- 2 days ago
Lola Martin is on trial, accused of persistently importuning for immoral purposes and striking Jeffrey Lent. The case is made more unusual as Lola Martin is a transvestite and gay man, and Lent is an undercover police officer who says he was trying to catch drug dealers in the club where the incidents occurred.
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00:00:22At that point, the accused re-emerged from the ladies' toilet and again smiled at me.
00:00:27I half smiled back, and then the next thing I knew was that I was being kissed.
00:00:33And the accused said, why don't you come back to my place, we can have a lot of fun.
00:00:37In today's trial of the Queen against Lola Martin, the jury has been selected from members of the public,
00:00:42whose names appear on the electoral register and who are eligible for jury service.
00:00:46And what happened then, Sergeant Lenton?
00:00:49Well, I said to him, what's your name?
00:00:51And he said Lola, Lola Martin.
00:00:54I did. I produced my police identification and advised him that I was arresting him for soliciting.
00:01:00I took hold of his arm, and then to my astonishment, he hit me. Whacked me right in the chin.
00:01:06Just one moment, Sergeant. Was there any particular reason for your astonishment?
00:01:11Yes, ma'am. Up until that second, I'd thought that I was arresting a woman.
00:01:15But no woman could punch like that.
00:01:17Well, apart from the fact that Martin had just emerged from the ladies' toilet, what caused you to think you
00:01:23were arresting a woman?
00:01:25His clothes, wig, everything. He was dressed as a woman.
00:01:29You were telling my lord and the jury about when the accused hit you. What happened after that?
00:01:35Well, I grabbed him again, and we struggled out into the main bar of the club.
00:01:38Detective Sergeant Wilson came to my aid, and we hustled Martin outside and into a police car.
00:01:43He was taken immediately to Fulchester Central Police Station, and a short while later charged with persistently importuning for an
00:01:50immoral purpose.
00:01:51I also charged him with assaulting a police officer in the execution of his duty.
00:01:55The two charges that bring us here today, did the accused say anything when he was charged?
00:02:01Yes, he did. May I consult my notebook, my lord?
00:02:05Were those notes made at the time he was charged?
00:02:07Yes, my lord.
00:02:08You may refer to them, then.
00:02:10Thank you, my lord.
00:02:12After I had charged him with importuning, he said,
00:02:16Girls will be boys, and boys will be girls.
00:02:19It's a mixed up, muddled up, shook up world except for Lola.
00:02:23Sergeant Lent, this club where you were arrested, the accused, Verities, I believe it's called.
00:02:29Yes, my lord.
00:02:29Would I be right in assuming it is, amongst other things, a drinking club?
00:02:33Yes, it is.
00:02:34Had the accused been drinking?
00:02:36No, my lord. I gather he does not drink alcohol.
00:02:39I see.
00:02:41Would you repeat the remarks he made after he'd been charged with importuning?
00:02:47Girls will be boys.
00:02:48Boys.
00:02:49Boys will be girls.
00:02:51Girls.
00:02:51It's a mixed up, muddled up, shook up world.
00:02:55Shook up world.
00:02:56Except for Lola.
00:02:58Except for Lola, my lord.
00:03:02I cannot find the medical report on him.
00:03:06If I might offer some assistance, my lord.
00:03:08I'd be grateful for assistance from any quarter, Mr. Lee.
00:03:11Well, the words quoted by the detective sergeant, which we accept as having been uttered,
00:03:15although they do not form part of any official statement by my client,
00:03:19these words form part of a popular song of a few years ago.
00:03:23The song is entitled Lola.
00:03:25More particularly, my client has been known by the name of Lola Martin for nearly ten years.
00:03:29If my learned friend has no objection,
00:03:32I will not wait until I examine this witness before offering, as an exhibit,
00:03:36copies of the sheet music of this song.
00:03:37Mrs. Forrest?
00:03:38I have no objection.
00:03:39No, this will become exhibit number seven.
00:03:43Would you give the witness a copy, please?
00:03:46No.
00:03:49I think my learned friend will find what she's looking for on page seven, my lord.
00:03:53I'm obliged, Mr. Lee.
00:03:55The song is called Lola, by the Kinks.
00:03:59Ah, yes, here we are.
00:04:01Those are the words on page seven that the accused uttered, sergeant.
00:04:05Yes, ma'am.
00:04:05Mr. Lee.
00:04:07Yes, my lord.
00:04:07The sex of your client is male, is it not?
00:04:11Yes, male, my lord.
00:04:13And who or what are the Kinks?
00:04:16The group, my lord, who originally recorded Lola.
00:04:20The words and the music were written by a member of the group.
00:04:23Yes, I see.
00:04:24Thank you, Mr. Lee.
00:04:24Continue, Mrs. Forrest.
00:04:27Did the accused say anything else after he had been charged with a first offence?
00:04:31No, but he kept blowing me kisses.
00:04:35He did what?
00:04:35Well, he kept blowing me kisses, my lord.
00:04:39How exactly did he do that?
00:04:45Like that, my lord.
00:04:46Thank you, sergeant.
00:04:48Did he make any written statement?
00:04:50No, he didn't.
00:04:51And was he a short while later charged with a second offence?
00:04:55That of assaulting you?
00:04:56Yes, he was.
00:04:58He made no comment and declined to make any written statement.
00:05:01Thank you very much, sergeant.
00:05:05You were not, of course, in uniform at the time of the alleged offences, were you, sergeant?
00:05:09No, sir.
00:05:10I was in plain clothes.
00:05:11On duty?
00:05:12Yes.
00:05:13Prior to the commencement of this trial, I requested that you attend with the clothes that you were wearing that
00:05:18evening.
00:05:18Do you have them with you?
00:05:20Yes.
00:05:21Here they are.
00:05:22I assume that you wish to examine them.
00:05:23You assume incorrectly, sergeant.
00:05:25I want you to go and put them on.
00:05:26Milad.
00:05:27Yes, just a moment, Mrs. Foist.
00:05:28Mr. Lee, why do you wish to see the sergeant in those clothes?
00:05:32I want the jury to see him in those clothes, my lord.
00:05:35They form a crucial part of the defence.
00:05:36I want the jury to see exactly what confronted my client when he stepped out of the toilet and made
00:05:41his way back to the bar.
00:05:42I would also request that the witness be asked to rearrange his hair so that it conforms with his appearance
00:05:47on the night of the alleged offences.
00:05:49Do you have any objections, Mrs. Foist?
00:05:51Yes, Milad.
00:05:52I most certainly do.
00:05:53First, on consideration, Milad, I withdraw my objections.
00:05:59Well, that overcomes that, Harold.
00:06:00Well, sergeant, if you would be so kind to retire and put on those clothes...
00:06:04And adjust the hair, my lord.
00:06:06You're being a little previous, Mr. Lee.
00:06:08I was coming to that.
00:06:09And adjust your hair.
00:06:12I will take a short adjournment.
00:06:18Would you mind explaining to my lord and the jury exactly why you were dressed in that manner on the
00:06:23night of the alleged offences?
00:06:25At that time, I was on secondment to the CID Division of Forchester.
00:06:30On the night in question, I was keeping surveillance with Detective Sergeant Wilson of the CID on the Verity Club.
00:06:36Was Detective Sergeant Wilson similarly attired?
00:06:39Yes, he was.
00:06:41Sergeant, exactly why were you and your colleague in that club on that particular night?
00:06:46Milad, the reason that the two officers were in that particular club on that particular night has nothing to do
00:06:52with the case.
00:06:53I can assure the court it had nothing to do with the accused.
00:06:56They were involved in investigations into quite another matter.
00:06:59If details of those investigations are made public at this time, it might seriously jeopardise those investigations.
00:07:06Do you hear me on this, my lord?
00:07:07Certainly, Mr. Lee.
00:07:08I submit that the jury should hear why these two policemen were in that club.
00:07:12I further submit that, as far as my client is concerned, these two policemen, particularly this witness here, were acting
00:07:18as agents provocateurs and that their aim was to entrap homosexuals.
00:07:22I think we should continue this discussion without the jury being present.
00:07:26I feel that several points of law are looming over the horizon.
00:07:30Are you agreeable to that course of action?
00:07:32Yes.
00:07:32Yes, my lord.
00:07:34Ladies and gentlemen of the jury, there are several points of law that I wish to discuss with counsel.
00:07:40That will give you slightly longer for lunch.
00:07:42We shall be sitting again at two o'clock, but I must ask you not to re-enter the court
00:07:46until you're summoned by the usher.
00:07:48The court will rise.
00:07:52Now, Mrs. Forrest, why shouldn't the witness tell the court exactly what he was doing in this club on that
00:07:58particular night?
00:07:59My lord, he was at the time in question working with the drug squad.
00:08:04Information had been received that a large consignment of cannabis was going to change hands that night in the club.
00:08:09Because of the furore that accompanied Martin's arrest, the drug surveillance was called off.
00:08:14I understand the drug squad believed the exchange may still take place.
00:08:19If details of the squad's activities are made public at this time, they may well lose the opportunity of apprehending
00:08:25a drug ring.
00:08:26I note that you've already asked for and been granted three adjournments of this trial.
00:08:32Were those adjournments asked for because of the drug squad's activities?
00:08:34Yes, my lord.
00:08:35And despite those lengthy adjournments, no drug peddlers have been apprehended in this verity's club?
00:08:42That is correct, Milo.
00:08:44In that case, I feel the witness should advise the jury why he was in that club.
00:08:48It's been said many times before, but it can't be said too frequently.
00:08:51Justice must not only be done, it must be seen to be done.
00:08:55We don't want any hole-and-corner aspects.
00:08:59Now then, Mr. Lee, what's this about agent provocateur?
00:09:03My lord, I know nothing of drug peddlers operating at Verity's club, but one of the keystones to my defence
00:09:08is that these two police officers went to the club with the express purpose of entrapping homosexuals.
00:09:13I submit that this is why they were dressed in that manner.
00:09:15I further submit that Detective Sergeant Lent deliberately provoked my client into breaking the law.
00:09:20Milad, the defence of entrapment does not pertain in this country.
00:09:25And further, the Court of Appeal clearly considered in the Queen against Mealy and Sheridan that if a crime was
00:09:31brought about by someone who could be described as an agent provocateur, it might affect sentence.
00:09:36But it did not affect the question of guilty or not guilty.
00:09:40There have been rulings since 1974 that drastically affect that ruling, my lord.
00:09:45The Queen versus Amir and Lucas, July 1976, is the most recent, and there are a number of others that
00:09:53I can cite.
00:09:54Thank you, Mr. Lee. I came prepared. I am aware of the modifications of the Court of Appeal's ruling.
00:10:00It seems to me, Mrs. Forrest, that with regard to the role of alleged agent provocateur, each case should be
00:10:06judged on its own particular merits.
00:10:08That is precisely what I intend to do in this case.
00:10:12I will adjourn for lunch now.
00:10:17Before the jury were sent out, Sergeant, you testified how you and Detective Sergeant Wilson were in Verity's club on
00:10:24the night of September the 14th.
00:10:26Now, my lord has ruled that you should answer the question my learned friend objected to.
00:10:32Exactly why were you there on that particular night?
00:10:37Acting on information received, we had been advised that a large consignment of drugs would be changing hands in the
00:10:43club on that particular evening.
00:10:44What kind of drugs, Sergeant?
00:10:45Cannabis.
00:10:47Was my client suspected of being involved in this drug ring?
00:10:50As far as we were concerned, all the customers in the club were suspect.
00:10:53Commendable.
00:10:54Let me put it another way.
00:10:56Have you since that night obtained a single shred of evidence that links Lola Martin with illicit drugs?
00:11:01No, sir.
00:11:02No.
00:11:03I'd like to ask you about your appearance, your attire.
00:11:07Is it normal to wear such clothes when engaged in undercover operations?
00:11:11Of course it is.
00:11:12The clothes vary depending on the nature of the work.
00:11:15We'd hardly expect to make any arrests dressed in uniform.
00:11:18The club Verity's is a drinking club, I believe.
00:11:20Yes, it is.
00:11:21You would agree with me that the bulk of the clientele are homosexuals, that it is well known in Forchester
00:11:25as a gay club?
00:11:27Yes.
00:11:28They're not all gay, but most of them are.
00:11:29Gay being a euphemism for homosexual.
00:11:32Yes, my lord.
00:11:35I note from Exhibit 3, which is a register of club members, that both you and Detective Sergeant Wilson are
00:11:41members there.
00:11:42Are you a homosexual, Sergeant?
00:11:46The club is for members only.
00:11:49We could hardly sit there drinking if we were not members.
00:11:52I know that you've been a member for nearly a year.
00:11:55When were Forchester Police first advised that the club might be a likely scene for illicit drug operations?
00:12:00August of this year.
00:12:01Yes, you've been a member for some six months prior to that date.
00:12:06Why, Sergeant?
00:12:07Millard, I must object to the innuendo of these questions.
00:12:11Again and again in the courts of this country, when a police officer is called to give evidence,
00:12:16one is left with the impression that they themselves are on trial.
00:12:19My lord.
00:12:21I tell you frankly, my lord, my client does not believe this story of illicit drugs.
00:12:24He firmly believes that the reason this officer and his colleague were in that club was to catch homosexuals,
00:12:30or to use their jargon, roll over a few queers.
00:12:33I'm not putting this witness on trial.
00:12:35I'm merely trying to get at the truth.
00:12:36Yes, I accept that.
00:12:38But I must agree with Mrs Forrest.
00:12:39There is a certain unfortunate innuendo in your questions.
00:12:44Do you intend to produce evidence that this police officer is a homosexual?
00:12:50Yes, my lord.
00:12:51Indeed I do.
00:13:00Firstly, I'd like to clear up this story about a drug ring operating at the club.
00:13:05Would I be right in assuming that neither on that night or any time since
00:13:08have any drugs been found, seized, or located on the club premises?
00:13:14Yes, you would be right, but there could be a very good reason for that.
00:13:17Yes, you've answered the question, Sergeant. Thank you.
00:13:18My lad, I feel the witness was about to qualify his answer.
00:13:22Might he be allowed to do so?
00:13:24Of course, Mrs Forrest.
00:13:25Mr Lee, you're defending your client with your customer's zeal,
00:13:28but I must ask you not to harass the witness.
00:13:32I would apologise, my lord, having some considerable experience of cases like this one.
00:13:37I am fully aware of how unpleasant harassment can be.
00:13:40I have no wish to subject the sergeant for such an ordeal.
00:13:43You'll never lose an opportunity, do you, Mr Lee?
00:13:46One tries not to, my lord.
00:13:48Sergeant, you were telling the jury that there might be a very good reason
00:13:51why no drugs have been found in Verity's club since the night you arrested the accused.
00:13:56Now, would you please finish your answer?
00:13:59Well, my lord, it's precisely because he was arrested on that night.
00:14:02He kicked up such a fuss that any drug pushers would have been frightened off and slipped away.
00:14:07An unfortunate by-product of the arrest, as it were.
00:14:11Exactly, my lord.
00:14:12Continue, Mr Lee.
00:14:13Well, let us leave the question of drugs, then.
00:14:15Clearly, whether they existed or not, my client had no connection with them.
00:14:18Millard, could my learned friend be asked to refrain from making speeches to the jury?
00:14:23Yes, I think the witness has covered that aspect, Mr Lee.
00:14:27The answer was that your client has no connection with any illicit drugs.
00:14:32I'm obliged, my lord.
00:14:34Prior to the moment when you arrested Martin in the club,
00:14:36how long had you been there, Sergeant?
00:14:39Nearly two hours.
00:14:40Did you observe Martin during that time?
00:14:42Yes, I did.
00:14:44Most of the time he was talking to two people at a table,
00:14:46but from time to time he came to the bar to buy drinks for them.
00:14:49And on one occasion he put his arm around a man and said,
00:14:52hello, darling, what are you doing tonight?
00:14:54Did you hear my client referred to by name during that time?
00:14:57Yes, I did.
00:14:59Apart from chatting to the owner of the club,
00:15:01other people called out greetings to him.
00:15:03They referred to him by the name of Lola.
00:15:05Just Lola?
00:15:06Yes.
00:15:07You stated earlier that you were standing in the corridor outside the toilets
00:15:11when the accused emerged from the ladies.
00:15:13Why were you standing there?
00:15:15I was keeping observation.
00:15:17Toilets are a well-known area for drug passing.
00:15:20Prior to that, during the previous two hours,
00:15:22had you exchanged any words with the accused?
00:15:24Yes, I may have said hello on one occasion.
00:15:28And when you said hello, you exchanged a smile.
00:15:33I may have done.
00:15:34Now, you've testified that you've been a member of this club for nearly a year.
00:15:37Is that right?
00:15:38Yes.
00:15:39You've also testified that until the moment he hit you,
00:15:42you believed the accused was a woman.
00:15:43That's right.
00:15:44Oh, come now, Sergeant.
00:15:45You've been a member of that club for nearly a year,
00:15:48albeit for the purpose of infiltration.
00:15:50Surely you must have known that Lola Martin was a man.
00:15:52No, I didn't.
00:15:54You hadn't seen him before that night?
00:15:57Yes, on a number of occasions.
00:15:59You knew him well enough to smile at him and say hello,
00:16:02and yet you asked us to believe you thought the accused was a woman.
00:16:05He was dressed as a woman.
00:16:07He moved like a woman.
00:16:08He sounded like a woman.
00:16:09The club was very dimly lit, and women do use it, you know.
00:16:11So they're homosexuals?
00:16:12Well, yes, I've already said that.
00:16:14Look, it didn't matter to me whether Lola Martin was a man or a woman.
00:16:17We were in the club looking for drug pushers, not gays.
00:16:21You stated at the beginning of your evidence
00:16:23that when Lola Martin emerged from the ladies,
00:16:25he smiled at you, and you half smiled back.
00:16:30Yes, that's right.
00:16:31Why did you return his smile?
00:16:34Look, when you're doing work of this kind,
00:16:36the object of the exercise is to remain as inconspicuous as possible.
00:16:40Now, I'm not likely to catch any drug pushers
00:16:42if I go around in uniform whistling the theme from Zeg cards.
00:16:45Did your dedication to duty have to go so far
00:16:47as to responding to him when he kissed you
00:16:50by kissing him back?
00:16:52Don't be bloody silly.
00:16:53He kissed me and then asked me to go back to his place.
00:16:55Where did he kiss you?
00:16:56On the lips.
00:16:56And I put it to you that your response was that of a homosexual.
00:16:59You returned, as it were, that kiss.
00:17:01My initial response was surprise.
00:17:03Then, after he had propositioned me
00:17:05and I'd shown him my identification
00:17:06and advised him that he was being arrested,
00:17:08he hit me.
00:17:09And my response then was amazement.
00:17:11Yes, I'm sure it was, Sergeant.
00:17:12No further questions.
00:17:16Sergeant, during the period
00:17:18that you were seconded to the drug squad,
00:17:20apart from the undercover work
00:17:21you were involved in in Verity's club,
00:17:24did you do other work of a similar nature?
00:17:27Yes, ma'am.
00:17:28Mike clubs, gambling casinos, pop concerts.
00:17:31And presumably, as all of this work
00:17:33was basically infiltration and surveillance,
00:17:36you would have worn the appropriate clothes.
00:17:38Yes, for example, at a pop concert
00:17:41would be T-shirt, jeans, beads, that sort of thing.
00:17:46Did any of that undercover work
00:17:47result in successful prosecutions?
00:17:50Yes, ma'am.
00:17:51Quite a number.
00:17:53Presumably, nobody saw fit to accuse you
00:17:54of being a hippie, a drug addict, or a gangster.
00:17:57Really, my lord?
00:17:58I adore the question, my lord.
00:17:59If my learned friend is so concerned
00:18:01with legal niceties,
00:18:01might she be asked to practice what she preaches
00:18:03and refrain from making speeches to the jury?
00:18:05Clearly, she's here to obtain a conviction.
00:18:07I am here to obtain a hearing of this case.
00:18:09That will suffice from both of you.
00:18:12We are all here to obtain justice for the accused.
00:18:16Displays of acrimony are not calculated
00:18:18to achieve that aim.
00:18:20Now, Sergeant, suggestion has been made
00:18:22that on the night in question
00:18:24you were functioning as an agent provocateur.
00:18:28That while being employed to detect suspected offenders,
00:18:32you were also engaged in tempting,
00:18:34specifically the accused,
00:18:36to commit crime, that of soliciting.
00:18:40Now, leaving aside the merits and demerits
00:18:42of that particular argument,
00:18:44have you, on any previous occasion,
00:18:46been officially involved in that role?
00:18:50Yes, my lord.
00:18:51Two years ago, I infiltrated a group of political extremists
00:18:54by posing as someone who was sympathetic to their cause.
00:18:57And what about your earlier work with the drug squad
00:18:59that Mrs. Forrest was just asking you about?
00:19:02Well, I don't know if that comes under the heading
00:19:04of agent provocateur,
00:19:05but, well, one poses as someone wishing to buy drugs,
00:19:09as someone who is into the drug scene.
00:19:11And are you familiar with the guidelines
00:19:12laid down by the Home Office
00:19:14with regard to police working in this area?
00:19:17Yes, my lord, I am.
00:19:18Would you consider that in this case you overstepped
00:19:20those guidelines?
00:19:22No, my lord, I most certainly did not.
00:19:25I was not in the club to entrap homosexuals.
00:19:28Thank you, my lad.
00:19:29I have no further questions.
00:19:31I call Edward Linger.
00:19:36I've been a journalist for over 20 years
00:19:38and at the moment I'm working freelance.
00:19:40Were you on the night of September the 14th
00:19:43in a Fulchester club known as Veritas?
00:19:45Yes, I was.
00:19:46I was there with Lola Martin and a Dr. Burlington.
00:19:49Was that a chance meeting?
00:19:51No, it was by arrangement.
00:19:53Well, appointment, that is.
00:19:54Was the accused known to you prior to that date?
00:19:57No, the meeting had been arranged by Dr. Burlington.
00:20:00Oh, for what purpose?
00:20:02Well, I'm writing a series of feature articles
00:20:04for the Sunday Gazette.
00:20:06I wanted to do one on transvestite homosexuals
00:20:09and Dr. Burlington set up an interview with Lola Martin.
00:20:12In Veritas?
00:20:13Yes.
00:20:13This interview, a nightclub seems an unlikely place
00:20:17to conduct an interview.
00:20:19Yes, well, in my profession, my lord,
00:20:21one gets accustomed to conducting interviews
00:20:24in the unlikeliest places.
00:20:25In this particular instance,
00:20:27Lola Martin only agreed to be interviewed at the club.
00:20:30I see.
00:20:31Thank you, Mrs. Forrest.
00:20:32Thank you, my lad.
00:20:33Mr. Linger, apart from talking to yourself
00:20:36and Dr. Burlington,
00:20:37did the accused talk to anyone else?
00:20:39Oh, yes.
00:20:41He talked to virtually everyone in the club.
00:20:43He seemed to be very well known.
00:20:44Prior to his arrest,
00:20:46and apart from the conversation
00:20:47between yourself and Dr. Burlington,
00:20:49did Martin make any particular reference
00:20:51to anyone in the club?
00:20:53Yes, there were a couple of young guys there
00:20:56and it was obvious that Lola Martin
00:20:58had taken a fancy to one of them.
00:21:00Do you see that young man in court today?
00:21:05Yes, that's him sitting over there.
00:21:07Detective Sergeant Lent.
00:21:09Yes, of course, we didn't know at the time
00:21:11that he was a police officer.
00:21:12No, of course not.
00:21:14Why was it obvious that Martin had,
00:21:16to use your own words,
00:21:18taken a fancy to him?
00:21:21The various remarks he made about him
00:21:24during the course of the evening.
00:21:25Well, as none of the jury,
00:21:26to my knowledge,
00:21:28were in the club on that particular night,
00:21:30do you think you could enlighten, my lord,
00:21:31in the jury as to exactly what the accused said
00:21:34about Detective Sergeant Lent?
00:21:36Yes.
00:21:38He said that Lent had a nice body.
00:21:41He also said,
00:21:42I fancy him.
00:21:43And later on he remarked,
00:21:44he wants to know, you know.
00:21:47Oh, and then just before he went out to the toilet,
00:21:49he said,
00:21:50I won't need my electric blanket tonight.
00:21:53I think I'm on a promise with that one
00:21:55and the leather jacket.
00:21:55You're quite sure he said all those things?
00:21:59Oh, yes, I'm quite sure.
00:22:00I wrote it all down at the time.
00:22:02You wrote down what you said?
00:22:05Oh, yes, my lord.
00:22:07I was interviewing him at the time
00:22:09and they struck me as a very good copy.
00:22:11Do you recall anything else
00:22:13in relation to the accused
00:22:15and Detective Sergeant Lent?
00:22:17What, do you mean prior to his arrest?
00:22:18Yes, I do.
00:22:22Yes, at one point Martin said hello to him
00:22:24and gave him a big smile
00:22:27and the copper said hello back to him.
00:22:30Oh, Martin was delighted.
00:22:32During the course of your interview with Martin,
00:22:35was the subject of male prostitution referred to?
00:22:39Yes, it was.
00:22:40Do you recall any of the remarks that the accused made?
00:22:44I recall all of them.
00:22:45I wrote down his comments.
00:22:47He said a great deal on the subject
00:22:49but basically he said that
00:22:51he never sold his body
00:22:52but that from time to time
00:22:54he did go out cruising.
00:22:55You mean sailing?
00:23:00Ah, no, my lord.
00:23:02It's a homosexual term
00:23:03meaning to go out
00:23:04and seek another man
00:23:06either in clubs, bars
00:23:08or on the streets.
00:23:09When Martin went to the toilets
00:23:12can you recall where Sergeant Lent was?
00:23:16No, my lord, I cannot.
00:23:17The last I saw of the sergeant
00:23:19was when he came bursting out of the corridor
00:23:21that leads to the toilet.
00:23:22He was struggling with Lola Martin
00:23:24who shouted out
00:23:25Grab your handbags, girls.
00:23:27It's a raid.
00:23:31Girls will be boys
00:23:32and boys will be girls
00:23:34It's a mixed up, muddled up,
00:23:36shook up world
00:23:37It's a muddle
00:23:38La, la, la, la, la, la
00:23:43Well, I left home just a week before
00:23:46And I'd never ever kissed a woman before
00:23:49The cases in Fulchester are fictitious.
00:23:52Join us tomorrow
00:23:53when the Queen against Martin
00:23:54will be resumed in the Crown Court.
00:23:56I'm not the world's most masculine man
00:23:59But I know what I am
00:24:00When I'm glad I'm a man
00:24:02So it's all love
00:24:04La, la, la, la, la
00:24:24Lola Martin has been charged
00:24:26with persistently importuning
00:24:27and assaulting a police officer
00:24:29during the execution of his duty.
00:24:31At the close of yesterday's hearing
00:24:32reporter Edward Linger
00:24:34gave evidence concerning
00:24:35the arrest of Martin.
00:24:37The case resumes
00:24:37with Linger being examined
00:24:39by the prosecuting counsel.
00:24:41The jury in this trial
00:24:42has been selected
00:24:43from members of the public
00:24:44whose names appeared
00:24:45on the electoral register
00:24:46and who are eligible
00:24:47for jury service.
00:24:50Mr Linger
00:24:50You were telling my lord
00:24:52and the jury
00:24:53of the moment
00:24:54when the accused
00:24:54appeared back
00:24:55in the main club area
00:24:56struggling with
00:24:57Detective Sergeant Lent
00:24:59and shouting
00:24:59Grab your handbags, girls
00:25:02It's a raid.
00:25:03That's right.
00:25:04What happened next?
00:25:07Well, there was a certain
00:25:08amount of confusion
00:25:09at the club
00:25:10Some of the members laughed
00:25:12Others screamed
00:25:13ran for their coats
00:25:14and got out
00:25:15Another man dressed in leather
00:25:17who I learned later
00:25:18was also a detective
00:25:19grabbed Lola Martin
00:25:21and the two officers
00:25:22bundled him out of the club
00:25:23Well, what did you do?
00:25:26Well, I accompanied
00:25:26Dr Burlington
00:25:27to Fortress
00:25:27to Central Police Station
00:25:29and a short while later
00:25:30we both made statements
00:25:31Mr Linger
00:25:32I'm much obliged
00:25:36Mr Linger
00:25:38As I understand you
00:25:40prior to that night
00:25:40the night of Lola Martin's arrest
00:25:42you'd not met my client
00:25:43That's right
00:25:44And your introduction
00:25:45was effected by
00:25:46Dr Burlington
00:25:47Yes, that's right
00:25:48But this article
00:25:50you intended to write
00:25:51on transvestite homosexuals
00:25:53what was your
00:25:53basic approach
00:25:55to this subject?
00:25:57Well, how do you mean?
00:25:58Well, was it sympathetic
00:25:59to the problems
00:25:59that confront homosexuals
00:26:01in our society?
00:26:02It's a factual piece
00:26:04Yes, but what
00:26:05to use your newspaper parlance
00:26:07was your angle?
00:26:09There was no angle
00:26:10just a factual piece
00:26:12of reporting
00:26:12Were there to be
00:26:13any photographs
00:26:14of Mr Martin
00:26:15contained in the article?
00:26:16Yes, there were
00:26:17Photographs of him
00:26:18dressed as a woman?
00:26:19Yes, that's right
00:26:21Is that why he was dressed
00:26:22as a woman
00:26:22on that particular evening?
00:26:24Yes
00:26:25I'd arranged for a photographer
00:26:26to join us
00:26:27at the club later
00:26:28but Martin got arrested
00:26:30before we had a chance
00:26:30to take any photos
00:26:31But you plan to take photos
00:26:33of Lola Martin
00:26:34in the club?
00:26:35That's right
00:26:36He was quite agreeable
00:26:38Now, you told
00:26:39my lord and the jury
00:26:40yesterday
00:26:40that this article
00:26:42was one of a series
00:26:42of feature articles
00:26:43that you were writing
00:26:44for the Sunday Gazette
00:26:45Were the others
00:26:47merely factual ones too?
00:26:49Yes, they were
00:26:50They're about various aspects
00:26:52of our modern society
00:26:53Would you describe them
00:26:55as sensationalistic?
00:26:56Certainly not
00:26:57I'm not that kind
00:26:58of journalist
00:26:59Oh, aren't you indeed
00:27:00How much money
00:27:01were you being paid
00:27:02for these articles?
00:27:03Millard, is that question
00:27:04entirely relevant?
00:27:05My lord, I contend
00:27:06that it is highly relevant
00:27:07and I assure you
00:27:08I will be able
00:27:09to demonstrate why
00:27:09Very well, Mr Lee
00:27:11Mr Lingo
00:27:11would you answer the question?
00:27:13But what I earn
00:27:14has got nothing to do
00:27:15with this case
00:27:16I direct you
00:27:17to answer the question
00:27:20£1,000 per article
00:27:22I'm sorry, I beg your pardon?
00:27:26£1,000 per article
00:27:28How many articles?
00:27:31Eight
00:27:31£8,000
00:27:35How much had you agreed
00:27:36to pay Lola Martin
00:27:37for all the information
00:27:38he gave you
00:27:39to form the basis
00:27:40of one of these articles?
00:27:41I hadn't agreed
00:27:42to pay him anything
00:27:43I don't work like that
00:27:45No, indeed you don't
00:27:46I put it to you
00:27:47that the only reason
00:27:47he agreed to help you
00:27:48was because you
00:27:49and Dr Burlington
00:27:50advised him
00:27:51that the article
00:27:51would be sympathetic
00:27:52reasonable and fair
00:27:54with regard to homosexuals
00:27:55in this country
00:27:55I told him
00:27:57he'd get a fair crack
00:27:57at the whip
00:27:58Under the circumstances
00:28:00a bizarre phrase
00:28:02You told him
00:28:03that you would report
00:28:03his views accurately
00:28:05did you not?
00:28:06Yeah, something like that
00:28:07And just now
00:28:08you said
00:28:09all of these articles
00:28:10were factual
00:28:11and certainly not
00:28:13sensationalistic
00:28:14Yes, that's right
00:28:15My lord
00:28:15I would like to introduce
00:28:16these articles
00:28:17as exhibits at this point
00:28:18Millard, I object
00:28:19Those articles
00:28:20have no bearing
00:28:21on this case
00:28:21They were written
00:28:22prior to the night
00:28:23that these offences
00:28:24took place
00:28:24My lord
00:28:25Firstly
00:28:26I wish the jury
00:28:27to be able to judge
00:28:27the calibre of this witness
00:28:29Secondly
00:28:29I contend that
00:28:30Linger's views
00:28:31as expressed
00:28:32in these articles
00:28:32had a direct bearing
00:28:34on the events
00:28:34that took place
00:28:35on the night
00:28:36of the alleged offences
00:28:37Oh, honestly
00:28:38Might I see a copy
00:28:39of these articles?
00:28:40Certainly, my lord
00:28:42Oh, and Usher
00:28:44if you could give a copy
00:28:45to the witness, please
00:28:46These will become
00:28:48Exhibit 8
00:28:50Now, Mr Linger
00:28:52If you could look
00:28:53at the first article
00:28:54in the Gazette
00:28:55dated August the 8th
00:28:57would you say
00:28:57that it was factual
00:29:00unsensationalistic
00:29:00and without an angle
00:29:03Certainly
00:29:03Yeah
00:29:04The article
00:29:05is headed
00:29:06The Misalliance
00:29:07of Drugs
00:29:07Sex
00:29:08and Pop Music
00:29:10It contains
00:29:11intimate details
00:29:12of the private life
00:29:12of a leading pop singer
00:29:15That's right
00:29:15Details that he gave
00:29:16himself
00:29:17It also contains
00:29:18a damning criticism
00:29:19of that singer
00:29:19Did he criticise himself
00:29:21as well?
00:29:21Are those comments
00:29:22also his?
00:29:23Well, I had to
00:29:23knit the whole thing
00:29:24together
00:29:24Yes
00:29:25August the 15th
00:29:26Your article is headed
00:29:27The Casting Couch
00:29:29Syndrome
00:29:31This one deals
00:29:32with a rising
00:29:32young actress
00:29:33who's the mother
00:29:33of an illegitimate son
00:29:34A fact that you
00:29:36had unearthed
00:29:36and confronted her with
00:29:38Miller
00:29:38Must we endure
00:29:39more of this?
00:29:40My lord, I'm gratified
00:29:41to see that my
00:29:42learned friend
00:29:42shares my disgust
00:29:43I would now like
00:29:45the witness to turn
00:29:45to the last item
00:29:46in this little bundle
00:29:47The article written
00:29:49by this witness
00:29:50about Lola Martin
00:29:52How'd you get hold
00:29:53of this?
00:29:54It hasn't been published
00:29:55yet
00:29:55The paper's waiting
00:29:56for this trial to finish
00:29:58Where'd you get
00:29:58these copies?
00:29:59Is this the article
00:30:00you wrote as a result
00:30:01of interviewing
00:30:02the accused
00:30:03in that nightclub?
00:30:04Yes, my lord
00:30:05This will become
00:30:07a separate exhibit
00:30:09Exhibit 9
00:30:11This was the article
00:30:12that was going to give
00:30:12Lola Martin
00:30:13a fair crack of the whip
00:30:15that was going to
00:30:16report his views
00:30:16accurately with sympathy
00:30:18and fairness
00:30:18It is entitled
00:30:19The Sad Twilight World
00:30:22of Lola Martin
00:30:25Look, don't you
00:30:26moralise to me
00:30:27Mr. Lee
00:30:29I give the public
00:30:30what they want
00:30:32Circulation has gone up
00:30:33by over 80,000
00:30:34per week
00:30:34since these articles
00:30:35started coming out
00:30:36and you stand there
00:30:37making snide remarks
00:30:39about how much
00:30:39I get paid
00:30:40to write them
00:30:41What are you implying
00:30:42that I've exploited
00:30:43your precious client
00:30:45He's paying you
00:30:46to defend him
00:30:46isn't he?
00:30:47If I'm exploiting him
00:30:49by writing this
00:30:51what the hell
00:30:52do you think
00:30:52you're doing?
00:30:53Defending him
00:30:53Linger
00:30:54Defending him
00:30:55I put it to you
00:30:56I put it to you
00:30:56that you obtained
00:30:56this interview
00:30:57with him
00:30:57under false pretenses
00:30:58and during the course
00:30:59of the evening
00:31:00he was handed a copy
00:31:01of one of the previous
00:31:01articles
00:31:02by the owner
00:31:03of the club
00:31:04and then when he realised
00:31:05just what you were up to
00:31:06he became distraught
00:31:07and then he said
00:31:08right you bastard
00:31:10if you want a screaming queen
00:31:11you can have one
00:31:13I don't remember that
00:31:14but your shorthand
00:31:16notebook Linger
00:31:17the one you so
00:31:17faithfully recorded
00:31:19all his remarks in
00:31:20the one that was so
00:31:21invaluable to you
00:31:22when you were being
00:31:23questioned by my
00:31:23learned friend
00:31:24isn't that remarking there?
00:31:25I wouldn't write
00:31:26something like that down
00:31:27No it wouldn't make
00:31:28good copy I suppose
00:31:29no further questions
00:31:31but you do recall
00:31:33that he remarked
00:31:34that Detective Sergeant Lent
00:31:35had a nice body
00:31:36yes
00:31:37that the accused
00:31:38talking of the officer
00:31:40said
00:31:40he wants to know
00:31:41you know
00:31:42and
00:31:43I won't need
00:31:44my electric blanket
00:31:45tonight
00:31:45I think I'm on a promise
00:31:47with that one
00:31:48in the leather jacket
00:31:48yes he said all that
00:31:50and he also said
00:31:51did he not
00:31:52that from time to time
00:31:53he went cruising
00:31:54seeking out other men
00:31:56in clubs
00:31:57and bars
00:31:58and in the streets
00:31:59to have sex with
00:32:01yes
00:32:01that is what he said
00:32:03thank you very much
00:32:04Mr. Ninger
00:32:05Millard
00:32:05I have no question
00:32:06I called Dr. Burlington
00:32:16would you tell the court
00:32:18your qualifications?
00:32:19I'm a doctor of medicine
00:32:20a bachelor of science
00:32:21a fellow of the
00:32:22Royal College of Physicians
00:32:23with a diploma in psychiatry
00:32:25is the accused
00:32:26Lola Martin
00:32:26known to you?
00:32:27yes
00:32:28I first met him
00:32:29some seven years ago
00:32:30what were the circumstances
00:32:31of that meeting?
00:32:32he was sent to me
00:32:33by his local GP
00:32:34for treatment
00:32:34what condition
00:32:36were you treating him for?
00:32:37his homosexual condition
00:32:38he was disturbed
00:32:40and distressed
00:32:41because of his perversion
00:32:42and required help
00:32:42how long was he a patient
00:32:44of yours?
00:32:4516 months
00:32:46he declined to come
00:32:47after that
00:32:47evidence has been given
00:32:49that you arranged for him
00:32:50to be interviewed
00:32:51by a reporter
00:32:51Edward Linger
00:32:52is that correct?
00:32:53yes
00:32:53I thought he would make
00:32:54an excellent subject
00:32:55for an article
00:32:56and the problems
00:32:57of homosexuality
00:32:58and the plan was
00:32:59that I should write
00:32:59a piece to accompany
00:33:01Mr Linger's article
00:33:02of course that's had
00:33:03to be abandoned now
00:33:04because of this trial
00:33:05I see
00:33:05just a moment
00:33:06Mrs Forrest
00:33:07Dr Burlington
00:33:08you've been advised
00:33:09that the paper
00:33:09will not now
00:33:10be carrying an article
00:33:11on the accused?
00:33:12that's what Mr Linger
00:33:13told me my lord
00:33:14did he indeed?
00:33:17carry on
00:33:17thank you
00:33:18me now
00:33:19Dr Burlington
00:33:20I'd like to come
00:33:21to the night
00:33:21of September 14th
00:33:23did you meet
00:33:24the accused
00:33:24in a club
00:33:25known as Veritas?
00:33:26yes I did
00:33:27in the company
00:33:28of the reporter
00:33:28Edward Linger
00:33:29yes that's right
00:33:30would you tell
00:33:31my lord
00:33:32and the jury
00:33:33your impressions
00:33:34and opinions
00:33:35of the accused
00:33:36during the earlier
00:33:37part of that interview
00:33:37in the club?
00:33:38I was struck
00:33:39by the change
00:33:40in Lola Martin
00:33:41I had seen him
00:33:42from time to time
00:33:43in Fulchester
00:33:43since he stopped
00:33:44coming to me
00:33:44for treatment
00:33:45but only to exchange
00:33:46the odd greeting
00:33:46this was the first time
00:33:47I'd had real conversation
00:33:48with him since then
00:33:49well in what way
00:33:50had he changed?
00:33:52he'd become
00:33:53very exhibitionist
00:33:55the guilt
00:33:56that he had been
00:33:56suffering from
00:33:57during the treatment
00:33:58had become
00:33:58masked by aggression
00:33:59well that's
00:34:00a classic manifestation
00:34:01he had also become
00:34:02a very militant homosexual
00:34:04he displayed
00:34:05in his manner
00:34:06and his speech
00:34:07a promiscuous attitude
00:34:08that had hitherto
00:34:09not been there
00:34:10during the course
00:34:11of the evening
00:34:11he became very attracted
00:34:12to a young man
00:34:13who was sitting
00:34:13at the bar
00:34:14with a friend
00:34:14oh just one moment
00:34:15doctor
00:34:15do you see that young man
00:34:17anywhere in court?
00:34:18yes I noticed him
00:34:19when I came in
00:34:20he's sitting next
00:34:20to Edward Linger
00:34:22detective sergeant Lent
00:34:23is that his name?
00:34:24I gathered later
00:34:25that he was a policeman
00:34:26but I didn't know his name
00:34:27you were telling my lord
00:34:29in the jury
00:34:29that during the course
00:34:31of the evening
00:34:31the accused became
00:34:32very attracted
00:34:33to the officer
00:34:35do you mean sexually?
00:34:37yes I do
00:34:38Lola made various remarks
00:34:39indicating that he would like
00:34:40to take the young man to bed
00:34:41do you recall any of them?
00:34:42the remarks the accused made?
00:34:44oh there were so many of them
00:34:46one of them was
00:34:47what a lovely piece
00:34:47of rough trade
00:34:48I must have him
00:34:50oh rough trade
00:34:51is a homosexual term
00:34:52my lord
00:34:53it used to define
00:34:54men of a particular attitude
00:34:56and a particular dress
00:34:57can you be more specific?
00:34:59well
00:35:00someone dressed
00:35:01as that policeman
00:35:01was at that night
00:35:02in the club
00:35:02black leather
00:35:04masculine appearance
00:35:05does that help?
00:35:05yes
00:35:06the jury have seen
00:35:07an example of that
00:35:08during this trial
00:35:21if I could now turn
00:35:22to this treatment
00:35:23you gave my client
00:35:24doctor
00:35:24I believe that you
00:35:25told my learned friend
00:35:25that you first met
00:35:26Lola Martin
00:35:27some seven years ago
00:35:28yes that's correct
00:35:28and that you were
00:35:29treating him for his
00:35:31homosexual condition
00:35:32yes
00:35:32why?
00:35:34I beg your pardon?
00:35:34why did he need treatment?
00:35:37he came to me for help
00:35:38do you consider
00:35:39all homosexuals
00:35:40should be treated?
00:35:42homosexuality is a
00:35:43deviancy from the norm
00:35:44and what is the norm
00:35:45Dr Burlington?
00:35:46heterosexuality
00:35:46really?
00:35:47yes really
00:35:47who said so
00:35:48Dr Burlington?
00:35:50look I haven't come here
00:35:51to debate deviancy
00:35:53I am accustomed to this
00:35:54technique of putting
00:35:55the expert on trial
00:35:56don't defend him
00:35:57by putting me on trial
00:35:58Dr Burlington
00:35:59please accept the
00:36:00apologies of an amateur
00:36:01I've not had the benefit
00:36:02of your medical education
00:36:03I therefore feel unable
00:36:04to term homosexuality
00:36:06as a
00:36:06how did you phrase it?
00:36:07a perversion
00:36:08I equally feel ill-equipped
00:36:10to term it as
00:36:10deviant behaviour
00:36:11these are terms that you
00:36:12the expert used
00:36:14when being examined
00:36:14by my learned friend
00:36:15I want to know
00:36:16your source of information
00:36:17your right
00:36:18your justification
00:36:19for using such terms
00:36:21to describe a fellow
00:36:22human being
00:36:22really my lord
00:36:23I must protest
00:36:23and so must I my lord
00:36:25not merely at the
00:36:25chauvinism of this witness
00:36:26but at the interruption
00:36:27of my learned friend
00:36:28I allowed her to examine
00:36:30this witness without
00:36:30a single objection
00:36:31despite the fact that
00:36:32I found her subjectivity
00:36:33nauseating
00:36:34I refer of course
00:36:35to the witness
00:36:36not my learned friend
00:36:37my lord
00:36:37I ask her the basic right
00:36:38to question this witness
00:36:39on some of the assumptions
00:36:40that were drawn on
00:36:41during her examination
00:36:42by prosecution
00:36:43Mr Lee
00:36:44I must ask you to refrain
00:36:45from personal comment
00:36:46of that nature
00:36:48continue
00:36:49but my lad
00:36:50yes
00:36:50Mrs Forrest
00:36:51is my learned friend
00:36:52to be allowed to ask
00:36:53such questions?
00:36:53yes he is
00:36:54the doctor is clearly
00:36:55an expert witness
00:36:56and we are here
00:36:57to ascertain certain facts
00:36:59and certain truths
00:37:00I'm obliged my lord
00:37:02doctor the law
00:37:03in its infinite wisdom
00:37:04decided some years ago
00:37:05that homosexuality
00:37:06between consenting persons
00:37:08over the age of 21
00:37:09was legal
00:37:10you have termed it
00:37:12perversion
00:37:12and deviancy
00:37:14I want to hear you
00:37:15justify that assertion
00:37:16I have no need
00:37:17to justify that assertion
00:37:18Mr Lee
00:37:19it is my professional belief
00:37:21based on 15 years
00:37:22of medical experience
00:37:23it is also
00:37:24the professional belief
00:37:25of a great many
00:37:26of my colleagues
00:37:26it is also directly
00:37:27the opposite view
00:37:28to that held
00:37:28by a great many members
00:37:29of the medical profession
00:37:30is it not?
00:37:31it is generally accepted
00:37:33not only in the medical profession
00:37:34that homosexuality
00:37:35is a perversion
00:37:37a deviation
00:37:38from the normal
00:37:39sexual behaviour pattern
00:37:40therefore
00:37:41taking even the most
00:37:42conservative of estimates
00:37:43there must be
00:37:44quite a number of perverts
00:37:47right here in this courtroom
00:37:48oh I wouldn't know
00:37:49about that
00:37:50no
00:37:50of course not
00:37:51you would accept
00:37:53that there are probably
00:37:54some 7 million homosexuals
00:37:56in this country
00:37:56estimates vary wildly
00:37:58yes well would you accept
00:37:59that we are talking
00:38:00as far as homosexuality
00:38:01in the British Isles
00:38:02is concerned
00:38:03of a number
00:38:03that is in millions
00:38:04oh yes
00:38:05and these are all
00:38:06perverts
00:38:06deviants
00:38:07yes in my opinion
00:38:09now we begin
00:38:11to progress doctor
00:38:13in your opinion
00:38:16I would like
00:38:17you to tell my lord
00:38:18and the jury
00:38:19exactly what treatment
00:38:20you gave Lola Martin
00:38:21when he was sent to you
00:38:22by his local doctor
00:38:24initially he attended
00:38:26psychoanalytic group therapy
00:38:27yes I gather
00:38:28a similar form of treatment
00:38:29is often used
00:38:31to treat people
00:38:32suffering from a neurotic illness
00:38:34yes that's right
00:38:35now in the group
00:38:36that you placed Lola
00:38:37were all the others
00:38:38homosexuals
00:38:39oh by no means
00:38:39so he might well
00:38:41have been subjected
00:38:42to the prejudices
00:38:43and ignorance
00:38:44of the heterosexual group members
00:38:46well that was not
00:38:47the intention
00:38:47in my view
00:38:48at that time
00:38:49Lola Martin was neurotic
00:38:50it was logical therefore
00:38:51to incorporate him
00:38:52within a group
00:38:52of neurotics of therapy
00:38:53yes but this
00:38:54would of course
00:38:55confirmed in his mind
00:38:56that homosexuality
00:38:58was a neurosis
00:38:58well I believe
00:38:59that in many homosexuals
00:39:01it is
00:39:01you see
00:39:02prior to his treatment
00:39:04Martin had been isolated
00:39:05he'd had very little opportunity
00:39:07to talk over
00:39:08his feelings
00:39:09or his fears
00:39:10yes I'm sure
00:39:11that we would all
00:39:11approve of that
00:39:12but equally
00:39:12there is a danger
00:39:13in group therapy
00:39:14that someone like
00:39:15Lola Martin
00:39:15would be confronted
00:39:17with views
00:39:17that would reinforce
00:39:18the belief
00:39:19that he held
00:39:19at that time
00:39:20that homosexuality
00:39:22was a deviancy
00:39:23well I wouldn't
00:39:23call that a danger
00:39:24I would call that
00:39:25a very real
00:39:25hopeful chance
00:39:28when a patient
00:39:29comes to me
00:39:29in a mentally
00:39:29disturbed condition
00:39:30because he's not
00:39:31conforming to the
00:39:32normal society
00:39:32it's my job
00:39:33to help them
00:39:34to conform
00:39:34yes but did it
00:39:35ever occur to you
00:39:36to help him
00:39:37adjust to his
00:39:38sexual inclinations
00:39:39to accept them
00:39:41to come to terms
00:39:41with them
00:39:42to live happily
00:39:43with them
00:39:43well I don't
00:39:44consider it my job
00:39:45to help devians
00:39:45to become happy
00:39:46devians
00:39:47it's my function
00:39:48to help them
00:39:49towards normality
00:39:50and ensure they
00:39:51accept that happily
00:39:52well with regard
00:39:54to the group therapy
00:39:55and taking your view
00:39:57of what your job is
00:39:58were you successful
00:39:59no I wasn't
00:40:01did you try
00:40:02any other forms
00:40:03of treatment
00:40:03yes I used
00:40:04aversion therapy
00:40:05in Lola Martin
00:40:05would you explain
00:40:06to my lord
00:40:07and the jury
00:40:07exactly what
00:40:08aversion therapy
00:40:09is and exactly
00:40:10how you applied
00:40:11it to Lola Martin
00:40:12please doctor
00:40:12well the basic aim
00:40:14is to build up
00:40:15within the patient
00:40:17an aversion
00:40:17to the particular
00:40:18deviation
00:40:18that's troubling
00:40:19him or her
00:40:20it's been used
00:40:20on alcoholics
00:40:22drug addicts
00:40:22compulsive gamblers
00:40:23a whole range
00:40:25of deviations
00:40:25in fact
00:40:26but I must
00:40:28I must stress
00:40:29that this treatment
00:40:30is never compulsory
00:40:31it's only given
00:40:32to patients
00:40:33who have volunteered
00:40:33for it
00:40:34could you tell us
00:40:34exactly how it was
00:40:35applied to Lola Martin
00:40:36certainly
00:40:37in addition to his
00:40:39homosexual desires
00:40:40and feelings
00:40:40Lola Martin
00:40:41evinced a decided
00:40:43tendency towards
00:40:44transvestism
00:40:45cross-dressing
00:40:46wearing women's
00:40:47clothes
00:40:47I asked him to
00:40:48bring photographs
00:40:49of himself dressed
00:40:50as a woman
00:40:50to my clinic
00:40:51and photographs
00:40:53of men
00:40:53with whom he
00:40:54had had love
00:40:54affairs
00:40:55he was given
00:40:56an injection
00:40:56of an emetic
00:40:57in his case
00:40:59apomorphine
00:41:00he was then
00:41:01shown the photographs
00:41:02he then vomited
00:41:03violently
00:41:04the process
00:41:05was repeated
00:41:06in a number
00:41:06of occasions
00:41:06it was of course
00:41:07the drug
00:41:08that you injected
00:41:08into him
00:41:09that caused
00:41:09the vomiting
00:41:10and not the photographs
00:41:11he was shown
00:41:11well yes of course
00:41:13the basic idea
00:41:14is to build up
00:41:16in the patient's mind
00:41:17feelings of nausea
00:41:18rather than excitement
00:41:20at such images
00:41:20ultimately to deflect
00:41:22them from their
00:41:22homosexual and
00:41:23transvestite tendencies
00:41:24was this form of
00:41:24treatment successful
00:41:25with Lola Martin
00:41:26no it wasn't
00:41:26did you try any
00:41:27other forms of
00:41:28aversion therapy
00:41:29I subsequently
00:41:29used electric shocks
00:41:30instead of the
00:41:31injections
00:41:31was this successful
00:41:33he discontinued
00:41:34treatment before
00:41:35it was completed
00:41:36Dr. Berlington
00:41:37would I be right
00:41:38in thinking that
00:41:38aversion therapy
00:41:39as a treatment
00:41:40for the
00:41:42homosexual condition
00:41:43has been largely
00:41:43discredited
00:41:45discredited
00:41:46in what way
00:41:47well it's proved
00:41:48unsuccessful
00:41:50on the contrary
00:41:51there have been
00:41:51some remarkable
00:41:52successes
00:41:52but surely
00:41:53there have also
00:41:53been some
00:41:54remarkable failures
00:41:55and many patients
00:41:56apparently cured
00:41:57have lapsed to
00:41:58a life of homosexuality
00:41:59yes well of course
00:42:00there's conflicting
00:42:00evidence but for my
00:42:01part I feel the
00:42:02treatment is very
00:42:03well worth persevering
00:42:04well would you
00:42:05agree that to
00:42:06destroy a person's
00:42:07homosexual sexuality
00:42:09doesn't automatically
00:42:10mean that you
00:42:11replace it with a
00:42:12heterosexual substitute
00:42:13you may end up with a
00:42:14human being impotent
00:42:16and frustrated
00:42:18yes yes that is true
00:42:21but one can't stand by
00:42:23and do nothing
00:42:24when a patient comes
00:42:25asking for help
00:42:26and is distressed
00:42:27because of the
00:42:27aberration they're
00:42:28suffering from
00:42:29you firmly believe
00:42:29that for Lola Martin
00:42:30to dress in women's
00:42:31clothes is an
00:42:32aberration
00:42:33are you suggesting
00:42:34that it's normal
00:42:35behaviour
00:42:35well if there's any
00:42:37logic to your
00:42:38point of view
00:42:38surely you are
00:42:39suffering from the
00:42:40same aberration
00:42:41the same deviancy
00:42:42really my lad
00:42:43my lord I'm merely
00:42:44pointing out to the
00:42:45witness and to the
00:42:46jury would you
00:42:47step out of the
00:42:48witness box please
00:42:48doctor
00:42:53that the doctor is
00:42:54standing there
00:42:54dressed as a man
00:42:55she's wearing a
00:42:56man's suit
00:42:56thank you doctor
00:42:57really my lad
00:42:58that's absolutely
00:42:59irrelevant
00:43:00millions of women
00:43:01dress as the
00:43:01doctor is dressed
00:43:02they are not
00:43:03considered to be
00:43:04deviants or
00:43:05suffering from
00:43:05aberration
00:43:06I believe that is
00:43:07precisely the point
00:43:08that Mr Lee is
00:43:09making
00:43:09as your lordship
00:43:10pleases
00:43:11but may I ask
00:43:13that my learned
00:43:13friend wanders no
00:43:14further from the
00:43:15track
00:43:15we are here to
00:43:17try the accused
00:43:17on two specific
00:43:18charges
00:43:19not to examine
00:43:20society's views
00:43:21on homosexuality
00:43:22it would seem to
00:43:23me that the
00:43:24majority of Mr Lee's
00:43:25questions have
00:43:26specifically concerned
00:43:27his client
00:43:28particularly the
00:43:30treatment that the
00:43:31witness gave to the
00:43:33accused highly
00:43:33relevant information
00:43:34I would have
00:43:35thought but I do
00:43:35agree we do not
00:43:37want to wander too
00:43:38far abroad
00:43:39as your lordship
00:43:40pleases
00:43:42now Mr Linger's
00:43:43article about my
00:43:44client when you
00:43:46contacted Lella
00:43:46Martin and asked
00:43:47him to let this
00:43:49reporter conduct an
00:43:50interview what did
00:43:51you tell him about
00:43:51the piece that
00:43:52Linger would be
00:43:52writing
00:43:53I told him it
00:43:54would be about
00:43:55the transvestite
00:43:55homosexual
00:43:56yes but did you
00:43:57tell him that
00:43:57the article would
00:43:58be expressing
00:43:58his views
00:43:59yes that was
00:44:01why he was
00:44:01being interviewed
00:44:03did you tell him
00:44:04that the article
00:44:04would be fair
00:44:05and balanced
00:44:05yes I did
00:44:06now earlier you
00:44:07advised my lord
00:44:08and the jury
00:44:08that because of
00:44:09this trial
00:44:10the article had
00:44:11been abandoned
00:44:11that's right
00:44:13could the witness
00:44:14be shown a copy
00:44:14of exhibit nine
00:44:15please
00:44:21have you ever
00:44:21seen that before
00:44:24no I haven't
00:44:24now would you
00:44:25now would you as
00:44:26an expert consider
00:44:27that article to be
00:44:28a fair and balanced
00:44:29view of Lola Martin
00:44:30and his transvestite
00:44:31homosexual tendencies
00:44:39no I certainly would not
00:44:41do you recall a particular
00:44:43moment during that evening
00:44:44in the club when Lola Martin
00:44:45was handed a newspaper article
00:44:47by the owner of the club
00:44:49no I'm afraid I don't
00:44:51oh
00:44:52now when being questioned
00:44:54by my learned friend
00:44:54you described Lola Martin
00:44:56his manner that evening
00:44:58as being promiscuous
00:45:00in his manner
00:45:01and his speech
00:45:02you also said
00:45:03that he was aggressive
00:45:04I put it to you
00:45:05that he only began
00:45:06to behave in that manner
00:45:07towards the end
00:45:07of the evening
00:45:11certainly his behaviour
00:45:12became more erratic
00:45:13towards the end
00:45:14of the evening
00:45:14after he'd been shown
00:45:15a previous article
00:45:16written by the reporter
00:45:17and after he'd realised
00:45:18just what kind of an article
00:45:20was going to be written
00:45:20about him
00:45:21well I know nothing
00:45:22about him having been
00:45:22shown any article
00:45:24but certainly he became
00:45:25very belligerent
00:45:26towards Mr Linger
00:45:27and myself
00:45:27he accused us
00:45:28of exploiting him
00:45:29did he really
00:45:30yes
00:45:33paranoia is very common
00:45:34amongst homosexuals
00:45:35delusions of persecution
00:45:37you mean
00:45:38yes I do
00:45:38were you being paid
00:45:40by the Sunday Gazette
00:45:41for the contribution
00:45:41you were making
00:45:42towards that feature article
00:45:43yes
00:45:44how much
00:45:45200 pounds
00:45:46the homosexual industry
00:45:48appears to be booming
00:45:49doctor have you recently
00:45:51returned from a lecture
00:45:52tour of the United States
00:45:53yes I have
00:45:54lecturing I believe
00:45:55on homosexual
00:45:56and transvestite deviancy
00:45:58that's right
00:45:59I gave 15 lectures
00:46:00on that subject
00:46:00at various universities
00:46:01now one newspaper report
00:46:04I have here
00:46:04the San Francisco Post
00:46:06states that you were paid
00:46:08one thousand dollars
00:46:10per lecture
00:46:11is that accurate
00:46:12yes it is
00:46:13and I was also paid
00:46:15expenses if we're going
00:46:16to have an examination
00:46:17of my earnings
00:46:17presumably the views
00:46:18you expounded on that
00:46:19lecture were similar
00:46:21to the views
00:46:22that you have aired
00:46:22here today
00:46:23yes
00:46:24of course the questions
00:46:25the students asked me
00:46:26were considerably more
00:46:27intelligent than the
00:46:27questions I've been
00:46:28asked here today
00:46:29in that case doctor
00:46:31in that case doctor
00:46:31I will refrain
00:46:32from asking
00:46:32any further questions
00:46:36Milard
00:46:36not wishing to demonstrate
00:46:38my own stupidity
00:46:39Mrs. Forrest
00:46:40I will decline
00:46:41the opportunity
00:46:42of questioning
00:46:43this witness
00:46:43now that is my case
00:46:45Milard
00:46:48I call Lola Martin
00:46:50Mr. Lee
00:46:50I assume that your
00:46:51examination in chief
00:46:53will be a lengthy one
00:46:54yes my lord
00:46:54in that case
00:46:55I will adjourn
00:46:56until tomorrow
00:47:18the case is in
00:47:20Fulchester are fictitious
00:47:21join us tomorrow
00:47:22when the queen
00:47:22against Martin
00:47:23will be concluded
00:47:24in the crown court
00:47:25I'm not the world's
00:47:26most masculine man
00:47:28but I know
00:47:29what I am
00:47:29when I'm dead
00:47:30I'm a man
00:47:31so it's Lola
00:47:34Lola
00:47:34Lola
00:47:35Lola
00:47:35Lola
00:47:36Lola
00:47:53Lola
00:47:54Lola Martin
00:47:54has been charged
00:47:55with persistently
00:47:56importuning
00:47:57and assaulting
00:47:58a police officer
00:47:58during the execution
00:47:59of his duty
00:48:00he's about to be called
00:48:01to give evidence
00:48:02on his own behalf
00:48:03the jury in this trial
00:48:04has been selected
00:48:05from members of the public
00:48:06whose names appear
00:48:07on the electoral register
00:48:08and who are eligible
00:48:09for jury service
00:48:10I call Lola Martin
00:48:31who are you
00:48:33Lola Martin
00:48:34my lord
00:48:35Mr. Lee
00:48:36is this your client
00:48:37yes my lord
00:48:38it is
00:48:38he desired
00:48:39that the jury
00:48:40should see him
00:48:40dressed exactly
00:48:41as he was
00:48:41on the night
00:48:42of his arrest
00:48:42to me extremely
00:48:44irregular
00:48:45Mrs. Forrest
00:48:46do you have
00:48:46any objection
00:48:48I'm sorry
00:48:49Millard
00:48:50I said
00:48:50do you have
00:48:51any objections
00:48:51to the defendant
00:48:52being dressed
00:48:53in those clothes
00:48:54with the greatest
00:48:55respect my lord
00:48:56I feel that
00:48:56whether my learned
00:48:57friend has
00:48:58or has not
00:48:59any objections
00:48:59is beside the point
00:49:00with respect
00:49:01prosecution council
00:49:02cannot decree
00:49:03what a defendant
00:49:03should or should
00:49:04not wear in court
00:49:05that is a matter
00:49:06for you
00:49:06Millard
00:49:07I'm inclined
00:49:07to agree
00:49:08with my learned
00:49:08friend
00:49:09of course
00:49:10he may be
00:49:11guilty of contempt
00:49:12really my lord
00:49:13if one takes
00:49:13that view
00:49:14then Dr. Burlington
00:49:15who I noticed
00:49:16today is wearing
00:49:17a dress
00:49:18was guilty
00:49:18of contempt
00:49:19yesterday
00:49:23let us proceed
00:49:24Mr. Lee
00:49:25with the greatest
00:49:26respect my lord
00:49:27my client
00:49:28has not yet
00:49:28been sworn in
00:49:29come along
00:49:29what are we
00:49:30waiting for
00:49:34what is your
00:49:36religion
00:49:36see thee
00:49:40is your full
00:49:41name Lola
00:49:42Martin
00:49:42yes it is
00:49:43is Lola
00:49:44your official
00:49:45name
00:49:46I see that
00:49:46you were charged
00:49:47under that
00:49:48name
00:49:48yes it is
00:49:48my lord
00:49:49thank you
00:49:50thank you
00:49:50my lord
00:49:51you've heard
00:49:52yourself described
00:49:52in court
00:49:53as a transvestite
00:49:54and a homosexual
00:49:55do you accept
00:49:56those descriptions
00:49:57as being accurate
00:49:57yes I do
00:49:58I have also
00:49:59heard yourself
00:49:59described as a
00:50:00deviant
00:50:01suffering from
00:50:02a sexual
00:50:02aberration
00:50:03do you accept
00:50:03those descriptions
00:50:04as being accurate
00:50:05of you
00:50:05certainly not
00:50:07many more
00:50:08than I accept
00:50:08most of the
00:50:09definitions
00:50:09from other
00:50:10experts
00:50:11when they attempt
00:50:11to explain
00:50:12away people
00:50:12like me
00:50:13to what
00:50:13experts and
00:50:14definitions
00:50:14are you referring
00:50:16there have been
00:50:17so many
00:50:19according to
00:50:20Jung
00:50:21I'm basically
00:50:22a heterosexual
00:50:22who doesn't
00:50:24know how to
00:50:24do it
00:50:25according to
00:50:26Freud
00:50:26I have an
00:50:27oedipus complex
00:50:27and I want
00:50:28to take my
00:50:28mother to bed
00:50:29Freud also
00:50:30feel that I'm
00:50:31terribly immature
00:50:32according to the
00:50:33late Archbishop of
00:50:34Canterbury
00:50:34Dr. Fisher
00:50:35I'm indulging in
00:50:36a shameful vice
00:50:37which is a
00:50:38grievous sin
00:50:39and from which
00:50:40deliverance should
00:50:41be sought by
00:50:41any means
00:50:42I have no wish
00:50:43to single out
00:50:44that dear
00:50:45Christian
00:50:45his views are
00:50:46shared by the
00:50:47Catholic Church
00:50:47and most of
00:50:48Western Christianity
00:50:50according to
00:50:51Dr. David Rubin
00:50:52whose views are
00:50:53expressed in a book
00:50:53that has sold
00:50:54over half a million
00:50:55copies
00:50:56I haunt bus
00:50:58stations
00:50:59cinemas
00:51:00car parks
00:51:01public washrooms
00:51:02and walk up
00:51:03to total strangers
00:51:04and without a word
00:51:05take off their
00:51:06trousers and make
00:51:07love to them
00:51:09according to
00:51:10Kraft Ebbing
00:51:10I masturbated
00:51:12too much
00:51:12when I was a
00:51:13child
00:51:14Havelock Ellis
00:51:15thinks that my
00:51:15dressing up in
00:51:16women's clothes
00:51:16is an aberration
00:51:18but then he also
00:51:19thinks that
00:51:20urinating and
00:51:21defecating over
00:51:22other people
00:51:22is great fun
00:51:23you see there
00:51:24are so many
00:51:25experts Mr. Lee
00:51:26yes
00:51:28I do see
00:51:29Lola
00:51:30how do you feel
00:51:31about the treatment
00:51:32Dr. Burlington
00:51:32gave you
00:51:34disgust
00:51:35the worst thing
00:51:36I've ever done
00:51:37in my life
00:51:37was to agree
00:51:38to let that
00:51:38person give me
00:51:39so called
00:51:40medical treatment
00:51:42she exposed me
00:51:43to a group
00:51:43of neurotics
00:51:45and when that
00:51:45didn't work
00:51:46made me vomit
00:51:46again and again
00:51:47why did you
00:51:48agree to that
00:51:49treatment
00:51:49well because
00:51:50I was full of
00:51:50guilt and fear
00:51:51about being a
00:51:52homosexual
00:51:53it took me
00:51:54a long time
00:51:54to realise
00:51:55it was the guilt
00:51:55and fear
00:51:56that were unnatural
00:51:57not my
00:51:57homosexuality
00:51:58do you still
00:51:58feel any guilt
00:51:59or fear
00:51:59certainly not
00:52:01I'm proud
00:52:02I'm gay
00:52:03I have a basic
00:52:04human right
00:52:04to be gay
00:52:05I have choice
00:52:06real choice
00:52:08I don't know
00:52:09about the
00:52:11psychological reasons
00:52:11or the
00:52:13physiological reasons
00:52:14I don't know
00:52:14about the
00:52:15chromosome reasons
00:52:16but I do
00:52:16know what I
00:52:17am
00:52:18I am a
00:52:19homosexual
00:52:19now feeling
00:52:20the way you
00:52:21do about
00:52:21Dr Burlington
00:52:22why did you
00:52:23cooperate
00:52:23and agree
00:52:24to be interviewed
00:52:25at the club
00:52:25because no matter
00:52:26what my personal
00:52:27feelings about
00:52:28Dr Burlington
00:52:29and the kind
00:52:29of medical view
00:52:30that she represents
00:52:30were
00:52:32I had a duty
00:52:33to speak up
00:52:33for the oppressed
00:52:34minority
00:52:34which I'm a member
00:52:35you mean the
00:52:36homosexuals in this
00:52:36country
00:52:37yes I do
00:52:38although
00:52:39when you remember
00:52:40that it has been
00:52:41publicly stated
00:52:42that this
00:52:43so-called minority
00:52:44which I'm a member
00:52:44is greater
00:52:45in this country
00:52:46than the number
00:52:47of Jews
00:52:47or Roman
00:52:49Catholics
00:52:50one begins
00:52:51to wonder
00:52:51whether that
00:52:51minority
00:52:52might not
00:52:52well be a
00:52:53majority
00:52:54certainly
00:52:55if every
00:52:56gay person
00:52:57in this country
00:52:58was to have
00:52:58the courage
00:52:59to stand up
00:52:59and be counted
00:53:01I think
00:53:02those who
00:53:02govern us
00:53:02and who make
00:53:03the laws
00:53:04by which we
00:53:04are forced
00:53:05to live
00:53:05might have
00:53:05a few shocks
00:53:07if every
00:53:08gay politician
00:53:09every gay
00:53:10lawyer
00:53:11every gay
00:53:12probation officer
00:53:12train driver
00:53:13surgeon
00:53:14priest
00:53:15minor
00:53:15footballer
00:53:16teacher
00:53:16and all the rest
00:53:17of them
00:53:17would only
00:53:18stand up
00:53:20who knows
00:53:21it might be
00:53:22the turn of the
00:53:22straits to be
00:53:23threatened
00:53:23now this
00:53:24interview that you
00:53:25gave to the
00:53:26reporter at
00:53:26Verity's club
00:53:27what did you
00:53:28talk to him
00:53:29about
00:53:30I talked about
00:53:31the way the
00:53:33medical profession
00:53:33in this country
00:53:34regards homosexuality
00:53:35as a sickness
00:53:37I talked about
00:53:38the politicians
00:53:39of this country
00:53:39who have one
00:53:40set of laws
00:53:41for the
00:53:42so-called
00:53:42normals
00:53:43and another
00:53:44set for people
00:53:45like me
00:53:45what do you
00:53:46mean another
00:53:46set for people
00:53:47like you
00:53:48the same laws
00:53:49govern all
00:53:49our people
00:53:50well I'm afraid
00:53:51they don't
00:53:51if you're normal
00:53:53and by normal
00:53:55I mean that you
00:53:55go to bed with
00:53:56people of the
00:53:56opposite sex
00:53:57then provided the
00:53:59person you're going
00:53:59to bed with
00:53:59consents
00:54:00you can do it
00:54:01if you're 16
00:54:02years of age
00:54:02or over
00:54:03you can do it
00:54:04in Scotland
00:54:05and Northern
00:54:05Ireland
00:54:06you can do it
00:54:07in the Merchant
00:54:07Navy
00:54:08you can do it
00:54:09in any of the
00:54:09armed forces
00:54:10you can advertise
00:54:11that you want
00:54:11to do it
00:54:11if like me
00:54:13you are a homosexual
00:54:14you are not allowed
00:54:15to do it in any
00:54:16of these instances
00:54:17although the age of
00:54:18consent for females
00:54:19is 16
00:54:20the age of full
00:54:21legal adulthood
00:54:22is 18
00:54:23the only item of
00:54:24legislation on the
00:54:25statute book
00:54:25where the age of 21
00:54:27is retained as
00:54:27dividing line
00:54:28is for consenting
00:54:29male homosexuals
00:54:31and that's what you
00:54:33were talked about
00:54:33when you were
00:54:34interviewed at
00:54:34Verity's Club
00:54:35that
00:54:36and a lot more
00:54:37besides
00:54:38I talked about
00:54:39the oppression
00:54:40facing a gay person
00:54:41attempting to get
00:54:42custody of their
00:54:42children
00:54:43about the way we
00:54:44are persecuted
00:54:45by the police
00:54:46and did the
00:54:46reporter write
00:54:47all of this down
00:54:47certainly did
00:54:49kept saying
00:54:50it would make
00:54:50great copy
00:54:51yes
00:54:52you've heard
00:54:53evidence given
00:54:54that during the
00:54:55course of the
00:54:55interview in the
00:54:56club towards the
00:54:57end of the evening
00:54:57your attitude
00:54:58became belligerent
00:54:59is that so
00:55:00yes that is
00:55:01correct
00:55:01why was that
00:55:03why
00:55:05because I
00:55:06realized that I'd
00:55:06been conned
00:55:08ripped off
00:55:09I beg your
00:55:09pardon
00:55:10oh
00:55:11ripped off
00:55:12exploited my
00:55:12lord
00:55:13and in a way
00:55:14that's just what
00:55:15that pair had
00:55:15done to me
00:55:17certainly the
00:55:18reporter had
00:55:18how did you
00:55:19discover this
00:55:19well the owner
00:55:21of the club
00:55:21Oscar
00:55:21he asked me
00:55:23who the guy
00:55:23was Linger
00:55:24the reporter
00:55:24I told him
00:55:26he freaked
00:55:27and he
00:55:28shared me
00:55:28a newspaper
00:55:29with one of
00:55:30Linger's articles
00:55:31in it and I
00:55:31freaked
00:55:32what do you
00:55:32mean
00:55:34well I realized
00:55:35that I'd been
00:55:35conned
00:55:37that all Linger
00:55:37wanted to do
00:55:38was to exploit
00:55:39the fact that
00:55:39I'm gay
00:55:40you know that
00:55:41sort of thing
00:55:42titillate while
00:55:42they pontificate
00:55:44moralize while
00:55:44they sensationalize
00:55:45so what did
00:55:46you do
00:55:47I went back
00:55:47and gave him
00:55:48a mouthful
00:55:49I told him
00:55:49just with the
00:55:50thought of him
00:55:50I said right
00:55:50you bastard
00:55:51if you want
00:55:52a screaming
00:55:52queen you
00:55:53can have one
00:55:53why did
00:55:54you say that
00:55:56because I felt
00:55:57bitter
00:55:58I felt
00:55:59cheated
00:56:00the only way
00:56:01I could think
00:56:01to head back
00:56:01was the way
00:56:02I actually did
00:56:03what did you
00:56:03actually do
00:56:04I became
00:56:05what he'd
00:56:05come looking
00:56:06for
00:56:07a raving
00:56:07screaming
00:56:08queen
00:56:10you know
00:56:10that sort
00:56:11of thing
00:56:11I went
00:56:12rushing up
00:56:12to people
00:56:13kissing them
00:56:14and shouting
00:56:14all those
00:56:15quaint words
00:56:16we homosexuals
00:56:17are supposed
00:56:17to be obsessed
00:56:18with
00:56:18I thought
00:56:19if you wanted
00:56:19a cliche
00:56:20you might as well
00:56:21get a good one
00:56:21now
00:56:22you've heard
00:56:23evidence given
00:56:24that you
00:56:25commented
00:56:25on
00:56:26Detective Sergeant Lent
00:56:28do you accept
00:56:28that evidence
00:56:29as being true
00:56:30oh yes
00:56:30that's true
00:56:31and this was
00:56:32part of the act
00:56:33you were putting
00:56:33on for the reporter
00:56:34was it
00:56:35oh no
00:56:36that was no act
00:56:37I fancied him
00:56:38did you
00:56:39oh yes
00:56:41he'd been looking
00:56:42at me all night
00:56:43as far as I was
00:56:44concerned
00:56:44he wanted to know
00:56:45now you've heard
00:56:46that police officer's
00:56:47evidence
00:56:47what do you have
00:56:48to say about
00:56:49his version
00:56:49of the events
00:56:50they are accurate
00:56:52except for the fact
00:56:53that he certainly
00:56:53did kiss me back
00:56:55and he never showed
00:56:56me any police
00:56:57identification
00:56:58now did you ask
00:56:59him to go back
00:57:00to your home
00:57:00of course I did
00:57:02I thought he was
00:57:03gay
00:57:03did you hit him
00:57:04yes I did
00:57:06right on the jaw
00:57:07as hard as I could
00:57:08why did you do that
00:57:10because he grabbed
00:57:11me and hurt me
00:57:13and said something
00:57:13about I was going
00:57:14to go where he
00:57:15wanted me to go
00:57:16now did you think
00:57:17at that moment
00:57:18that he was a
00:57:19policeman
00:57:19I certainly did
00:57:20not
00:57:21what I thought
00:57:22I thought he was
00:57:22rough trade
00:57:23when he grabbed
00:57:24me I thought
00:57:24the trade was
00:57:25a bit too rough
00:57:26so I whacked
00:57:28him
00:57:28you're quite certain
00:57:29in your own mind
00:57:30that when you
00:57:30spoke to him
00:57:31and you subsequently
00:57:32hit him
00:57:32you thought he
00:57:34was a fellow
00:57:34homosexual
00:57:35of course I did
00:57:37but I don't want to
00:57:38I don't want to hide
00:57:38behind that by asking
00:57:39for compassion
00:57:40or kindness
00:57:42I have come here
00:57:43to ask for the same
00:57:44justice that would be
00:57:45given to the straight
00:57:46to the hetero
00:57:47I thought he was gay
00:57:49that's why I chatted
00:57:50him up
00:57:50that's why I kissed
00:57:51him
00:57:52why he kissed me back
00:57:54is his problem
00:57:55well maybe he did
00:57:56make a genuine mistake
00:57:57maybe he thought I
00:57:58really was a woman
00:58:00or maybe she's a
00:58:00closet queen
00:58:02what is a closet queen
00:58:04well it's the vast
00:58:05number of homosexuals
00:58:06in this country
00:58:07people are afraid
00:58:08to stand up and say
00:58:09that they are
00:58:11homosexuals
00:58:12I see
00:58:12Mr Lee
00:58:14oh I
00:58:15have no further
00:58:16questions my lord
00:58:19I have no questions
00:58:20to ask the defendant
00:58:21Milana
00:58:22really Mrs Forrest
00:58:23no Milana
00:58:25in my view
00:58:26he has admitted
00:58:27his guilt to the
00:58:28charges he faces
00:58:28while answering
00:58:29his own counsel's
00:58:30questions
00:58:31anything I would
00:58:32ask him would be
00:58:33superfluous
00:58:40your full name
00:58:41is Oscar Douglas
00:58:42sure is
00:58:43are you the owner
00:58:43of a club situated
00:58:44in Earlham Street
00:58:45Forchester
00:58:45a club named
00:58:46Verities
00:58:47that's right
00:58:47it's my club
00:58:48what would you say
00:58:49if I told you
00:58:50that the night
00:58:50Martin was arrested
00:58:51the police were
00:58:53in your club
00:58:53looking for drug
00:58:54catholic
00:58:55I'd say some
00:58:56bum and handed you
00:58:56a lot of bullshit
00:58:58Mr Douglas
00:58:59you appear to have
00:59:00some posterior
00:59:02obsession
00:59:02would you
00:59:03moderate your
00:59:04length
00:59:08do you recall
00:59:09that particular
00:59:10night
00:59:10please Mr Douglas
00:59:12you bet I do
00:59:13never had trouble
00:59:13like that before
00:59:15now do you recall
00:59:16any conversation
00:59:16that you had
00:59:17with Lola Martin
00:59:17before he was
00:59:18arrested
00:59:18sure I recall
00:59:20warning him
00:59:20about that reporter
00:59:21he was talking to
00:59:22why did you warn him
00:59:23well I knew
00:59:24the guy was
00:59:25two-faced
00:59:26I'd read some
00:59:26of the stuff
00:59:27he'd written
00:59:27earlier for the
00:59:28Gazette
00:59:28did you tell
00:59:29Lola about
00:59:29any of that
00:59:30stuff
00:59:30right
00:59:30showed her
00:59:31one of the
00:59:32articles too
00:59:33bunch of crap
00:59:34about some
00:59:35poor girl
00:59:35with an
00:59:36illegitimate kid
00:59:37what was
00:59:37Lola Martin's
00:59:38reaction
00:59:39he freaked
00:59:39I heard him
00:59:40go back to
00:59:41the table
00:59:41and really
00:59:42get into
00:59:42that reporter
00:59:42did you see
00:59:44and do you
00:59:44see now
00:59:45anyone else
00:59:46in the
00:59:46court
00:59:46who was
00:59:47in the
00:59:47club
00:59:47that
00:59:47evening
00:59:49yeah
00:59:49that dame
00:59:50over there
00:59:51and the guy
00:59:52sitting in front
00:59:52of her
00:59:53turned out
00:59:53to be a cop
00:59:54turned out
00:59:55to be a cop
00:59:56you didn't
00:59:56know prior
00:59:57to that evening
00:59:58that he was
00:59:59a policeman
00:59:59no I didn't
01:00:00didn't know
01:00:01about his
01:00:01boyfriend
01:00:02being police
01:00:02either
01:00:03but aren't
01:00:04both the
01:00:04policemen
01:00:05members of
01:00:05the club
01:00:05of course
01:00:06they are
01:00:07but they
01:00:07joined under
01:00:07assumed names
01:00:08I didn't
01:00:08know they
01:00:09were police
01:00:09would you
01:00:10have still
01:00:10let them
01:00:10join
01:00:11if you
01:00:11hadn't
01:00:11known
01:00:11that they
01:00:12were
01:00:12policemen
01:00:13sir
01:00:14I'm a
01:00:14realist
01:00:15of course
01:00:15I'd have
01:00:16let them
01:00:16join
01:00:16you don't
01:00:17run a
01:00:18police
01:00:18are happy
01:00:18with it
01:00:19but if
01:00:19I'd
01:00:19known
01:00:20they
01:00:20were
01:00:20police
01:00:20and that
01:00:21they
01:00:21were
01:00:21looking
01:00:22for
01:00:22drugs
01:00:22I
01:00:23would
01:00:23have
01:00:23told
01:00:23them
01:00:23that
01:00:24they're
01:00:24wasting
01:00:24their
01:00:24time
01:00:24like I said
01:00:25I run a
01:00:26clean joint
01:00:27now if you
01:00:28were not aware
01:00:29that they were
01:00:29police officers
01:00:30did you form
01:00:30any conclusions
01:00:31as to who
01:00:32or what
01:00:32they might be
01:00:33I thought
01:00:34they were
01:00:34either gays
01:00:35or charabank
01:00:35trade
01:00:36I beg your
01:00:36pardon
01:00:38charabank
01:00:38trade
01:00:38your honor
01:00:39people who
01:00:39like to mix
01:00:40with gays
01:00:40but who
01:00:41aren't gay
01:00:42themselves
01:00:42ah
01:00:42rather like
01:00:43supporters of
01:00:44a football team
01:00:45they don't
01:00:46actually play
01:00:47themselves
01:00:47but they like
01:00:48to watch
01:00:49others who
01:00:49do
01:00:49yeah
01:00:50never thought
01:00:51of it like
01:00:51that
01:00:52thank you
01:00:53thank you
01:00:54my lord
01:00:55now we've
01:00:56heard evidence
01:00:56that Lola Martin
01:00:57used the
01:00:58ladies toilet
01:00:59that night
01:01:00you are aware
01:01:01are you not
01:01:01that Lola Martin
01:01:02is a man
01:01:02of course I am
01:01:03you mean it's
01:01:04permissible for men
01:01:05to use the ladies
01:01:06toilets in your club
01:01:07if they're in drag
01:01:09they use the ladies
01:01:09if they're dressed as men
01:01:11they use the gents
01:01:12it's rather an unusual
01:01:13arrangement surely
01:01:14I've never had any
01:01:15complaints
01:01:15I see
01:01:17now were you present
01:01:18when Lola Martin
01:01:19was arrested
01:01:19and brought back
01:01:20into the main
01:01:20area of the club
01:01:22yes I was
01:01:23one of the leather
01:01:24guys who later
01:01:25turned out to be a cop
01:01:26had a hold of Lola
01:01:27who was struggling
01:01:29Lola let out a shout
01:01:30about the joint
01:01:30being raided
01:01:31most of the customers
01:01:32just started laughing
01:01:33couldn't believe it
01:01:34I guess
01:01:35then this other guy
01:01:36in leather
01:01:36leaps up
01:01:37grabs hold of Lola
01:01:38and they hustle him
01:01:39outside
01:01:39and that was the
01:01:40first indication
01:01:41you had
01:01:41that these two men
01:01:42were police officers
01:01:43certainly was
01:01:44Mr. Douglas
01:01:45thank you very much
01:01:50this club
01:01:51you run
01:01:52what about it
01:01:53you referred to it
01:01:54just now as
01:01:55a clean joint
01:01:56is that right
01:01:56that's right
01:01:57well I put it to you
01:01:58that it's hardly clean
01:01:59a meeting place
01:02:00for transvestites
01:02:01for homosexuals
01:02:02what's the matter
01:02:03with gays having
01:02:04a drinking club
01:02:04you are here
01:02:05to answer my questions
01:02:06I'm not here
01:02:07to answer yours
01:02:08well ask me a question
01:02:09that requires an answer
01:02:10not crap like that
01:02:11Mr. Douglas I've warned you
01:02:12once before
01:02:12please moderate your language
01:02:14you accept that your club
01:02:16is a notorious meeting place
01:02:18for homosexuals
01:02:19do you?
01:02:20not notorious lady
01:02:21famous
01:02:22you make your money
01:02:23out of providing
01:02:24a drinking club
01:02:25for homosexuals
01:02:26and other deviants
01:02:27is that right?
01:02:29that's right lady
01:02:30presumably any riffraff
01:02:32can join this place
01:02:33oh no ma'am
01:02:34for example
01:02:35I wouldn't let you join
01:02:37could the witness
01:02:38be asked to refrain
01:02:39from making insulting remarks
01:02:40Mr. Douglas
01:02:41Mrs. Forrest
01:02:42is not applying
01:02:43for membership
01:02:43I must warn you
01:02:44that you are very close
01:02:45to committing contempt
01:02:46of court
01:02:47now would you just
01:02:47answer the question
01:02:48please
01:02:48thank you Miland
01:02:50Mr. Douglas
01:02:51this club of yours
01:02:52it was considered
01:02:53by the police
01:02:54to be a scene
01:02:55for drug trafficking
01:02:55to such an extent
01:02:57that they've been
01:02:57keeping observation
01:02:58on it for a number
01:02:59of months
01:02:59now would that
01:03:01not suggest to you
01:03:02that there is no smoke
01:03:03without fire?
01:03:04what it suggests to me
01:03:06is that
01:03:07for reasons of their own
01:03:08I don't know them
01:03:09they figured somebody
01:03:11might be pushing
01:03:12in my place
01:03:13what it also suggests to me
01:03:14is that they should
01:03:15go on an efficiency course
01:03:16I've never even been busted
01:03:17for being open
01:03:18a minute after time
01:03:19let alone for running
01:03:20a joint where drugs
01:03:21get pushed
01:03:21no?
01:03:22well perhaps you
01:03:23can tense yourself
01:03:24with running a joint
01:03:25for mentally sick people
01:03:26and exploiting them
01:03:27by taking their money
01:03:29and profiting
01:03:30from their deviancy
01:03:31who are these
01:03:32mentally sick people lady?
01:03:34the homosexuals
01:03:35that frequent your club
01:03:36in that case
01:03:38include me in
01:03:39I'm gay too you know
01:03:40I have no further questions
01:03:47when I talk of the evidence
01:03:49I do not mean
01:03:50what Kraft Ebbing
01:03:51wrote about homosexuals
01:03:53or what the late
01:03:54Archbishop of Canterbury
01:03:55said of them
01:03:55I refer to the evidence
01:03:57relating to the two
01:03:58offences
01:03:59with which the defendant
01:04:00is charged
01:04:01namely
01:04:03persistently
01:04:03importuning
01:04:04for an immoral purpose
01:04:05and assaulting
01:04:07a police officer
01:04:08in the execution
01:04:08of his duty
01:04:09you have heard
01:04:11the evidence
01:04:11of Detective Sergeant Lent
01:04:13of how the accused
01:04:14said to him
01:04:15why don't you come back
01:04:16to my place
01:04:17we could have a lot of fun
01:04:18you have heard
01:04:19that officer testify
01:04:20how when he attempted
01:04:22to arrest the accused
01:04:23he was hit
01:04:23and hit hard
01:04:24at the struggle
01:04:25that ensued
01:04:26so violent
01:04:27as a struggle
01:04:28that a fellow officer
01:04:29was obliged to go
01:04:29to Sergeant Lent's aide
01:04:32astonishingly
01:04:32you have heard
01:04:33the defendant
01:04:34confirm that evidence
01:04:37he agrees
01:04:39he tried to pick up
01:04:40the officer
01:04:41with a view
01:04:41to having sexual
01:04:43intercourse with him
01:04:44he agrees
01:04:45that he hit him
01:04:48you will remember
01:04:49that I did not
01:04:49cross-examine
01:04:50the accused
01:04:51well what was the point
01:04:52he had freely
01:04:53admitted his guilt
01:04:54while being questioned
01:04:55by his own counsel
01:04:56what is his defence
01:04:58it is
01:05:00I thought Sergeant Lent
01:05:02was a homosexual
01:05:03I did not know
01:05:05he was a police officer
01:05:06well
01:05:07the fact that Lent
01:05:08was indeed
01:05:09a police officer
01:05:09is absolutely
01:05:10irrelevant in this case
01:05:12Martin is not
01:05:13the first person
01:05:14to appear in the courts
01:05:15of this country
01:05:15because he did not
01:05:16realise
01:05:17that a plainclothes
01:05:18police officer
01:05:19was in fact
01:05:20a policeman
01:05:22my learned friend
01:05:23may well talk to you
01:05:24of agent provocateur's
01:05:26police
01:05:26or their agents
01:05:28who encourage people
01:05:29to commit crimes
01:05:30they would not
01:05:31have otherwise committed
01:05:32well
01:05:33in this case
01:05:34as in all cases
01:05:35you will take the law
01:05:36from my lord
01:05:37but my view of it
01:05:38based on a judgment
01:05:40from the court of appeal
01:05:41is that agent provocateurs
01:05:43are necessary
01:05:44within our society
01:05:45and that although
01:05:46their role
01:05:46in any particular case
01:05:47might affect sentence
01:05:48it does not affect
01:05:50the question of guilty
01:05:51or not guilty
01:05:53I believe that
01:05:54having considered
01:05:55all of the evidence
01:05:56in this case
01:05:57you will be left
01:05:58with only one conclusion
01:06:00that the defendant
01:06:01is guilty
01:06:02on both counts
01:06:13as for homosexuals
01:06:16being mentally sick
01:06:17now that seems to me
01:06:18to be an echo
01:06:19of the view
01:06:20expressed by
01:06:21Dr Burlington
01:06:21in the witness box
01:06:22when she extolled
01:06:24the disgusting practices
01:06:25of aversion therapy
01:06:26I find it ironic
01:06:28that the doctor
01:06:29has just returned
01:06:30from a highly paid tour
01:06:31of the United States
01:06:32where she expounded
01:06:33her punitive views
01:06:34in some 15 colleges
01:06:36and universities
01:06:37ironic
01:06:38because in 1974
01:06:40the American Psychiatric Association
01:06:43removed homosexuality
01:06:45from its list
01:06:46of psychiatric diseases
01:06:47at least
01:06:49no longer consider
01:06:49it a newness
01:06:51now my learned friend
01:06:53remarked
01:06:53that you may find
01:06:54Lola Martin's attire
01:06:55offensive
01:06:56you may
01:06:57but do you consider
01:06:58it offensive
01:06:59when Danny LaRue
01:06:59entertains us
01:07:00do you consider
01:07:01it offensive
01:07:02when Dick Emery
01:07:03or Benny Hill
01:07:03dress in women's clothes
01:07:05was society outraged
01:07:07when the National Theatre
01:07:08in 1967
01:07:09produced Shakespeare's
01:07:11As You Like It
01:07:11with an all-male cast
01:07:12many of them
01:07:14of course
01:07:14dressed as women
01:07:17when men
01:07:18of the talent
01:07:18and reputation
01:07:19of Lord Olivier
01:07:20and Sir Alec Guinness
01:07:22performed as women
01:07:23were you scandalised
01:07:24did you walk out
01:07:25of the theatres
01:07:26and the cinemas
01:07:27when Tony Curtis
01:07:28and Jack Lemmon
01:07:28cavorted in the movie
01:07:29Some Like It Hot
01:07:30dressed as women
01:07:32do you ban your children
01:07:33from listening to The Who
01:07:34when they sing songs
01:07:35like I'm a Boy
01:07:36or stop them watching
01:07:37singers like Mick Jagger
01:07:39or David Bowie
01:07:40when they appear
01:07:40in women's clothes
01:07:42do you pick at the theatres
01:07:43during the pantomime season
01:07:45because of the panto dames
01:07:48men dressed as women
01:07:51Verities is a club
01:07:52for homosexuals
01:07:53my client is
01:07:55a homosexual
01:07:56he saw that policeman
01:07:58dressed in a classical
01:07:59homosexual outfit
01:08:00he smiled at the man
01:08:01who smiled back
01:08:02he kissed the man
01:08:04and a sworn on oath
01:08:05that the police officer
01:08:07returned that kiss
01:08:08now you will have formed
01:08:10your own opinion
01:08:11of Lola Martin
01:08:11but I venture to submit
01:08:13that whatever that opinion
01:08:15you will agree with me
01:08:16that he's an honest man
01:08:20I contend that Lola Martin
01:08:22was incited
01:08:23to break the law
01:08:24by that officer
01:08:25now with regard
01:08:26to the court of appeal
01:08:27ruling
01:08:27that the use of
01:08:28agent provocateurs
01:08:29is acceptable
01:08:30I would remind you
01:08:31that that court ruling
01:08:32was made
01:08:33in 1974
01:08:35it has been considerably
01:08:36modified since that date
01:08:38I would refer you
01:08:39to two cases this year
01:08:42in July 1976
01:08:44at the Old Bailey
01:08:47two men were charged
01:08:48with dealing in cannabis
01:08:49worth 14,000 pounds
01:08:51they were acquitted
01:08:53after direction
01:08:54from the judge
01:08:54he didn't even bother
01:08:55to send the jury out
01:08:56they were acquitted
01:08:57by Judge Gillis
01:08:58after it became clear
01:08:59during the course
01:09:00of the trial
01:09:00that the two defendants
01:09:02had been tricked
01:09:03by an agent provocateur
01:09:06in September
01:09:07in September of this year
01:09:08a jury returned
01:09:09a verdict of not guilty
01:09:10in a case involving
01:09:12alleged importuning
01:09:13in a men's lavatory
01:09:14they returned that verdict
01:09:17after the defense
01:09:18counsel's insistence
01:09:19that the police officer
01:09:20in this case
01:09:21had acted
01:09:22as an agent provocateur
01:09:24now you may agree
01:09:25that Detective Sergeant Lent
01:09:27played the same role
01:09:28in this case
01:09:29if you do
01:09:30you must acquit
01:09:31my client
01:09:32on both charges
01:09:37if you believe
01:09:38that Detective Sergeant Lent
01:09:40enticed the accused
01:09:41if you believe
01:09:43that the police officer
01:09:44encouraged him
01:09:45then it is your duty
01:09:47to acquit
01:09:48the defendant
01:09:49both counsel
01:09:51have expressed their views
01:09:52concerning the role
01:09:53of agent provocateur
01:09:54clearly there is
01:09:55a divergence of opinion
01:09:57not only between counsel
01:09:58but also between
01:09:59the various law opinions
01:10:01that they cite
01:10:02I direct you
01:10:03that each case
01:10:05must be taken
01:10:05on its own
01:10:06particular merits
01:10:08there are guidelines
01:10:09laid down
01:10:09for police officers
01:10:10in this area
01:10:11that line clearly
01:10:13distinguishes
01:10:13between acceptable
01:10:15cooperation
01:10:16with suspects
01:10:17and unacceptable
01:10:19provocation
01:10:20to commit
01:10:22offenses
01:10:24I leave it to you
01:10:25to determine
01:10:25whether the police
01:10:27stayed on the right
01:10:27side of that line
01:10:29or whether
01:10:30they ventured
01:10:31over it
01:10:32I must ask you
01:10:34now to retire
01:10:34elect the foreman
01:10:36and consider
01:10:38your verdict
01:10:43will your foreman
01:10:44please stand
01:10:45just answer this
01:10:46question
01:10:47yes or no
01:10:48have you reached
01:10:49a verdict
01:10:50upon which
01:10:50you are all agreed
01:10:51yes
01:10:51on the first count
01:10:53of persistently
01:10:53importuning
01:10:54for an immoral purpose
01:10:55do you find the
01:10:56defendant Lola Martin
01:10:57guilty
01:10:58or not guilty
01:10:59not guilty
01:11:00on the second count
01:11:01of assaulting a police
01:11:02officer in the
01:11:03execution of his duty
01:11:04do you find the
01:11:05defendant Lola Martin
01:11:06guilty or not guilty
01:11:08not guilty
01:11:12Lola Martin
01:11:13you have been
01:11:14acquitted on both
01:11:15counts
01:11:16you are free
01:11:17to leave this court
01:11:20girls will be boys
01:11:21and boys will be girls
01:11:23it's mixed up
01:11:24muddled up
01:11:25shook up
01:11:25world
01:11:26except my Lola
01:11:27la la la la
01:11:30la la
01:11:32well I left
01:11:34halt just a week
01:11:35before
01:11:35and I'd never
01:11:37ever kissed
01:11:37a woman before
01:11:38but all her smile
01:11:40took me by the
01:11:41the cases in
01:11:42Forchester are
01:11:42fictitious
01:11:43and our cameras
01:11:44return to bring you
01:11:44another leading case
01:11:45from the Crown Court
01:11:46home
01:11:47the
01:11:49the
01:11:50house
01:11:50they
01:11:51the
01:11:52the
01:11:52home
01:11:53tomorrow
01:11:53is
01:11:55okay
01:11:55why
01:11:59them
01:12:01they
01:12:01they
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