man confessed.

00:29:43Sir Richard, you are here.

00:29:44I am here to protect my name.

00:29:46And I'm just as entitled to protect my wife's.

00:29:48The fact is, your wife's testimony no longer...

00:29:50If you were about to say what I think you were, that is a piece of grossly improper conduct.

00:29:57I will not have you trying to warn the witness.

00:30:00So long as you are in my court, you will obey the rules of evidence.

00:30:05Now, is that understood?

00:30:06I do apologise, my lord.

00:30:08Then perhaps we may proceed.

00:30:11I'd like to say something for the record, if I may.

00:30:16Yes, Sir Richard?

00:30:17It's just that I'm sure Major Fuchs intended to repay the funds sooner or later.

00:30:22Uh, £18,500 is a great deal of money, Sir Richard,

00:30:26and to have been stolen from you by a man who was once your friend...

00:30:29No, to be honest, we were never really close friends.

00:30:32I bear him no malice.

00:30:35Thank you, Sir Richard.

00:30:40What was Major Fuchs like, as a man to work with?

00:30:43Well, it's hard to put in a word.

00:30:49You always carried out his instructions very efficiently.

00:30:53A follower rather than a leader?

00:30:55You didn't have a great deal of personal initiative, if you know what I mean.

00:30:59But the same can scarcely be said of you.

00:31:02Several witnesses have testified that you possess a bent for speculation.

00:31:07Now, I'd like to turn to the trustees' meeting on March the 15th.

00:31:10Shortly after it, you, as chairman, gave Major Fuchs instructions to invest?

00:31:15Correct.

00:31:15In whose presence?

00:31:17In private.

00:31:18In private?

00:31:19Did you inform him what precise sum was to be invested and in what shares?

00:31:24I told him exactly, £15,000 in ICI.

00:31:27Do you remember what you did next?

00:31:29I told him to get the cheque signed, countersigned, by my wife.

00:31:32Are you proposing to go through all that again?

00:31:35Not at present.

00:31:36Why did you tell him to do so?

00:31:37Because I was going away on a sailing holiday.

00:31:39A sailing holiday at that moment?

00:31:41My lord, is my learned friend suggesting there's something wrong with that?

00:31:45Not at all.

00:31:46Not for those who can afford such luxuries.

00:31:48Mr. Harvesty, this case could move along a lot faster if you would confine yourself to the evidence alone.

00:31:54Certainly, my lord.

00:31:55Now, Sir Richard, let's move on to this letter from the stockbrokers that we've heard so much about.

00:32:01The letter dated April the 9th,

00:32:04and which, you say, my client delayed ten days before giving to him.

00:32:08No, I didn't say he delayed it.

00:32:10I merely said he gave it to me on the 21st.

00:32:13Yes, whichever you prefer,

00:32:14but I suggest that he gave it to you the day after he received it.

00:32:19On the contrary, I'm afraid.

00:32:20I approached him on more than one occasion to ask if there'd been any further communication from our brokers,

00:32:26and I was told they hadn't.

00:32:29He kept that letter right up until his nerve broke.

00:32:33Surely, if you'd wanted to find out the current price of Metallia,

00:32:38you need only have looked in the financial time.

00:32:40You're forgetting that at that stage,

00:32:42I had no idea any money had been invested in Metallia.

00:32:46You're quite right.

00:32:47For one moment, I had forgotten.

00:32:50Now, let's turn to this evening on which,

00:32:53in your dramatic phrase,

00:32:54the defendant's nerve broke.

00:32:57Do you still maintain your story that he admitted everything?

00:33:01Of course.

00:33:02You'll agree that Major Fawkes had little or no knowledge of the stock market?

00:33:06Very little.

00:33:07And yet, you expect this court to believe that all by himself,

00:33:10he caught on to some shares which at that time were virtually unknown?

00:33:14I don't expect you to believe anything.

00:33:16I'm merely telling you what I witnessed.

00:33:18That's all.

00:33:19Yes.

00:33:20Well, I'll come now to Major Fawkes' confession.

00:33:24In this, according to you,

00:33:25he admitted lying to your wife over the sum which was to be invested,

00:33:29telling her it was £20,000 and not £15,000.

00:33:32Yes.

00:33:32You're quite sure that's correct?

00:33:34Yes.

00:33:36Would it surprise you to learn that your wife has now changed her testimony on this point?

00:33:41She now admits that it was her idea

00:33:43to sign that cheque for the extra £5,000

00:33:47to be invested

00:33:48on behalf of the defendant's daughter.

00:33:56That's impossible.

00:33:58Nevertheless, it is a fact, Sir Richard.

00:34:01I'll ask you again.

00:34:03Do you still maintain that Major Fawkes

00:34:06confessed to you that he had deceived Lady Virginia?

00:34:10Or are you saying that your wife is a liar?

00:34:13I...

00:34:14I don't think that the jury heard that, Sir Richard.

00:34:20What I've told you is true.

00:34:24And I put it to you that your whole account of that evening

00:34:27is a tissue of lies

00:34:28invented to save your own skin.

00:34:30A moment.

00:34:32Sir Richard,

00:34:33did you and Lady Virginia

00:34:34discuss this affair between yourselves?

00:34:36No.

00:34:38Not at any time?

00:34:40Not really.

00:34:41Our relationship isn't very close at the moment.

00:34:44This is very important.

00:34:46From your own knowledge,

00:34:47can you think of any reason

00:34:48why Lady Virginia's present testimony

00:34:51does not concur with her original deposition?

00:34:54I don't presume to criticise your Lordship,

00:34:57but surely the witness isn't qualified to answer that?

00:35:00Thank you for your guidance, Mr. Harvesty,

00:35:03but since the witness is her husband,

00:35:05I judge him to be.

00:35:08As your Lordship directs.

00:35:10Sir Richard?

00:35:12I can only think

00:35:13she felt sympathy for Major Fawkes,

00:35:16as I did.

00:35:18And doesn't want to put him in prison.

00:35:21I see.

00:35:24Proceed, Mr. Harvesty.

00:35:25My Lord.

00:35:26Sir Richard,

00:35:27after the defendant left you that night,

00:35:30did you start to drink?

00:35:32Not the way you put it.

00:35:34I had one or two.

00:35:36I wanted to think.

00:35:38Yes, I'm sure you did.

00:35:39So much so that you drank very heavily.

00:35:41Is that your business?

00:35:43No, no, it's entirely your own affair,

00:35:44but isn't it dangerous

00:35:45for someone prone to epilepsy

00:35:47to drink a lot?

00:35:47My Lord.

00:35:48Is that really relevant, Mr. Harvesty?

00:35:51I should have thought it was significant, my Lord.

00:35:53But if your Lordship prefers,

00:35:55I shan't insist.

00:35:56I don't expect you to believe this,

00:35:58but the truth is

00:35:59I felt a responsibility for Major Fawkes,

00:36:02having been the one

00:36:03who recommended him in the first place.

00:36:04Well, let's see just how

00:36:05you demonstrated this responsibility,

00:36:08shall we?

00:36:09You called a meeting of the trustees

00:36:11the following afternoon, yeah?

00:36:12Yeah.

00:36:13Such meetings were normally held

00:36:14at the school, weren't they?

00:36:16Yeah.

00:36:16Then why did you arrange for this one

00:36:17to take place at the home

00:36:18of one of the trustees?

00:36:20It was a question of time.

00:36:22It's the most convenient place.

00:36:24Yes, very convenient.

00:36:25There's no chance

00:36:26of Major Fawkes being present

00:36:28to hear what was said, was there?

00:36:29In fact, he had no knowledge

00:36:30of that meeting, did he?

00:36:31I phoned him afterwards.

00:36:32Oh, was that after you'd been

00:36:33to see the police?

00:36:34Naturally.

00:36:35And when did you see them?

00:36:37Mr. Bateman and I went round

00:36:40straight after the meeting,

00:36:42around four.

00:36:43And when did you ring Major Fawkes?

00:36:45I called him sometime that evening.

00:36:49To be more precise at 7.30, wasn't it?

00:36:52Yes, I believe so.

00:36:54Why did you wait so long

00:36:55before phoning him?

00:36:58Wasn't it so that he should have no time

00:37:00to be able to communicate with anyone?

00:37:03No.

00:37:03I just didn't know how to break it to him.

00:37:08Oh, yes, yes, your sense of responsibility.

00:37:11Did you show the same towards the soldiers

00:37:12under your command?

00:37:13Oh, my Lord, how much longer must we sit here

00:37:15and listen to these personal insults?

00:37:17Mr. Harvesty, I repeat,

00:37:18this case could progress a lot faster

00:37:21if you would confine yourself

00:37:22to the evidence alone.

00:37:24I apologise, Manor.

00:37:26Sir Richard, I put it to you

00:37:29that you initiated this criminal scheme

00:37:31and then...

00:37:32No, no, no, pardon me.

00:37:33If I had initiated it,

00:37:35it would not have been criminal.

00:37:36Oh?

00:37:37Why is that?

00:37:38Because I could have afforded to

00:37:40and would have repaid

00:37:41every penny that had been lost.

00:37:43Yes, well, it's a little late in the day

00:37:44for such sentiments, I'm afraid.

00:37:46You've managed to mislead people until now.

00:37:48That's untrue.

00:37:49Is it?

00:37:51Didn't you mislead the accused

00:37:52into doing your dirty work for you

00:37:54under his own name

00:37:55just as you mislead him

00:37:57from the very beginning

00:37:58by promising him

00:37:59that his daughter could have a place

00:38:01at the school

00:38:01and then going back on that promise?

00:38:03That's also untrue.

00:38:04I never made such an offer.

00:38:07The truth is

00:38:07the girl suffers from spina bifida

00:38:10and her intelligence doesn't measure up

00:38:13to most of our children.

00:38:14In case you don't know,

00:38:16a lot of epileptic children

00:38:17have very high IQs

00:38:19and they don't...

00:38:19Yes, well, no doubt.

00:38:20Let the witness answer the question.

00:38:22Mr. Hubbs, dear.

00:38:25I was just going to say

00:38:27that epileptic children

00:38:30are only incontinent

00:38:33after a fit

00:38:35but the defendant's child

00:38:37is permanently so.

00:38:41Good God,

00:38:42do you think I'm a monster?

00:38:44Not in law

00:38:45but I do suggest

00:38:46that you're a liar,

00:38:47that you've been lying

00:38:48to this court here today

00:38:50just as you've lied

00:38:51to those people

00:38:52who trusted you.

00:38:53I don't understand

00:38:54what you mean.

00:38:55Don't you?

00:38:56Isn't it a fact

00:38:57that you didn't even tell your wife

00:38:58that you were prone to epilepsy

00:38:59until after you're married?

00:39:00My lord, may...

00:39:01Mr. Hubbs, dear.

00:39:02I withdraw that question, my lord.

00:39:04I don't think

00:39:04any answers necessary.

00:39:06I have never lied

00:39:08to Major Fawkes.

00:39:09I have always

00:39:09treated him fairly.

00:39:11You call a salary

00:39:12of 1,800 pounds a year

00:39:13treating him fairly?

00:39:14The trust couldn't afford anymore.

00:39:16Oh, but you personally

00:39:17could have done?

00:39:17Well, my wife gave him

00:39:18substantial help

00:39:20out of her own money.

00:39:21Yes,

00:39:21which brings me

00:39:22to my final point.

00:39:25You resented

00:39:25the close relationship

00:39:27between them, didn't you?

00:39:28No.

00:39:28You resent it

00:39:29because it's something

00:39:30better than your own.

00:39:31That's stupid.

00:39:32I don't think so.

00:39:34I put it to you

00:39:35that you suffered,

00:39:36and I use that word advisedly,

00:39:38you suffered

00:39:39from a strong

00:39:39but concealed

00:39:40personal antipathy

00:39:41toward the man

00:39:42there in the dock.

00:39:43And that that antipathy

00:39:44revealed itself

00:39:45on the day

00:39:46that your gamble failed

00:39:47and you decided

00:39:48to make him

00:39:49your scapegoat.

00:39:51I can't even

00:39:52recognize myself.

00:39:55I'm sorry to use

00:39:56a cliche,

00:39:57but as far as

00:39:57I'm concerned,

00:39:58my wife and Major Fawkes

00:39:59were just

00:40:00friends.

00:40:03Nothing else.

00:40:05No doubt,

00:40:06Sir Richard.

00:40:08You may

00:40:09step down,

00:40:10Sir Richard.

00:40:12That concludes

00:40:13the case

00:40:14for the prosecution,

00:40:15my lord.

00:40:27you are Major James Fawkes

00:40:33of 24 Hillfield,

00:40:34Crescent,

00:40:34Fulchester.

00:40:36Yes.

00:40:37Would you speak up,

00:40:38please?

00:40:39Yes, I am.

00:40:40Now, Major,

00:40:41I'd like you to tell the court

00:40:42quite simply

00:40:43and in your own words

00:40:44everything that happened

00:40:46beginning on March the 15th.

00:40:48On the afternoon

00:40:50of that day,

00:40:52Sir Richard Creswell

00:40:53came to my office

00:40:54and told me

00:40:55that the trustees

00:40:56had decided

00:40:56to make

00:40:57an investment,

00:40:59a sizable one.

00:41:01Later...

00:41:01That's all he said?

00:41:04Yes.

00:41:05He seemed quite excited

00:41:06about the idea.

00:41:09Later on,

00:41:10just as I was leaving,

00:41:10he came in alone,

00:41:12suggested that we should

00:41:13go to our local

00:41:14for a drink.

00:41:16When we arrived there,

00:41:17he gave me the details.

00:41:1815,000 pounds,

00:41:211,500 of which

00:41:22was to go into

00:41:23ICI shares

00:41:24and the rest

00:41:25into Metallia mining.

00:41:27Then he asked me

00:41:29to keep

00:41:29the whole matter

00:41:30under my hat

00:41:31because he didn't want

00:41:32anyone else

00:41:32catching on to Metallia.

00:41:34Also, he thought

00:41:36that some people

00:41:37might disapprove

00:41:38of the trust

00:41:39speculating

00:41:40in that type of share.

00:41:41Some people?

00:41:43I assume by that

00:41:44that he meant

00:41:44some of the children's

00:41:46parents and our supporters.

00:41:47Go on.

00:41:49Well, I was wondering

00:41:50why he was telling

00:41:50all this to me

00:41:51when he asked me

00:41:52to take charge

00:41:53of it myself

00:41:54because he was

00:41:54going on holiday.

00:41:56He said that

00:41:57the investment

00:41:58would only be short term,

00:42:00a month or two

00:42:00at the most,

00:42:02and that as soon

00:42:02as Metallia

00:42:03had gone up 50 points,

00:42:05it'd sell,

00:42:06and then he'd tell

00:42:07the faint hearts

00:42:08about the killing.

00:42:09So I agreed.

00:42:11Why?

00:42:13As a favor.

00:42:14In the hope

00:42:16that my value

00:42:17to the trust

00:42:18might be better

00:42:19recognized.

00:42:20What happened next?

00:42:22As Sir Richard suggested,

00:42:24I went to Lady Virginia

00:42:26for the check.

00:42:27I asked her

00:42:27to make it out

00:42:28for 15,000.

00:42:29But to cut a long

00:42:32discussion short,

00:42:33she persuaded me

00:42:35to accept

00:42:35an extra 5,000 pounds

00:42:37to invest

00:42:38for Eloise,

00:42:39for my daughter.

00:42:40A few days afterwards,

00:42:43I took the check

00:42:44for 20,000

00:42:45to Mr. Ince

00:42:47and arranged

00:42:48the investment

00:42:49with him.

00:42:511,500

00:42:52in ICI shares,

00:42:5318,500

00:42:56in Metallia

00:42:57under my name.

00:42:59Sir Richard had suggested

00:43:00using my name

00:43:00for the sake of discretion.

00:43:02Ah.

00:43:02Now that 18,500

00:43:04included

00:43:05the extra 5,000.

00:43:07Yes.

00:43:07Yes, I was a fool.

00:43:09But the truth is,

00:43:11for the sake of my daughter,

00:43:12I was prepared

00:43:13to back

00:43:13Sir Richard's instincts.

00:43:15The profits

00:43:15looked so good.

00:43:17Continue.

00:43:17On April the 10th,

00:43:21I had a letter

00:43:22from Ince

00:43:22saying that

00:43:24Metallia mining

00:43:25were going down

00:43:25quite fast.

00:43:27There was a partial recovery,

00:43:28but it didn't last.

00:43:30What did you do

00:43:31with that letter?

00:43:33I showed it

00:43:33to Sir Richard

00:43:34the very next morning

00:43:34and he kept it.

00:43:35But not you,

00:43:36as he claims.

00:43:37No, not me.

00:43:38He also claims

00:43:40that if,

00:43:40as you maintain,

00:43:41the Metallia investment

00:43:42had really been his idea,

00:43:44he would have pulled out

00:43:45by that stage.

00:43:46Well, what do you say

00:43:47to that?

00:43:48What can I say?

00:43:51Only that

00:43:52I suggested to him

00:43:54that we sell

00:43:54while we still had the chance,

00:43:55but he wouldn't hear of it.

00:43:57He said that

00:43:58the whole secret

00:43:59of speculation

00:44:00was knowing

00:44:00when to hang on.

00:44:03You see,

00:44:03now he was just

00:44:03burying his head

00:44:04in the sand.

00:44:05Now, at the foot

00:44:05of this letter,

00:44:06there appear the words,

00:44:07It's out of my hands now.

00:44:09God, what a mess.

00:44:10You don't deny

00:44:11that they were written by you?

00:44:13No.

00:44:14And I believe

00:44:15they support

00:44:16my version

00:44:18of the events.

00:44:19Yes, I see.

00:44:20Carry on.

00:44:22Yes.

00:44:23Well, that's

00:44:24just what we did.

00:44:25We carried on,

00:44:26he and I,

00:44:26the blind leading

00:44:27the blind,

00:44:29until quite suddenly

00:44:30the stock exchange

00:44:31suspended dealing

00:44:32in Metallia.

00:44:34That was on

00:44:34April the 21st,

00:44:37the night that I went

00:44:38to him

00:44:39and to insist

00:44:40that he must act.

00:44:40he asked me

00:44:42to give him

00:44:4324 hours

00:44:44to do nothing

00:44:45until I heard

00:44:46from him.

00:44:48Is there any truth

00:44:49whatsoever

00:44:50in Sir Richard's

00:44:51story of your confession?

00:44:53No.

00:44:55He did get one thing

00:44:56right, though.

00:44:57I was carrying a copy

00:44:58of the Financial Times.

00:45:00Hmm.

00:45:01What happened

00:45:01after that?

00:45:03At about

00:45:04one o'clock

00:45:05in the morning,

00:45:06I telephoned him.

00:45:07I couldn't sleep.

00:45:09He was extremely

00:45:10incoherent.

00:45:11He had been drinking.

00:45:11My lord,

00:45:12that is conjecture.

00:45:13Major Fawkes,

00:45:14you yourself

00:45:14do not know that.

00:45:17Very well.

00:45:18He sounded

00:45:19as if he had been drinking.

00:45:21I felt sorry for him,

00:45:22so

00:45:23I decided to leave things

00:45:25as they were

00:45:25until the following afternoon

00:45:26and I

00:45:27telephoned him

00:45:28at his house,

00:45:29but there was no answer.

00:45:32Finally,

00:45:32at about

00:45:327.30,

00:45:34Sir Richard

00:45:35telephoned me

00:45:36I remember

00:45:37it quite clearly.

00:45:39He said,

00:45:40I have decided

00:45:41that the truth

00:45:42will have to come out.

00:45:43Those precise words.

00:45:44What was your reaction?

00:45:46I was pleased,

00:45:48of course.

00:45:49I

00:45:49never suspected anything

00:45:51right up until

00:45:52the police came

00:45:53to question me,

00:45:54after which

00:45:55I was charged.

00:45:57Did Sir Richard

00:45:57give you any warning

00:45:58at all

00:45:59of what was going to happen?

00:46:01No one did.

00:46:03When you learned

00:46:04that Lady Cresswell

00:46:05was to appear here

00:46:06as a prosecution witness

00:46:08concerning the loss

00:46:09of this

00:46:095,000 pounds,

00:46:12did you attempt

00:46:12to communicate

00:46:13with her?

00:46:15I tried to see her twice

00:46:16but she wouldn't speak

00:46:17to me.

00:46:21So far

00:46:22you've given us

00:46:22an admirably clear

00:46:23account, Major.

00:46:24However,

00:46:25there are one or two things

00:46:26my learned friend

00:46:26has left out

00:46:27and with your help

00:46:29I propose

00:46:29to remedy that.

00:46:30By all means.

00:46:31How would you describe

00:46:32your profession?

00:46:35I'm a soldier.

00:46:36That was 20 years ago,

00:46:38wasn't it?

00:46:3918.

00:46:4018.

00:46:41What did you do

00:46:41after that?

00:46:43I started a small

00:46:44furniture business.

00:46:45What happened to it?

00:46:47It failed.

00:46:48What is the longest time

00:46:51you've stayed

00:46:51in any one job?

00:46:53Three years.

00:46:55What do you earn?

00:46:571800 pounds a year.

00:46:58At 49?

00:47:00It's also my army pension.

00:47:02Your wife

00:47:02has a heart condition,

00:47:03has she not?

00:47:05Yes.

00:47:06I understand

00:47:06this makes it necessary

00:47:07for you to employ

00:47:08a home help

00:47:09to look after your daughter.

00:47:10Yes.

00:47:11Your daughter's illness

00:47:12also requires treatment,

00:47:14does it not?

00:47:15If she's a spina bifida,

00:47:16what do you think?

00:47:18Do you think that life

00:47:19has been hard to you?

00:47:21Would you?

00:47:22I'm asking you, Major.

00:47:26Well, yes,

00:47:27I feel that.

00:47:28Do you resent it?

00:47:30Sometimes.

00:47:31I suggest to you,

00:47:32you see,

00:47:32that your feelings

00:47:33of resentment

00:47:33and injustice

00:47:34have all become focused

00:47:36in the person

00:47:36of your employer,

00:47:37Sir Richard Cresswell.

00:47:38Are you mistaken?

00:47:39You believe,

00:47:39do you not,

00:47:40that he promised

00:47:40and then denied

00:47:41your daughter

00:47:41a place at the school?

00:47:43You tell me

00:47:44that it isn't true

00:47:45that he did that.

00:47:45Whether or not

00:47:46it is true,

00:47:47you believe it

00:47:48to be true.

00:47:50I don't condemn

00:47:51a man

00:47:52just because

00:47:53he doesn't need

00:47:54to work for his living.

00:47:55Really?

00:47:56Are you sure?

00:47:58You see,

00:47:58Mr Bateman

00:47:58has already testified

00:47:59that you made

00:48:00a remark to him

00:48:01concerning the

00:48:02inequality of wealth

00:48:03in this country.

00:48:03In this world.

00:48:04As you wish.

00:48:05I've seen a great deal

00:48:06more of inequality

00:48:07than you have.

00:48:07I doubt it.

00:48:08I was in Berlin

00:48:10after the war.

00:48:11I was in Korea.

00:48:13I was in Cyprus.

00:48:14If you had seen...

00:48:15Yes?

00:48:16You would have realized

00:48:17that what we need

00:48:18is to take a knife

00:48:19to the body

00:48:20of our whole sick society.

00:48:22Amputate the rotten parts.

00:48:23The case of the Queen

00:48:45against Fawkes

00:48:46will be resumed tomorrow

00:48:47in the Crown Court.

00:48:49I was in Berlin

00:49:04after the war.

00:49:05I was in Korea.

00:49:07I was in Cyprus.

00:49:08If you had seen,

00:49:10you would have realized

00:49:12that what we need

00:49:12is to take a knife

00:49:13to the body

00:49:14of our whole sick society

00:49:15and amputate

00:49:16the rotten parts.

00:49:17Major James Fawkes

00:49:33stands charged

00:49:34with stealing trust funds

00:49:35in his capacity

00:49:36as bursar

00:49:37to a school

00:49:37for epileptic children.

00:49:39The jury have heard

00:49:40Sir Richard Cresswell

00:49:41state that Fawkes

00:49:42was instructed

00:49:42to invest

00:49:43£15,000

00:49:44of trust money

00:49:45in ICI shares.

00:49:47Henry Ince,

00:49:48a stockbroker,

00:49:48has testified

00:49:49that the accused

00:49:49put only 1,500 of this

00:49:51into ICI.

00:49:52The rest was invested

00:49:53under his own name

00:49:54in some high-risk mining shares

00:49:56which are now worthless.

00:49:58The check for the investment

00:49:59came from Lady Virginia Cresswell,

00:50:01mother of an epileptic boy.

00:50:03It is alleged

00:50:04that Fawkes deceived her

00:50:05into signing it

00:50:06for £20,000

00:50:06instead of £15,000.

00:50:08But in the witness box,

00:50:09she unexpectedly retracted

00:50:11this story.

00:50:12The defence case

00:50:13is that Fawkes

00:50:14acted under the guidance

00:50:15of Sir Richard Cresswell

00:50:16and is now

00:50:17being made the scapegoat.

00:50:19I would like now

00:50:20to return to your work

00:50:21at the school.

00:50:23Frankly, Major,

00:50:24I find it hard

00:50:24to understand why,

00:50:25feeling yourself

00:50:26to be the victim

00:50:27of injustice

00:50:27at the hands

00:50:28of the Knowles Trust,

00:50:29you continue to work there.

00:50:30You may find it hard.

00:50:32I don't.

00:50:33My family needed the money.

00:50:36And I needed the strength

00:50:37that I was given

00:50:38by Lady Cresswell's friendship.

00:50:39Yes, we've gathered that.

00:50:42You needn't worry, anyway.

00:50:45I've been dismissed now.

00:50:46I'm very sorry to hear it.

00:50:48Now, as to this unofficial present

00:50:50of £5,000

00:50:51which you say Lady Cresswell

00:50:52gave you right out of the blue...

00:50:54You know damn well

00:50:55that that was for my daughter

00:50:56and just the interest

00:50:57on it at that.

00:50:57And you know perfectly well

00:50:59that she could never

00:51:00have done such a thing.

00:51:01For what reason?

00:51:02Because both of you

00:51:03were well aware

00:51:04that the other trustees

00:51:05could never have approved

00:51:06a gift of that nature.

00:51:08Yes, I asked her about that

00:51:10and she pointed out to me

00:51:11that the trust deed

00:51:12did allow it.

00:51:13Nevertheless...

00:51:15Let me finish, please.

00:51:17The terms of reference

00:51:19say that money

00:51:22may be used

00:51:23for the benefit

00:51:24of severely epileptic children

00:51:27and other allied charitable causes

00:51:29at the discretion of the trustees.

00:51:31I believe I've got it correctly.

00:51:32I hardly think your daughter

00:51:34qualifies as a charitable cause

00:51:36under those terms.

00:51:38No, she's just

00:51:39a bloody cripple, isn't she?

00:51:41I'm sorry.

00:51:42I...

00:51:42I didn't mean to offend you.

00:51:45I'll take your word for it.

00:51:47Now, if this extra £5,000

00:51:48was genuinely intended

00:51:50as an investment

00:51:51for the benefit of your daughter,

00:51:52why did you never approach

00:51:53any member of the board

00:51:55for their approval?

00:51:56I left that to Lady Cresswell.

00:51:58She has a way with people.

00:52:00That's very convenient.

00:52:02It doesn't begin to stand up.

00:52:03Despite her noble attempt

00:52:05to protect you in court,

00:52:06the plain, unvarnished truth

00:52:08is that you lied to her.

00:52:09It's not.

00:52:09You told her to make out

00:52:10the cheque for £5,000 extra

00:52:12because you knew

00:52:13that she was unaware

00:52:13of the board's decision.

00:52:14I told her to make it out

00:52:15for £15,000.

00:52:17She said so herself.

00:52:18Let's go on.

00:52:19If this extra £5,000

00:52:20was a legitimate investment,

00:52:22why did you...

00:52:22why did you never invest it

00:52:24under the trust's name?

00:52:26Because I had no wish

00:52:27to bring the trust

00:52:28into disrepute

00:52:28because the whole

00:52:30Metallia scheme

00:52:31was a dirty investment.

00:52:32Do you mean speculative?

00:52:33No, I mean the whole thing

00:52:34was a total disaster,

00:52:35that's all.

00:52:36I should have put the money

00:52:37into ICI.

00:52:39Did you tell Lady Cresswell

00:52:40what you had done with it?

00:52:42No, I didn't.

00:52:43Why not?

00:52:45She never asked.

00:52:47She never asked?

00:52:50Virginia Lowe's

00:52:51the money side of things.

00:52:52Ah, so there you are

00:52:54with a total of £18,500

00:52:56invested in these mining shares

00:52:58which were now falling fast.

00:52:59At that stage you received

00:53:01a letter from

00:53:02the stockbroker concerned

00:53:04warning you

00:53:05that the collapse

00:53:06was imminent.

00:53:06Did you then say anything

00:53:07to Lady Cresswell?

00:53:08It wasn't her worry.

00:53:10We've heard a great deal

00:53:11about the intimacy

00:53:12that existed between you.

00:53:14Surely if you were innocent

00:53:15you would have confided in her.

00:53:17There was another factor.

00:53:19There was supposed to be

00:53:20a seller's market

00:53:20just around the corner.

00:53:21At least Cresswell

00:53:22thought there was

00:53:23and I trusted his instinct.

00:53:24Whatever the reasons may be

00:53:26it is a truly

00:53:26staggering list of omissions.

00:53:28We've heard a great

00:53:30web of events

00:53:31to your story.

00:53:32Let's now see

00:53:32if it is possible

00:53:33to summarise them

00:53:34briefly for the benefit

00:53:36of the jury.

00:53:36Please correct me

00:53:37if I make a mistake.

00:53:38I will.

00:53:40Firstly,

00:53:41this so-called gift

00:53:42of £5,000

00:53:43which you invested

00:53:44in Metallia

00:53:45under your name

00:53:46you never at any point

00:53:48said anything about it

00:53:49to Lady Cresswell?

00:53:50No.

00:53:51Nor to her husband?

00:53:53No.

00:53:53Nor to any of the other trustees?

00:53:54No.

00:53:55You never at any stage

00:54:03informed Lady Cresswell

00:54:04what had been done with it?

00:54:05I told you.

00:54:06Just answer the question.

00:54:08No, I didn't.

00:54:09Nor any of the other trustees?

00:54:11No.

00:54:12Well, you seem to have

00:54:13omitted a remarkable

00:54:14amount of information.

00:54:17God is aware

00:54:18of the reason for that

00:54:19even if you're not.

00:54:20Oh?

00:54:21What reason?

00:54:23Something they taught us

00:54:24in the army.

00:54:26Loyalty.

00:54:27If you can understand

00:54:28that concept.

00:54:30Loyalty to whom?

00:54:32Towards my employer,

00:54:34Sir Richard Cresswell.

00:54:35He asked me to be discreet

00:54:37about Metallia.

00:54:39I gave him my word.

00:54:41Really?

00:54:42And was it loyalty

00:54:44to your employer

00:54:44that led you

00:54:45with a sick wife

00:54:46of your own

00:54:46to conduct an affair

00:54:48with his wife

00:54:48behind his back?

00:54:49My lord,

00:54:50I object to that.

00:54:51None of the witnesses

00:54:52has suggested

00:54:53any impropriety

00:54:54in my client's relations

00:54:55with Lady Cresswell.

00:54:56I think your lordship

00:54:57will agree.

00:54:58One doesn't only measure

00:54:59loyalty sexually.

00:55:00Nevertheless,

00:55:01you intended it

00:55:02in those terms.

00:55:03I think you should

00:55:04withdraw the remark.

00:55:05As your lordship pleases.

00:55:07I have then

00:55:08no further questions.

00:55:10May, may,

00:55:11you may return

00:55:12to the dock,

00:55:13Major Fonks.

00:55:13Thank you, Lord.

00:55:17I call

00:55:18Mrs. Violet Fonks.

00:55:20Violet Fonks, please.

00:55:22You are Mrs. Violet Fonks

00:55:23of 24 Hillfield,

00:55:25Crescent, Fulchester?

00:55:26Yes.

00:55:26You are the defendant's wife?

00:55:27Yes.

00:55:28Your daughter,

00:55:30Eloise,

00:55:30isn't a normal child,

00:55:32is she?

00:55:32No.

00:55:33In what way

00:55:33is she abnormal?

00:55:35She has what they call

00:55:36spina bifida.

00:55:38Do you look after her

00:55:38yourself?

00:55:39Yes.

00:55:40Completely?

00:55:42No,

00:55:42there is also

00:55:43a home help.

00:55:45Will you tell the court

00:55:46why this is necessary?

00:55:49I...

00:55:49You suffer from

00:55:50a heart condition.

00:55:51Yes, yes.

00:55:52Does this affect you

00:55:53very much?

00:55:54Well, I can't do

00:55:55a lot of the things

00:55:56I used to do.

00:55:58Does your...

00:55:58Does your daughter

00:55:59receive regular treatment?

00:56:01No, she never has.

00:56:02Why not?

00:56:03It's not easy to get

00:56:05unless you're well off.

00:56:07Have you and your husband

00:56:08at any time recently

00:56:09made plans to get

00:56:11special attention for her?

00:56:13Yes.

00:56:14Will you tell the court

00:56:15about that, please?

00:56:17Eighteen months ago

00:56:19we heard about

00:56:20a clinic in Gothenburg

00:56:22in Sweden

00:56:22where they take

00:56:23spina bifida cases

00:56:25up to the age of sixteen.

00:56:27They do research as well.

00:56:30We wrote to them

00:56:31about Eloise.

00:56:32With what result?

00:56:33Oh, the competition

00:56:34was just too much.

00:56:36Well, for a sister's place

00:56:38as that is.

00:56:38It would have been different

00:56:40if we could have paid.

00:56:42Did that situation change?

00:56:44Yes.

00:56:45One day my husband

00:56:46said that he'd managed

00:56:48to find the money.

00:56:49A long-term loan

00:56:51he was hoping

00:56:51a friend would give him.

00:56:53Can you remember

00:56:54when your husband

00:56:54first mentioned

00:56:55the possibility

00:56:56of this loan?

00:56:58Yes.

00:56:58It was before the board

00:57:00ever decided

00:57:01to invest any money.

00:57:03How long before?

00:57:05It would be

00:57:06in early in

00:57:081973

00:57:09at least a month

00:57:11before.

00:57:12So your husband

00:57:13had already planned

00:57:14to send Eloise

00:57:15to Sweden

00:57:16a whole month

00:57:17before he became aware

00:57:19that the board

00:57:19would entrust him

00:57:20with the sum

00:57:21of 15,000 pounds?

00:57:22Yes.

00:57:23Do you believe him

00:57:24capable of putting money

00:57:26that didn't belong to him

00:57:27into unauthorized shares

00:57:28for his own personal profit?

00:57:29Why shouldn't he be

00:57:31capable of it?

00:57:33I beg your pardon?

00:57:35Well there's nothing

00:57:36strange about that.

00:57:37I mean he was very worried

00:57:39he was going to...

00:57:40Are you trying to tell us...

00:57:41Let the witness finish

00:57:42Mr Harvesty.

00:57:43Sorry my lord.

00:57:46Go on Mrs Foyce.

00:57:48It was going to cost

00:57:491,800 pounds

00:57:51to send Eloise

00:57:53to the Frederiksen Institute

00:57:54but as a matter of fact

00:57:57he couldn't have done

00:57:58what people said.

00:58:00How do you know?

00:58:01My husband

00:58:02is a very religious man.

00:58:04Yes in what way?

00:58:06He believes

00:58:07that God's will

00:58:08is being worked out

00:58:09on earth

00:58:10that we see it

00:58:11every day.

00:58:13Do you recall

00:58:15the evening

00:58:15prior to the day

00:58:17on which your husband

00:58:17was arrested?

00:58:19Yes.

00:58:19Do you recall

00:58:20anything in particular

00:58:21that occurred

00:58:21that evening?

00:58:23Yes.

00:58:23He came home

00:58:24later than usual.

00:58:26He said he'd been

00:58:27to see Sir Richard Creswell

00:58:29at his home.

00:58:30What was his mood?

00:58:32Oh he seemed

00:58:33rather worried

00:58:34about something.

00:58:35He tried not

00:58:36to let me see it

00:58:37but I could tell.

00:58:38Did he seem

00:58:39at all frightened

00:58:41to you?

00:58:41Oh no.

00:58:42No.

00:58:43Did anything else happen?

00:58:45Yes.

00:58:47Sometime

00:58:47in the early

00:58:48hours of the morning

00:58:49he made a phone call.

00:58:51Do you know

00:58:51to whom?

00:58:52Yes I was still awake

00:58:54and when he came

00:58:55back to bed

00:58:56I asked.

00:58:57He said

00:58:58he'd been speaking

00:58:59to Sir Richard.

00:59:01He said

00:59:02one other thing

00:59:03as well.

00:59:04What was that?

00:59:06He said

00:59:06those who live

00:59:09by the sword.

00:59:11Do you know

00:59:11to whom he was referring?

00:59:13Sir Richard

00:59:14I thought.

00:59:14those who live

00:59:16by the sword

00:59:17that's all?

00:59:19Yes.

00:59:21Please stay

00:59:21where you are.

00:59:24When was your husband

00:59:25arrested Mrs. Fawkes?

00:59:27Sorry

00:59:27sorry

00:59:27what did you say?

00:59:29I said

00:59:29when was your husband

00:59:30arrested?

00:59:31The day

00:59:32after the phone call.

00:59:34What was the date?

00:59:35It would be last

00:59:38May

00:59:40or June.

00:59:43It was April.

00:59:45Your memory for dates

00:59:46doesn't seem awfully

00:59:46reliable does it?

00:59:48And now

00:59:49as to this mysterious

00:59:50friend who was to

00:59:51give your husband

00:59:51a loan

00:59:52what was his name?

00:59:54I'm afraid

00:59:54I didn't know him

00:59:55it was someone

00:59:56my husband met

00:59:57in the army

00:59:58as a business

01:00:00I believe.

01:00:00I see.

01:00:02Did your husband

01:00:03ever discuss

01:00:03Sir Richard Cresswell

01:00:04with you?

01:00:05Sometimes.

01:00:06What were his feelings

01:00:07towards him?

01:00:08He felt

01:00:09Sir Richard

01:00:10had stopped

01:00:10our daughter

01:00:11from getting

01:00:11a place

01:00:12at the school.

01:00:13He just

01:00:14didn't believe

01:00:15Sir Richard's

01:00:15reasons for it.

01:00:17What reasons?

01:00:18Apparently

01:00:19Sir Richard

01:00:20thought the school

01:00:21wouldn't suit

01:00:21Aloise

01:00:22because her

01:00:23intelligence

01:00:24wasn't up to

01:00:24that of the

01:00:25epileptic children.

01:00:26What were your

01:00:27feelings about that?

01:00:28I never thought

01:00:30her intelligence

01:00:30was all that

01:00:31important.

01:00:32A lot of other

01:00:33things she could

01:00:33do with

01:00:34before that.

01:00:35I see.

01:00:36Your husband

01:00:37is a man

01:00:37of strong

01:00:38convictions

01:00:38is he not?

01:00:39Yes.

01:00:40You said before

01:00:41that he believes

01:00:41God's will

01:00:42is being worked

01:00:43out.

01:00:43What do you

01:00:44think he means

01:00:44by that?

01:00:46He is convinced

01:00:48that in the

01:00:48end

01:00:49good

01:00:51will win

01:00:52over evil

01:00:53and the weak

01:00:54will inherit

01:00:55the earth

01:00:56over the strong.

01:00:58Your husband

01:00:58holds some

01:00:59extremely left-wing

01:01:00views on wealth

01:01:01and privilege

01:01:01does he not?

01:01:02Oh yes

01:01:02he's changed

01:01:04a lot in

01:01:04the last few

01:01:05years.

01:01:06I'm sorry

01:01:06to ask this

01:01:07Mrs. Foulkes

01:01:07but I must.

01:01:08Would it be true

01:01:09to say that as a

01:01:10result of your

01:01:11heart condition

01:01:12shocks are

01:01:13dangerous for you?

01:01:14Yes.

01:01:15This whole trial

01:01:16for instance?

01:01:17Yes.

01:01:18Well then I suggest

01:01:19to you that your

01:01:20husband invented

01:01:20the story of a

01:01:21generous friend

01:01:22in order to

01:01:23spare you the

01:01:24anxiety of knowing

01:01:25the source of

01:01:26his southern funds.

01:01:27No he wouldn't

01:01:28do that.

01:01:29Did he ever tell

01:01:29you how he had

01:01:30invested the

01:01:31trust's money?

01:01:32After his arrest.

01:01:34Did he also

01:01:34neglect to tell

01:01:35you that he had

01:01:36obtained an

01:01:36additional 5,000

01:01:37pounds from

01:01:38Lady Cresswell?

01:01:40There are a lot

01:01:40of things he no

01:01:41longer confides

01:01:42in me.

01:01:44What sort of

01:01:44things?

01:01:46The activities

01:01:47we can't share

01:01:48now because

01:01:49I don't blame

01:01:53him for finding

01:01:54her company

01:01:55more refreshing

01:01:56than mine.

01:01:57it's just that

01:01:58that he

01:01:59What?

01:02:02He thinks

01:02:04I don't realise

01:02:05how we've

01:02:06drifted apart

01:02:07but he's

01:02:08mistaken.

01:02:10It's funny

01:02:11really.

01:02:12In the end

01:02:14our marriage

01:02:15is just like

01:02:16theirs.

01:02:19No further

01:02:20questions.

01:02:27Are you

01:02:35Eorgis

01:02:36Andreas

01:02:37Gayonotakis

01:02:38of 17

01:02:39Camden Lane

01:02:40London

01:02:40NW1?

01:02:41I am.

01:02:42What is your

01:02:43occupation

01:02:43Mr. Gayonotakis?

01:02:44Travel agent.

01:02:46And ex-terrorist.

01:02:48Sir Richard.

01:02:49If you make

01:02:50another remark

01:02:51of that nature

01:02:51I shall have

01:02:52you removed

01:02:53from the court.

01:02:56Proceed

01:02:57Mr. Harvesty.

01:02:58Do you know

01:02:59the defendant?

01:03:00Yes.

01:03:01Jimmy and I

01:03:01have been friends

01:03:02for a long time.

01:03:03Since when?

01:03:04Since he saved

01:03:05my life in Cyprus

01:03:06during the

01:03:06Troubles.

01:03:101954 that was.

01:03:11He was serving

01:03:12in the army?

01:03:12That's right

01:03:13but not me.

01:03:14Do you mind

01:03:16if I lead

01:03:17on time and place?

01:03:18Not at all.

01:03:20Did you have

01:03:21occasion to meet

01:03:22the defendant

01:03:22at Fulchester

01:03:23sometime in

01:03:25February of 1973?

01:03:27I did.

01:03:27Will you tell

01:03:28the court

01:03:28what happened

01:03:29at that meeting?

01:03:31Yes.

01:03:31I was here

01:03:32for business

01:03:32for a few hours

01:03:33just passing through

01:03:34so Jimmy

01:03:34Major Fawkes

01:03:36there is

01:03:37and I

01:03:37met for a couple

01:03:38of pints

01:03:39and chatted

01:03:39about the old days.

01:03:41I asked him

01:03:42how was his little

01:03:42girl and he told me.

01:03:44What did he tell you?

01:03:46That she needs

01:03:47a lot of treatment.

01:03:49So we talked

01:03:49about her

01:03:50for a long time

01:03:51and then I found out

01:03:52he has no money

01:03:52only worse than before.

01:03:55When we were

01:03:55saying goodbye

01:03:56I told him

01:03:57I was going to

01:03:58lend him

01:03:581200 pounds.

01:04:00Why?

01:04:01During our conversation

01:04:02he told me

01:04:03about a place

01:04:04in Sweden

01:04:04that is best

01:04:05for his child.

01:04:06It cost 1800 pounds

01:04:07to get her there

01:04:08but he had

01:04:09already saved 600.

01:04:11Did he ask you

01:04:11for the money?

01:04:13Jimmy?

01:04:14No.

01:04:15When was it

01:04:16to be repaid?

01:04:17What do you think?

01:04:18Well I'm asking you.

01:04:20We arranged

01:04:21five years

01:04:22but I knew

01:04:22he could never do it.

01:04:24One thing more

01:04:25why did you offer

01:04:26to help him

01:04:27to such a great extent?

01:04:29Because my people

01:04:30Greek people

01:04:32help each other.

01:04:34You know the saying

01:04:34an Englishman's home

01:04:36is his castle?

01:04:37I do.

01:04:38Well for me

01:04:39this means

01:04:39nobody goes in

01:04:41nobody comes out.

01:04:43I hope we're not

01:04:44all as bad as that.

01:04:49Please stay there

01:04:50Mr. Ghanotakis

01:04:51I shan't keep you long.

01:04:54Now tell me

01:04:54how is it you could afford

01:04:55to be so generous

01:04:56towards a defendant?

01:04:57Are you a rich man?

01:04:58No I'm not

01:04:59but unlike Major Fawkes

01:05:00I have never let

01:05:01other people use me.

01:05:03Are you acquainted

01:05:03with Sir Richard Cresswell?

01:05:05Unfortunately

01:05:06I made what you call

01:05:07his acquaintance

01:05:08once with Jimmy.

01:05:09What were Jimmy's

01:05:10feelings towards him?

01:05:11Er

01:05:12sorry I don't get you.

01:05:13Did he dislike him?

01:05:15Oh

01:05:15er

01:05:16not at all

01:05:17he understood perfectly

01:05:18the kind of a person

01:05:19he was.

01:05:19What do you mean?

01:05:21One of your

01:05:21imperial leftovers.

01:05:23Mr. Ghanotakis

01:05:24kindly refrain

01:05:25from making

01:05:26frivolous remarks.

01:05:28I'm sorry sir.

01:05:29You address me

01:05:30as my lord.

01:05:32My lord?

01:05:33Hmm

01:05:34Miss Lewis?

01:05:35I put it to you

01:05:36as a fact

01:05:37that your friend Jimmy

01:05:38felt a strong

01:05:39personal resentment

01:05:40towards his chairman

01:05:41because he felt

01:05:42he had been exploited

01:05:42by him.

01:05:43I don't think so.

01:05:45He was just

01:05:46realizing what

01:05:46makes the world go round.

01:05:47Are you seriously

01:05:48telling us he harbored

01:05:49no antipathy

01:05:50for Sir Richard?

01:05:51Antipathy?

01:05:53Do you not know

01:05:53what that means?

01:05:55Yes

01:05:55it's a Greek word.

01:05:57I'm so glad

01:05:58we understand

01:05:59one another.

01:06:01What does

01:06:01make the world

01:06:02go round

01:06:02Mr. Ghanotakis?

01:06:04You're a lawyer

01:06:04and you ask me?

01:06:05Yes.

01:06:06Money

01:06:07influence

01:06:08you know that.

01:06:09When do you think

01:06:09Jimmy began to realize that?

01:06:11In Cyprus

01:06:11when he was on security work.

01:06:14Through meeting you?

01:06:15No.

01:06:16When he saw

01:06:16what was going on

01:06:17there in your little colony.

01:06:18And when his

01:06:18left wing views started.

01:06:20Left wing

01:06:21right wing

01:06:21they're just words.

01:06:22Jimmy's not a political man.

01:06:24Religious maybe.

01:06:25Oh yes

01:06:26we've heard a great deal

01:06:27about his religion.

01:06:28Your friend believes

01:06:29does he not

01:06:30that those who live

01:06:30by the sword

01:06:31deserve to die by it.

01:06:33Do you mean

01:06:34some people should get

01:06:35what's coming to them?

01:06:36Precisely.

01:06:37Possibly.

01:06:39You see

01:06:40I'm going to suggest

01:06:40to you

01:06:41that this means

01:06:42Major Fawkes

01:06:42is not the innocent

01:06:43pawn he would have us believe.

01:06:45Well you may suggest

01:06:46it to me

01:06:46but I disagree.

01:06:47And I further suggest

01:06:48that Major Fawkes

01:06:49decided

01:06:50that Sir Richard Cresswell

01:06:51deserved to be punished

01:06:52and that he has

01:06:53taken it upon himself

01:06:54to be the instrument

01:06:54of that punishment.

01:06:55My lord

01:06:56how can the witness

01:06:57possibly answer that?

01:06:58It won't be necessary.

01:07:00Let us return

01:07:01to your testimony.

01:07:02I'm sure everybody

01:07:03sincerely wishes

01:07:05that the health

01:07:06of the defendant's daughter

01:07:07will improve.

01:07:08May we assume

01:07:08that arrangements

01:07:09have been made

01:07:10to take her to Sweden?

01:07:11No you may not assume.

01:07:12Everything has been delayed

01:07:13by this witch hunt.

01:07:16I see.

01:07:18Do you know

01:07:19the name

01:07:19of the defendant's daughter?

01:07:21Eloise.

01:07:22And do you know

01:07:23the name of the clinic

01:07:24in Sweden?

01:07:24No.

01:07:25Do you know

01:07:25where it is?

01:07:27In Sweden.

01:07:28Do you know

01:07:29its whereabouts

01:07:30in Sweden?

01:07:31No I have never asked.

01:07:32You've never asked?

01:07:33No these things

01:07:33are not important.

01:07:35If you say so.

01:07:36Do you know

01:07:37of anyone

01:07:37whom Major Fawkes

01:07:38told about the loan?

01:07:39My lord

01:07:40the fact that the witness

01:07:42may not know of anyone

01:07:43does not mean

01:07:44that there was no one.

01:07:45Nevertheless

01:07:45I think he can be allowed

01:07:47to answer the question.

01:07:49Your lordship pleases.

01:07:50Did you know anyone?

01:07:51No I don't.

01:07:52And did you yourself

01:07:54tell anybody?

01:07:55No not even my wife.

01:07:57This was a private matter.

01:07:58A very well kept secret

01:08:00I'd say.

01:08:01Yes.

01:08:02Between friends.

01:08:02Precisely.

01:08:04And after all

01:08:04Major Fawkes

01:08:05did save your life

01:08:06once didn't he?

01:08:07Yes.

01:08:08And this must mean

01:08:09a great deal to you.

01:08:11Yes.

01:08:12It means that sometimes

01:08:14you find true justice

01:08:15in a man's heart

01:08:16not in the court of law.

01:08:19That's what I would do

01:08:20anything for Jimmy.

01:08:21Including purger yourself.

01:08:25Listen if I wanted

01:08:26to do that

01:08:27I wouldn't have stopped

01:08:28with one lie.

01:08:29I would have supported

01:08:30his whole story

01:08:31all the way.

01:08:32Indeed.

01:08:33Indeed I would.

01:08:34Do you think

01:08:35after what I've been through

01:08:36in Cyprus in 1954

01:08:37I would now be scared

01:08:38of an English court?

01:08:39No Mr. Gainotakis

01:08:40I think you have no respect

01:08:42at all for an English court.

01:08:43I've no re-examination

01:08:47you may stand down.

01:08:50That concludes the case

01:08:52for the defence my lord.

01:08:53Now members of the jury

01:08:54my task is to direct you

01:08:56on questions of law

01:08:58arising from this case.

01:09:00If I make any comments

01:09:01that appear to be

01:09:02expressing my views

01:09:04of a witness's testimony

01:09:05you are perfectly free

01:09:06to disregard them.

01:09:08Because you and you alone

01:09:10are the sole judges of fact.

01:09:13Now the financial facts

01:09:15in this case

01:09:15are not in dispute.

01:09:17As to the cheque

01:09:18that was made out

01:09:19by Lady Cresswell

01:09:20for £5,000

01:09:21more than the trustees

01:09:23instructed

01:09:24whose idea was it?

01:09:26Did the defendant

01:09:27deliberately deceive her

01:09:29as to the amount

01:09:31or was it

01:09:32as she now claims

01:09:33made at her suggestion?

01:09:36Now you will give

01:09:37Lady Cresswell's testimony

01:09:39the weight

01:09:39that you think it deserves

01:09:41but since it conflicts

01:09:42with her original statement

01:09:43to the police

01:09:44I must warn you

01:09:45to approach what she says

01:09:46with extreme caution.

01:09:49And I must also tell you

01:09:50that her original statement

01:09:51cannot be used

01:09:53as evidence

01:09:53against the defendant.

01:09:55Now you may believe

01:09:57as has been suggested

01:09:58that the defendant

01:09:59did not steal

01:10:01in the ordinary sense

01:10:02of the word.

01:10:03That he merely hoped

01:10:04to make a quick profit

01:10:05from selling

01:10:05Mattalia shares

01:10:06if and when they rose

01:10:08then sell them

01:10:09and subsequently reinvest

01:10:11the original money

01:10:12in ICI

01:10:13as instructed.

01:10:15I must warn you

01:10:16that even if he did this

01:10:18in law

01:10:19he would be guilty

01:10:20of the charges.

01:10:22But

01:10:22it is of course

01:10:24for the prosecution

01:10:25to show that guilt.

01:10:27Now in order

01:10:28to convict

01:10:29the defendant

01:10:29you must be sure

01:10:31that he did

01:10:32what he did

01:10:32knowing it

01:10:33to be unauthorized

01:10:34knowing it

01:10:35to be dishonest.

01:10:37And you must bear in mind

01:10:39that he

01:10:40stands charged

01:10:42on two separate counts.

01:10:44First

01:10:45the theft

01:10:46of £13,500

01:10:47of the original sum.

01:10:50Second

01:10:50the obtaining

01:10:51by deception

01:10:52of £5,000

01:10:53from Lady Cresswell.

01:10:56Now you may find

01:10:57on one

01:10:58or other

01:10:59or both

01:11:00of these charges.

01:11:02Now members of the jury

01:11:03will you kindly retire

01:11:04to consider

01:11:05your verdict.

01:11:06All stand.

01:11:25The prisoner

01:11:26will remain standing.

01:11:27members of the jury

01:11:35will your foreman

01:11:36please stand.

01:11:38Just answer this question

01:11:39yes or no.

01:11:40Have you reached

01:11:41verdicts upon which

01:11:41you are all agreed?

01:11:43Yes.

01:11:44On the charge

01:11:44of theft

01:11:45of £13,500

01:11:46how do you find

01:11:47the prisoner

01:11:48guilty or not guilty?

01:11:50Guilty.

01:11:50Is that the verdict

01:11:51of you all?

01:11:52It is.

01:11:53On the charge

01:11:53of obtaining

01:11:54£5,000

01:11:55by deception

01:11:56how do you find

01:11:57the prisoner?

01:11:58Guilty or not guilty?

01:11:59Guilty.

01:12:00Is that the verdict

01:12:00of you all?

01:12:01It is.

01:12:01In sentencing

01:12:28Major Fawkes

01:12:29to three years

01:12:30imprisonment

01:12:31Mr Justice Campbell

01:12:32took account

01:12:32of the extenuating

01:12:33circumstances

01:12:34of his case.

01:12:36Next week

01:12:37a chance for you

01:12:38to join the jury

01:12:39in assessing the facts

01:12:40when our cameras return

01:12:41to watch another case

01:12:42in the Crown Court.

01:12:44to watch another case for you

01:12:55in the Crown Court.

01:12:56The End

01:12:56of the Night

01:12:57of the Night

01:12:58of the Night

01:12:58You

Crown Court - Hidden Scars (1974)

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