Crown Court - Conduct Prejudicial (1973) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  A Royal Air Force squadron leader is accused of spying, a serious charge which carries life imprisonment. After crashing his car, diagrams and scribbled notes relating to a new design of bomb have been discovered in his pocket. Why did he have them? And why was a young Russian lady also in his car? Stephen Yardley stars as the defendant. Robin Bailey also appears.

Transcript

00:00:00You

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00:00:33Called PC Raymond Chick of Fulchester Trap

00:00:35The defendant in this case is charged with

00:00:40Spying

00:00:40Squadron leader Colin Pardo

00:00:42Has pleaded not guilty to an offence under section one

00:00:45of the Official Secrets Act 1911

00:00:47It is alleged that for a purpose prejudicial to the

00:00:50safety or interests of the state

00:00:52he made notes relating to the performance of an operational guided

00:00:55missile which might be directly or indirectly useful to an enemy

00:01:00The notes in question were found in squadron leader Pardo's possession

00:01:03after his car had struck a lemper

00:01:05post on the Fulchester bypass and he was rendered unconscious

00:01:08The officer who first attended

00:01:10the scene was

00:01:11Raymond Chick police constable 288 Fulchester traffic patrol

00:01:15Now at about 8pm on the 23rd of September last

00:01:18you were patrolling the Fulchester bypass

00:01:20when you came across the scene of an accident I believe

00:01:22Uh yes sir

00:01:23Now would you tell us about it and what action you took

00:01:25I saw a saloon car which had struck a lamp post head on

00:01:29I stopped and

00:01:30I went to the vehicle

00:01:31The driver was slumped forward in his seat apparently unconscious

00:01:35A young woman was in the passenger seat

00:01:37She was conscious but she seemed badly shocked

00:01:39Did you speak to

00:01:40her

00:01:41Uh yes sir

00:01:42But she answered in a foreign language

00:01:43and I couldn't understand her

00:01:44Now could you identify

00:01:45this language

00:01:46I'm sorry sir no

00:01:47I see

00:01:48Continue please

00:01:49I call

00:01:50for an ambulance

00:01:51and the assistance of other officers

00:01:53A short while later

00:01:54I accompanied the driver

00:01:55and the passenger

00:01:56in the ambulance

00:01:57to Fulchester Central Hospital

00:01:58where they were taken to the casualty

00:02:00department

00:02:01Did any conversation take place

00:02:02during this journey?

00:02:03The woman spoke in English

00:02:05She asked what had happened

00:02:07and I told her

00:02:08She said she didn't want to go to hospital

00:02:10I said it was for the best

00:02:11and it wouldn't take long

00:02:12She seemed anxious about it

00:02:14Now did she ask

00:02:15after the welfare of the driver?

00:02:17No sir

00:02:18And after you arrived

00:02:19at the hospital?

00:02:20They were placed in separate cubicles

00:02:21in the casualty department

00:02:23I left them to speak to the casualty

00:02:25officer

00:02:26And when you returned?

00:02:27The woman had disappeared

00:02:28What did you do?

00:02:29Well I

00:02:30I searched

00:02:31but she'd apparently

00:02:32just walked out

00:02:33The driver was still unconscious

00:02:35So after the doctor had examined him

00:02:36I went through his pockets

00:02:37to try and identify

00:02:39And were you able to?

00:02:40Yes sir

00:02:41There were documents relating

00:02:42to a squadron leader

00:02:43in the RAF

00:02:44with the name

00:02:45and address

00:02:46Now did you find anything else?

00:02:47Yes sir

00:02:48A handwritten document

00:02:50which seemed to relate

00:02:51to a guided missile

00:02:52Now what did you do?

00:02:53Well I was suspicious

00:02:55So the circumstances

00:02:56I contacted Fultchester Police

00:02:57Special Branch

00:02:58And as a result

00:02:59of this contact

00:03:00What occurred?

00:03:01Well I was instructed

00:03:02to retain the document

00:03:03and remain with the driver

00:03:05I did this

00:03:06and later

00:03:07I ended the document

00:03:08to group Captain Portham

00:03:09and RAF Rushton

00:03:10down

00:03:11Now do you see the driver

00:03:12involved in that accident

00:03:13in court today?

00:03:15I do sir

00:03:16The defendant

00:03:17Squadron leader Pardo

00:03:18Finally I would like to

00:03:19look at this photograph

00:03:20if you would

00:03:21This will be Exhibit 1

00:03:22my lord

00:03:25Now do you recognize

00:03:28anyone in that photograph?

00:03:30Yes sir

00:03:31The man is the defendant

00:03:33and the woman is the same one

00:03:34that was

00:03:35with him on the night of the accident

00:03:36and later disappeared

00:03:37from the hospital

00:03:38Thank you officer

00:03:39Remain where you are

00:03:40Please

00:03:41Did you speak to the defendant

00:03:44at any time?

00:03:45No sir

00:03:46He had not recovered consciousness

00:03:47when I was relieved

00:03:48by two RAF police officers

00:03:50Yes

00:03:51Now you say that the girl

00:03:52did not ask after the driver's condition

00:03:54She did not ask after the driver's condition

00:03:55She did not sir

00:03:56Did that surprise you?

00:03:57No sir

00:03:58She could see that he was unconscious

00:04:00People in shock don't act normally

00:04:02No

00:04:03You are unable to identify the language

00:04:05the girl spoke

00:04:06but perhaps we could narrow it down a little

00:04:09For example

00:04:10Could it have been Chinese?

00:04:12Oh no sir

00:04:13It was sort of

00:04:15literal

00:04:16Perhaps like German

00:04:17Like German

00:04:18Like German

00:04:19Thank you officer

00:04:20Now this accident

00:04:22Did you form any opinion

00:04:23as to what caused it?

00:04:25Well sir

00:04:26There was no other vehicle involved

00:04:28and there were no tyre marks on the road

00:04:30It seems that the driver lost control

00:04:32or lost concentration perhaps

00:04:34Yes thank you

00:04:35No further questions

00:04:36Does your Lordship have any questions?

00:04:38No thank you Mr. D dear

00:04:39Thank you officer

00:04:40I call Group Captain Portman please

00:04:43Group Captain Portman please

00:04:45Group Captain Portman you are the commanding officer of RAF Russia

00:04:50I am

00:04:51And as such the accused is under your command

00:04:53He is

00:04:54Now how long

00:04:55How long has he been stationed at RAF Rushton down?

00:04:57Just over four years

00:04:58In what capacity?

00:04:59As an A

00:05:00He is a qualified engineer

00:05:02He is responsible for the maintenance

00:05:05and operational fitness of aircraft on his wing

00:05:08Now does this include the weaponry attached to this

00:05:10aircraft

00:05:11Oh yes indeed

00:05:12Now specifically it includes an air-to-air missile

00:05:15fitted to the aircraft at RAF Rushton down

00:05:17which I believe is known by the nickname

00:05:19the bang

00:05:20and she

00:05:21That is so

00:05:22And he would have an intimate knowledge of this missile?

00:05:23Yes

00:05:25Now can we take it the squadron leader powder

00:05:27was familiar with the security regulations that come

00:05:30Have you covered his work?

00:05:31Yes

00:05:32Three weeks to the day before the accident

00:05:35I had issued him with a booklet containing the latest amendments to RAF security regulations

00:05:40He signed for these and to say that he was conversant with current

00:05:45regulations

00:05:46And in fairness there is nothing unusual about this procedure?

00:05:48No

00:05:49Every officer

00:05:50Receives

00:05:51And signs for

00:05:52Copy of RAF regulations

00:05:53As amendments are issued

00:05:55He receives

00:05:56And signs for these

00:05:57As I said

00:05:58So a squadron leader powder

00:05:59would

00:06:00have known that his possession of notes on matters subject to security regulations off-campus

00:06:05Was contrary to his instructions?

00:06:07No

00:06:08Not at all

00:06:09In fact

00:06:10Two days

00:06:10After I issued him with the amendments

00:06:12I heard him joking in the mess with an officer

00:06:14To the official

00:06:15The fact that regulations seem to cover everything except walking off-campus with what

00:06:20might be held in a man's brain

00:06:22No doubt they'd get round to this in time

00:06:24So he

00:06:25He took a light-hearted view of these security regulations then

00:06:28No

00:06:29I got the impression

00:06:30That he was making a valid point in a light-hearted way

00:06:34That is something

00:06:35He took

00:06:36Now what was the first that you knew of this matter?

00:06:38When I was approached by Fulton

00:06:40Mr. Police

00:06:41With the news of the accident

00:06:42And as a result of what you were told, what did you do?

00:06:45I saw a senior police officer in my office

00:06:48Later I was given some handwritten

00:06:50Notes

00:06:51I instructed the guard commander to send two men to stay with

00:06:55Squadron leader Pardo

00:06:56You placed him in custody

00:06:57Not at this point

00:06:58He was merely under

00:07:00Of provision

00:07:01A fine distinction, Groot Captain

00:07:02Possible

00:07:03Very well

00:07:04You accepted these

00:07:05No

00:07:05And you placed him under supervision

00:07:06Were these notes in his handwriting

00:07:09The defendants

00:07:10Yes, my lord

00:07:11And do you produce these notes?

00:07:12I do

00:07:13These will be exhibit two, my lord

00:07:15And the

00:07:19And the

00:07:20To what do these notes relate in general terms?

00:07:24They were

00:07:25Technical notes, sir

00:07:26Relating to

00:07:27Data on the missile

00:07:29The

00:07:30The

00:07:32Thank you

00:07:33Anyway, Mr. Diddy

00:07:34I'm obliged, my lord

00:07:35Now

00:07:36Having seen these notes

00:07:37And having heard what the police officer had told you

00:07:39What actually

00:07:40Action did you take?

00:07:41I called in my security officer

00:07:43Squadron leader Davis

00:07:44Briefly

00:07:45Reefed him

00:07:46Gave him the notes

00:07:47Instructed him to investigate the matter

00:07:49And report back

00:07:50To me

00:07:51And did he do so?

00:07:52Yes, I then incorporated his report in my own to the ministry of

00:07:55Defence

00:07:56Now as commanding officer you have wide powers to deal locally with breaches

00:08:00Issues of discipline, even security, I believe

00:08:02That is so

00:08:03But on this occasion you did not do so

00:08:05Why was that?

00:08:06Because the circumstances in this case seem to me too serious to permit me

00:08:10To do that

00:08:11Exactly

00:08:12Now let us come, if we may, to the man who

00:08:15Is himself

00:08:16Squadron leader Parder

00:08:17Now I believe that you know this man particularly well

00:08:19Yes

00:08:20I was a personal friend of his wife's father

00:08:23We served together

00:08:24Perhaps

00:08:25Because I know him better than some of my officers

00:08:27Now in the period immediately prior to his action

00:08:30Was he at all

00:08:32Upset?

00:08:33Perturbed?

00:08:34My lord

00:08:35My lorded friend is leading his witness

00:08:37Yes, I agree

00:08:38Some rephrasing is

00:08:40He called for I think

00:08:41Mr. Dealey

00:08:42Whatever my lord

00:08:43In the

00:08:45The period over which this court is concerned

00:08:47Have you any comment to make about his general demeanour?

00:08:50It would be fair to say that at the time of the accident or rather

00:08:55Just prior to it

00:08:56He did seem unusually reserved

00:08:59Introspective

00:09:00Aloof

00:09:01Aloof

00:09:02Almost

00:09:03But this hadn't affected

00:09:04His work and I put this down to domestic problems

00:09:06Now why should you do that, Captain?

00:09:08Because I

00:09:09I knew that there were problems at home

00:09:11What sort of problems?

00:09:12I

00:09:13I

00:09:14I don't think

00:09:14I'm the best person to answer that

00:09:16With respect, Group Captain

00:09:18You

00:09:19You're not the best judge of that

00:09:20I do appreciate that all of this must be extremely distasteful to you

00:09:23But your duty

00:09:24Is clear

00:09:25And that is to answer the questions

00:09:27You're right

00:09:28I apologize

00:09:29Thank you

00:09:29Now to your knowledge

00:09:31What was the nature of these domestic problems?

00:09:34Jane

00:09:35Mrs. Pardo

00:09:37Seemed upset

00:09:38upset, I think because she suspected he was having an affair.

00:09:43Do you know for certain that that was the reason for any strain that might have existed between

00:09:46them?

00:09:47Could there not have been...

00:09:48Other problems?

00:09:49Financial ones, for example?

00:09:50Oh, my lord, I object.

00:09:52If my learned friends question...

00:09:53Questions do not produce the answers that he'd like.

00:09:55He cannot then lead the witness into another channel which...

00:09:58is more acceptable to him.

00:09:59Quite so.

00:10:00And I am sure that you are aware of that...

00:10:03fact, Mr. Deedy.

00:10:04Very well, my lord.

00:10:05I shall approach the matter from another direction.

00:10:08Good.

00:10:09What is squadron leader Pardo's...

00:10:13salary?

00:10:14With allowances in the region of 3,500 a year.

00:10:18Now, you know this family particularly well.

00:10:20In your opinion, did their standard of living reflect...

00:10:23this sort of income.

00:10:24The standard of living suggested...

00:10:28salary rather higher than that.

00:10:29I see.

00:10:30It did not concern you?

00:10:31No, I knew that Jane...

00:10:33contributed to the family finances.

00:10:34When her parents died, she was left...

00:10:36fairly well off.

00:10:37And presumably she still is.

00:10:38I can't be sure of that.

00:10:40I assume so.

00:10:41So, I don't need a Pardo could be said to be...

00:10:43absolutely financially stable.

00:10:45I am afraid not.

00:10:48I see.

00:10:49Now, why do you say that?

00:10:50Because I had occasion to speak to him about part of a mess bill...

00:10:53just remained unpaid.

00:10:54When was this?

00:10:55This was...

00:10:56two days before the accident.

00:10:57Sir!

00:10:58No.

00:10:59Squadron Leader Pardo earning, as you say...

00:11:00something in the region of 70 pounds a week.

00:11:03was unable to pay part of his mess bill.

00:11:06Now, how much exactly was it that he...

00:11:08could not pay?

00:11:09The amount outstanding was...

00:11:11seven pounds...

00:11:13fifty-two pounds...

00:11:14fifty-two pounds.

00:11:18...

00:11:33Now, you've said that the defendant has been attached to Rushton Down for the last...

00:11:38...about four years.

00:11:39Can you speak of his record prior to that?

00:11:41Oh, yes.

00:11:42There's his commanding officer.

00:11:43I hold a copy of his complete service record from the time...

00:11:46Was there then, to your knowledge, a time when he was seconded to the Ministry of Defence?

00:11:51He was seconded for two years.

00:11:53And what was his work during that period, do you know?

00:11:56Not exactly.

00:11:58The section he was with was a sort of...

00:12:00What the Americans call a think tank, advanced planning.

00:12:06Advanced planning for what, can you say?

00:12:08They work on possible technical development...

00:12:10...during the next ten years with a view to RAF requirements.

00:12:14They decide...

00:12:15...the kind of equipment and weapons that the RAF is likely to use in the next decade.

00:12:19Is that it?

00:12:19They...not decide.

00:12:21They consider and advise her...

00:12:24...of the Magister's government.

00:12:25Yes, but would you say that this work was of a secret nature?

00:12:28Oh, very much so.

00:12:29Far more...

00:12:29Is it more secret than work on the Banshee Missile?

00:12:32I would say so.

00:12:34To your...

00:12:34From your knowledge, has there ever been any suggestion that information has at any time been leaked concerning the...

00:12:39...work of that section?

00:12:40Not to my knowledge.

00:12:42And why did squadron leader Pardo...

00:12:44...to leave the section, do you know?

00:12:46He finished his term there.

00:12:48He was returned to a...

00:12:49...unit, that's perfectly normal.

00:12:51In fact, it's true, is it not, that the defendant was promoted.

00:12:54...to his present rank on leaving the section.

00:12:57That is true.

00:12:58So, no doubt, you'd agree that...

00:12:59...the squadron leader Pardo has had great trust placed in him...

00:13:02...and that to date he has proved eminent...

00:13:04...he's excellently worthy of that trust.

00:13:06I would.

00:13:07And he has an impeccable record.

00:13:08He has.

00:13:09But...

00:13:09He has a weakness.

00:13:11Yes.

00:13:12But then, so do we all.

00:13:14Hmm.

00:13:15I take the point.

00:13:17In fact, you are aware, are you not...

00:13:19...that squadron leader Pardo is a man who is attractive to women?

00:13:23Yes, and...

00:13:24...regrettably, perhaps, also attracted by them.

00:13:28Yes, and...

00:13:29To your knowledge, has this, in the past, led to difficulties with his wife?

00:13:34It has, yes.

00:13:35How do you know this?

00:13:37Well, you must understand that...

00:13:39I've known Jane since she was very young.

00:13:42I'm a sort of unofficial uncle.

00:13:44As it were, when her father died, it seemed that she made me...

00:13:49...her confidante, I was aware that there were problems.

00:13:52And more recently?

00:13:54Well, everything...

00:13:54...seemed to be fine for a time.

00:13:57Then, apparently, by...

00:13:59...two months before the accident, it started again.

00:14:02So, in your view, this was the cause of the...

00:14:04...disagreement between them, and not money.

00:14:07That was certainly the cause, as far as Jane was concerned.

00:14:09In Colin's case, it was also money, because Jane had ceased...

00:14:14...contributing to the family finances.

00:14:16Yes, but you have no doubt that squadron leader Pardo was having an affair with...

00:14:19...another woman at this time.

00:14:21I had no doubt, and I spoke to him about it.

00:14:23As his commanding office...

00:14:24...or as a friend of the family?

00:14:26No, as a friend.

00:14:27It hadn't affected his work, nor had it become...

00:14:29...the public knowledge, so that, officially, I was in no position to broach the subject.

00:14:34What did he say when you did broach the subject?

00:14:39He said that...

00:14:39He and Jane had talked it out.

00:14:42He was ending the affair.

00:14:44Now, you've said that, as commanding officer, you have wide powers to deal with...

00:14:49...the breaches of discipline committed by those under your command.

00:14:52That is so.

00:14:53Now, if, as my client may...

00:14:54...maintains, this were simply a matter of a moral slip, with no espionage involved...

00:14:59...but with possible detrimental effect on the service, what might his punishment be in that case?

00:15:04Do you think?

00:15:05There are several possibilities.

00:15:07It could mean...

00:15:09Loss of seniority, perhaps, or transfer to another unit, it would depend on the circumstances.

00:15:14Loss of...

00:15:14Loss of seniority, or a transfer.

00:15:16Loss of seniority, or transfer.

00:15:17Loss of seniority, or transfer.

00:15:18Are you aware?

00:15:19That the maximum penalty for an offence under the section of the Official Secrets Act...

00:15:24...with which my client is now charged, is life imprisonment?

00:15:29Yes, I am.

00:15:30Now, let's turn to another matter.

00:15:32Now, let's turn to another matter.

00:15:34It was quite an order, was it not, for my client to make those notes that we've heard about?

00:15:39Yes, it would be expected as part of his work.

00:15:41And quite in order for him to have them off the...

00:15:44...space, to attend a meeting, perhaps, at which they would be used.

00:15:48For that purpose, yes.

00:15:49Yes, thank you.

00:15:50Now, I'd like to ask you some questions about this weapon that my client made the notes about.

00:15:54Banshees.

00:15:55Yes.

00:15:56Is it not a fact that, in the whole of it...

00:15:59service, the Banshee did not wail to very much effect?

00:16:04I'm sorry.

00:16:05I don't understand.

00:16:06Is it not true that this missile...

00:16:09...is hopelessly inefficient?

00:16:11I think that would be a harsh evaluation.

00:16:14You think so?

00:16:15You think so?

00:16:19Okay.

00:16:20Operational total failure rate, 47.8...

00:16:24Could that statistic apply to the Banshee?

00:16:27I'm always rather dubious.

00:16:29...of statistics.

00:16:30They can be misleading.

00:16:31Oh, well, would you look at this article, please?

00:16:34if you're not in the case...

00:16:36...is a relatively moderate comment.

00:16:38Oh, well, thanks.

00:16:41And now, for the day, I would like to introduce your thoughts...

00:16:43...in the message to your works.

00:16:45Yeah, to prepare for your thoughts.

00:16:46My thoughts are naигр in the comments.

00:16:48I'm sorry.

00:16:49I'm sorry.

00:16:50You're kidding.

00:16:51I'm sorry.

00:16:52I'm sorry.

00:16:53I'm sorry.

00:16:54I'm sorry.

00:16:55I'm sorry.

00:16:57I'm sorry.

00:16:58I'm sorry.

00:16:59I'm sorry.

00:17:00I'm sorry.

00:17:01I'm sorry.

00:17:02I'm sorry.

00:17:03I'm sorry?

00:16:39I am familiar with the contents of the article.

00:16:44It was published about 18 months ago.

00:16:46I would like to see that, please.

00:16:49But we know, do we not, that 18 months ago, the magazine Aeronautics International...

00:16:54...published details in that article of the construction, fitting...

00:16:59...and operational capabilities of the missile known as the Banshee.

00:17:02That is correct.

00:17:04This had better be entered as Exhibit No. 3, Mr. Halberstead.

00:17:08Yes, my lord.

00:17:09Now, would it be true to say...

00:17:14...that the notes that Squadron Leader Pardo made would add nothing...

00:17:19...to the knowledge of anyone who had read this article?

00:17:22That's a...

00:17:23...that's a different...

00:17:24...a difficult question.

00:17:25Parts of the article suggest that the writer had...

00:17:29...specific and accurate information concerning the missile.

00:17:34But then again, our other parts contain substantial errors.

00:17:37Oh, and how would you account for that?

00:17:39Well, I can only summarize that the writer, in an effort to pad out...

00:17:44...the article, used his own judgment to extrapolate from the facts he had...

00:17:48...and that this led...

00:17:49...to considerable inaccuracies.

00:17:50To some extent, he was guessing.

00:17:51I think so.

00:17:52Hmm.

00:17:53But you...

00:17:54...you would agree, wouldn't you, that it was pretty inspired guesswork?

00:17:57It came...

00:17:58...fairly close.

00:17:59So close that even complete knowledge would not have substantially altered...

00:18:03...the...

00:18:04...the content of that article.

00:18:06I think that's probably true.

00:18:07To your knowledge.

00:18:09Were those responsible for publishing the article ever prosecuted?

00:18:13I think not.

00:18:14So we can say then, can we not, that as secrets go...

00:18:16...this missile was not very secret.

00:18:19To a certain extent, I would say that was so.

00:18:21In fact, of all the equipment in use at Rush...

00:18:24...and down.

00:18:25This particular missile was, in view of this article that we've just seen...

00:18:28...one of the least...

00:18:29...secret items.

00:18:30Put it in that way, I can only answer...

00:18:32...yes.

00:18:33And squadron leader...

00:18:34...if Pardo had access to...

00:18:36...and knowledge of...

00:18:37...other equipment...

00:18:38...at Rushton Down...

00:18:39...of far greater potential value to an enemy...

00:18:42...than the Banshee.

00:18:43He did, yes.

00:18:44You read those notes that squadron leader Pardo made...

00:18:47...and which were found in his possession?

00:18:49Yes.

00:18:50Can you be a little more explicit as to what they referred to?

00:18:53Under...

00:18:54...missile tests, the missile fell short of operational specifications.

00:18:58The...

00:18:59notes refer to the degree to which it failed to operate the standard.

00:19:03Yes, exactly.

00:19:04A couple of notes you'd expect to be made in order for my client to properly brief himself

00:19:08for a meeting with the manufacturers.

00:19:09Yes.

00:19:12One final question.

00:19:14Is it not true that this ineffective, unreliable,

00:19:19and much-publicized missile has now been withdrawn from service?

00:19:25It has, yes.

00:19:26Thank you, Group Captain.

00:19:29Now, at the...

00:19:29At the time that the defendant was found in possession of these notes,

00:19:32the missile was still in service?

00:19:34Yes.

00:19:34And that's, of course, still subject to security regulations.

00:19:38Oh, certainly.

00:19:39And squadron need...

00:19:39Pada would have been well aware of this.

00:19:42Without doubt.

00:19:43Hmm.

00:19:44Now, you've been...

00:19:44Indicated that you were of the opinion that the defendant was conducting a sexual affair,

00:19:48presumably with the girl...

00:19:49who he was with on the night of the accident?

00:19:51Yes, but I'd no idea who the woman was.

00:19:54Now, do you still believe that he was conducting an affair?

00:19:59I...

00:19:59I can't be sure now.

00:20:01It could be that he was meeting this woman for...

00:20:04another purpose.

00:20:08Now, my friend has sought to create...

00:20:09the impression that no information concerning the banshee could conceivably...

00:20:14be of any use to an enemy.

00:20:17Now, is that your view?

00:20:18It's debatable.

00:20:19It could be argued that negative information has a value.

00:20:24It might...

00:20:24For example, be of assistance to an enemy to have official confirmation of the data...

00:20:29contained in the article.

00:20:30You've said that, in your opinion, part of this article was, in fact, guesswork.

00:20:34Yes.

00:20:34And you came to that...

00:20:34that opinion as an expert?

00:20:36From my knowledge, yes.

00:20:38Now, in your view, is that the likelihood...

00:20:39opinion that any expert would have come to, having read the article, that part of it was guesswork?

00:20:44I would...

00:20:44I would say so.

00:20:45So, you would agree, then, apart from negative information concerning...

00:20:49the banshee being of value to an enemy, it would also be of value...

00:20:54to an enemy to know to what extent the guesswork in this article was, in fact, accurate.

00:20:59Yes.

00:21:01Thank you, Group Captain.

00:21:02That is all.

00:21:04Very well.

00:21:05I call Miss Julia Gray.

00:21:08Julia Gray, please.

00:21:09I call Miss Julia Gray, please.

00:21:14I call Miss Julia Gray, please.

00:21:19What is your religion?

00:21:23Church of England.

00:21:23Take the book in your right.

00:21:24and read aloud the words on the card.

00:21:27I swear by almighty God that the evidence I shall give should be the truth.

00:21:29The truth, the whole truth, and nothing but the truth.

00:21:32Miss Gray, you are employed as a...

00:21:34You are a senior interpreter by the Ministry of Defence.

00:21:36Yes, I have charge of the European section.

00:21:39Now, what does that entail?

00:21:40Apart from supervising the functions of my department, I'm responsible for...

00:21:44for liaison with foreign embassies and consulates in connection with the provision of interpreting...

00:21:49facilities.

00:21:49Now, does your work involve you outside your own office?

00:21:53Oh, yes, I'm a regular visitor to most of the embassies and consulates.

00:21:56I work directly with my...

00:21:58opposite numbers.

00:21:59I know many of them personally.

00:22:01Just about all of them, at least by sight.

00:22:03I would like you to look at this photograph.

00:22:05Exhibit one, please.

00:22:06Yes.

00:22:09Do you recognise the woman in this photograph?

00:22:12Yes, I do.

00:22:13I can't reveal her country of origin in open court.

00:22:17But her...

00:22:18Her name is Leonora Kopec.

00:22:20She was employed at an East European Embassy...

00:22:23in London, nominally as an interpreter.

00:22:26You say was.

00:22:28Yes.

00:22:29On September 24th last, she boarded Aeroflot Flight 218 at London Airport...

00:22:33a residential destination stated as Prague.

00:22:36Can you say that, Miss Gray?

00:22:38Were you actually at the airport to see her aboard that Aeroflot?

00:22:41Yes, I was, my lord.

00:22:43I see.

00:22:44Now, you use the words, and I think I'm right, nominally as an...

00:22:48interpreter.

00:22:49Are we to take it that she was not, in fact, so employed?

00:22:53I don't think that was her true function, my lord, no.

00:22:56Then perhaps you will tell us why not, Miss Gray.

00:22:58Firstly, because during the six months she was here, she never, to my knowledge, worked...

00:23:03as an interpreter.

00:23:04Secondly, because she's a graduate of Leningrad University...

00:23:08and holds high academic qualifications in scientific subjects.

00:23:13You...

00:23:13were saying that she is too highly qualified to be an interpreter.

00:23:17Not exactly.

00:23:18My lord.

00:23:19I'm saying that her qualifications are scientific in nature...

00:23:23and though she spoke good English, she held no qualifications in foreign languages.

00:23:27I think...

00:23:28Thank you, Miss Gray.

00:23:29I'm obliged, my lord.

00:23:30Thank you, Miss Gray.

00:23:31I'm obliged, my lord.

00:23:33So, Miss Gray, if Leonora Kopech was not, in your opinion, an interpreter...

00:23:38What was she?

00:23:39The evidence suggests to me that Leonora Kopech...

00:23:43was an agent of her country's security service.

00:23:45A spy.

00:23:48What was she?

00:23:49Yeah.

00:23:50What or such….

00:23:51Oh my lord.

00:23:52S primeira.

00:23:53VBravoch me vol.

00:23:55Oh my lord.

00:23:56Oh, you may…

00:23:57Was ever told what machine is saying.

00:23:58It's over negative...

00:23:59I choose your nose.

00:24:00Your thumbs up.

00:24:02What's more of you talking about machine...

00:24:03What is honestly clever...

00:24:04What's wrong,千?

00:24:05What's wrong,千?

00:24:06No.

00:24:07What's wrong with me?

00:24:08My son.

00:24:09A damn.

00:24:10Good job before me.

00:24:12I put you on, around Papa.

00:24:13Investing.

00:24:14Really.

00:24:15I love to cause mymäßig.

00:24:51Peering before the Crown Court is a serving RAF officer, and the offence alleged is that of...

00:24:56following an accident on the Forchester bypass, notes were found in his position...

00:26:12Do have any instance of her using an alias although it wouldn't surprise me.

00:26:16Hmm.

00:26:17I would be right in saying, would I not, Miss Gray, that there have been occasions in the...

00:26:22past when members of foreign embassy staff have become involved in...

00:26:27...sexual affairs in this country?

00:26:29I have no first-hand knowledge of that.

00:26:31Oh, come now, Miss Gray.

00:26:32You read the newspapers, I'm sure.

00:26:35And if your knowledge of the personnel of...

00:26:37...the foreign embassy is as comprehensive as you would have us believe, then you must be aware that such...

00:26:42...things have happened.

00:26:43They have happened.

00:26:44Quite.

00:26:45And what is the usual...

00:26:47...result when these things are discovered?

00:26:50They are sent home.

00:26:52Straight away on the first suitable flight?

00:26:54Well, yes.

00:26:55Just as Leonora Kopech was.

00:26:57Yes, but in her case, not for that reason.

00:27:00Oh, how can you be sure...

00:27:02Because Leonora Kopech was an agent.

00:27:05We only have your word for that, Miss Gray.

00:27:07And you offer precious little evidence to support this contention.

00:27:10Mainly if I recall that she was...

00:27:12...academically gifted.

00:27:13And in six months, you were not aware that she ever worked...

00:27:17...as an interpreter.

00:27:18But do you accept that she may have?

00:27:21It is just...

00:27:22...possible.

00:27:23Indeed.

00:27:24And is it not also possible that she was sent...

00:27:27...at home?

00:27:28Not because she was an agent whose cover was blown...

00:27:31...but simply because...

00:27:32...because she was a young, attractive interpreter...

00:27:34...having...

00:27:35...a rather embarrassing...

00:27:37...affair...

00:27:38...with a serving RAF officer.

00:27:40The earth may have...

00:27:42...ceased to turn an hour ago, but all the evidence suggests it did not.

00:27:46However, I couldn't...

00:27:47...but prove it did not.

00:27:48And therefore, I would have to admit the possibility.

00:27:51Please, Aunt S...

00:27:52...answer the question, Miss Gray.

00:27:53It is possible, is it not, that Leonora Kopec...

00:27:57...was sent home because of the discovery...

00:27:59...of her affair with the defendant?

00:28:02I think my analogy was a fair one.

00:28:04It is possible she was sent home for that reason.

00:28:07But I don't think so.

00:28:08Ah, thank you, Miss Gray.

00:28:10Now, an earlier witness did hear...

00:28:12...Leonora Kopec speak, both in her own language and in English.

00:28:15He thought that her accent...

00:28:17...was German.

00:28:18Now, would it be fair to say that to a non-linguist...

00:28:21...her English...

00:28:22...the English accent might suggest that she was, in fact, German?

00:28:24It's not an unlikely error.

00:28:26Fine...

00:28:27...but certainly...

00:28:28...and I think I can look for an informed answer here.

00:28:31If...

00:28:32Leonora Kopec was an agent, a spy.

00:28:36Do you see a-

00:28:37Do you seriously think that she would have allowed herself to be photographed with her contact?

00:28:42Yes, Miss Gray?

00:28:44I can only assume she wasn't-

00:28:47I wasn't aware it had been taken.

00:28:50That's a possibility, yes.

00:28:52Thank you, Miss Gray.

00:28:54I call squadron leader, Davis.

00:28:57What position do you hold at RAF-

00:29:02I'm the station security officer, sir.

00:29:05Just so that we are all-

00:29:07quite clear.

00:29:08You hold the rank of a squadron leader, but are in fact an SI-

00:29:12B officer, the equivalent to a CID officer in the civilian police?

00:29:16Yes, sir.

00:29:17That is correct.

00:29:18Mm-hm.

00:29:19Now, what do your duties consist of?

00:29:20Well, I'm responsible for all-

00:29:22matters relating to security on the camp, whatever form they may take.

00:29:25Now, do you know the defendant?

00:29:27Yes.

00:29:27Yes, sir.

00:29:28Personally?

00:29:29No, sir.

00:29:30We're not personal friends, if that's what you mean.

00:29:31I see.

00:29:32Now, what was the first you knew of the matters that led up to these proceedings?

00:29:35I was called to the commander-

00:29:37officer's office and he asked me-

00:29:39I'm sorry to interrupt.

00:29:41Perhaps it was not your-

00:29:42intention, but I must remind you that you cannot tell us what was said in the absence of the

00:29:46accused, but you can-

00:29:47you can tell us what action you took as a result of it.

00:29:49Yes, I understand, sir.

00:29:51He handed me-

00:29:52give me some handwritten notes relating to the Banshee missile.

00:29:55This was Group Captain Portman.

00:29:56Er, yes.

00:29:57Yes, sir.

00:29:58And on his instructions, I began an investigation into the allegations made against-

00:30:02the squadron leader Pardo.

00:30:03Now, what form did this investigation take at this point in time?

00:30:06I certainly-

00:30:07he approached his office.

00:30:08That's the defendant's office, Squadron leader Pardo.

00:30:09Yes, sir.

00:30:10Mm-hmm.

00:30:11And?

00:30:12I found a photograph of Squadron leader Pardo and a woman, apparently taken at a party-

00:30:17I took possession of it.

00:30:18Now, why did you do that?

00:30:19Because the woman was not his wife and I thought-

00:30:22it may have some bearing on the case.

00:30:23Now, is this an enlargement of the photograph?

00:30:26Exhibit one.

00:30:28Er, yes, sir, it is.

00:30:32And did you eventually interview that officer?

00:30:34Er, yes, sir, I did.

00:30:35On the 29th of September-

00:30:37last-

00:30:38Well, that was six days after the accident.

00:30:40Er, yes, sir.

00:30:41What was the reason-

00:30:42for the delay?

00:30:43I didn't want to interview him until the medical officer had passed him as-

00:30:47as fit.

00:30:48I see.

00:30:49And he had been passed as medically fit at the time of the interview.

00:30:52Yes, sir.

00:30:53Now, Squadron leader Davis, if you would tell us what took place at that interview?

00:30:56I'm-

00:30:57I made some notes, er, on the questions and answers.

00:31:00May I refer to them?

00:31:01It's where they made-

00:31:02at the time of the interview?

00:31:03Oh, yes, sir.

00:31:04I prepared a questionnaire in advance, and the accused-

00:31:07he wrote in the answers himself.

00:31:08Er, he then signed the bottom of the sheet to the effect that he'd answered truthfully.

00:31:12correctly.

00:31:13Yes.

00:31:14Well, I think he'd better produce the whole document, Mr. Dealey, and it can be marked-

00:31:17the contents-of-Exhibit 4.

00:31:18I'm obliged, my Lord.

00:31:22Yes, Warden Leader

00:31:24Ah, the

00:31:26interview

00:31:27commenced at 1100 hours

00:31:29in the security

00:31:31office at RAF.

00:31:32It was

00:31:34terminated at 1135.

00:31:36Officers present

00:31:37the writer, flight

00:31:38Lieutenant Cooper

00:31:39and the accused.

00:31:42Question.

00:31:43What is your name,

00:31:44rank and serving

00:31:45number?

00:31:46Answer

00:31:47this, don't

00:31:47trouble with the

00:31:48formalities, but

00:31:49just proceed to the

00:31:51relevant part of

00:31:52your...

00:31:52Question.

00:31:52Yes, my lord.

00:31:57Um, question.

00:32:00Were you on the

00:32:01night...

00:32:02of the 23rd September

00:32:03last in your

00:32:04private motor car

00:32:05registration number?

00:32:06I think perhaps...

00:32:07you could assist this

00:32:07witness, you do have

00:32:08a copy of the

00:32:09questionnaire, do you

00:32:10not?

00:32:10My lord, yes.

00:32:11Then perhaps you

00:32:12can...

00:32:12suggest a good

00:32:12starting place for

00:32:13his evidence, one

00:32:15leaving out

00:32:16extraneous matters.

00:32:17Yes, my lord.

00:32:19I think if you were to

00:32:20commence with your

00:32:21question number...

00:32:22uh, eight.

00:32:24Let's go ahead and

00:32:24read it.

00:32:25Yes, sir.

00:32:27Come along,

00:32:30squadron,

00:32:31read it.

00:32:32My lord, yes.

00:32:33Uh, question.

00:32:34Is it...

00:32:35Is it true that on

00:32:36the night of the

00:32:3623rd...

00:32:37September last, you

00:32:38had in your

00:32:38possession notes

00:32:39relating to the

00:32:40Banshee missile?

00:32:41Answer, no.

00:32:42Answer, yes.

00:32:43Question.

00:32:44Are you aware that

00:32:45it is contrary to

00:32:46security regulations...

00:32:47to be in possession of

00:32:48security-rated materials

00:32:49off-camp?

00:32:50Answer, yes.

00:32:52Question.

00:32:54If you were in

00:32:55possession of such

00:32:55notes off-camp, why?

00:32:57Answer, to attend a

00:33:00manufacturer's

00:33:01specification meeting...

00:33:02the following morning.

00:33:04Question.

00:33:05Where were you

00:33:06driving to when the

00:33:07accident...

00:33:07occurred?

00:33:08Answer, I was just

00:33:10driving around...

00:33:12no particular

00:33:12destination.

00:33:15Question.

00:33:15There was a

00:33:16female passenger in

00:33:17the...

00:33:17vehicle with you.

00:33:18What was her name

00:33:18and address?

00:33:20Answer, unknown.

00:33:22Question.

00:33:24What was her

00:33:25relationship with you?

00:33:27Answer, I was just

00:33:27asking...

00:33:27Answer, none.

00:33:29She was a hitchhiker.

00:33:32Question.

00:33:33Have you ever

00:33:34communicated any

00:33:35information regarding

00:33:36the Banshee missile...

00:33:37or any other classified

00:33:39material to this woman

00:33:40or any other person?

00:33:42Answer, no.

00:33:44Question.

00:33:46Are you in a...

00:33:47sufficiently stable

00:33:48financial position

00:33:49to immediately

00:33:50discharge your debts?

00:33:52Answer, no.

00:33:54He then signed the

00:33:55questionnaire at the

00:33:56bottom to the...

00:33:57effect that he'd

00:33:57answered truthfully

00:33:58and then handed it

00:33:59back to me.

00:34:00And did you ask him

00:34:01any further questions

00:34:01on that...

00:34:02day?

00:34:02No, sir, not on that

00:34:03day.

00:34:04But after I'd seen

00:34:06Miss Gray, then...

00:34:07when I did.

00:34:07Ah, yes.

00:34:08Now, when did you

00:34:08see her?

00:34:09The day after I first

00:34:11interviewed Squadron

00:34:11Leader...

00:34:12I showed her the

00:34:13photograph that I

00:34:14found in his office.

00:34:15And as a result of

00:34:16seeing her, what did

00:34:17you...

00:34:17do?

00:34:17I interviewed

00:34:18Squadron Leader

00:34:18Pardo again at 2pm

00:34:20on the 1st of October.

00:34:22And what transpired

00:34:23at this meeting?

00:34:25Um, I said to him...

00:34:27Further information

00:34:29has come to hand.

00:34:30I do not think that

00:34:30you told the truth

00:34:31in this question.

00:34:32questionnaire.

00:34:33I handed the

00:34:33questionnaire to him

00:34:34and he looked at it.

00:34:35Did he reply?

00:34:37Yes, sir.

00:34:38He said,

00:34:39Oh, don't you?

00:34:41I said...

00:34:42Do you wish to amend

00:34:43any of your answers

00:34:44to the questions?

00:34:45He said,

00:34:46No.

00:34:47I'd rather hear

00:34:48what you've got to say.

00:34:50I see.

00:34:50What was his...

00:34:51What was his...

00:34:52general demeanour

00:34:53at this point

00:34:53in the interview?

00:34:55He seemed

00:34:55perfectly relaxed.

00:34:57and confident.

00:34:58Quite unconcerned.

00:35:00I see.

00:35:01And then what?

00:35:02Then I showed him

00:35:04the photograph.

00:35:06This one.

00:35:07Mm-hmm.

00:35:09I said...

00:35:10I found...

00:35:12this in a drawer

00:35:13in your office.

00:35:14The woman has been

00:35:15identified as the woman

00:35:16who was with you...

00:35:17on the night

00:35:17of the 23rd September.

00:35:19He said,

00:35:20Oh, hell.

00:35:21I'd forgotten...

00:35:22that that was ever taken.

00:35:24Did he offer

00:35:25any further explanation?

00:35:27I asked him

00:35:28why he'd lied.

00:35:29And he said,

00:35:31All right,

00:35:31it doesn't...

00:35:32matter any more.

00:35:33Her name is

00:35:34Renata Schettler.

00:35:36She's a German...

00:35:37au pair.

00:35:38I met her at a party

00:35:39in London

00:35:40a couple of months back.

00:35:42We were...

00:35:42having it off

00:35:43but my wife found out

00:35:44and it's all over now.

00:35:46And did he...

00:35:47still seem unconcerned?

00:35:49He was well,

00:35:49er...

00:35:50resigned,

00:35:51I suppose you'd say.

00:35:52So...

00:35:52Now, did you accept

00:35:53his explanations?

00:35:55No, sir.

00:35:56No, I said...

00:35:57The name of the woman

00:35:58in this photograph

00:35:59is not Renata Schettler.

00:36:01Did he reply?

00:36:02No, sir.

00:36:03He just looked at me.

00:36:05I said,

00:36:06Her name is Leonora...

00:36:07Kopec

00:36:08and she has been

00:36:09positively identified

00:36:10as a foreign agent.

00:36:12And what was

00:36:12the defendant's reaction

00:36:13to that?

00:36:15He went white

00:36:16and started shaking.

00:36:17But he didn't say anything.

00:36:18He just stared at me.

00:36:20Then I said...

00:36:22A squadron leader,

00:36:23Pardo,

00:36:23this woman is a spy.

00:36:26He seemed to...

00:36:27sort of sag.

00:36:28And then he said...

00:36:30Oh, my God.

00:36:31It was never...

00:36:32worth it.

00:36:37It was never...

00:36:38It was never...

00:36:39It was never...

00:36:40It was never...

00:36:41It was never...

00:36:42It was never...

00:36:43It was never...

00:36:44It was never...

00:36:45It was never...

00:36:46It was never...

00:36:47It was never...

00:36:48It was never...

00:36:49It was never...

00:36:50It was never...

00:36:51It was never...

00:36:52It was never...

00:36:53It was never...

00:36:54It was never...

00:36:55It was never...

00:36:56It was never...

00:36:57It was never...

00:36:58It was never...

00:36:59It was never...

00:37:00It was never...

00:37:01It was never...

00:37:02It was never...

00:37:03It was never...

00:37:04It was never...

00:37:05It was never...

00:37:06It was never...

00:37:07things you have omitted. Was anyone other than RAF personnel

00:37:11press...

00:37:12...present at your second interview with the defendant?

00:37:15Uh, yes, sir.

00:37:16Who was that?

00:37:17A gentleman from London, Mr. Caulfield.

00:37:21And in what capacity...

00:37:22...did this Mr. Caulfield appear?

00:37:24He was an observer.

00:37:25On whose behalf?

00:37:27Well, it's usual in these cases for someone to be sent down from the ministry.

00:37:32Let's not prevaricate, Squadron Leader. He was from one of our counter-espion...

00:37:37...in large sections?

00:37:40I don't think I'd better answer that question, sir.

00:37:42You must answer this question, Squadron Leader Davies.

00:37:44And I'm sure Mr. Harvesty will not pursue the matter...

00:37:47...in open court into areas that would afford embarrassment.

00:37:51Oh, quite so, my lord.

00:37:53Was he from a counter-espionage section?

00:37:55Yes, sir.

00:37:57And was it this mysterious Mr. Caulfield who put you in touch with Miss Grey, the previous...

00:38:02...witness?

00:38:03Yes, sir.

00:38:04And as a result of that, Miss Grey identified the woman in the photograph...

00:38:07...as Leonora Kopec, who, she alleges, is an agent?

00:38:11Yes, sir.

00:38:12So, Mr. Caulfield played a significant part in your investigation.

00:38:17Well, if you put it like that, yes, sir.

00:38:19But again, you saw fit not even to mention this.

00:38:22As I said before, I didn't think it was relevant.

00:38:25Oh, I see.

00:38:28And thereafter, you saw no more of him?

00:38:30No, sir.

00:38:31Which gives us an indication...

00:38:32...does it not, of the importance which he, acting for his department, placed on this investigation...

00:38:37Well, my lord, I object.

00:38:38This witness can hardly be expected to say what Mr. Caulfield thought.

00:38:41It's quite...

00:38:42So, I think your previous question made your point, Mr. Harvesty.

00:38:46I'm obliged...

00:38:47...my lord.

00:38:48Now, let's turn to another matter.

00:38:51You are...

00:38:52...a trained interrogator?

00:38:53Well, interrogation is part of my training, sir.

00:38:57Yes.

00:38:58Now, this business of, uh, preparing a questionnaire...

00:39:02...with getting the suspect to sign it...

00:39:04...and then leaving him for a day or so...

00:39:06...before throwing...

00:39:07...his answers back at him.

00:39:08This is, uh, an accepted part of interrogation technique, is it?

00:39:11You were...

00:39:12...taught to do it?

00:39:13Yes, sir.

00:39:14Yes.

00:39:15In effect, you ask questions...

00:39:17...which beg an answer, make it easy to lie...

00:39:20...and so arming yourself...

00:39:22...for the real investigation to follow.

00:39:24Yes, well, I wouldn't put it quite like that, sir.

00:39:27You see, if the suspect tells the truth...

00:39:29...then you can't use the questionnaire against him later.

00:39:32Now, that's a very revealing answer.

00:39:35But didn't you consider that...

00:39:37...the squadron leader Pardo might have lied...

00:39:40...not to cover some, uh...

00:39:42...the breach of security...

00:39:44...but to cover something else...

00:39:45...an illicit affair, perhaps?

00:39:46Yes.

00:39:47...so not really.

00:39:48Well, if you didn't, I'm sure this court will...

00:39:50...because, you see, this...

00:39:52...investigation, this interrogation of yours...

00:39:55...it has a flaw.

00:39:57If the suspect lies...

00:39:58...for a reason not connected...

00:40:00...with your investigation, then...

00:40:02...you could come to a wrong conclusion, could you not?

00:40:04Yes, I suppose so, if there were no other evidence...

00:40:06...but...

00:40:07...in this case there was.

00:40:08I mean, he practically admitted it.

00:40:10Oh, no, he didn't, squadron leader!

00:40:13Ah, do you have in mind, then, his reply...

00:40:15...when you told him that Leonora Kopech...

00:40:17...was a spy?

00:40:18Yes, sir?

00:40:19Yes, he said,

00:40:20Oh, my God!

00:40:21It was never worse...

00:40:22...was it this that you took to be an admission...

00:40:25...that he was passing information to Leonora Kopech...

00:40:27...for monetary reward?

00:40:28Yes, sir, in all the circumstances, yes, I did.

00:40:30But did it not occur to you that...

00:40:32...he might simply be expressing regret...

00:40:34...over his affair with this woman?

00:40:36No, I'll...

00:40:37...after all, he knew she was a spy.

00:40:38No, he didn't.

00:40:39We've heard no evidence of that.

00:40:41Ha, but...

00:40:42...he did.

00:40:43I told him.

00:40:44Yes, you told him.

00:40:47Thank you, squadron leader.

00:40:48I have no further questions.

00:40:49I have no re-examination, my lord.

00:40:52You may stand down, squadron leader Davies.

00:40:55That concludes the case for the prosecution.

00:40:57...my lord.

00:40:58Yeah, well.

00:40:59Yes, Mr. Harvesty.

00:41:00Ah, my lord, I...

00:41:02...and call the defendant, squadron leader Pardo.

00:41:07Is part of your work accepting responsibility...

00:41:10...for the maintenance and operational staff...

00:41:12...of the commanders of the Banshee missile?

00:41:13Yes, sir.

00:41:14Does that missile have a high reputation...

00:41:17...for efficiency and reliability?

00:41:19No, sir.

00:41:20Very low.

00:41:21It has a history of malfunction.

00:41:22It has consistently operated below the specifications...

00:41:24...agreed with the manufacturers prior to delivery.

00:41:27Yes, and indeed we have heard that...

00:41:29...it's since been withdrawn from service.

00:41:31We would...

00:41:32...not wish to present too gloomy a picture...

00:41:34...of the equipment in use with the RAF.

00:41:37I presume that the Banshee missile is an exception.

00:41:40Oh, yes, sir.

00:41:41The vast...

00:41:42...majority of equipment operates at or above specification.

00:41:45Hmm.

00:41:46If you were intending to select...

00:41:47...information to sell to an enemy agent...

00:41:49...would you select information concerning the Banshee?

00:41:51I think...

00:41:52...that would probably be the last information I should choose.

00:41:55My lord, I must object.

00:41:56My lonely friend is...

00:41:57...leading his witness.

00:41:58Yes, it's expressed as a hypothetical question...

00:42:00...but it is directed, I think...

00:42:02...to illustrate whether or not the missile is important.

00:42:06I don't...

00:42:07...with any real objection to it, Mr. Deasy.

00:42:10I'm obliged, my lord.

00:42:12Now, Squadron Leader, would you tell us about...

00:42:14...the notes that you made concerning the Banshee?

00:42:17Well, there was nothing as special about those notes.

00:42:19It's something I do every day.

00:42:20We all do.

00:42:21I made these...

00:42:22...particular notes because I was meeting a representative of the manufacturers.

00:42:25I took them home with me because I was...

00:42:27...going to a meeting first thing in the morning.

00:42:29I totally forgot about them after that.

00:42:31Are you habitually...

00:42:32...forgetful?

00:42:33No, I had a lot on my mind that night.

00:42:34I didn't deliberately take them out with me.

00:42:36I...

00:42:37...as I've said, I just forgot I had them.

00:42:38What exactly did you have on your mind?

00:42:41My wife...

00:42:42I found out that I was having an affair, which had caused a lot of trouble between us.

00:42:45That night, I was going to meet the...

00:42:47...and tell her it was all over.

00:42:48Did your wife know that you were going to meet her?

00:42:50Oh, yes.

00:42:51She agreed...

00:42:52She agreed to it.

00:42:53As long as I wasn't late back.

00:42:54Yeah.

00:42:55Tell us...

00:42:57...how it was this affair began.

00:42:58About three months ago, I went to a party given by a chap...

00:43:02...called Martin West.

00:43:03He was an old school friend.

00:43:05He owns a company that exports...

00:43:07...to Europe a great deal.

00:43:08At this party, I met a girl called Renata Sheckler.

00:43:12She told me she was German and...

00:43:14...worked in London as an au pair.

00:43:16You believe that to be...

00:43:17...to be true?

00:43:18I had no reason not to.

00:43:19No.

00:43:20And what happened?

00:43:21A party...

00:43:22...went on a bit late.

00:43:23Renata had had quite a bit to drink.

00:43:25We both had, really.

00:43:26We ended up...

00:43:27...going to bed together.

00:43:28We saw each other again after that...

00:43:29...until the night of the accident.

00:43:30How often?

00:43:31Once.

00:43:32Twice a week.

00:43:33It was difficult, really.

00:43:34Me being up here and her working in London.

00:43:35Yes.

00:43:36Well, where did you meet?

00:43:37In and around Fulchester.

00:43:38And where did you go to pursue this affair?

00:43:39In and around Fulchester.

00:43:40And where did you go to pursue this affair?

00:43:42It was all a bit sordid, really.

00:43:44It was in the back of my car.

00:43:47Did you ever telephone her?

00:43:49Or visit her home?

00:43:50No, I never knew her telephone number.

00:43:52Or her address.

00:43:53She explained to me that the family she worked for didn't permit her calls or visit...

00:43:57...at the house.

00:43:58She didn't want to lose her job.

00:43:59And how did you maintain contact?

00:44:02I gave her the telephone number of a call box just outside the camp.

00:44:05She phoned me Mondays and Thursdays...

00:44:07...at six.

00:44:08Yes.

00:44:09Now, I'd like you to look at this photograph.

00:44:10Exhibit number one, please.

00:44:12When was this taken?

00:44:17The night of the party where we first met.

00:44:20A professional photographer?

00:44:22No, it was just a chat with a Polaroid.

00:44:24It was a bit of fun, really.

00:44:25Did Renata Sheckler know that it was taken?

00:44:27Yes, we had a laugh about it afterwards.

00:44:29Yes, thank you.

00:44:30Now, let's come to the night...

00:44:32...of the 23rd of September.

00:44:34Tell us what happened after...

00:44:37...you left home.

00:44:38I made arrangements to meet Renata at Forchester Stadium...

00:44:42...and then we were driving to a pub, I know, when the accident occurred.

00:44:46We've heard no...

00:44:47...no mention so far of what caused the accident.

00:44:50Perhaps you can help us there.

00:44:52It was...

00:44:52...but it was totally my fault.

00:44:53I lost control of the vehicle.

00:44:54Why was that?

00:44:56I just told Renata...

00:44:57...that I didn't intend to see her anymore.

00:44:59She was silent for a while and then she said...

00:45:02...I love you, Colin.

00:45:04And I looked towards her and she'd taken a penknife...

00:45:07...out of her handbag and she had the...

00:45:09...the point at her throat and she said...

00:45:11...if you leave me...

00:45:12...I'll kill myself.

00:45:13Well, it was a total shock to me.

00:45:14I always thought she'd been...

00:45:15...lighthearted about...

00:45:17...the affair I had no idea.

00:45:18When I came to, I was in hospital.

00:45:22Why do you think the girl did not tell you...

00:45:24...her real name and occupation?

00:45:27I don't know.

00:45:28I've thought about that.

00:45:29You see...

00:45:30...Martin West, all the other people at the party...

00:45:32...knew her as Renata Sheckler.

00:45:34Perhaps she thought she was more...

00:45:36...socially...

00:45:37...acceptable as a German.

00:45:38And as I'd been introduced to her as Renata...

00:45:40...perhaps it was too late for her to tell the truth.

00:45:42Did she ever ask you to pass information...

00:45:45...about your work to her?

00:45:47No, never.

00:45:48Have you ever passed information...

00:45:50...to her or to any other person...

00:45:52No, I couldn't do that.

00:45:55Stay where you are, please.

00:45:57I would like you to look at this photograph again.

00:46:02Leonora Kopech, and let us use her real name, shall we?

00:46:07She's looking up at the ceiling.

00:46:09Now, I suggest to you that she was never aware...

00:46:11...that this photograph was...

00:46:12...ever taken.

00:46:13Not at the time, I don't think.

00:46:14But I showed it to her later.

00:46:15Hmm, we only have your word for that, don't we?

00:46:17Unless, of course, we're going to hear from the photographer...

00:46:19...or this Martin West.

00:46:20Well, I didn't know any...

00:46:22...anybody at the party, and I think Martin West is abroad.

00:46:24Hmm, so we do indeed have to rely on your...

00:46:27...or word.

00:46:28I'm afraid you do, yes.

00:46:29Hmm, and you admit to being a liar, don't you?

00:46:32Very well, you don't have to answer that.

00:46:35How did your wife first find out...

00:46:37...about this sordid affair, as you yourself have described it?

00:46:40I don't know, she just found out...

00:46:42...that's all, I didn't deny it.

00:46:43Why not?

00:46:45I can't explain it really, I find it...

00:46:47...very difficult to lie to her.

00:46:50Do you normally wear uniform?

00:46:52On the camp?

00:46:53Yes.

00:46:54So when you took these notes that we've heard so much about...

00:46:56...you were in uniform.

00:46:57Yes.

00:46:58But when you went to meet Leonardo Kopec that night...

00:47:00...you were in civilian clothes.

00:47:02Yes, that's right.

00:47:03You changed at home?

00:47:04Yes.

00:47:05Tell us then, if you'd forgotten all about these...

00:47:07...notes how it was that you removed them from your uniform...

00:47:09...as you changed and put them into your civilian...

00:47:12...and clothes.

00:47:14Well, I...

00:47:16...I hadn't thought...

00:47:17...about that, I...

00:47:18Evidently.

00:47:19Well?

00:47:20Well, they were in my wallet, the...

00:47:22...the policeman said he found them in my wallet...

00:47:24...so presumably I just changed the wallet over.

00:47:26I...

00:47:27...I forgot about them.

00:47:27...after that.

00:47:28I see.

00:47:30Tell me, when you went to this party where...

00:47:32...you met Leonardo Kopec.

00:47:33Had you already written down the telephone number...

00:47:35...of this call box outside the...

00:47:37...in the camp...

00:47:38...ready in the event of convincing an affair...

00:47:40...with a girl whom you could not telephone or call...

00:47:42...on yourself?

00:47:43No, of course not.

00:47:44You just...

00:47:45...remembered the number then, did you?

00:47:47No.

00:47:48Well, if you could not contact her...

00:47:50...and she did not have this telephone...

00:47:52...how did you get in touch with her...

00:47:54...on the very first occasion...

00:47:55...after the party?

00:47:57I can't remember.

00:47:58I...

00:47:59Do try.

00:48:00I'm sure you'll think of something.

00:48:01Well, I don't know.

00:48:02We...

00:48:02...just met at a pub I knew in Forchester...

00:48:05...and in the meantime I got the number...

00:48:07...of a call box and gave it to her when we met.

00:48:09That squadron leader, Pardo, is an obvious and deliberate...

00:48:12...lie.

00:48:13No, it isn't.

00:48:14Just like the rest of your evidences.

00:48:15This wasn't just an affair, was it?

00:48:16Not just scram...

00:48:17...not just a couple's in the back of a car.

00:48:18Once Leonora Kopech had met you at that party...

00:48:20...she had you hooked.

00:48:22She found out you were short of money and she offered you a deal.

00:48:24No, it wasn't like that.

00:48:25She offered you the two things that you could not...

00:48:27...resist sex and money.

00:48:28No!

00:48:29You sold out, didn't you, Pardo?

00:48:31I'm the only thing you're sorry for...

00:48:32...is getting caught.

00:48:33You went out that night with the sole purpose of passing...

00:48:35...classified information to a foreign agent, Leonora...

00:48:37...Kopech.

00:48:38You're a traitor, Pardo.

00:48:40A traitor!

00:48:42Thank you very much.

00:48:43Thank you very much.

00:48:47Thank you very much.

00:48:52Thank you very much.

00:48:57Thank you very much.

00:49:02Thank you very much.

00:49:07The case of the Queen against Pardo will be resumed tomorrow.

00:49:12In the Crown Court.

00:49:17Thank you very much.

00:49:18Thank you very much.

00:49:22Thank you very much.

00:49:27Thank you very much.

00:49:32Thank you very much.

00:49:33Thank you very much.

00:49:37Thank you very much.

00:49:42Thank you very much.

00:49:47Thank you very much.

00:49:52Thanks, Monty.

00:49:53Thanks.

00:49:54Thanks, Monty.

00:49:55Thanks, Monty.

00:49:56Thanks, Monty.

00:49:57Thanks.

00:49:57...prepared to pass classified information regarding the Banshee air-to-air missile to an enemy...

00:50:02...the agent Leonora Kopech. He admits having an affair with this woman, who he says he...

00:50:07...was Renata Schettler, a German au pair, but denies that she was an agent or...

00:50:12...or that he ever intended to pass information to her.

00:50:15I call Desmond Cross.

00:50:17Although the identification of Leonora Kopech as an agent might be open to debate...

00:50:22...Rodronly de Pardo has been sometimes less than totally convincing under cross-examination.

00:50:27The case for the defence continues.

00:50:30What is your religion?

00:50:31Church of England.

00:50:32Take the book in your right hand and read aloud the words on the card.

00:50:35I swear by almighty...

00:50:37...that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.

00:50:41Are you...

00:50:42Desmond Cross of 48 Whittam Avenue, London Colony?

00:50:45I am.

00:50:46How are you employed, please?

00:50:47I am Assistant Marketing Director for Colony Electronics, a subsidiary of DBI...

00:50:52...international.

00:50:53And what does Colony Electronics produce?

00:50:55Well, we don't operate a production line, we manage...

00:50:57...manufacturer to order.

00:50:58Mainly our work is on government contracts.

00:51:00You did one of the contracts...

00:51:02...include the Banshee missile?

00:51:03Well, we don't manufacture the missile, but we did design and produce...

00:51:07...the guidance system.

00:51:08And has that guidance system proved satisfactory?

00:51:11I'm afraid...

00:51:12...it hasn't.

00:51:13We must face the fact that there were inherent design faults which we have been unable...

00:51:17...to rectify almost entirely in the guidance system.

00:51:20And what has been the result of that?

00:51:22Well, the result is that the weapon has failed to operate to the specification...

00:51:27...upon which the production order was promulgated.

00:51:30In layman's terms...

00:51:32...it didn't hit its target often enough?

00:51:34Putting it broadly, yes.

00:51:36And we've...

00:51:37...we've heard that in fact the weapon has now been withdrawn from service.

00:51:40It has.

00:51:41I should like...

00:51:42...to say, however, that my firm...

00:51:44...has a very high reputation for the efficiency of its products.

00:51:47The faults this weapon displayed are very much an exception to an otherwise high standard.

00:51:52Yes, I'm sure that's so, Mr Cross.

00:51:54However, it is my client who is on trial here...

00:51:57...and not your company.

00:51:58Quite so.

00:51:59Yes.

00:52:00Now, there's something I would like to ask you, Mr Cross.

00:52:02Yes, my lord.

00:52:03How long was this Banshee in operational service?

00:52:06Almost...

00:52:07...exactly three years, my lord.

00:52:08And I presume there was a meeting at which a final decision...

00:52:12...was made to withdraw the missile.

00:52:14Yes.

00:52:15Were you present at that meeting?

00:52:16Yes, my lord.

00:52:17...was.

00:52:18Well, now, apart from its malfunctioning, was there any other reason that the missile...

00:52:22...was withdrawn?

00:52:23I'm not sure I understand.

00:52:25Well, you see, we have a substantial coincidence...

00:52:27...here.

00:52:28Throughout its life, this missile was operated below standard.

00:52:31Now, after...

00:52:32...about 18 months of its life, it was the subject of a speculative article...

00:52:37...in an international magazine which afforded the world details of its operations.

00:52:41Yes, yes.

00:52:42...the missile...

00:52:42...the missile was not withdrawn.

00:52:43Another 18 months' elapses, and squadron...

00:52:44...the missile was not withdrawn.

00:52:45Another 18 months' elapses, and squadron...

00:52:47...is charged with passing knowledge of its details to an enemy agent.

00:52:52...within two weeks, the weapon was withdrawn.

00:52:56Now, what I want...

00:52:57...to know is whether this was a coincidence, or whether the alleged activities of the squadron...

00:53:02...the leader had, in any way, an effect upon the decision made to withdraw the missile.

00:53:07Oh, I see what you're getting at, my lord.

00:53:09The meeting to decide the future of the weapon...

00:53:12...was arranged a long time before the squadron leader was arrested.

00:53:15We all knew, I think...

00:53:17...that it would be withdrawn.

00:53:18So, I cannot see that anything he may have done could have affected...

00:53:22...the decision.

00:53:23So, whether or not the squadron leader had passed information to an enemy agent...

00:53:27...and no effect upon the decision taken at that meeting?

00:53:30I would say not, my lord.

00:53:32Thank you, Mr. Cross.

00:53:33I'm obliged, my lord.

00:53:35Now, Mr. Cross, have you ever...

00:53:37...met the defendant, squadron leader Pardo?

00:53:39Oh, yes, several times.

00:53:40For what reasons?

00:53:41Oh, for...

00:53:42...the fault rectification on the banshee, usually.

00:53:44And nothing else?

00:53:45Well, we occasionally discussed...

00:53:47...of the matters.

00:53:48Matters covered by security regulations?

00:53:50Everything I do is.

00:53:52Certainly, we discussed other things more secret than the banshee...

00:53:57...if that's what you mean.

00:53:59Now, when did you last see the defendant?

00:54:01Well, I...

00:54:02I can't give you the exact date.

00:54:03It was about a month before he was charged, I think.

00:54:06We had a meeting lined up...

00:54:07...but...

00:54:08About what?

00:54:09Well, it was for the day after he had this accident.

00:54:12So, naturally, it didn't take place.

00:54:13So, you had a meeting arranged with the defendant for the 24th of...

00:54:17...September last.

00:54:18Yes, that's right.

00:54:19What was the purpose of that meeting?

00:54:20Oh, further discussion on...

00:54:22...modifications on the guidance system of the banshee.

00:54:25They were experiencing operating...

00:54:27...and operational troubles, yet again.

00:54:29We were constantly trying to remove the bugs.

00:54:32...as it were.

00:54:33Yes.

00:54:34How did you prepare for the meeting?

00:54:35Well, I studied the...

00:54:37...particular problems we intended to discuss.

00:54:39I collected the data I needed.

00:54:41Made notes.

00:54:42Made notes.

00:54:42You expected squadron leader Pardo to have done the same thing?

00:54:46Oh, yes, of course.

00:54:47Was the defendant the only officer with whom you had these...

00:54:52...notification meetings with?

00:54:53Half my time was taken up with these meetings.

00:54:56I had officers...

00:54:57...on my back from every station that operated the missile.

00:55:00Yes.

00:55:01Thank you, Mr. Croft.

00:55:02Ross.

00:55:03Remain where you are, please.

00:55:05As an expert, Mr. Croft...

00:55:07...if information came into your hands to the effect...

00:55:10...that a missile developed by an...

00:55:12...an enemy was operationally defective...

00:55:14...would that be a value of interest...

00:55:17...to you?

00:55:18Oh, yes.

00:55:19Especially if I knew the reasons why it was defective.

00:55:21I have no further questions.

00:55:22My Lord.

00:55:23Has your Lordship any further questions?

00:55:25No, thank you, Mr. Harbester.

00:55:26Thank you, then.

00:55:27Mr. Cross, you may leave the witness box.

00:55:29I call Jane Pardo.

00:55:32Jane Pardo, please.

00:55:34You are Jane Elizabeth Pardo...

00:55:36...of Cor...

00:55:37...of Scotland Hedgeway, Fulchester?

00:55:38Yes.

00:55:39Are you employed?

00:55:40I am a housewife.

00:55:42You are the wife of the defendant...

00:55:43...Squadron Leader Colin Pardo.

00:55:45Yes, I am.

00:55:47Your husband is charged with spying.

00:55:50What have you to say about that?

00:55:52It's absolute rubbish.

00:55:54I know him better than anyone else in the world.

00:55:56He's not capable...

00:55:57...of betraying his country.

00:55:58It just isn't in him.

00:56:00How long have you been married?

00:56:01Nine years.

00:56:02And are there children of the marriage?

00:56:04Yes, there's a boy of six and a little girl.

00:56:06A...

00:56:07She's four.

00:56:08A happier marriage, Mrs. Pardo?

00:56:11I...

00:56:12On the whole, yes.

00:56:13Very.

00:56:14Group captain Portman...

00:56:16...has...

00:56:17told us that a couple of weeks before the accident...

00:56:20...you spoke to him about something that was...

00:56:22upsetting you.

00:56:23Yes, I...

00:56:24I didn't know what to do.

00:56:25You see, since my parents...

00:56:27...has died.

00:56:28He's the only person I really feel I can talk to.

00:56:30I knew that Colin was...

00:56:32...having another affair.

00:56:33There had been others.

00:56:34Yes, but I thought he was...

00:56:37...beginning to come to his senses.

00:56:39Your husband admitted that he was having an affair?

00:56:41Yes.

00:56:42Admitted it...

00:56:42...straight away?

00:56:43No.

00:56:44After a few days.

00:56:45Did you ever discover who the other...

00:56:47...woman was?

00:56:48He said it was a German girl that he'd met in London.

00:56:51Did he tell you her name...

00:56:52...no.

00:56:53I think he would have done.

00:56:55I didn't want to know her name or anything about...

00:56:57...or I just wanted him to give her up.

00:56:59And did he eventually agree to do so?

00:57:01Yes.

00:57:02Bye.

00:57:02But he had to tell her that.

00:57:03Yes.

00:57:04That's where he was on the night of the accident.

00:57:07He went with your permission?

00:57:09Yes.

00:57:10I...

00:57:11I wanted him to tell her it was finished.

00:57:12I wanted her to know that it was all over.

00:57:15Now your husband has told us...

00:57:17Mrs. Pardo...

00:57:18...that on the night of the 23rd of September...

00:57:20...he arrived home where...

00:57:22...he was wearing his uniform and later...

00:57:24...he changed.

00:57:25Do you recall that?

00:57:27Yes.

00:57:28I put the children to bed early.

00:57:30He didn't want anything to eat and he went up...

00:57:32...the stairs to get changed.

00:57:33Did you go with him?

00:57:34Yes.

00:57:35We were talking.

00:57:36What about?

00:57:37Well, about...

00:57:37...ending the affair?

00:57:38He's a bit...

00:57:40...soft-hearted.

00:57:41I...

00:57:42I wanted to make sure he really told her it was all over.

00:57:45Now, did you see your husband...

00:57:47...remove the contents...

00:57:49...from the pockets of his uniform?

00:57:51Yes.

00:57:52Because he took everything out...

00:57:53...to transfer it to the suit he was wearing.

00:57:55Did you see anything...

00:57:56...un...

00:57:57...un...

00:57:57...unusual among his possessions?

00:57:58I mean, anything...

00:57:59...that he would not normally have with him?

00:58:01No.

00:58:02And I...

00:58:03...I did look because I thought he might have something of hers...

00:58:05...a photograph or a...

00:58:07...letter or something...

00:58:08...but...

00:58:09...they were just the usual things...

00:58:10...is...

00:58:11...wallet...

00:58:12...is...

00:58:12...cigarettes...

00:58:13...lighter...

00:58:14Did you look inside the wallet?

00:58:15No, I drew the line at that.

00:58:17Well, at least while he was there.

00:58:19How was your husband...

00:58:21...just...

00:58:22...before he left the house?

00:58:23Well, he was very nervous.

00:58:25He knew I was angry with him and...

00:58:27...he wasn't looking forward to telling her that it was all over.

00:58:29You mean he regretted the end of the affair?

00:58:31No.

00:58:32But I...

00:58:33...I gathered that she took it all rather more seriously than he did.

00:58:37When you first discovered this affair, what action did you do?

00:58:42What action did you take?

00:58:43I confronted him with it and...

00:58:45...and he denied it.

00:58:47I knew he was lying.

00:58:48The atmosphere was awful.

00:58:49I...

00:58:50I went to see Roger.

00:58:51Um...

00:58:52...group Captain Portman...

00:58:53...and he persuaded me I must keep on trying...

00:58:55...if only for the sake of the children.

00:58:57But did you do anything else?

00:58:59I stopped contributing to the family for now.

00:59:02...for the finances.

00:59:03Ah.

00:59:04Now, was that contribution considerable?

00:59:05Yes, it was.

00:59:06You need...

00:59:07You knew that this would place your husband into difficulties.

00:59:10He was, in fact, unable...

00:59:12...to pay a small mess bill.

00:59:14I know.

00:59:15I was sorry.

00:59:16But I...

00:59:17...I didn't see why I should pay for my husband's sexual escapades.

00:59:20ولo

00:59:220

00:59:230

00:59:2401

00:59:2501

00:59:2701

00:59:2801

00:59:3001

00:59:3101

00:59:3201

00:59:3301

00:59:3401

00:59:3601

00:59:25.

00:59:30.

00:59:35.

00:59:40Mrs Pader, do you love your husband?

00:59:45Yes, I do.

00:59:47A different question, then.

00:59:49Are you in love?

00:59:50Are you in love with him?

00:59:51That was exactly what I meant.

00:59:53So there's nothing in the world that you wouldn't do for this.

00:59:55He knows that.

00:59:56It's no secret.

00:59:57Despite the pain that he's caused...

01:00:00...you?

01:00:01Yes.

01:00:02Would you commit perjury for him?

01:00:05He wouldn't ask it of me.

01:00:07I'll ask you again.

01:00:08Would you commit perjury...

01:00:10...for him?

01:00:11God forgive me, yes.

01:00:13I...

01:00:14I think I...

01:00:15...I would.

01:00:16And have you?

01:00:17No, it hasn't been necessary.

01:00:19But you would do it.

01:00:20To protect him?

01:00:21Yes, I've said so.

01:00:23I see.

01:00:24Now what else...

01:00:25...would you do to protect your husband?

01:00:27Perhaps condone his involvement in spying?

01:00:30No.

01:00:31Ah.

01:00:32You would commit perjury, but you would not condone his involvement...

01:00:35...in spying.

01:00:36That's where you draw the line, is it?

01:00:38My husband is not...

01:00:40...a spy.

01:00:41You've...

01:00:42...set a trap for me with words.

01:00:43However I answer, I must be seen to disadvantage...

01:00:45...it appears that telling the truth doesn't always bring a just reward.

01:00:50...even in a court of law.

01:00:51We are merely trying to establish how far you would go to protect your husband.

01:00:55That's all.

01:00:56And I think we've done that conclusively.

01:00:58We can go on to something different.

01:00:59No?

01:01:00Does your husband discuss his problems with you?

01:01:04Yes.

01:01:05Yes.

01:01:06His work problems?

01:01:07Well, sometimes, in general terms.

01:01:09So you were aware...

01:01:10...that he was having difficulty with this Banshee missile?

01:01:12Yes.

01:01:13That it was not operating effectively?

01:01:14Yes.

01:01:15Not very wise to discuss these professional problems at home, is it?

01:01:19It might tend to...

01:01:20...to show some disrespect for security regulations?

01:01:22Not in the case of this particular missile.

01:01:25Really?

01:01:26About 18 months ago, I bought him a magazine.

01:01:28I thought it would interest him because there was...

01:01:30...a long article in it all about the Banshee.

01:01:32Ah, I see.

01:01:33What was your husband's reaction to the public...

01:01:35...for the publication of this article?

01:01:37He was rather amused.

01:01:38Why was that?

01:01:39Well, he thought it was...

01:01:40...Ironic that so much time and trouble was taken by the security services to deal with

01:01:44individuals in a...

01:01:45...the international publishing company could do what it's like without being brought to account.

01:01:50Oh, he also said that half the article was hogwash, that anyone with any specialised knowledge would...

01:01:55...find it difficult to accept the true parts because the rest of it was so ridiculous.

01:01:59Ah.

01:02:00Now, Group Captain Portman has said that you're a woman of independent means.

01:02:05Yes.

01:02:06How did this come about?

01:02:07I was the only beneficiary of my parents' estate.

01:02:10...an only child.

01:02:11And when did you come into this estate?

01:02:13It was about 11 years ago.

01:02:15That was before you were married?

01:02:16Yes.

01:02:17And your husband knew that you had this money before you got...

01:02:20married?

01:02:21Yes.

01:02:22I see.

01:02:23We married because we were in love.

01:02:25Both of us.

01:02:26Oh, I'm sure you're right, Mrs. Pardo.

01:02:28And over the...

01:02:29...and over the...

01:02:30Over the years, you've used this money, haven't you, to...

01:02:32...to maintain a higher standard of living than your husband Sally...

01:02:35...that would allow.

01:02:36Now, does this mean that your capital is substantially reduced...

01:02:38...after nine years of marriage?

01:02:40Well, yes, but Colin's salary is increased to compensate for it.

01:02:44Not sufficiently.

01:02:45Because when you did withdraw your financial support...

01:02:47...he was unable to pay a mess bill of, er...

01:02:50...7 pounds 52 pence.

01:02:55He would have been able to settle his debts with his salary check at the end of the month.

01:02:58Perhaps.

01:03:00The fact is, is it not, Mrs. Potter, that you as a family face the imminent prospect of a substantial reduction in...

01:03:05in your standard of living?

01:03:06We could have gone for a lot longer if it hadn't been for the cost of defending this...

01:03:10in this ludicrous case.

01:03:11Be that as it may, you and your husband are both well aware that your...

01:03:15forces were rapidly dwindling.

01:03:17Is that not true?

01:03:18Yes.

01:03:18And you were not looking forward to...

01:03:20that way.

01:03:20Who would?

01:03:21Exactly.

01:03:25How did you find out that your husband was having this affair?

01:03:28I just knew.

01:03:29Ah, f...

01:03:30Female intuition.

01:03:31If you like.

01:03:32There's no secret letters.

01:03:33Lipstick on the collar.

01:03:34No.

01:03:35Ah, you just knew.

01:03:37Yes.

01:03:38Well, could you explain that, please?

01:03:40To a mere male?

01:03:42Well, I don't know.

01:03:43It's the...

01:03:44He seems to with...

01:03:45It's the draw part of himself.

01:03:46It's the way he...

01:03:47talks and...

01:03:49acts and...

01:03:50He denied it at first, didn't he?

01:03:51He lied to you.

01:03:53Yes.

01:03:54Well, how did you know that he was not...

01:03:55telling the truth?

01:03:55How could you be sure?

01:03:57Because he's a very bad liar.

01:03:59When he's lying, you can tell...

01:04:00it's written all over his face.

01:04:03Yes.

01:04:04I think we understand...

01:04:05How many times did your husband make love for this woman?

01:04:10What a question, I don't know.

01:04:12Once, perhaps?

01:04:13Perhaps, but I doubt it.

01:04:15You did?

01:04:15You didn't ask?

01:04:16No, I didn't want to know details like that.

01:04:18I should have thought you might have been...

01:04:20curious to know about this woman

01:04:21and what she and your husband were up to.

01:04:24Look, I didn't...

01:04:25I didn't want to know anything about her.

01:04:26I just wanted to be able to forget her.

01:04:28The more you know about a person, the less...

01:04:30easier it is to forget them.

01:04:31The same goes for what they did.

01:04:32Doesn't that make any sense to you?

01:04:35You allowed your husband to go and see this woman one last time, didn't you?

01:04:40Yes.

01:04:41Now, she telephoned him twice a week, or so your husband has told us.

01:04:44Wouldn't you have preferred him to have said...

01:04:45his goodbyes over the phone, rather than having the necessity of actually going to see her again?

01:04:50Yes, I would, I just didn't think of it, so I let it...

01:04:55You see, Mrs. Pardo, despite the fact that you love your husband, it does seem that you...

01:05:00don't care very much about these affairs of his.

01:05:02But I do care, of course I do.

01:05:04You have...

01:05:05shown remarkably little interest in this woman who usurped you.

01:05:09If I may say so...

01:05:10you have shown remarkable self-possession.

01:05:12Now, one wonders why this must be.

01:05:15One must ask if there is a reason for it.

01:05:17I don't understand.

01:05:19Look, whatever may have happened in...

01:05:20the past, I suggest to you, as you are well aware, that except for the very first night

01:05:24that he met Leonora Coffey...

01:05:25your husband had no sexual contact with this woman at all.

01:05:28She was no danger to you.

01:05:30In fact, she was a blessing in disguise.

01:05:31I'm sorry, you're not making yourself clear.

01:05:33I put it to you that apart from that very first...

01:05:35the first night that he met Leonora Coffey...

01:05:36their meetings were purely business.

01:05:38The exchange of information for...

01:05:40cash, and you knew it!

01:05:41He knew!

01:05:42He knew that you were running out of money, and Providence provided a way...

01:05:45out.

01:05:45What started out as a sexual rump, ended up as a business partnership.

01:05:49That's not true!

01:05:50You know that, and you're protecting your husband, aren't you?

01:05:52You don't care what he's done!

01:05:53Anything!

01:05:54So long as you can keep him...

01:05:55lying, you're just standing there lying!

01:05:56Your husband is a spy, Mrs. Pardo, and you know it, don't you?

01:06:00No, you...

01:06:00He is not a spy, damn you!

01:06:01He is not a spy!

01:06:02Jane!

01:06:04I've no further questions.

01:06:05I'm sorry, Colin.

01:06:07I'm sorry.

01:06:08I'm sorry.

01:06:10That concludes the case for the defence, my lord.

01:06:15Members of the jury, much of the...

01:06:20evidence in this case, might tend only to confuse issues, which are in fact absolutely...

01:06:25crystal clear.

01:06:26I ask you to consider the wording of the charge...

01:06:30part of which reads...

01:06:31For a purpose prejudicial to the safety or...

01:06:35interests of the state, did make notes which might be directly or in...

01:06:40directly useful to an enemy.

01:06:43That, and only that...

01:06:45is what the prosecution have to prove.

01:06:48Now, we heard that the...

01:06:50accused made these notes, and from professional witnesses, that negative...

01:06:55information concerning this missile, inefficient though it may be, is of...

01:07:00value to an enemy.

01:07:04So, if we...

01:07:05know that these notes were useful to an enemy, then such information must therefore...

01:07:10also be prejudicial to the interests of the state.

01:07:13Now, the only remaining...

01:07:15character I submit...

01:07:16is the purpose for which the accused had these notes on the night of...

01:07:20September 23rd...

01:07:21Leonora Kopec has...

01:07:25been identified as a spy now can we sincerely believe that

01:07:30she was this interpreter with no language qualifications but sign

01:07:35tiffic qualifications who decamps from this hospital and it's flown out

01:07:40the country the very next day I think not so we have

01:07:45the accused in possession of these notes in the company of a spy

01:07:50now how much credence can we place on his evidence that he was simply conducting

01:07:54fair

01:07:55with this woman you've seen and heard him give evidence I don't think it's

01:08:00necessary for me to dwell on his hesitant and you may think inadequate

01:08:05and that applies to questions concerning his relationship with Leonora Kopech

01:08:08no the truth

01:08:10is clear she recruited him by sex and kept him

01:08:15by offers of money and in his case this was a deadly combination

01:08:20now perhaps we have not even now heard the whole truth of this matter

01:08:24but remember that

01:08:25the object of this trial is not to tie down every tiny element of truth

01:08:30but to establish on the basis of admissible evidence whether

01:08:35or not the accused is guilty or not guilty of the offenses he

01:08:40is charged with

01:08:41and on this basis I submit that the only verdict

01:08:45is open to you is one of guilty

01:08:50members of the jury

01:08:54members of the jury

01:08:55there are really only two issues here

01:08:58is Leonora

01:09:00Kopech a spy

01:09:03and did the accused have those no

01:09:05notes in his possession on the night of the accident in order to impart them to her

01:09:10if Leonora Kopech is a spy she must be the most inept

01:09:15spy that ever was

01:09:17she was frequently seen in public with her co

01:09:20contact she sought useless information about a weapons

01:09:25so uncertain in performance that it's now been withdrawn from service

01:09:28when the defendant

01:09:30had knowledge of far greater value

01:09:33she allowed herself to be photo

01:09:35photographed with him

01:09:36and finally

01:09:37she ran away

01:09:38in a panic

01:09:39from the hospital

01:09:40thus precipitating the very events which have led to this trial

01:09:45an enemy agent

01:09:46an enemy agent

01:09:47an enemy agent

01:09:48surely not

01:09:49I'm

01:09:50I make no excuses for the morals of the defendant

01:09:53he is however not on trial for infidelity

01:09:55but for spying

01:09:58now what are these notes

01:10:00we've heard

01:10:01we've heard

01:10:02that it was required

01:10:03of the defendant

01:10:04to make them

01:10:05as part of his

01:10:05formal work

01:10:06it was proper

01:10:07for him to take them to the meeting which was due to take place

01:10:10the morning after the accident

01:10:11the morning after the accident

01:10:12now bearing in mind the weight of his personal problems

01:10:15is it really so hard to believe that he simply forgot that they were in his wallet

01:10:20I would think not

01:10:22is there any evidence

01:10:23that he deliberately took them

01:10:25so that he could impart them to an enemy

01:10:28or that at any time

01:10:30that was his intention

01:10:31members of the jury

01:10:32I submit there is no evidence

01:10:35but you may well think that the defendant was right

01:10:37when after reading that article

01:10:40on the Banshee

01:10:41he made his wry comment about

01:10:43the eagerness of authority

01:10:45to prosecute the individual

01:10:47and let the big boys go free

01:10:49that magazine

01:10:50published operational details

01:10:51of the Banshee missile

01:10:5218 months ago

01:10:53but are the publishers

01:10:55on trial

01:10:56no my client is an easier target

01:10:58it is in your hands

01:10:59members of the

01:11:00the jury

01:11:01to see

01:11:02that he has afforded

01:11:03the protection of justice

01:11:04reason

01:11:05common

01:11:05nonsense

01:11:06and the weight of evidence

01:11:07points to a verdict

01:11:08of not guilty

01:11:09and that is the

01:11:10verdict

01:11:11which I ask you to return

01:11:12now members of the jury

01:11:14it

01:11:15it is my task to instruct you

01:11:17in the law

01:11:18in this case

01:11:19for you

01:11:20you alone

01:11:21are the judges of fact

01:11:23now here my

01:11:24task is relatively

01:11:25easy

01:11:26first I must tell you

01:11:27that it is the duty

01:11:28of the prosecution

01:11:30to prove

01:11:30its case

01:11:31beyond all reasonable doubt

01:11:33then there is a point

01:11:35upon which I think

01:11:36you may welcome

01:11:37some advice

01:11:38and it is this

01:11:39the offence

01:11:40in this case

01:11:41is not one of recreating

01:11:43or attempting to reveal

01:11:44secrets

01:11:45secrets

01:11:46but of making notes

01:11:48which were calculated to be

01:11:49or

01:11:50might be

01:11:51or were intended to be

01:11:52useful

01:11:53to an enemy

01:11:54and this

01:11:55must be done

01:11:56for a purpose

01:11:57prejudicial

01:11:58to the safety

01:11:59of the state

01:12:00so

01:12:01one of the vital questions

01:12:02is

01:12:03whether or not

01:12:04these

01:12:05notes

01:12:05were useful

01:12:06to an enemy

01:12:07notwithstanding

01:12:08that the information

01:12:09in

01:12:10in them

01:12:11had already been published

01:12:12in a magazine

01:12:13now there is another point

01:12:15now it is for you to decide

01:12:17whether or not

01:12:18this woman

01:12:19Leonora

01:12:20Copic

01:12:21or

01:12:22Renata

01:12:23Sheckler

01:12:24as the accused

01:12:25called her

01:12:25was a foreign agent

01:12:27now

01:12:28there certainly has been

01:12:29some mystery

01:12:30about this woman

01:12:31but it is for you to decide

01:12:33whether or not

01:12:34she was a

01:12:35spy

01:12:36and that the accused

01:12:37knew her to be a spy

01:12:39and was

01:12:40passing information

01:12:41to her

01:12:42now

01:12:43members of the jury

01:12:44will you

01:12:45kindly retire

01:12:46to consider

01:12:47your verdict

01:12:48All stand

01:12:50their

01:12:52who

01:12:53and

01:12:54ipped

01:12:55and

01:12:57all

01:12:58they

01:12:59saw

01:13:00the

01:13:01other

01:13:02and

01:13:03they

01:13:04that

01:13:06that

01:13:07is

01:13:08the

01:13:09the

01:13:11the

01:13:12the

01:13:13the

01:13:14the

01:13:15the

01:13:16the

01:13:17the

01:13:18the

01:13:19the

01:13:00Members of the jury, will your foreman please stand?

01:13:03Just answer this question, yes or no.

01:13:05Have you reached a verdict on which you're all agreed?

01:13:08Yes.

01:13:08Do you find the defendant guilty?

01:13:10Guilty or not guilty?

01:13:11Not guilty.

01:13:12Squadron Leader Pardo, you are free to...

01:13:15All stand.

01:13:20All stand.

01:13:28Next week, a chance to...

01:13:33Join another jury in assessing the facts when our cameras return to watch a leading case

01:13:37in the crowd.

01:13:38One court.

01:13:39One court.

01:13:43One court.

01:13:44One court.

01:13:45One court.

01:13:46One court.

01:13:47One court.

01:13:48One court.

01:13:49One court.

01:13:50One court.

01:13:51One court.

01:13:52One court.

01:13:53One court.

01:13:54One court.

01:13:55One court.

01:13:56One court.

01:13:57One court.

01:13:58One court.

01:13:59One court.

01:14:00One court.

01:14:01One court.

01:14:02One court.

01:14:03One court.

01:14:04One court.

01:14:05One court.

01:14:06One court.

Crown Court - Conduct Prejudicial (1973)

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