Crown Court - Hit and Miss (1973) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  In the village of Chelton, just outside Fulchester, an elderly man is knocked off his bicycle and killed by a speeding green Mercedes convertible. The car is traced to a local wealthy businessman who now needs to explain why the car in question was taken to a local garage for repairs within hours of the incident. The accused denies causing death by dangerous driving. TP McKenna stars, not as the counsel, but as the defendant!

Transcript

00:00:28Transcription by CastingWords

00:00:44Transcription by CastingWords

00:01:00Transcription by CastingWords

00:01:02Bottom Lane crosses the A67 further north

00:01:04and runs about four miles to join the

00:01:07Salby-Epton Road, the B263

00:01:08The Plough Inn is marked in the village of

00:01:11Chelten

00:01:11There are also two crosses marked on the map

00:01:13One is where the accident took place

00:01:15That's just outside Chelten

00:01:17And the other marks where the accused

00:01:19Mr Burnett lives

00:01:20Just outside Paley, about eight miles on

00:01:25After the accident, a police patrol car

00:01:27arrived on the scene at 11.05pm

00:01:29and almost at the same time

00:01:31the ambulance which took Mr Farrow to Salby General Hospital

00:01:34where he died immediately

00:01:35after admittance

00:01:37The police took an immediate statement from a motorist

00:01:39Mr Driscoll, who had witnessed the accident

00:01:41and gave a description of the car and the driver

00:01:43and the circumstances of the accident

00:01:45The bicycle was taken away by the police

00:01:47and given to the police forensic laboratory

00:01:48Yes, is this the bicycle in question, Superintendent?

00:01:54Yes, sir, that is the bicycle

00:01:55found at the scene of the accident

00:01:56and belonging to the deceased

00:01:57Exhibit 1, my lord

00:01:59Please continue, Superintendent

00:02:00I was placed in charge of the investigations the next day

00:02:03From the witness's description

00:02:04I was led to believe that the car that caused the accident

00:02:07was a metallic green Mercedes convertible

00:02:10owned by someone in the vicinity

00:02:12I made inquiries on all cars answering this description

00:02:14and found that the accused owned a convertible Mercedes sports car

00:02:18the type known as 350SL

00:02:20coloured metallic green

00:02:22registered number BUR2L

00:02:26I knew that the accused had been driving this car earlier in the evening

00:02:29because he had been seen by a police patrol car

00:02:31at 8.17pm near Wells Corner on the A135

00:02:34exceeding the speed limit

00:02:35My lord, the fact that Mr Burnett had been seen

00:02:37exceeding the speed limit 8.17 on June 14th

00:02:40is quite irrelevant to this charge

00:02:41I adduce this evidence, my lord

00:02:43merely to show that Mr Burnett was out in his car that evening

00:02:45a little over two hours before the accident giving rise to the charge

00:02:48Mr Burnett does not deny this

00:02:50in fact it's part of his defence

00:02:51but I particularly object to the witness dragging in a charge of alleged speeding

00:02:55which is irrelevant and prejudicial

00:02:57I must agree with that

00:02:59The jury will disregard what has been said about the accused

00:03:02having been seen breaking the speed limit earlier on the evening of June 14th

00:03:07You must stick purely to the facts bearing on the charge

00:03:10which the accused is actually facing

00:03:12I apologise, my lord

00:03:13Yes, Mr Covey

00:03:14Please continue

00:03:17On the afternoon of June 15th

00:03:18I visited the accused

00:03:19and explained the circumstances

00:03:21and asked to see his Mercedes car

00:03:23He replied that it was under repair

00:03:25in the workshop of his factory

00:03:26That is Burnett Components Limited

00:03:28at Stepton near Fulchester

00:03:29Yes, sir

00:03:30I asked the accused why the car was under repair

00:03:33and he replied that it had suffered damage

00:03:34in a scrape with his son's car

00:03:36in the driveway of his house the previous evening

00:03:39causing damage to the nearside wing

00:03:41and that he had put the repair in hand early that morning

00:03:44That is, the morning immediately after the death of Mr Farrell

00:03:46Yes, sir

00:03:47I asked him why he was in such a hurry to get his car repaired

00:03:50and he replied

00:03:50I dislike driving my cars in a dirty or damaged condition

00:03:54How many cars has Mr Burnett?

00:03:56Two, sir

00:03:57He's got the Mercedes and a Rolls Royce

00:03:58There's also a Fiat owned by Mrs Burnett

00:04:00and an MG sports car owned by the Sun

00:04:03And what did you do then?

00:04:04I asked the accused to accompany me at once to his factory

00:04:07and I saw the Mercedes car

00:04:09This had already been repaired and the wing resprayed

00:04:12I took the car and submitted it to the forensic laboratory

00:04:15and after receiving the laboratory's report

00:04:17I again visited the accused

00:04:18and asked him to give an account of his movements

00:04:20on the evening of June the 14th

00:04:22He told me that he had been out in the car

00:04:24from approximately 8pm that evening

00:04:27He said that in company with his secretary

00:04:29he had first visited a Mr Danville

00:04:31a director of his company living at Ash Green

00:04:34and that's off the map, sir, to the west

00:04:36and that he had then taken his secretary to her home in Coesley

00:04:40Then, he stated, he returned home

00:04:43I asked him when he had left his secretary's house

00:04:45and he replied, at 10.30

00:04:48I asked him what route he had taken back

00:04:49and he replied, the A67 to Wells Corner

00:04:52and then the A135

00:04:56I then asked him if he had not in fact

00:04:58taken the northerly, shorter route

00:05:00by Bottom Lane, east of the A67

00:05:03He replied that he had not

00:05:06After further inquiries, I again saw the accused

00:05:09and cautioned him

00:05:09and told him that I did not believe his account

00:05:11He replied, it's true and I can prove it

00:05:15I then charged the accused

00:05:16with causing the death of Mr Farrow by dangerous driving

00:05:18Thank you, Superintendent

00:05:22Superintendent Carson

00:05:24You must certainly be congratulated on one thing

00:05:26and that is the speed of your investigation

00:05:30The accident that caused the death of Mr Farrow

00:05:32occurred late on the night of June 14th

00:05:34and you took over the case early the next morning

00:05:36No, sir

00:05:37I did not say early

00:05:38I'm sorry

00:05:40When did you assume charge?

00:05:41It was during the morning before noon

00:05:43I see

00:05:44Incidentally, why was that?

00:05:46Why was what, sir?

00:05:48Why were you put in charge of this case?

00:05:50You're assistant head of a Mid-Northern Task Force

00:05:52dealing with crime over a wide area

00:05:54Serious crime

00:05:55Now, why wasn't this investigation left to Fulchester CID?

00:05:59Well, it was a serious crime

00:06:01Didn't you, in fact, ask to be put in charge of this case?

00:06:03I was instructed to take charge of it

00:06:05by Chief Superintendent Agnew

00:06:06But at your request?

00:06:08I suggested it, certainly

00:06:09For any particular reason?

00:06:11Well, I considered it a matter for the task force

00:06:13I see

00:06:15Now, you've said that you concluded that the car that caused the accident

00:06:18must be owned by someone living in the vicinity

00:06:20Yes

00:06:20Now, why was that?

00:06:21Well, the road where the accident occurred is narrow and winding and unlit

00:06:24It wouldn't be used by anyone who didn't know it

00:06:26Or by the same token, surely, by anyone who did know it

00:06:29Whereby an unfamiliar driver might have blundered into it

00:06:32Well, I went under a working assumption

00:06:34Which led you to start looking for a metallic green convertible Mercedes garage

00:06:38somewhere in the area

00:06:40Yes

00:06:41How many did you find?

00:06:44Well, how many did you find?

00:06:45You say you looked or your assistants looked

00:06:47How many such cars did you find?

00:06:49Well, it wasn't necessary

00:06:50We immediately found the car owned by the accused

00:06:52That wasn't my question, Superintendent

00:06:54I'll put it another way

00:06:56This is quite a large area and fairly wealthy

00:06:58A number of people living here must own convertible Mercedes cars

00:07:02And metallic green is not an unusual colour, is it?

00:07:04No, sir

00:07:05So if you had looked, how many such cars do you think you'd have found?

00:07:08Five, ten, a dozen?

00:07:09I couldn't say

00:07:10No, because you didn't look, did you, Superintendent?

00:07:12I commenced investigations

00:07:13Sir?

00:07:14As I said, it proved unnecessary to pursue them

00:07:17Sir, having assumed rather boldly that the car was owned by someone living in the vicinity

00:07:21And without checking on other cars in the area

00:07:24You ascended like an arrow from the bow on the car belonging to Mr Burnett

00:07:29Rather an inspired shot, don't you think, Superintendent?

00:07:32We have received other information

00:07:33Such as?

00:07:34Well, there was the report that the accused had been seen in his car earlier in the evening

00:07:38I'm sorry, my lord, but I was answering the question

00:07:40It was perfectly proper in this context

00:07:42Thank you, my lord

00:07:43With your lordship's permission

00:07:44And in this context, I would like to go a little more into this report of Mr Burnett's alleged speeding

00:07:51Now, I think you said, Superintendent, that around 8 o'clock on the evening of June...

00:07:54I said, 8.17

00:07:578.17

00:07:58Thank you for the correction, Superintendent

00:08:00At 8.17, a police patrol car saw Mr Burnett in his Mercedes going along the A135

00:08:06Now, I don't think you mentioned the alleged speed

00:08:09Well, it was 76 miles an hour

00:08:1276 miles per hour

00:08:14Don't the police use it to use a little discretion when reporting speeding offences?

00:08:18Yes

00:08:19In fact, is it not rare for them to bring prosecutions when the offender is only doing what, shall we

00:08:22say?

00:08:23Five or six miles per hour above the permitted limit?

00:08:25It's still against the law

00:08:26Indeed it is

00:08:27And so they reported it, Inspector

00:08:31Now, you had this report the following morning, did you?

00:08:33When you received the news of the fatal accident to Mr Farrow?

00:08:35That is so, yes

00:08:36Came what? First thing in the morning, did it?

00:08:38A routine matter?

00:08:39Yes

00:08:41Why?

00:08:44I'm sorry?

00:08:45Why did you receive this report?

00:08:48Well, I do receive reports

00:08:49And as you said, it's a matter of routine

00:08:51What, a report of a trivial speeding offence?

00:08:54Speeding isn't trivial

00:08:55You are assistant head of a task force concerned, as we know, with serious crime

00:09:00And the local police bother to send you a report of this minor transgression of the speeding law merely as

00:09:04routine?

00:09:05Is that usual?

00:09:07It happens

00:09:07I suggest that it happens because you asked for it to happen, Superintendent

00:09:12Are you asking me?

00:09:14I will ask you

00:09:16Did you not, in fact, issue general instruction to be sent reports of any infractions of the driving law committed

00:09:23by Mr Burnett?

00:09:24No, sir

00:09:24I think you should be very careful, Superintendent

00:09:26This is a matter that can be checked

00:09:28I ask for reports on all motorists in the area with bad driving records

00:09:32I consider them potentially very dangerous

00:09:34Well, I have Mr Burnett's driving record before me

00:09:38In the past five years, he has received two convictions for speeding

00:09:42One last year for driving on a motorway at 77 miles per hour

00:09:47And one earlier this year for driving on a local road at 35 miles per hour

00:09:53Now, I'd hardly call that a dangerous driver

00:09:57Would you, Superintendent?

00:09:58Well, that is a matter of opinion

00:09:59Isn't it rather a matter of victimisation?

00:10:03That, again, is a matter of opinion

00:10:06Mr Dilley, I'm not quite sure what you're saying

00:10:09Unless you are suggesting that the police have pursued improper means in pursuing this case

00:10:15Out of a sort of prejudice against the accused

00:10:20My lord, that is precisely what I am suggesting

00:10:36I'm obliged to your lordship

00:10:39Superintendent Carson

00:10:40I ask you now

00:10:42Are you prejudiced against Mr Burnett?

00:10:44No, sir

00:10:45Do you dislike him?

00:10:46I don't know him

00:10:47You know of him?

00:10:48He's a well-known man

00:10:49Well-known in the county, in social work and in industry

00:10:52I believe so, yes

00:10:53Have you ever had any dealings with him?

00:10:56Not directly, if that's what you mean

00:10:57I think you know what I mean, Superintendent

00:11:00Before you were appointed a Mid-Northern Task Force and raised in rank

00:11:03Were you Chief Inspector of Fulchester CID?

00:11:05Yes, I was

00:11:05And in that capacity, did you not handle a prosecution of a certain Reginald Mullins

00:11:09An employee of Mr Burnett's company, Burnett Components?

00:11:12Yes, I did

00:11:12Now, this was a prosecution for the possession of cannabis

00:11:15Of which some traces had been found in the saddlebag of Mr Mullins' motorcycle

00:11:19He claimed that it had been planted there by someone with ill will towards him

00:11:23On search of his dwelling, a quantity of cannabis was found by the police

00:11:27Which again, Mr Mullins claimed had been planted

00:11:30This time, by the police themselves

00:11:32Now, that is the case, is it not?

00:11:33Yes, and it was an absolute lie

00:11:35Nevertheless, Mr Burnett believed his employee's story and paid for his defence by counsel

00:11:39And in the event the case was dismissed, is that so?

00:11:42Yes

00:11:42And he left a strong impression, taken up by the newspapers, that the police had, in fact, framed Mullins

00:11:48Which was absolutely untrue

00:11:50And this, of course, reflected unfavourably on you, being in charge of the case

00:11:53The case was investigated and I was exonerated completely

00:11:56But you were deeply embarrassed, and you blamed the present accused, Mr Burnett

00:11:59I have nothing personally against Mr Burnett

00:12:02I suggest that you have

00:12:03And I suggest that the prosecution of Mr Burnett, early this year, for driving at 35 miles per hour

00:12:08And the intended prosecution of Mr Burnett, on June 14th, for driving at 76 miles per hour

00:12:14Are all part of a campaign of harassment directed at Mr Burnett

00:12:18That's absolutely untrue

00:12:19And I suggest that you eagerly seized upon this chance

00:12:22Presented by the death of Mr Farrow, to bring Mr Burnett to court on a serious charge

00:12:25Absolutely untrue

00:12:28Well, we shall see about that, Superintendent

00:12:31I have no further questions, my lord

00:12:33Do you wish to re-examine, Mr Gulligan?

00:12:36Just one question, my lord

00:12:37Superintendent, in your conduct of investigations in this case

00:12:40Have you at any time neglected evidence, or distorted, or selected evidence, or secured it by improper means?

00:12:45No, sir, I have not

00:12:46Nor would I ever

00:12:48Thank you, Superintendent

00:12:50You may stand down

00:12:52My lord, there is an agreed statement made under Section 9 from a doctor

00:12:56Mr Balakrishna Gupta, with your lordship's permission, I'll read it to the jury

00:13:00Dr Gupta is resident house surgeon at Salbury General Hospital

00:13:04The deceased, Mr Farrow, was admitted to the accident ward of the hospital at 11.30pm on the night of

00:13:09June 14th, 1973

00:13:10I was on duty and saw him immediately

00:13:13On examination, I found he had a fractured skull consistent with receiving a heavy blow from a hard object

00:13:18I was informed that he had fallen from a bicycle and hit his head on the road

00:13:22And the injury was consistent with this

00:13:24Mr Farrow died while under examination

00:13:26Death was directly due to the injury he had received

00:13:31I'd now like to call Mr Norman Driscoll

00:13:37Mr Driscoll, will you give the court your full name?

00:13:40Norman Leonard Driscoll

00:13:41And you live at 13 Mill Lane Bursal

00:13:44The Jasmines

00:13:45I beg your pardon?

00:13:46We prefer to call it that, my wife and I

00:13:48Oh, I'm sorry

00:13:49At least my wife does, you see, because of the...

00:13:50You call the house The Jasmines?

00:13:52Yes, my lord

00:13:53You prefer to do that rather than to call it by number 13?

00:13:56Yes, my lord, you see, my wife and I...

00:13:59I thank your lord, you

00:14:00Of the Jasmines Mill Lane Bursal

00:14:03Now, what is your profession, Mr Driscoll?

00:14:05Bookkeeper, sir, but mainly retired

00:14:07That is, I still do a little, of course

00:14:09Mr Driscoll, on the night of June the 14th, 1973

00:14:13At about 25 minutes past 10

00:14:14Were you travelling with your wife in your car between Chelten and your own village of Bursal?

00:14:19Yes, sir

00:14:19We'd been to see our married daughter at Epton

00:14:21We usually go on a Wednesday, but this time it wasn't convenient

00:14:25Yes, now, I'd like to take you to the point where you just passed through Chelten

00:14:28And were on your way home

00:14:29Now, will you describe in your own words what happened?

00:14:32Well, we were driving, that is, I was driving along

00:14:36And we came to a turn in the road, not a big turn

00:14:38Oh, I'm sorry, I should have asked

00:14:39What make is your car?

00:14:41Morris Minor

00:14:42Not new

00:14:431953

00:14:45And what speed were you travelling at?

00:14:4720 miles an hour

00:14:48Is that your usual speed?

00:14:50Yes, my wife is nervous, you see

00:14:52I understand

00:14:52Well, please go on

00:14:54You'd come to a turn or a curve in the road

00:14:57Now, what then?

00:14:57My wife said there's a car coming

00:14:59I'd seen it, of course

00:15:00I pulled over as far as I could

00:15:02There was a hedge, I could feel the branches

00:15:05And I saw this Mercedes car coming very fast

00:15:08And then I saw the cyclist on the other side of the road

00:15:11At least I didn't actually see him

00:15:12It was more like his shadow

00:15:14His silhouette, I mean, in the lights

00:15:16They were very bright

00:15:18They must have been full on

00:15:19And at that point, where was the cyclist in relation to you?

00:15:22On the other side of the road

00:15:24A little way ahead and coming towards me

00:15:26On his side, that is close to the hedge

00:15:28He didn't seem to be moving, really

00:15:31But of course, he must have been to have kept on his bike

00:15:34A bicycle

00:15:35And then?

00:15:35Well, then this Mercedes car came along to terrible speed

00:15:40I thought he would put on his brakes

00:15:43But he didn't

00:15:43He just came straight on

00:15:45It was an open car, a grey-green

00:15:48And I saw the driver

00:15:49And then it flashed through

00:15:51And what did you do at this moment?

00:15:53I pulled up

00:15:54I looked out of my side window

00:15:56And I couldn't see the cyclist

00:15:58And then my wife said, he's hit him

00:16:01I got out of the car and ran across the road

00:16:04And I could see the bicycle in the road

00:16:06And then I saw him

00:16:07The cyclist, I mean

00:16:09Lying against the foot of the hedge

00:16:11He wasn't moving

00:16:13I ran back to my wife

00:16:15And I told her what had happened

00:16:16And that we'd have to get help

00:16:17And she was very upset

00:16:19And I didn't know what to do

00:16:21And then a man came along

00:16:22So I drove home

00:16:23And I phoned the police

00:16:24Then I thought I'd better get back there

00:16:27Just in case

00:16:28Well, when I got there

00:16:30The police were already there

00:16:32And the ambulance was just coming

00:16:33Thank you, Mr Driscoll

00:16:35Now, just to go over a few details

00:16:37Of what you've just told us

00:16:38You say the cyclist

00:16:39And that is as we now unhappily know

00:16:41Mr Farrow

00:16:42Didn't appear to be moving

00:16:43I take it he was moving slowly

00:16:45Well, yes

00:16:46He must have been

00:16:47He wasn't walking or standing

00:16:49Oh, no

00:16:50He was on the bicycle

00:16:51I could see that

00:16:51I could see his legs bent

00:16:53And he didn't swerve

00:16:54Into the path of the car

00:16:55Of the Mercedes

00:16:56No, he was close to the hedge

00:16:58He, well, he wouldn't have had time, really

00:17:00And the car didn't swerve

00:17:01To avoid Mr Farrow

00:17:02No, it came straight on

00:17:04And there was room for it

00:17:06To pass between you

00:17:07Oh, yes

00:17:08I suppose the driver

00:17:10Just didn't see the bicycle

00:17:12In time, that is

00:17:13Now, it was an open car

00:17:15And you saw the driver

00:17:16Now, Mr Driscoll

00:17:17I want you to be very careful about this

00:17:19Will you give the court

00:17:21An exact description

00:17:22Of the occupant of that car?

00:17:24It was a man

00:17:26About middle age

00:17:27And he was square

00:17:28I mean, he was quite big

00:17:30And he had hair down the side of his face

00:17:33And he wore a light coat

00:17:35Light coloured, that is

00:17:36With a high collar

00:17:39That's about all, really

00:17:40Thank you

00:17:41Now, Mr Driscoll

00:17:42Do you recognise this man in court?

00:17:43Yes, he's sitting over there

00:17:45Thank you

00:17:46No further questions

00:17:50Mr Driscoll

00:17:51How long have you been driving?

00:17:54Fifteen years, sir

00:17:55And what was this present car?

00:17:56The Morris Minor?

00:17:57No, I had a car before that

00:17:59I see

00:18:00What make was that?

00:18:01Morris Minor

00:18:02Oh

00:18:02You weren't tempted to go for another make

00:18:04When you bought your second car?

00:18:06Oh, no

00:18:06I knew this was a good make

00:18:07And reliable

00:18:08And I don't drive fast

00:18:10So you didn't shop around

00:18:11The other makes?

00:18:12I just like a car that goes

00:18:14I don't know much about them

00:18:16I'm afraid

00:18:17You don't know very much about them

00:18:20Mr Driscoll, you've given a very clear

00:18:22In fact, excellent account

00:18:23Of the accident that you saw

00:18:24Thank you, sir

00:18:25I have to be clear in my work

00:18:27You say you came round the bend in the road

00:18:29Then saw the Mercedes bearing down on you

00:18:32And as you say

00:18:32At terrible speed

00:18:34Headlights blazing

00:18:35Yes, that's right

00:18:36Well, I suggest that you did not, Mr Driscoll

00:18:39But I...

00:18:40I'm afraid I don't quite understand

00:18:42You did not see a Mercedes

00:18:44And this was a very narrow road

00:18:45Unlit

00:18:47The car was coming virtually straight at you

00:18:49Headlights at full beam

00:18:50All you could have seen was, in fact, the lights

00:18:52Isn't that so?

00:18:53Well, yes, at that point

00:18:56Ah, but you said you saw a Mercedes at that point

00:18:58And that wasn't, in fact, true, was it?

00:19:01Well, no, not really, if you put it like that

00:19:04But immediately after, I did then

00:19:06You said that the car, as yet unidentified

00:19:09Bore down on you without checking its speed

00:19:12And passed in a flash

00:19:13Now, those were your words, weren't they?

00:19:15Yes

00:19:15And you weren't able to notice

00:19:17Not only the make

00:19:18But the colour of the car

00:19:20Yes, it was grey-green

00:19:22Well, a sort of grey-green, sort of

00:19:25Grey-green?

00:19:26It's rather an indeterminate colour, isn't it?

00:19:29Well, I don't know

00:19:30I'm not sure exactly what it is that you're trying to...

00:19:32Well, the road was dark, Mr Driscoll

00:19:34You'd just been dazzled by powerful headlights

00:19:36And I put it to you that you couldn't possibly tell

00:19:38What colour the car was

00:19:40Except that it was dull or a dark colour

00:19:42It could have been brown or green or even plain grey

00:19:45Well, it...

00:19:47Oh, but it was grey-green

00:19:49Because they found some of the paint on the bicycle

00:19:51Where it had scraped off

00:19:52Ah, the police knew, but you didn't, did you?

00:19:56Well, no, not... not really

00:19:58So, we can say that you didn't really notice the colour

00:20:02But you were able to notice the make

00:20:04And, of course, the driver

00:20:07Yes

00:20:08Even though you were still dazzled by headlights

00:20:11And the car passed in a flash

00:20:12Do you notice him sufficiently clearly

00:20:15To be able to identify him later

00:20:17As the accused?

00:20:19Yes

00:20:20And you said that he had

00:20:21Hair on the side of his face

00:20:22In other words, side whiskers?

00:20:24Yes, that's right

00:20:25And that he was wearing a light-coloured coat?

00:20:26Oh, yes, I saw that

00:20:28With a high collar?

00:20:29Yes

00:20:29My lord, I would like to produce the motoring coat

00:20:31Belonging to the accused

00:20:32Which is Exhibit 2

00:20:33Very well

00:20:34Thank you

00:20:36Now, this coat

00:20:38Is the one that Mr Burnett

00:20:39Will say he was wearing

00:20:40On that night, Mr Driscoll

00:20:41And with your permission, my lord

00:20:43I would like Mr Burnett

00:20:44To put this coat on

00:20:45Give the accused the coat

00:20:47Please put it on

00:20:49Yes, sir

00:20:51Thank you

00:20:59Is that how you habitually wear that coat, Mr Burnett?

00:21:01Yes

00:21:03Thank you

00:21:03Now, would you stand sideways to the witness, please

00:21:05In profile

00:21:08Now, Mr Driscoll

00:21:09Can you see Mr Burnett's facial hair?

00:21:12Er, well, er, er, no

00:21:14But you said you did

00:21:16You described him as having side whiskers

00:21:18But as you can see

00:21:18They're hidden by the collar of the coat

00:21:21Well, it

00:21:22It must have been turned down

00:21:23Down?

00:21:25In that case, how on earth

00:21:26Could you tell that the coat had a high collar?

00:21:28Well, I

00:21:28It must have been half down

00:21:31Half down

00:21:31I see

00:21:32The driver passed in a flash

00:21:34You were dazzled by his headlights

00:21:35But you saw that he had side whiskers

00:21:38A light-coloured coat

00:21:39With the collar

00:21:40Half down

00:21:41Yes

00:21:43Thank you, Mr Burnett

00:21:45Mr Driscoll

00:21:46The counsel for the prosecution

00:21:47Has already advised you

00:21:48To be very careful

00:21:49And I can only repeat that warning

00:21:51You are on oath

00:21:54Did you, in fact

00:21:55See anything more

00:21:56Than a man at the wheel

00:21:57Who could have been

00:21:58An any motorist

00:21:59Wearing an ordinary motoring coat?

00:22:02Well, well, well, you see

00:22:04It was after I'd thought about it

00:22:06And tried to remember

00:22:07Ah

00:22:08And that was quite different, I suppose

00:22:10Well, yes, it was

00:22:12But the police were very helpful

00:22:14I'm sure we're all very glad to hear that, Mr Driscoll

00:22:18Now, how exactly were the police helpful to you?

00:22:21Well, they asked a lot of questions

00:22:23And then it began to come to me

00:22:25What I'd seen

00:22:26I see

00:22:27And did the police show you any photographs of men who might have been the driver that you saw?

00:22:32Yes, they did

00:22:33How many?

00:22:34Er, I think about six

00:22:36And were any of these of the accused?

00:22:39Yes, one of them was

00:22:40One of them was

00:22:42Now, did they do anything particular to draw your attention to this photograph?

00:22:46Oh, no, they just showed me the photos

00:22:48And did you pick out Mr Burnett?

00:22:50Er, well, er, not then, not really

00:22:54I wasn't quite sure, you see

00:22:56They all looked rather alike

00:22:59They all looked rather alike

00:23:00Do you mean they all had side whiskers, Mr Driscoll?

00:23:03Er, yes, they did

00:23:06Mr Driscoll, returning to the car

00:23:08Now, we've agreed that you're not an expert

00:23:10But you can apparently recognise a Mercedes-Benz when you see one

00:23:13My lord, I have here a number of photographs of large open sports cars

00:23:18Which I would like to show to the witness

00:23:20Very well

00:23:20My lord, I think I should see those photographs as well

00:23:22The clerk will pass them

00:23:24The witness first, please

00:23:28Now, Mr Driscoll, would you, er, look at the top photograph?

00:23:32Er, yes, sir

00:23:32Can you identify the car in it?

00:23:34It's, er, is it a Ford?

00:23:37No, it's a Jaguar

00:23:40Can you identify the second?

00:23:43Er, it's, is it, er, a Daimler?

00:23:47No

00:23:48It's a Triumph

00:23:50And the last one, Mr Driscoll?

00:23:53No, I'm, er, I'm sorry

00:23:55That, Mr Driscoll, is a Mercedes-Benz

00:23:58In fact, it's Mr Burnett's Mercedes

00:24:16The case of the Queen against Burnett will be resumed tomorrow in the Crown Court

00:24:23The case of the Queen against Burnett's

00:24:24And the Smith and the Queen against the Queen against Burnett's

00:24:42The characters of the Queen against Browlle

00:24:50The Scottish

00:24:51George Farrow, retired jobbing gardener, cycling home down a dark country lane one June evening,

00:24:57was knocked down and killed by a speeding car which failed to stop.

00:25:01A witness to the accident, a Mr Norman Driscoll, identified the car as a grey-green open Mercedes.

00:25:06In due course, a local businessman, Henry Burnett, was charged before the Crown Court

00:25:11with causing death by dangerous driving.

00:25:14We rejoin the hearing as the prosecuting counsel begins his examination

00:25:17of the forensic scientist, Dr Angus Roberts.

00:25:21Angus Sinclair Roberts, Doctor of Science.

00:25:23And your address is the Grove House Canwick and you are a forensic scientist

00:25:26employed by the Home Office of the Fulchester Regional Forensic Laboratory?

00:25:30I am.

00:25:31Dr Roberts, on June 15th this year, were you presented by the police with a bicycle for examination?

00:25:36Yes, I was.

00:25:37Would you hold up Exhibit 1, please?

00:25:41Is this the bicycle?

00:25:42It is.

00:25:44Would you tell the court, please, the results of your examination on it?

00:25:48The bicycle is a rally machine approximately 40 years old and in poor repair.

00:25:54It had been repainted twice on the last occasion in red, what might be described as post office red.

00:26:01It had suffered damage to the rear wheel and mudguard, and on examination I found traces

00:26:06of metallic green paint superficially embedded in the paint of the mudguard.

00:26:10And did you submit this paint to analysis?

00:26:12I did.

00:26:14Chemical analysis showed the paint to match that used by the German make-of-car Mercedes-Benz on the 350SL

00:26:21model.

00:26:22And how were you able to ascertain that?

00:26:24We hold samples of paints of cars usually used in this country, and we found the paint that matched this

00:26:33particular paint.

00:26:33And this showed quite definitely that it came from a Mercedes 350SL?

00:26:37Yes, or of course a car repainted with this paint, that is possible.

00:26:41Yes, quite.

00:26:42Now, were there any further findings from this physical examination?

00:26:44I found minute traces of a particular commercial wax polish, and also traces of embedded stone dust and various pollen.

00:26:52And did you conduct any further analysis?

00:26:54Yes.

00:26:55Under spectroscopic analysis I found traces of lead and sulphur, consistent with the paint having been exposed to the atmosphere

00:27:01for approximately one year.

00:27:04And later were you brought a Mercedes car model 350SL registration number BUR2L by the police?

00:27:09I was.

00:27:10Yes.

00:27:10And did you conduct a similar examination of its paint?

00:27:13I took samples from a recently repainted portion of the near side wing, and also from an untouched portion of

00:27:19the car.

00:27:19Now, the paint from the newly painted portion differed significantly, showing of course no pollutants.

00:27:26That from the original paint matched exactly the sample from the bicycle, and was polished with the same brand of

00:27:34commercial wax.

00:27:34And what did you conclude from this?

00:27:36That the paint from the bicycle could well have come from this particular car.

00:27:40Thank you, Dr. Roberts.

00:27:44Dr. Roberts, you said that the paint found on the bicycle could well have come from the car that was

00:27:49brought to you.

00:27:50Oh, that is so.

00:27:51Now, this particular car was imported into this country in August 1972, and that of course would tally, would it

00:27:56not, with the pollutants found in it?

00:27:58It would.

00:27:59Are you aware how many cars of this model and colour were imported into this country between January and October

00:28:0472?

00:28:05No, I'm not.

00:28:07Would you be surprised to learn that it was over 200?

00:28:10No, it's a very popular car, with those who can afford it.

00:28:13And these cars would show broadly the same deterioration in their paint from atmospheric attack and so on?

00:28:19It would vary from region to region, but broadly, yes.

00:28:23And are you aware that this commercial wax is specifically recommended by the makers of this car?

00:28:29Yes, so I understand.

00:28:30Therefore, would it not be equally accurate and less misleading to say that the paint you found on the bicycle

00:28:35could well have come from any one of 200 cars?

00:28:40My statement was entirely accurate. It is unscientific to confuse possibility with probability.

00:28:48Now, Mr Burnett will state, and the police witness has already quoted him as saying, that the damage to his

00:28:53near side wing that necessitated the repainting of the car was caused by a slight collision with his son's car.

00:29:00Yes, sir, I believe.

00:29:01Now, did you examine this particular car, the MG, belonging to Mr Burnett's son?

00:29:05Yes, I did. It was also brought to me by the police.

00:29:08And would you describe what you found, please?

00:29:10On the edge of the driver's door, I found traces of metallic green paint of the type used on the

00:29:15Mercedes-Benz Model 350 SL.

00:29:17And did you subject this to analysis?

00:29:19I did.

00:29:20And what did you find?

00:29:21That it could have come from any one of, I think you said, 200 similar examples of this particular car.

00:29:29But, as a high probability, it came from the one owned by Mr Burnett.

00:29:34Thank you, Dr Roberts. No further questions?

00:29:37I have no further questions.

00:29:38You may stand down.

00:29:39My lord, that concludes my examination of witnesses for the prosecution.

00:29:43In that case, my lord, I should like to call the accused, Mr Henry Burnett.

00:29:48I shall give you the truth, the whole truth, and nothing but the truth.

00:29:52You are Henry Burnett of the Glebe, Paley, and the county of Fullshire?

00:29:56Yes, I am.

00:29:56Are you married, Mr Burnett?

00:29:58Yes.

00:29:58I believe you have two children.

00:29:59Yes, my son Neville and my daughter Leslie.

00:30:01And what age are you?

00:30:02I'm 45.

00:30:03What is your occupation?

00:30:05Well, that's a broad question.

00:30:07I'm director of a number of companies and I'm the principal shareholder and managing director of Burnett Components Limited.

00:30:13And what is that?

00:30:14It's a company producing a wide range of motor car accessories with a factory at Stepton, outside Fullchester.

00:30:19And I believe you have many other social interests as well.

00:30:22Well, yes, I have.

00:30:23I'm Vice President of the Fullchester Chamber of Commerce, Chairman of the Fullchester Rotary Club, and I'm also Chairman of

00:30:30the Fullchester Rugby Club.

00:30:32I'm also a prospective parliamentary candidate for Sowerby.

00:30:35And aside from your professional interests in cars, I understand that you are a keen motorist as well.

00:30:41Yes, I am.

00:30:42Cars and driving are my special hobby.

00:30:44How long have you been driving?

00:30:46Oh, more than 25 years.

00:30:47And except for the two speeding prosecutions that I've already cited, with a completely clean record.

00:30:52Yes, and may I see here that I consider that those prosecutions were brought deliberately, in a deliberate campaign of

00:30:59harassment.

00:30:59And I believe that during your motoring career, you have also owned a large number of cars.

00:31:0535. At the present, I have just the two, personally, that is.

00:31:09One of them being the Mercedes 350 SL.

00:31:11Yes.

00:31:12And you take great pride in your cars and in your motoring skill.

00:31:16Yes, I do. Very much so.

00:31:18Now, Mr. Burnett, I'd like you to give your own account of your movements on the evening and night of

00:31:23June 14th, 1973, please.

00:31:26Well, I left my home in the Mercedes at about 8 o'clock.

00:31:29Now, I beg your pardon, could you start a little earlier than that?

00:31:31From the time you left your office at the factory, sir?

00:31:34Well, I was using the rolls at that time.

00:31:37I left my office all shortly after 6, taking with me my secretary, Mrs. Emberton.

00:31:43Now, I should say, my wife was away in Davos with our daughter.

00:31:46That is, Davos in Switzerland?

00:31:47Yes, she'd gone there ahead.

00:31:49And I was to join her at the villa on Saturday.

00:31:51This was Thursday, you see.

00:31:53So I wanted to clear up my business.

00:31:55So I was to have time for packing on the Friday.

00:31:57So I asked Mrs. Emberton if she'd come home with me with some papers and have a working supper.

00:32:03What time did you arrive at home?

00:32:05Well, we arrived at my home at about 6.30.

00:32:08Went into the kitchen, had a drink and a bite to eat.

00:32:11As I say, we'd planned a working supper.

00:32:13I discovered some important documents were missing.

00:32:17Then I remembered I'd given them to a Mr. Danville.

00:32:19Now, he's one of my directors.

00:32:21I knew his wife wasn't well.

00:32:23I didn't want to drag him all the way over to my place, so I telephoned him.

00:32:26And I suggested that we come over to him at about 8.30.

00:32:29Now, he lives at Ash Green.

00:32:31That's a run of about 35 minutes.

00:32:33It was a nice warm evening, so I thought, well, we might as well go over in the open car.

00:32:36So I went outside and took the Mercedes out of the garage, got the hood down.

00:32:41I left it in the driveway and went back into the house.

00:32:44Now, a few moments later, just as we were about to leave, I heard my son's car driving in.

00:32:50And then I heard a bang, so I dashed out.

00:32:53I saw that he'd stopped his car right by mine, facing the same way he'd thrown open the door

00:32:58and he'd hit my near-side wing with the edge, making a dent, damaging the paintwork just behind the headlamp.

00:33:05I mean, it was a bloody careless thing to do.

00:33:07I'm sorry, I beg your pardon, the Lord.

00:33:11Your son, I take it, is not such a careful driver as yourself, then?

00:33:14No, he is not.

00:33:16And I've often blown him up about it.

00:33:17Sir, was this careless act by your son that caused the damage to your Mercedes that we've heard so much

00:33:21about?

00:33:22Yes, it was.

00:33:22And none other?

00:33:24There was no subsequent collision before you put the matter into repair the following morning?

00:33:28No, none.

00:33:30Very well.

00:33:31Would you please continue with your account?

00:33:33Well, I thought of changing back to the roles because...

00:33:36Well, I have a thing about driving a damaged car.

00:33:39A thing?

00:33:40I mean, I dislike it, my lord, to the point where some people have even joked about it.

00:33:44A personal quirk?

00:33:46Well, that would describe it very well, my lord.

00:33:49Hmm.

00:33:50Yeah, mister.

00:33:51Please go on, Mr Burnett.

00:33:53Well, by this time...

00:33:54First, excuse me, I'm sorry.

00:33:56Would you please hold up exhibit two?

00:34:02Now, were you wearing this coat, Mr Burnett?

00:34:04No, not at that time.

00:34:05I put it on later.

00:34:07I keep it in the car.

00:34:09Please go on.

00:34:11It was then about eight o'clock, and I didn't want to keep Mrs Emerton out late, so we went

00:34:17off in the Mercedes.

00:34:18Now, I must admit, I did put a bit of speed on.

00:34:21That must have been where the police saw me on the way to Ash Green, doing all of seventy-six

00:34:25miles an hour.

00:34:27And that would have been on the A-135?

00:34:29Yes, you get on it a few miles south of Paley.

00:34:31I arrived at Mr Danneville's house at about twenty to nine, spent about three quarters of an hour there,

00:34:35and then about twenty past nine, I set off to take Mrs Emerton home.

00:34:41You say about twenty past nine. Could you be more exact than that, please?

00:34:45Well, it might have been twenty-five past nine, but certainly not later.

00:34:49Now, did Mr Danneville see the car?

00:34:52Oh, yes. He saw me on.

00:34:54Oh, I see what you mean. Yes, he did, yes.

00:34:55As a matter of fact, as I was closing the door, he said,

00:34:58I say, you'll have to abandon this, won't you, or something like that?

00:35:01Pointing to the damaged wing.

00:35:03Well, this was a joke, I presume?

00:35:05Yes, my lord. He was playing with my quirk.

00:35:08Oh, there's an old chestnut about the man who owned the rolls

00:35:10and said he was going to abandon it because the ashtrays were full.

00:35:14I see.

00:35:15So, Mr Danneville noticed the car without your having to draw attention to it.

00:35:20Yes, he did.

00:35:21Please carry on.

00:35:23Well, I arrived at Mrs Emerton's house just before ten o'clock.

00:35:26She lives at Cosley.

00:35:28We went in, I had a cup of tea and a chat.

00:35:31Mr Emerton had just got back from London, a few minutes before we arrived, in fact.

00:35:35Then I noticed the time. It was 10.30.

00:35:38You're quite certain.

00:35:40You're quite certain of that. It was 10.30 when you left the emittance.

00:35:43Yes, I am. Quite certain.

00:35:45So, you took the road again at 10.30, exactly at the time, in fact,

00:35:49that Mr Driscoll witnessed the accident in Bottom Lane,

00:35:52which, as we know, is all of, what, 15 miles away?

00:35:55That's right.

00:35:56Now, what route did you take home, Mr Burnett?

00:35:58I took the A67, turning left at Wells Corner, then left again to Paley.

00:36:04And not by the shorter route via Bottom Lane and Five Mile Lane?

00:36:08Not at that time of night. It's much easier by the main roads.

00:36:10But you do know the Bottom Lane route well.

00:36:12Yes, sir. I know it very well. That's why I didn't take it.

00:36:15Now, what time did you arrive back home?

00:36:18At about 10 past 11.

00:36:20My son was still up. We had a joke about the car.

00:36:23I made my peace with him, and then I went to bed.

00:36:26Now, you said about 10 past 11. Could you be more precise?

00:36:29Well, it takes 40 minutes to drive from Mrs Emerton's house.

00:36:33I mean, I've done it several times.

00:36:35My son was still up, as I say. I don't know if he noticed the time.

00:36:40Thank you, Mr Burnett. No further questions.

00:36:44Mr Burnett, on your own showing, you're a man of substance,

00:36:47of considerable public prominence.

00:36:49A conviction, whatever the sentence for causing death by dangerous driving,

00:36:53would be catastrophic for you.

00:36:54But it would be for anyone.

00:36:56Oh, but especially for you.

00:36:57For instance, it would put paid to your parliamentary ambitions.

00:37:01Rightly. If I was guilty, but I'm not.

00:37:03You would fight to prevent it by every means you have?

00:37:05Yes, I would, because I'm innocent.

00:37:07I suggest that almost every word you've just spoken on oath is a lie.

00:37:11And what is more, you've used your considerable influence

00:37:13to force others to lie on your behalf.

00:37:16I haven't forced you to say that lie, sir.

00:37:18You must not call counsel a liar, Mr Burnett.

00:37:21My lord, he called me one.

00:37:21The present circumstances give him that right.

00:37:24The jury will decide whether he is right or wrong.

00:37:28Thank you, my lord.

00:37:29And I thank you, my lord.

00:37:30You must not be impertinent, Mr Burnett.

00:37:33Mr Burnett, why were you so anxious to get your car repaired so quickly?

00:37:38Because I intended taking it abroad with me on the Saturday.

00:37:40But your ferry booking shows the date of the 23rd of June the following Saturday.

00:37:45Yes, well, if you know that, sir, you must also know that I cancelled it.

00:37:48Why?

00:37:50Because I decided to go earlier.

00:37:52And when was this?

00:37:53On the Thursday, the 14th.

00:37:54I telephoned my wife.

00:37:55I was missing her.

00:37:56So I decided to put my holidays forward by a week.

00:37:59That was why there was all the rush.

00:38:00Did you manage to change the ferry booking?

00:38:02No, I didn't bother.

00:38:04There was plenty of room at that time of year.

00:38:06You decided on this sudden change of plan because you were missing your wife?

00:38:10Yes, is that strange?

00:38:11Mr Burnett, on June the 10th of this year,

00:38:13did your wife commence divorce proceedings?

00:38:15My lord, I submit that that question is entirely admissible.

00:38:18It's totally irrelevant to the charge.

00:38:20My lord, the accused has said that the reason for his haste in having his car repaired so quickly

00:38:23was that he'd put his holiday forward a week,

00:38:25and the reason for that was that he loved his wife and was missing her.

00:38:29Now, my question is designed to show that this is completely untrue.

00:38:33The question is admissible.

00:38:37I put it to you again, Mr Burnett.

00:38:39Did your wife, on June the 10th, present you with a petition for divorce,

00:38:43in fact on the grounds of adultery?

00:38:48Yes.

00:38:49Yes.

00:39:03Now, Mr Burnett, to clarify the position, the petition was served on the 10th.

00:39:08And when did your wife and daughter leave for Switzerland?

00:39:11On the 6th.

00:39:12So that she caused the petition to be served while she was away?

00:39:15Yes.

00:39:16Would you say that implied a loving relationship?

00:39:19I wanted to talk to her, to see her, yes sir.

00:39:22I suggest you had no intention of joining your wife after you had cancelled your ferry booking.

00:39:26You can suggest what you like, sir.

00:39:28That you invented this desire to see her, to lend colour to your story about needing your car repaired so

00:39:32quickly.

00:39:34If you can think that, you can think anything.

00:39:37It's not what I think, Mr Burnett.

00:39:39It's up to the jury to form their own conclusions.

00:39:43No further questions.

00:39:45Mr Burnett, the prosecution has elicited, for what reason I shall leave the jury to judge,

00:39:50that your wife served a petition against you for divorce on the grounds of adultery.

00:39:55Now, has she any grounds for such a suit?

00:39:58No, none whatever.

00:40:00And has she since withdrawn those proceedings?

00:40:02Yes.

00:40:03And you're living together again?

00:40:04Yes, we are, thank God.

00:40:07Thank you, Mr Burnett.

00:40:08No further questions.

00:40:10The accused will return to the dock.

00:40:12Thank you, my lord.

00:40:14I'll call Mr Leonard Hooper, please.

00:40:18What work do you do there?

00:40:19I'm the foreman in charge of vehicle maintenance.

00:40:21And what exactly does that involve?

00:40:23Well, I keep all the company vans and cars in good order.

00:40:26Running and shining.

00:40:27Running and shining?

00:40:29Well, that's an expression we use.

00:40:30Whenever a van or a car is ready for the road, we say it's running and shining.

00:40:34Mr Burnett is very hot.

00:40:36He's very keen on having all the company vehicles looking very sharp.

00:40:38No dents or scratches.

00:40:40And the paint looking factory fresh.

00:40:42And at Burnett, you have all the means to keep your vehicles running and shining.

00:40:45Oh, yes.

00:40:46We're very well equipped with a panel and paint shop.

00:40:49Better equipped than some motor repair firms that do it for a living, you might say.

00:40:53Now, is it customary, that is part of your department's work, for you to attend to Mr Burnett's private cars?

00:40:59Yes.

00:41:00And the other directors.

00:41:01I wouldn't like them to go anywhere else.

00:41:02It would be a reflection.

00:41:03So, it's quite usual for Mr Burnett to ask you to do a repair job on one of his own

00:41:08cars.

00:41:08When it's necessary.

00:41:09But it's not very often.

00:41:10He's a very careful driver.

00:41:13Now, I want you to recall the morning of Friday, June the 15th of this year.

00:41:17Mr Burnett brought his Mercedes car to your repair shop.

00:41:20Yes, he did.

00:41:21Now, what time was this?

00:41:23Twenty to eight.

00:41:24Were you surprised to see him that early?

00:41:26Well, no.

00:41:26He was always in the office at half past seven and we start working the shop at eight o'clock.

00:41:31But you were there at 22.

00:41:32Well, I never like to be later than the boss.

00:41:34And there's always something to do.

00:41:36Now, what took place between you?

00:41:38Well, he drove in and he said, look then, what my son's done to my car.

00:41:43And I said, well, don't worry about that.

00:41:44I'll fix it so that you won't know it.

00:41:46And he said, can I have it by four o'clock?

00:41:48And I said, well, you can have it by noon as soon as the paint's dry.

00:41:52Would you describe the damage that you found, please?

00:41:55Well, it was just what you'd expected in view of what happened.

00:41:58There was a dent and a scratch about three inches long and the paint was broken just behind the near

00:42:02side headlamp.

00:42:03Well, luckily it was below the level of the trim and I didn't have to spray any higher than that.

00:42:08Were you surprised that he was bothered about what seemed to be such a trivial piece of damage?

00:42:11Well, not Mr Burnett.

00:42:13And you found no signs of other damage that could have been caused by another collision, say, at the same

00:42:18place?

00:42:19No. No, sir. It was just what I said.

00:42:21Thank you, Mr Hooper. No further questions.

00:42:24Mr Hooper, you've worked for Mr Burnett for 11 years and you clearly think a lot of him is an

00:42:28employer.

00:42:29Yes.

00:42:29And as a man too?

00:42:31Yes.

00:42:32Isn't it a fact that you owe him a lot personally?

00:42:35I don't know what you mean.

00:42:37Well, that's rather ungrateful, Mr Hooper.

00:42:40Didn't Mr Burnett in 1969 advance you a personal loan of £2,000?

00:42:45Yes.

00:42:46Why did you need it?

00:42:48Well, I had some expenses.

00:42:50Isn't it a fact, Mr Hooper, that your daughter suffers from kidney disease and is on dialysis?

00:42:56Yes.

00:42:57And that Mr Burnett advanced the money for the machine to be installed in your own home because the local

00:43:01hospital couldn't take her?

00:43:03Yes.

00:43:04Yes.

00:43:04And this really saved the life of your daughter.

00:43:06Yes, it did.

00:43:08So that in fact you owe Mr Burnett a great debt of obligation?

00:43:12Well, he was very good to us.

00:43:14I therefore put it to you that if he asked you to do him a special personal favour, you would

00:43:18have no hesitation in doing it.

00:43:20He never asked anything out of the way. He's not that kind of man.

00:43:24We shall see what kind of a man Mr Burnett is.

00:43:27Thank you. That is all.

00:43:29I have no further questions, my lord.

00:43:30You may stand down.

00:43:32I'd like to call Mr Neville Burnett, please.

00:43:35Mr Neville Burnett, living at the Glebe Paley and you are the son of the accused.

00:43:39Yes.

00:43:40How old are you, Mr Burnett?

00:43:41I'm twenty.

00:43:42Could you please speak up so the jury can hear you?

00:43:44I'm sorry, I'm twenty.

00:43:47Now what is your occupation?

00:43:48I'm an apprentice.

00:43:49At what trade?

00:43:50In my father's factory.

00:43:51I see.

00:43:52So you're going through the ropes, as it were.

00:43:54Yes.

00:43:55Now I want you to recall the events of the evening of June 14th.

00:43:58Can you account your own actions on that evening, say from seven o'clock onwards?

00:44:03I'd been to see a friend at Hickey.

00:44:05It's nearby and...

00:44:06This would be in your own car, would it?

00:44:07The MG?

00:44:08Yes.

00:44:09Go on, please.

00:44:10Well, I left there about quarter to eight and went straight home.

00:44:13My father's car was in the drive, his Mercedes.

00:44:16And I came up and stopped by it.

00:44:19And as I opened my car door, my hand slipped and the door banged against the murk.

00:44:23Now I should like you to describe this incident very carefully.

00:44:26Where exactly was the Mercedes?

00:44:29It was just in front of the garage.

00:44:31I came up on the left-hand side and stopped just a bit ahead and caught the Mercedes behind the

00:44:38headlamp.

00:44:39I see. Did you examine the damage?

00:44:40Yes, there was a scratch and a bit of a dent.

00:44:44What happened then?

00:44:45Well, then Dad came out.

00:44:47My father came out with Mrs Emberton and I showed him what had happened.

00:44:51And he wasn't exactly pleased with what he saw?

00:44:53No.

00:44:54What happened then?

00:44:56Well, then my father drove off in it with Mrs Emberton.

00:44:59And were you still up when he returned home that night?

00:45:01Yes.

00:45:02What time was that?

00:45:03Well, it was... I had the radio on and it was after the news.

00:45:07It was about quarter past.

00:45:08Yes.

00:45:09Quarter past eleven.

00:45:10It must have been.

00:45:11I heard my father garage the car and then he came into the kitchen.

00:45:14We had a chat and then he went to bed.

00:45:17And then I did.

00:45:18And did your father refer to the accident earlier in the day?

00:45:20Yes.

00:45:21He said he'd take it into Len.

00:45:23Len Hooper.

00:45:24And get him to fix it first thing in the morning.

00:45:27And did you see the car in the morning before he took it into repair?

00:45:30No, I wasn't up.

00:45:32Thank you, Mr Burnett.

00:45:35Mr Burnett, you say you are twenty?

00:45:38Yes.

00:45:39Last birthday or next?

00:45:40Well, next.

00:45:42In January.

00:45:43So you're really still nineteen?

00:45:44Yes.

00:45:45There's no crime in that, but this is a court of law and we have to be exact and tell

00:45:49the absolute truth.

00:45:50Do you understand?

00:45:51Yes.

00:45:53Now, you chose to enter your father's factory and, as it were, to follow in his footsteps.

00:45:57Yes.

00:45:58What school did you go to?

00:46:00To Emsworth.

00:46:02Well, that is a public school of a special sort, isn't it?

00:46:05I don't know what you mean.

00:46:06Oh, I think you do.

00:46:07And you really must speak up, Mr Burnett.

00:46:09I'm sorry.

00:46:11Isn't Emsworth a school for what might be politely called misfits in education?

00:46:16Boys who haven't done well in other schools?

00:46:18Some of them.

00:46:19Were you at a previous school?

00:46:20Yes.

00:46:21Where was this?

00:46:22At Harrow.

00:46:23Why did you leave?

00:46:24Well, you seem to know.

00:46:26Now, don't be impertinent.

00:46:28Wasn't it, in fact, because you weren't doing well there and it was suggested that you go to another school?

00:46:33Yes.

00:46:35Well, let's turn to Emsworth.

00:46:37Did you do well there?

00:46:38All right.

00:46:39Did you pass your A-levels?

00:46:41No.

00:46:42But you tried?

00:46:42Yes.

00:46:44How many times?

00:46:45Twice.

00:46:46And you failed?

00:46:47Yes.

00:46:48So that you couldn't go to a university?

00:46:50No.

00:46:51And as a last resort, your father put you into his factory?

00:46:56Wasn't that the case?

00:46:57Yes.

00:46:59So it wasn't your own choice?

00:47:01No.

00:47:02So that you lied when you said it was your own choice, you lied to the court.

00:47:05My lord, I do object to this bullying of the witness over such a trivial point.

00:47:08My lord, much of the case for the prosecution depends on the credibility of this witness.

00:47:12Mr. Burnett, you are a young man and in a position of difficulty.

00:47:18But you are on oath to tell the truth.

00:47:21You must answer precisely the questions that are put to you.

00:47:24You understand?

00:47:26Yes.

00:47:30Are you on good terms with your father?

00:47:33We get on all right.

00:47:35Would you say he was a dominating man?

00:47:37I suppose so.

00:47:38He dominates you.

00:47:39I...

00:47:39Are you frightened of your father?

00:47:41Well, no.

00:47:42Why don't you look at him?

00:47:43You haven't done so since you entered the court.

00:47:44Look at him now.

00:47:46I put it to you again.

00:47:48Are you frightened of your father?

00:47:49I...

00:47:50Well, no.

00:47:51But he is a dominating man.

00:47:52Yes, but...

00:47:53You've disappointed him, you've failed him and you're anxious to please him.

00:47:56Yes, but I...

00:47:56You say you came home and saw your father's Mercedes just outside the garage?

00:48:00Yes.

00:48:01Facing into it?

00:48:02Yes.

00:48:02Well, wasn't that an odd position to leave it?

00:48:04He was just going to drive off on it.

00:48:06Wouldn't he have turned it around to face down the drive?

00:48:07It was there.

00:48:09Why did you drive your car up to the garage?

00:48:12Because I wanted to put it in.

00:48:14Do you normally garage your car?

00:48:15No, but...

00:48:16How many cars does the garage hold?

00:48:17Well, three.

00:48:18Your father's two cars and your mother's?

00:48:20Yes.

00:48:20So there's no room for yours.

00:48:22No, but I...

00:48:22Then why did you drive it up to the garage?

00:48:24I thought there might be.

00:48:25I don't believe you drove it up to the garage at all.

00:48:26I did.

00:48:29You also said that on the night of the accident your father returned home at a quarter past eleven.

00:48:35Yes.

00:48:36I suggest that is what he told you to say.

00:48:38It's true.

00:48:38I suggest it is a lie and that he actually came home earlier and you are supporting his story

00:48:43because you're completely under his thumb, frightened of him, ready to lie to the court, purge yourself...

00:48:48It's true.

00:48:48...rather than face your father's anger because you're afraid of what he might do to you.

00:48:52You are lying, aren't you?

00:48:54No, I'm not.

00:48:55Why don't you tell the truth?

00:48:57I am.

00:48:59I am telling the truth.

00:49:16The case of the Queen against Burnett will be resumed tomorrow in the Crown Court.

00:49:30Mirror Emberton, please.

00:49:32Will I come this way, please?

00:49:33I am.

00:49:45I am.

00:49:47I am.

00:49:52I am.

00:50:08I am.

00:50:15I am.

00:50:19I am.

00:50:21I am.

00:50:23I am.

00:50:28I am.

00:50:30I am.

00:50:31I am.

00:50:32I am.

00:50:36I am.

00:50:41I am.

00:50:42I am.

00:50:46I am.

00:50:50I am.

00:51:04I am.

00:51:06I am.

00:51:07I am.

00:51:07I am very well paid, actually.

00:51:09So, we can say that you have a high regard for Mr. Burnett.

00:51:11Yes, I have.

00:51:13Now, Miss Emberton, on June 14th of this year, we're told that you were working in the office

00:51:18with Mr. Burnett until six o'clock. Could you go on from there, please?

00:51:23Well, Mr. Burnett had suddenly decided to go to his villa in Switzerland. That meant a lot

00:51:28of extra memos and letters to do. So, I said something like, if you want me to work half

00:51:35the night, you'll have to feed me as well. So, we took the unfinished work and went to

00:51:40his home and finished it there with sandwiches and a drink. Well, then Mr. Burnett found he

00:51:47wanted the draft balance sheet, but that was at Mr. Danville's. So, he telephoned him and

00:51:52said we'd be over later, which I didn't much like because that meant I'd be even later home.

00:51:58And I thought possibly my husband might come back that night. He was in London at some

00:52:04meeting or other. So, Mr. Burnett said we'd use the Mercedes because I needed the cobwebs

00:52:11blowing away and he went to get it out of the garage. And then he came back and I was

00:52:16ready and we went out together and found Neville had just come back and banged the door of

00:52:22his car into Mr. Burnett's car. Did you see the damage?

00:52:26Oh, yes. Definitely. It was dented and scratched by Neville's car.

00:52:31But you did not see the actual incident? No, my lord.

00:52:34Then you can only testify as to what you saw, not as to what caused the accident.

00:52:39Very well, my lord.

00:52:41What happened next, Mrs. Emerton?

00:52:43Well, there were a few words and then we left.

00:52:48We arrived at Mr. Danville's. We were there less than an hour.

00:52:53It would have been more, but I wanted to get home because of my husband.

00:52:57And indeed, when we did get to my home, I found my husband had come back.

00:53:00And what time did you arrive home?

00:53:02Well, it was ten or nearly. It takes about 25 minutes from Mr. Danville's.

00:53:08And then what?

00:53:10Well, I asked Mr. Burnett to come in and say hello to Jack.

00:53:14I see.

00:53:15Now, Mrs. Emerton, I'm sure you'll realise how important this is.

00:53:19How long did Mr. Burnett remain with you and your husband in your cottage that night?

00:53:25Well, I asked if he'd like a cup of tea and we had that and chatted.

00:53:30It was half past ten.

00:53:32You're quite sure of that? It was half past ten?

00:53:35Absolutely.

00:53:37Thank you, Mrs. Emerton. No further questions.

00:53:42You're very close to Mr. Burnett, aren't you, Mrs. Emerton?

00:53:45Well, yes, if you mean by that...

00:53:46I mean that you do things for him beyond what is normally required of a secretary.

00:53:51I'm paid for it.

00:53:53And what are you paid?

00:53:563,500 and bonuses.

00:53:58That is a good salary for a secretary.

00:54:00But as you imply, you're a good deal more.

00:54:02An amanuensis, a personal assistant, general handmaid.

00:54:06I don't know what you mean by that.

00:54:07I mean that you do a great deal for him.

00:54:09And he relies on you very greatly, not only in running his office,

00:54:12but generally smoothing things for him.

00:54:14Well, yes, I think that's true.

00:54:16And you obviously have a very high regard for him.

00:54:18Yes, I have.

00:54:20So that if he asked you to do something that was, shall we say, beyond the line of duty, and

00:54:25you could do it, you would?

00:54:28Yes.

00:54:29You told the court that when you left his house to go with him to Mr. Danville's, you saw a

00:54:33scratch on the front near side wing of Mr. Burnett's car.

00:54:35That is what I saw.

00:54:37I suggest you didn't.

00:54:38I suggest that the accused asked you to say this in support of his story.

00:54:42You can suggest what you like, but that is what I saw.

00:54:45I'm also going to suggest that when Mr. Burnett took you to your home, if he came in, it was

00:54:49only for a minute or two, and he left at once, and not after half an hour.

00:54:53Mr. Burnett did not leave the cottage until half past ten.

00:54:56You can ask my husband.

00:54:58Thank you for your advice, Mrs. Emerton.

00:55:01I intend to.

00:55:02No further questions?

00:55:03I have no further questions, my lord.

00:55:05You may stand down.

00:55:08I'd like to call Mr. Robert Danville, please.

00:55:13Robert George Winston Danville.

00:55:15And your address, Mr. Danville?

00:55:16Courthouse, Ash Green, Fulchester.

00:55:18And what is your relation to the accused, Mr. Burnett?

00:55:21I am a director of Burnett Components Limited, and associated with a number of his other interests.

00:55:26I'd like you to turn your memory to the evening of June 14th of this year, if you will.

00:55:31I believe that at or about 8.30 on that evening, Mr. Burnett paid a call on you.

00:55:36That is so.

00:55:37Can you recall the circumstances of this visit?

00:55:39Yes, I can.

00:55:40Actually, it was near a quarter to nine.

00:55:43He turned up in one of his very splendid cars with Villa.

00:55:46It is only necessary to give simple answers to the questions, Mr. Danville.

00:55:50I beg your lord's pardon.

00:55:52He turned up in his Mercedes with Vera, his personal assistant, Mrs. Emberton.

00:55:57Well, quite simply, we spent about half an hour discussing the business he came to see me about, and then

00:56:01they went off.

00:56:02You say about half an hour.

00:56:03Could you be more exact than that?

00:56:05Well, yes, I suppose in actual fact it was nearer three quarters.

00:56:07I remember I wanted to show them a couple of pictures I'd just bought, of which I was rather proud.

00:56:12Then Mrs. Emberton became restive, and I saw them both out at about 9.30.

00:56:17You saw them off personally, did you?

00:56:18Indeed I did.

00:56:19I hope I know my manners.

00:56:21Will you tell us what happened as you saw them off?

00:56:23Well, nothing in particular.

00:56:24They just went.

00:56:25I wished Henry and Mr. Burnett a pleasant holiday in Switzerland.

00:56:29You didn't notice anything?

00:56:30Oh, I see what you mean.

00:56:32Yes.

00:56:33Well, Henry got into the car, and I saw Mrs. Emberton into the passenger seat.

00:56:37As I shut the door and stood back, I noticed a slight scratch on the front wing.

00:56:41In fact, I made a joke about it, but I don't think he was too pleased.

00:56:46And then they drove off.

00:56:47Thank you, Mr. Danville.

00:56:51Mr. Danville, no one but you, and of course Mrs. Emberton and the accused actually saw the car,

00:56:57closely I mean, when it stood in the driveway of your house.

00:57:00Well, I can't count for prowlers, but yes, yes, that is the case.

00:57:04So we have only your word, and theirs, that there was this damage to the car at the time?

00:57:09Oh, quite.

00:57:10Merely our words.

00:57:12You have been associated with the accused in business for some time.

00:57:15Some ten years, and socially, of course.

00:57:17And how did this association come about?

00:57:19Well, I'm a banker.

00:57:21Mr. Burnett wanted some financial advice about the flotation of Burnett components as a public company, actually.

00:57:27And he consulted my bank, and I went on the new board as its representative.

00:57:31And what bank was this?

00:57:33Kerry and Wayne Limited.

00:57:34Of which you were a director?

00:57:35Yes.

00:57:36Are you still?

00:57:37No, I retired in 1970.

00:57:39But remained with Burnett components?

00:57:41Yes.

00:57:41Presumably in a different capacity?

00:57:43Well, yes, I look after all the financial matters.

00:57:47What is your salary as financial director?

00:57:50I presume that is the business of the court?

00:57:52You must answer the question, Mr. Danville.

00:57:55Eight and a half thousand a year.

00:57:56Do you have any other sources of income?

00:57:59I sell a picture from time to time.

00:58:00Or capital?

00:58:02I have a few shares in Burnett's, not many or less.

00:58:04So, in fact, you are dependent on your directorship of Burnett components for a living?

00:58:08Yes.

00:58:09But I do work for my money, you know.

00:58:11Quite hard.

00:58:12This question of your resignation from Keary Wayne.

00:58:16Yes, I thought we'd get on to that.

00:58:18Yes, we do get on to it, Mr. Danville.

00:58:19You didn't exactly resign, did you?

00:58:22Well, I did.

00:58:23Weren't you rather forced to?

00:58:25Not at all.

00:58:25My health wasn't too good, and I liked to pull my weight.

00:58:28Well, may I recall the circumstances?

00:58:30They were extremely public.

00:58:31Is it not a fact that in March 1970, you sold a block of shares you owned personally

00:58:36in a company called Martello Enterprises?

00:58:38Yes.

00:58:39And this company, Martello Enterprises, which was a client of your bank, went into liquidation

00:58:44the following week?

00:58:45Yes, but that sort of thing does happen.

00:58:47I was lucky to get out.

00:58:48And there was an inquiry by the Department for Trade and Industry, and you were accused

00:58:52of profiting from privileged inside information.

00:58:55Yes, but it was quite unclear.

00:58:56In selling your shares before they crashed.

00:58:58Yes, but I didn't know the situation was in Martello at the time.

00:59:00And so you said, under oath at the inquiry.

00:59:03But the commission decided you were lying.

00:59:05Yes.

00:59:06Well, it was conducted disgracefully.

00:59:08The chairman...

00:59:08Lying, Mr. Danville.

00:59:09They said you were a liar.

00:59:10Well, I wasn't.

00:59:12As a result of which, your fellow directors in the bank insisted on your resignation.

00:59:16Not at all.

00:59:17I left of my own free will.

00:59:18It's the kind of gesture that you have to make in the city.

00:59:21Nobody had really believed I was guilty.

00:59:23And this resignation left you entirely dependent on the goodwill of Mr. Burnett for a living?

00:59:28Well, he certainly didn't believe that I was a crook.

00:59:31No?

00:59:31Or was it that he found a compromised but able man useful to him in his many business affairs?

00:59:36Oh, nonsense.

00:59:37Money could get rid of at any time if he didn't do exactly what he was told.

00:59:40Come, come.

00:59:41Including committing perjury for him in this court.

00:59:43My lord, I do object.

00:59:44I'm not committing perjury.

00:59:47I saw the damage as I described it.

00:59:49It was there.

00:59:49Mr. Golding, you make a great point of this damage, this damage, alleged damage to the

00:59:54accused car caused by a son.

00:59:57You have striven to show that everyone who claims to have seen the damage before the

01:00:01death of Mr. Farrow to be lying.

01:00:03Yes, my lord.

01:00:04Is this necessary?

01:00:07Far be it from me to dictate or even influence your line of questioning.

01:00:10But could not both accidents have occurred in the order stated?

01:00:16This would not invalidate the prosecution's case.

01:00:19Oh, that is true, my lord.

01:00:20And it would save time going into the witnesses' backgrounds.

01:00:25As your lordship pleases.

01:00:26No further questions.

01:00:28Thank you, Mr. Emerton.

01:00:44I'm a teacher.

01:00:45What is your relation to the accused?

01:00:47Well, my wife works for him.

01:00:49She's his secretary.

01:00:51Now, I'd like you to turn your mind to the evening of June 14th of this year.

01:00:55Do you recall the evening?

01:00:56Yes.

01:00:57Now, we've been told that you had been on a visit to London and returned on that evening.

01:01:00Is that correct?

01:01:01Yes.

01:01:01Now, what time did you return?

01:01:04Er, ten to ten.

01:01:05Can you fix that, exactly?

01:01:07Well, I caught the 9.15 from Fulchester Central.

01:01:10It gets to Cosley at quarter two.

01:01:12The cottage is a five-minute walk.

01:01:15Now, would you describe in your own words what happened then?

01:01:18When?

01:01:19Well, from ten minutes to ten, the time of your arrival.

01:01:22Oh, I made myself some bread and cheese and some warm milk.

01:01:25I was doing that when my wife came in with Mr. Burnett.

01:01:28So that we can say that they arrived, what, three, five minutes after you'd had?

01:01:33Five minutes.

01:01:34Approximately five minutes to ten, then.

01:01:36What happened then?

01:01:38Er, my wife made some tea.

01:01:40We all had some and sat talking, and then he got up and left.

01:01:44How long did you sit talking?

01:01:46Half an hour.

01:01:47You were quite sure of that.

01:01:48It was a full half hour, was it?

01:01:49Oh, yes.

01:01:50The clock went.

01:01:51We have a climbing chalk in the kitchen.

01:01:53He looked at it and said something about,

01:01:55Good Lord, is that right?

01:01:56And looked at his watch.

01:01:58It was half past ten.

01:01:59And so he got up, said goodbye, and he went?

01:02:01Yes, in his car.

01:02:03Did you see him out?

01:02:04Er, no.

01:02:04No, my wife did.

01:02:05I was feeling tired.

01:02:07So you didn't actually see his car?

01:02:08No.

01:02:09Thank you, Mr. Emberton.

01:02:13Mr. Emberton, you say you've just returned from London?

01:02:17Er, yes.

01:02:17Would you tell us more about this visit to London?

01:02:19What was its purpose?

01:02:20How long were you away?

01:02:21It was a congress.

01:02:23Of what?

01:02:23The Swami Ananda Guru.

01:02:25I'm sorry?

01:02:26The Science of Divine Light.

01:02:28It was a three-day congress.

01:02:30I'm afraid we're not all acquainted with this divine light, did you say?

01:02:34Er, is this a new religion?

01:02:36It's the only religion.

01:02:37The Guru is the present incarnation of Christ.

01:02:40I see.

01:02:42And you are an adherent of this movement?

01:02:44Yes.

01:02:45Now, this congress, you say, lasted three days.

01:02:48That's Monday to Wednesday.

01:02:49No, Tuesday to Thursday.

01:02:51Oh, er, I came back a day early,

01:02:53when I got the chance of a lift back to Fulchester.

01:02:55Oh, so that your return a day early was unexpected?

01:02:58By your wife, I mean.

01:03:00Yes, I suppose, sir.

01:03:02But your wife has said, Mr. Emberton, that she was expecting it.

01:03:04If I may, my lord.

01:03:05Mrs. Emberton said she, er,

01:03:08she thought her husband might possibly come back that night.

01:03:10I have a note here to that.

01:03:11Yes, I have a note.

01:03:13I thought possibly my husband might come home that night.

01:03:17Thank you, my lord.

01:03:19So your wife was, shall we say, half-surprised to see you that night?

01:03:22Yes.

01:03:23And what time did you arrive in Fulchester?

01:03:26Er, 9.15.

01:03:26I just caught the bus as it was leaving.

01:03:28And this brought you to Cosley at quarter to ten,

01:03:31and from there you say you had a five-minute walk?

01:03:33Yes.

01:03:34You live in a cottage just outside Cosley, I believe?

01:03:36Yes.

01:03:37Did you loiter on the way, go into a pub?

01:03:40No, I don't drink.

01:03:42Very well.

01:03:43And a very few moments after you got home, your wife arrived with Mr. Burnett?

01:03:47Yes.

01:03:48And you tell us that he then stayed half an hour, no, 35 minutes before leaving?

01:03:52Yes.

01:03:53You realise the significance of this point, Mr. Emberton?

01:03:56Oh, yes.

01:03:56It means he claims he was still with you at the time when, we assert,

01:03:59he was driving his car down Bottom Lane some 15 miles away

01:04:03and killed a cyclist by running him down?

01:04:05Yes.

01:04:06And only you and your wife are able to corroborate that statement,

01:04:08that he was still and didn't leave your cottage until 10.30?

01:04:12I suppose so.

01:04:14Oh, it is so, Mr. Emberton.

01:04:16And I'm going to suggest to you that you are both lying.

01:04:19I suggest that Mr. Burnett, the accused, merely came into your cottage for a moment or two

01:04:23and had a word with you and left no more than five minutes after he had arrived.

01:04:26No, he did not.

01:04:27And I suggest furthermore that you are supporting his story and your wife's

01:04:31because it is very much in your interest to do so.

01:04:35You say you are a painter and an art teacher.

01:04:38Yes.

01:04:39And where do you teach?

01:04:41Well, I used to teach at the Fulchester Secondary School.

01:04:43Used to?

01:04:45Well, I work mainly at home now on my own painting.

01:04:48Is it a lucrative occupation?

01:04:52Not yet.

01:04:54So, in fact, you are dependent on your wife's salary?

01:04:57Yes.

01:04:59Well, I put it to you then, it was very much in your interest to support Mr. Burnett's story

01:05:02of his being with you in your cottage until 10.30 on the night of June the 14th.

01:05:06No.

01:05:07It was not in your interest?

01:05:10It was true what I said.

01:05:13You say you are a member of this new religion, the science of divine light?

01:05:17Yes.

01:05:18A devout adherent?

01:05:19It's what I believe in.

01:05:21I imagine, like most religions, it encourages the telling of the truth.

01:05:24It is the truth.

01:05:25And you would not be fit to belong to it if you were told a lie.

01:05:28No, I...

01:05:28You would not be worthy of communion with your guru, your new Christ, if you were a liar.

01:05:33It's the truth.

01:05:36I beg your pardon, my lord.

01:05:42Mr. Emberton, I'd like to take you back for a moment in your evidence.

01:05:45You say you got a lift back from London that put you down at the Fullchester Central bus station at

01:05:509.15.

01:05:51Yes.

01:05:52And you then caught the 9.15 bus out of Fullchester to Cosley?

01:05:56Yes.

01:05:58Would anyone have noticed you on this bus?

01:05:59The conductor or other passengers?

01:06:01Oh, I don't know.

01:06:03No.

01:06:04You say you weren't noticed?

01:06:05No.

01:06:06That is hardly surprising, because no 9.15 bus left Fullchester that night for Cosley.

01:06:12My lord, I would like to put this newspaper up as an exhibit.

01:06:15It is a copy of the Fullchester Gazette, dated Friday, June the 15th, 1973.

01:06:19And it contains a short paragraph, which, with your permission, I'll read to the jury.

01:06:23It is headed, Religion Stops Bus.

01:06:27A quarrel between the conductor and passenger at Fullchester Central bus station last night ended with 30 passengers being deprived

01:06:33of the 9.15 bus to Amthorpe.

01:06:36The conductor, a Sikh, alleged that a passenger called him a dirty heathen in a towel.

01:06:41The conductor and driver refused to take out the bus until the passenger apologised,

01:06:45and the passenger, whose name was given as Mr. Patrick O'Healy, refused and knocked off the conductor's turban.

01:06:52The stranded passengers had to wait until the next bus, at 9.45, in order to get to their homes.

01:06:58A strong protest is being made by the local representative, Fullchester Anti-Racial, etc., etc.

01:07:03Let that be exhibit three, Mr. Gulling.

01:07:06My lord.

01:07:08Mr. Emberton, we have it then that you could not have been on the 9.15, because there was no

01:07:13such bus.

01:07:15So that was a clear lie, was it not?

01:07:19Well...

01:07:19Was it a lie?

01:07:26Yes.

01:07:27Which bus did you take? The one before it?

01:07:33No.

01:07:34Well, there were only two more after the 9.15, that is the 9.45, and the 10.15, which

01:07:38is the last bus.

01:07:40Was it the 9.45?

01:07:44No, the 10.15.

01:07:46So you could not have arrived at your cottage until 10 to 11, isn't that so?

01:07:51No.

01:07:52By which time the accused, Mr. Burnett, had already left, hadn't he?

01:07:55Mr. Burnett had already gone, isn't that so?

01:07:59No, he was there all right.

01:08:01And so was she, and not in the downstairs room either.

01:08:06Oh, God, they are not going to make me into a liar.

01:08:13Not that, too.

01:08:17Oh, the dirty person.

01:08:19He's lying, my lord.

01:08:20The accused will be silent.

01:08:23I have no further questions.

01:08:25Mr. Dealey, do you wish further to examine your witness?

01:08:30My lord, in the circumstances, I think nothing will be gained by further questioning of this witness.

01:08:34But I should like your lordship's permission to recall the accused.

01:08:39Yes, I will grant that.

01:08:41Mr. Emerton,

01:08:44before dismissing you, I must remind you that you have, on your own confession,

01:08:49lied in this court on oath.

01:08:52You have committed perjury.

01:08:55And I must warn you that proceedings may be taken against you in that regard.

01:09:01You may go.

01:09:05Mr. Burnett, will you return to the witness box, please?

01:09:22I will remind you, Mr. Burnett, that you are still under oath.

01:09:27Yes, ma'am.

01:09:30You stated in your evidence, Mr. Burnett, that you arrived with Mrs. Emerton at her cottage some minutes before 10pm,

01:09:36and found Mr. Emerton already there.

01:09:38Yes, I'd like to explain about-

01:09:38You heard evidence from Mr. Emerton which showed that he could not have been there when you said.

01:09:44Yes.

01:09:45Your statement then was untrue.

01:09:48Yes.

01:09:49Then why did you make it?

01:09:51My lord, if you only knew what I was going through, this was a-

01:09:54Address the jury.

01:09:56Yes, my lord.

01:09:58I was being victimised.

01:10:01I'm innocent, but the police had-

01:10:03They concocted this vile conspiracy against me.

01:10:05I agree, I-

01:10:07Yes, I lost my head.

01:10:09And I'm sorry.

01:10:12I asked Emerton to support his wife's statement, and he agreed, that's all.

01:10:18Everything else I've said here is true.

01:10:21You have also heard Mr. Emerton say that when he did arrive home, at nearly eleven o'clock, he found

01:10:27you still at the cottage.

01:10:28Yes.

01:10:29Now is that true?

01:10:30No, it is not true. The man's ill. He's jealous of his wife, of me, of-

01:10:33You do appreciate that if you accept Mr. Emerton's story, then they must exonerate you from being responsible for the

01:10:40death of Mr. Farrow.

01:10:41I am fully aware of that, but it's not true.

01:10:46I left the Emerton house when I said, at ten-thirty, and I went home. I was not involved in

01:10:52any accident.

01:10:53Now is that the truth?

01:10:55Yes.

01:10:56Yes.

01:10:58Thank you, Mr. Burnett. And as all?

01:11:01Do you wish to re-examine, Mr. Gulling?

01:11:03No, my lord.

01:11:05You may return to the dock.

01:11:15Members of the jury, both the prosecution and defence counsels have rightly dwelt exclusively on the one piece of direct

01:11:24evidence offered in this case,

01:11:26that of Mr. Driscoll, who identified the driver of the car as the accused, and the car as the car

01:11:35that caused the death of Mr. Farrow.

01:11:38Is he or is he not a reliable witness?

01:11:42The charge stands or falls on this.

01:11:44You have heard him give evidence.

01:11:47You have seen his first very positive assertions, somewhat qualified by cross-examination.

01:11:54Of his sincerity, I imagine you can have no doubt.

01:11:58Of his sureness of observation, you must judge.

01:12:04And if you have any doubts, they must be to the benefit of the accused.

01:12:09Well, having said that, I shall now turn to a matter that must be uppermost in your minds.

01:12:16The witness, Emberton, has stated under cross-examination that the accused was in his house, his cottage, at 11pm on

01:12:27the evening in question.

01:12:29This, if true, would completely exonerate the accused.

01:12:36Why then did he not seize upon this statement, accept it?

01:12:40Was it because, as he says, it was not true?

01:12:45Or was it because, if he accepted it, he would be laying himself open to another charge, not pursuable in

01:12:52criminal law, but almost equally ruinous to his reputation?

01:12:58The accused has freely committed perjury in another area.

01:13:04Is he perhaps doing so again, preferring to rest on a precarious alibi rather than on one which is true

01:13:13but uncomfortable?

01:13:18You will retire and consider your verdict.

01:13:21All stand.

01:13:25The accused will remain standing.

01:13:29Members of the jury, will your foreman please stand?

01:13:32Just to answer this question, yes or no, have you reached a verdict upon which you are all agreed?

01:13:37Yes.

01:13:38Do you find the accused, Henry Burnett, guilty or not guilty?

01:13:41Guilty.

01:13:42Is that the verdict of you all?

01:13:43Yes.

01:13:45Have you prepared a record?

01:13:50Next week, a chance for you to join another jury in assessing the facts when our cameras return to the

01:13:56Crown Court.

01:14:15… Perdue the jury graduates be Rockville, who made it with one пример,is the law Faz….

01:14:19….

01:14:20You

Crown Court - Hit and Miss (1973)

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