Crown Court - Immoral Earnings (1974) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  Twenty-year-old Mary Hepple offers astrological readings under the name of "Miss Virgo". Although she works from a basement flat, she is paying rent of £50 per week, far above the standard for similar properties. The prosecution claims that her "business" is nothing but a cover for prostitution. However, it is not Mrs. Hepple who is on trial but her landlord, Dr. Paul Napier. Character actor TP McKenna appears as the defendant. Lynne Miller, who would later appear in Within These Walls and The Bill, plays Mrs. Hepple. Warren Clarke, known at the time for Kubrick's Clockwork Orange and later as Dalziel and Pascoe, plays Det. Sgt. McCovey.

Transcript

00:00:16In the trial which starts today in the Fulchester Crown Court,

00:00:20the defendant, Dr Paul Napier,

00:00:22faces a charge of living wholly or in part on the earnings of a prostitute.

00:00:44The prosecution has called its first witness Detective Sergeant Ralph McCovey.

00:00:50I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing

00:00:53but the truth.

00:00:54Detective Sergeant Ralph McCovey, Fulchester CID, my lord.

00:00:58Detective Sergeant McCovey, how long have you been with the Fulchester Police Force?

00:01:02Eleven years.

00:01:03So you've been in the police force since you were eighteen?

00:01:05That's correct.

00:01:06Now, Sergeant, are you the officer who's been in charge of the investigations leading up to this case?

00:01:10I am.

00:01:11Now, will you tell us when you first became involved in these investigations?

00:01:15May I consult my notebook, my lord?

00:01:16Well, no, Mr Tate.

00:01:17My lord, if I may assist, I have seen a copy of the notes. I have no objection.

00:01:21Thank you, Mr Tate. Yes, Sergeant.

00:01:24Thank you, my lord.

00:01:25As a result of information received, I kept watch on certain premises in Motcombe Road, Fulchester, the basement flat at

00:01:31number 36.

00:01:32When did you keep watch, Sergeant?

00:01:33On May the 16th, 17th and 18th, between 2pm and 10pm each day.

00:01:38And what, if anything, did you observe?

00:01:40On the 16th, I saw four men go to the door of the basement.

00:01:43One moment, please. Four men, together or by themselves?

00:01:48By themselves.

00:01:49Each one went to the flat, rang the bell, the door opened, they went inside, stayed about half an hour.

00:01:54Yes, and on the 17th?

00:01:55There were three such visitors.

00:01:57And on the 18th?

00:01:58Seven, sir.

00:01:58And on each occasion, the pattern more or less repeated itself, a visit of about half an hour?

00:02:03Well, there were some who stayed longer. The longest was about an hour and a half.

00:02:07And did you keep any further watch?

00:02:08No, sir.

00:02:09Now, did you observe something else at about the same time?

00:02:13Yes, it was about this time that my attention was drawn to an advertisement.

00:02:16An advertisement at a newsagent's window.

00:02:19You went to the shop yourself to inspect it?

00:02:21Yes.

00:02:21Will you describe the advertisement?

00:02:23Yes, it was on a card, about the same size as a postcard, placed horizontally.

00:02:27On the left side was a photo, a photo of a young woman, head and shoulders facing front.

00:02:32On the right side was the text of the advertisement, which read,

00:02:36What your stars foretell.

00:02:39Have your chart drawn up.

00:02:41Miss Virgo will reveal all.

00:02:44Miss who will reveal all?

00:02:46Miss Virgo, my lord.

00:02:47One of the signs of the zodiac.

00:02:48Yes, I'm well aware of that.

00:02:50As a matter of fact, it happens to be by...

00:02:51Yes, well, who was it who drew your attention to this advertisement?

00:02:56One of the constables on the beat in that area, my lord.

00:02:59I see.

00:03:00Yes.

00:03:01Was there anything else on the card?

00:03:04Anything else?

00:03:04Oh, yes.

00:03:05The phone number and the words, ring for appointment, followed by the telephone number.

00:03:09May the sergeant be shown exhibit one, please.

00:03:14Is that the advertisement?

00:03:15Yes.

00:03:21Yes, sergeant.

00:03:22I'm not quite clear what connection there is between this advertisement and the house that you had under Surveld.

00:03:29There was no direct connection, my lord, until I rang the number.

00:03:33I see.

00:03:35When did you do that?

00:03:36The 20th.

00:03:37May the 20th, my lord.

00:03:38Hmm?

00:03:40To whom did you speak, sergeant, when you telephoned that number?

00:03:43A woman.

00:03:44I asked to speak to Miss Virgo.

00:03:45She said she was Miss Virgo.

00:03:47I said I was ringing about the advert in the newsagent's window.

00:03:50She asked if I wanted to make an appointment.

00:03:52I said yes, I did.

00:03:53She said she could give me one the following day at three o'clock.

00:03:56I asked...

00:03:57Oh, I said that would be all right.

00:03:58And then I asked what the fee would be, and she said that would depend.

00:04:01You asked her how much it was going to cost, and Miss Virgo then said that would depend.

00:04:06Yes.

00:04:06She said the initial consultation was five pounds.

00:04:09What did you infer by that?

00:04:11Well, I inferred that there might be extras.

00:04:14Extras, yes.

00:04:16Did Miss Virgo then give you her address?

00:04:18Yes.

00:04:18She said it was the basement flat at number 36 Motcombe Road, the entrance being at the side of the

00:04:22house.

00:04:23And this was the house upon which you had been keeping what?

00:04:26That's correct, my lord.

00:04:27You kept the appointment?

00:04:29Yes.

00:04:29Will you describe what took place?

00:04:31Well, she took my coat, and I said that...

00:04:33One moment, please.

00:04:34Miss Virgo took your coat?

00:04:36Yes.

00:04:37Well, the flat was warm.

00:04:39In fact, it was overheated.

00:04:41I sat on a sofa, and Miss Virgo sat at her desk.

00:04:44She asked me questions concerning my birthday, the date, the time.

00:04:48Oh, yes.

00:04:48First, she asked if I'd ever had an astrology reading before.

00:04:51I said no.

00:04:52She asked if I was genuinely interested in astrology, or if I'd just come out of curiosity.

00:04:57I said I was genuinely interested.

00:04:59She then interpreted my stars, what planets were in the ascendancy, what was in store for me in the near

00:05:05future in the way of good luck, bad news, etc.

00:05:08After which, she asked if I wanted her to compile my zodiac chart.

00:05:13I asked what that entailed.

00:05:14She said it would take a few days to do, and I'd have to come back for it the following

00:05:17week.

00:05:18It would cost ten pounds.

00:05:20I said...

00:05:20Now, was that ten pounds over and above the five pounds for the initial reading?

00:05:25Yes.

00:05:26I said I would think about that.

00:05:28She said I could give her a ring if I decided to have it done.

00:05:31She then asked for the five pounds.

00:05:32And you gave it to her?

00:05:33Not right away.

00:05:35I then said, is that all?

00:05:37And she said, how do you mean?

00:05:39I said, well, do I go now?

00:05:41And she said, what did you expect?

00:05:43I said, I'm not sure, really.

00:05:45She then got up from behind the desk and came over and sat on the sofa.

00:05:48She got up and came over and sat next to you on the sofa?

00:05:51Yes.

00:05:52She said, do you want...

00:05:53Close to you?

00:05:54Quite close.

00:05:56She said, do you want to stay a bit longer?

00:05:58I said, I wouldn't mind.

00:06:00She said, you haven't come here for sex, have you?

00:06:03I said, I wouldn't say no.

00:06:06She said, why?

00:06:07I said, well, you've got a smashing figure for a start.

00:06:11You said you've got a smashing figure for a start?

00:06:13Yes, I said that, yes.

00:06:15Why, Sergeant, how much of her figure had you seen?

00:06:17Well, she was wearing a tight-fitting sweater and a short skirt.

00:06:22Was she?

00:06:24Please go on, Sergeant.

00:06:25She said, I'm not a whore, you know.

00:06:28I said, I'm sure you're not.

00:06:30She said, if you want to stay longer,

00:06:32I'll have to ask you to pay for the chart being drawn up,

00:06:34which is £10, and to sign this form.

00:06:36So Miss Virgo then said, if you want to stay longer,

00:06:41I'll have to ask you to pay for the chart being drawn up,

00:06:45which is £10, and to sign this form.

00:06:48Yes.

00:06:49Then what?

00:06:50She got up and went back to the desk to get a printed form,

00:06:52which she gave to me.

00:06:54At this moment, the baby started to cry.

00:06:56The baby started to cry?

00:06:58Yes, my lord.

00:07:00Well, where?

00:07:00Where was the baby?

00:07:02In the next room, my lord.

00:07:03Miss Virgo said, oh, excuse me, I'll be back in a minute,

00:07:06and then she went into the next room.

00:07:09And what did you do, Sergeant?

00:07:11I read the form she'd given me.

00:07:13It said that the fee of £15 was for consultation,

00:07:17astroanalysis, and zodiac chart,

00:07:19with a space below for the date and signature.

00:07:21Did you sign it?

00:07:22No, I dropped it on the desk together with a £5 note

00:07:24and left the flat.

00:07:26Will you describe the room in which you were entertained?

00:07:30Well, it was sort of cosy and feminine with subdued lighting.

00:07:35Subdued lighting.

00:07:36This was 3 o'clock in the afternoon, wasn't it?

00:07:39Yes, but the curtains were closed.

00:07:40The curtains were closed at 3 in the afternoon

00:07:42and the room was in subdued lighting.

00:07:45Yes, and then there was a bed in the corner of the room.

00:07:47Ah, then there was the bed.

00:07:48Where was the bed?

00:07:50In a corner of the room,

00:07:51with a red satin bedspread on it.

00:07:53A red satin bedspread.

00:07:56Red satin.

00:07:57What did you do next, Sergeant?

00:07:59My next move was on the following day, May the 21st.

00:08:03I called at number 36 Mockham Road to see Dr Paul Napier,

00:08:07whom I had ascertained was the owner of the house.

00:08:09He lived on the ground floor.

00:08:10Perhaps you'd better describe the general layout of the house.

00:08:13Yes, it was divided into four flats, one on each floor.

00:08:17Dr Napier himself lived on the ground floor.

00:08:19There were two upstairs and there was a flat in the basement.

00:08:23Were the two flats upstairs also occupied?

00:08:25Yes.

00:08:26Did you then call on Dr Napier?

00:08:27Yes, it was 10 a.m.

00:08:29The accused answered the door.

00:08:31I identified myself and I said right out

00:08:34that I had reason to believe that the basement flat

00:08:36was being used for the purposes of prostitution.

00:08:38What was his reaction?

00:08:39He denied it.

00:08:40He said he knew the young lady personally and he was quite sure...

00:08:42Excuse me, he said he knew the young lady personally?

00:08:45Yes, and he was quite sure she was not a prostitute.

00:08:48I said, are you aware that the flat is being used for business purposes?

00:08:52He said, yes, I understand it is being used for astrology readings.

00:08:56I said, I have reason to believe it is being used for more than that.

00:09:00I then asked what rent was being paid for the basement flat

00:09:02and he said £50.

00:09:04£50? A month?

00:09:06No, my lord.

00:09:07I said a month and he said, no, a week, my lord.

00:09:12Furnished or unfurnished?

00:09:13Furnished, my lord.

00:09:15How large was the flat?

00:09:16Two rooms, kitchen and bath, my lord.

00:09:20Well, do you know what was the rent of the other flats in the same building?

00:09:26Yes, my lord.

00:09:27I said, who is the tenant of the top floor?

00:09:29He said, Mr Roberts.

00:09:31I said, what is his rent?

00:09:32And he said, £8 per week.

00:09:34I said, who is the tenant of the first floor?

00:09:36And he said, Mr and Mrs Hurst.

00:09:38I asked what the rent was and he said £9 per week, my lord.

00:09:43Were the flats upstairs about the same size as the one in the basement?

00:09:48Just about, yes.

00:09:49And were they also furnished?

00:09:50Yes.

00:09:52So let's get this quite clear, Sergeant.

00:09:55The rent that the accused admitted he was charging for the basement flat

00:09:59was virtually three times the amount he was charging for the other two flats put together.

00:10:04That's correct.

00:10:05I pointed this out to Dr Napier and he said he was quite capable of doing that sum himself.

00:10:10I asked him if he was aware that it was an offence to live wholly or impart on the immoral

00:10:14earnings of a prostitute.

00:10:15And he said he was well aware of it, but he was doing no such thing.

00:10:18I then terminated the interview.

00:10:20How many interviews did you have with the accused?

00:10:22Four, including the last one when I cautioned and arrested him.

00:10:25I saw him on May the 21st and the 9th, 17th and 25th of June.

00:10:32On both the 9th and the 17th of June, I made it clear to him that the police would be

00:10:36satisfied

00:10:37and no further action taken if he would only evict Miss Virgo from the basement flat.

00:10:41Was he in a position to do so?

00:10:43Oh, yes, it being a furnished tenancy on a weekly basis and not being protected by the rent acts.

00:10:48But he was not interested in doing so.

00:10:50He was quite satisfied with the situation the way it was.

00:10:53Oh, he was more than satisfied.

00:10:55Oh, he was laughing.

00:10:57He got a little gold mine down there in the basement.

00:11:11Detective Sergeant McCovey, throughout your evidence,

00:11:14you have referred to the tenant of the basement flat as Miss Virgo.

00:11:18But that is not her name, as you are well aware.

00:11:21Well, that's her professional name, and this case is to do with her professional activities.

00:11:25Well, what is the name of the tenant of the basement flat at 36 Motcombe Road?

00:11:30Mary Heppel.

00:11:31Miss or Mrs?

00:11:33Mrs.

00:11:35Mrs. Mary Heppel, and that is the name to which I will refer to her by,

00:11:39and that is the name under which she will appear as a witness for the defence.

00:11:43Now, Sergeant McCovey, you have described that during a six-week period in May and June of this year,

00:11:50you had four interviews with the defendant, Dr. Paul Napier?

00:11:53That's correct.

00:11:54You also described one meeting you had with Mrs. Heppel,

00:11:58and that was the occasion when, posing as a client,

00:12:01you went to her basement flat for an astrology reading.

00:12:04Now, we'll come back to that meeting in a moment,

00:12:06but first I want to ask you if you had any other meetings with Mrs. Heppel.

00:12:12Yes.

00:12:13How many?

00:12:14Two.

00:12:14And when did they take place?

00:12:16In June.

00:12:17Before or after the defendant was charged with this offence?

00:12:21Once before and once after.

00:12:22Well, you didn't mention those meetings with Mrs. Heppel in your evidence-in-chief.

00:12:27I wasn't asked about them.

00:12:29Quite so.

00:12:30My learned friend chose not to ask you.

00:12:33Perhaps you'd tell us something about them.

00:12:36Well, I went to see Miss Virgo,

00:12:38Mrs. Heppel, accompanied by a woman police officer,

00:12:41and I told her that we had reason to believe she was using the basement flat

00:12:44for the purposes of prostitution.

00:12:46As a result of which, there were charges pending against a landlord, Dr. Napier.

00:12:50And did she recognise you from the time you'd come to have your stars read?

00:12:53Yes.

00:12:53What was her reaction?

00:12:55Not much.

00:12:55It didn't seem to bother her.

00:12:56She wasn't angry at the trick that you played on her?

00:12:59No, she was amused, or pretended to be.

00:13:02What else did you speak to her about?

00:13:04I told her that I believed the whole astrology thing to be just a front,

00:13:08a cover-up for being on a bash.

00:13:11On the bash, my lord, meaning...

00:13:12Yes, yes, Miss Tate, I know all about being on the bash.

00:13:16That is to say, Mr. Lotterby,

00:13:17I understand what the phrase means.

00:13:22Well, Sergeant,

00:13:23how did Mrs. Heppel react to your accusation?

00:13:27Well, she denied it, my lord.

00:13:29She said I was being very insulting.

00:13:31She said she wouldn't dream of taking a penny for sex.

00:13:33She said she wouldn't take a penny for sex.

00:13:36Yeah.

00:13:37Well, I told her to come off it,

00:13:38and that the best thing she could do

00:13:39was to stop putting on a show and cooperate.

00:13:42What did you mean by cooperate?

00:13:44Well, I mean...

00:13:46Well, I told her that it would be to her advantage

00:13:48to just admit to what she'd been doing

00:13:50and that if she did,

00:13:51she wasn't letting herself in for anything.

00:13:53How so, letting herself in for anything?

00:13:55Well, that there's no question of her facing any charge, that's all.

00:13:58Yes, I see that, but how was she to cooperate?

00:14:01Well, to stop all the pretense and tell the truth.

00:14:03To tell the truth where and when?

00:14:06I don't get you.

00:14:08Well, don't you?

00:14:09Wasn't the purpose of your last two visits to her

00:14:12to make her become a witness for the prosecution?

00:14:16I did suggest that to her, yeah.

00:14:17You did more than suggest it, Sergeant.

00:14:19You tried to coerce her into doing so.

00:14:21Oh, there was no coercion.

00:14:22No pressure?

00:14:23How do you mean, pressure?

00:14:25Well, did you not say to Mrs Heppel

00:14:27that once she was tabbed as a working prostitute,

00:14:30life could be made very difficult for her?

00:14:32No, I didn't say...

00:14:32And did you not tell her

00:14:33that she would be in a very vulnerable position

00:14:36with the police breathing down her neck from then on?

00:14:38No, that's...

00:14:39I didn't say that.

00:14:39Oh, and did you not warn her

00:14:41about the child welfare authorities

00:14:44who may consider her an unfit parent

00:14:47and, as a result, take her daughter away from her

00:14:50and put her in a home?

00:14:51Oh, really, my lord,

00:14:51the witness must be allowed to answer the question.

00:14:54Yes.

00:14:55Yes, yes.

00:14:57Yes, Sergeant.

00:14:58I did not bring improper pressure to bear

00:15:00to get the girl to testify against Napier.

00:15:01I did no such thing.

00:15:05That's not why I said those things to her.

00:15:06Oh, but you do admit saying those things to her.

00:15:09Well, not quite the way you put it,

00:15:11but something along those lines, yeah.

00:15:12I was just trying to warn her

00:15:14to give her an idea of what she was letting herself in for,

00:15:16doing what she was doing.

00:15:17Doing what?

00:15:19Working as a prostitute.

00:15:20Well, there's no law against it, is there?

00:15:23What?

00:15:24I say there's no law against working as a prostitute.

00:15:28Well, it's against the law to solicit in the street or to...

00:15:30We're not talking about that.

00:15:31I'm asking you,

00:15:32is it illegal or criminal to be a prostitute?

00:15:36Well, as the law stands, not strictly, no...

00:15:38You keep hedging, Sergeant McCovey.

00:15:41Now, you've been in the police force for 11 years.

00:15:44Will you please give me a yes or no answer?

00:15:48Is it against the law to be a prostitute?

00:15:52No.

00:15:55Then what were you doing,

00:15:56giving Mrs. Heppel all these dire warnings?

00:15:59If she wasn't breaking the law,

00:16:01was it just for humanitarian reasons,

00:16:03out of the goodness of your heart?

00:16:05Something like that, yes.

00:16:06Trying to warn a young woman

00:16:07about the dangers and pitfalls of prostitution.

00:16:10Well, why?

00:16:11Why should you bother?

00:16:14She was just a kid, and I...

00:16:16I rather liked her.

00:16:17Oh.

00:16:18You liked her, did you?

00:16:19And there was a child, a baby involved.

00:16:21I see.

00:16:22So you visited her twice...

00:16:24Accompanied by a woman police officer, yes.

00:16:26Oh, yes, yes.

00:16:27So you said.

00:16:27You visited her twice

00:16:28just to give her these warnings

00:16:30out of a friendly feeling,

00:16:32and nothing whatsoever to do

00:16:33with intimidating her

00:16:34or telling her that it would be

00:16:36to her advantage

00:16:36to testify at this trial

00:16:38against the defendant.

00:16:39Nothing whatever to do with that.

00:16:40I see.

00:16:42Well, let me say here and now

00:16:43that we do not concede for one moment

00:16:45that Mrs. Heppel was

00:16:47or is a working prostitute.

00:16:51Well, let's go back

00:16:52to that first meeting

00:16:53you had with Mrs. Heppel

00:16:55when you went to have your stars read.

00:16:57Did she give you

00:16:58a satisfactory astrology reading?

00:17:00I suppose so, yes.

00:17:02Well, I mean, she appeared

00:17:03to know what she was talking about,

00:17:04did she?

00:17:05Yes.

00:17:06How long a session was it?

00:17:08About half an hour?

00:17:09About 20 minutes.

00:17:10So for about 20 minutes

00:17:12she discussed in some detail

00:17:15your planetary influences,

00:17:17your birth sign,

00:17:18and gave you some idea

00:17:19of your future in various ways?

00:17:21Yes.

00:17:22And the fee for this,

00:17:24you said, was five pounds.

00:17:25Now, did that seem fair enough?

00:17:27Yes, but...

00:17:28Yes, we are coming to that,

00:17:30but you thought

00:17:31that if you stayed around

00:17:32long enough

00:17:32and paid a little more money

00:17:34some sort of sex

00:17:35might be available.

00:17:37You had very little to go on,

00:17:39just an impression.

00:17:41The cosy atmosphere,

00:17:43the bed in the corner

00:17:45of the room,

00:17:45the short skirt

00:17:46the young lady was wearing.

00:17:49Perhaps it was not

00:17:50so much an impression

00:17:51as wishful thinking.

00:17:53No, it was more than that.

00:17:54Well, she said to me,

00:17:55well, she asked me

00:17:56if I wanted sex.

00:17:57Oh, no, no, Sergeant McCovey.

00:17:59She did not ask you

00:18:00if you wanted sex.

00:18:01She said,

00:18:02and you yourself read it

00:18:03from your notebook,

00:18:04she said,

00:18:05you haven't come here

00:18:06for sex, have you?

00:18:07Now, isn't that right?

00:18:08Same difference.

00:18:09Not at all.

00:18:10I don't construe that

00:18:12as an invitation to have sex,

00:18:13and I'm sure the jury

00:18:14don't either.

00:18:16And I put it to you

00:18:17that there is nothing,

00:18:19nothing whatsoever

00:18:20in your entire testimony

00:18:22that directly implicates

00:18:24Mrs. Heppel

00:18:24in offering sex for money.

00:18:31Is there something

00:18:32you wish to add, Sergeant?

00:18:34Well, my lord,

00:18:35only that I...

00:18:36that I'll know it

00:18:37come on when I see it.

00:18:41I see.

00:18:42You wish to re-examine,

00:18:44Mr. Lotterby?

00:18:45Thank you, Sergeant.

00:18:46You may leave the witness box.

00:18:48I call Vernon Cox.

00:18:51Vernon Cox, please.

00:18:53What is your religion?

00:18:55I'm a yogi, really.

00:18:57Yoga is not a religion.

00:18:59Do you wish to take the oath?

00:19:01Yeah, might as well.

00:19:03Take the Bible in your right hand

00:19:05and read aloud

00:19:05the words on this card.

00:19:08I swear by almighty God

00:19:09that the evidence I shall give

00:19:11shall be the truth,

00:19:12the whole truth,

00:19:12and nothing but the truth.

00:19:14You are Vernon Henry Cox.

00:19:16You live at number 46,

00:19:17Cranley Court,

00:19:17Hall Road, Fulchester.

00:19:19Absolutely right.

00:19:20How old are you, Mr. Cox?

00:19:2227.

00:19:22And what is your occupation?

00:19:24I'm in insurance.

00:19:25Yes.

00:19:25When you say that you're

00:19:27in insurance, Mr. Cox,

00:19:29what precisely does that mean?

00:19:30I sell it.

00:19:30All kinds.

00:19:32Life, endowment, house, fire theft.

00:19:33Yes, yes!

00:19:37Mr. Cox,

00:19:38do you know the accused,

00:19:39Paul Napier?

00:19:40Him over there?

00:19:41Yes.

00:19:41Have you ever seen him before?

00:19:43No.

00:19:43Never had the pleasure.

00:19:45Have you ever visited

00:19:46number 36,

00:19:47Motcombe Road,

00:19:48Fulchester?

00:19:4936?

00:19:50Oh, the basement flat,

00:19:51you mean?

00:19:51Yes.

00:19:51Oh, yes.

00:19:52Whom did you visit there?

00:19:54Well, you know.

00:19:56Oh, Mr. Cox,

00:19:57I'm asking you to tell the court

00:19:58whom you visited

00:19:58at that address.

00:20:01Miss Virgo.

00:20:03Bless her.

00:20:05In what circumstances

00:20:07did you visit her?

00:20:09Well, it was a rainy

00:20:10Thursday afternoon,

00:20:11and I...

00:20:11No, I mean,

00:20:12how did you happen

00:20:12to go there?

00:20:14I mean,

00:20:14Minnie Cooper.

00:20:16How did you get

00:20:16that address, Mr. Cox?

00:20:17What prompted you

00:20:18to go there?

00:20:19Ah, well, you see,

00:20:20I got a tip,

00:20:21a tip from a mate of mine.

00:20:22A friend recommended

00:20:23Miss Virgo to you?

00:20:25Yes.

00:20:25And what did he do?

00:20:26Give you his,

00:20:26give you her phone number?

00:20:27Well, he couldn't remember

00:20:28the phone number,

00:20:29but he told me

00:20:29where the advert was.

00:20:30So you went to the news

00:20:31agents,

00:20:32got the phone number

00:20:32from the advert.

00:20:33Yes.

00:20:34Mr. Cox,

00:20:35presumably there were

00:20:36other advertisements

00:20:37in the newsagent's window?

00:20:38Oh, yes, my lord.

00:20:39Quite a few.

00:20:40How did you know

00:20:41which one to look for?

00:20:42Well, Miss Virgo reveals all.

00:20:44That's what my mate

00:20:44said to look for.

00:20:46Well, what did you think

00:20:47that meant?

00:20:48Well, it was obvious,

00:20:49wasn't it?

00:20:51Was it?

00:20:52You didn't think

00:20:53it meant that Miss Virgo

00:20:55would reveal

00:20:56what the stars foretell?

00:20:58That never occurred

00:20:59to me, my lord.

00:21:02Now, when exactly

00:21:03was this?

00:21:05Well, like I said,

00:21:06a rainy Thursday afternoon,

00:21:07sometime in June.

00:21:09Did you pay her

00:21:10any money?

00:21:12Yes, I paid her

00:21:13five pounds

00:21:13to have my stars read.

00:21:16And ten pounds

00:21:17for the other.

00:21:18Well, perhaps you could

00:21:19describe in more detail

00:21:20what you mean

00:21:21by the other.

00:21:22Well, no,

00:21:23I wouldn't describe it.

00:21:24That wouldn't be right.

00:21:25But after having

00:21:26my stars read,

00:21:27you know,

00:21:27a lot of mumbo-jumbo

00:21:28about Jupiter this

00:21:29and Saturn that

00:21:29and don't take

00:21:30any financial risk

00:21:31till the end

00:21:31of the month

00:21:32and a big tall blonde

00:21:33was about to come

00:21:33into my life.

00:21:34Yes, yes.

00:21:36Well, before you knew it,

00:21:38we were snogging

00:21:38on the sofa.

00:21:39Next thing was,

00:21:41bumps a daisy.

00:21:42We were hard at it

00:21:43on the bed.

00:21:59The case of the Queen

00:22:00against Napier

00:22:01will be resumed

00:22:02tomorrow

00:22:02in the Crown Court.

00:22:29The case of the Queen

00:22:45Dr. Paul Napier is accused of living wholly or in part on the earnings of a prostitute.

00:22:51Two witnesses have testified that a young woman calling herself Miss Virgo

00:22:54was using the basement flat of Dr. Napier's house ostensibly to give astrology readings,

00:23:00but really for the purpose of prostitution.

00:23:04Mr. Cox, you told my learned friend that you'd been to the basement flat on a rainy Thursday afternoon

00:23:10for an astrology reading, but do you recall the date?

00:23:13The date? Not exactly.

00:23:16Well, roughly. What month?

00:23:18Well, June, I already said.

00:23:20Yes, the beginning of June or the end of June?

00:23:23Near the end.

00:23:25Yes.

00:23:25And now the defendant, Dr. Paul Napier, was charged on June the 25th,

00:23:31so that your visit to Mrs. Heppel might have been a few days before that, might it?

00:23:36Might have been, yes.

00:23:37Yes.

00:23:38You said that the visit cost £15.

00:23:41That's right.

00:23:42What was the payment for?

00:23:45Well, the lot.

00:23:46All-inclusive.

00:23:47No, let's be specific about it.

00:23:50Weren't you told that there was a fee of, um, £5 for an initial consultation?

00:23:56Yes.

00:23:57And that if you wanted your zodiac chart drawing up, which would take several days to complete,

00:24:01there would be a further charge of £10?

00:24:04Yes, that's what she said.

00:24:05Well, how do you mean that's what she said?

00:24:08Well, I didn't have a zodiac chart drawn up, did I?

00:24:11But you didn't go back to collect it, did you?

00:24:13No.

00:24:14Then how do you know it wasn't drawn up?

00:24:17Well, it was just a gimmick, wasn't it?

00:24:19Not at all.

00:24:20If you pay for something and then you don't go and collect it, that's your lookout.

00:24:26Did you sign anything?

00:24:28Oh, the little form, you mean?

00:24:29Yes.

00:24:30You signed a form, did you?

00:24:31Well, she asked me too, so I did.

00:24:32And, er, what name did you use?

00:24:36Vernon Johnson.

00:24:38I see.

00:24:39You signed Vernon Johnson instead of Vernon Cox.

00:24:43Yes.

00:24:44Er, would you show it to the witness, please?

00:24:49Is that your writing, even though it's not your signature?

00:24:53Yes.

00:24:54Perhaps this can be exhibited, my lord.

00:24:56It will be Exhibit 2?

00:24:57Yes.

00:24:58Mr. Cox, it is dated the 23rd of June, 1974, and it says the fee of 15 pounds was paid

00:25:05by the undersigned for astroanalysis and compilation of a Zodiac chart, does it not?

00:25:11Yes.

00:25:12Mr. Cox, when you signed this form, had you already paid the money?

00:25:16Yes, I paid the money, then she gave me the form.

00:25:19Was this before or after intercourse took place?

00:25:22Well, I think it was, yes, it was before I paid in advance.

00:25:26I'm obliged, my lord.

00:25:27Well, you paid in advance for the chart that was to be drawn up.

00:25:30The money had nothing whatsoever to do with any sex that might have taken place.

00:25:34Oh, it had in a way.

00:25:35In what way?

00:25:36Well, it was a sweetener.

00:25:39Well, that might be your interpretation that the money was a sweetener,

00:25:42but the fact remains that you signed a form to say that the payment was for something else.

00:25:47I assume as soon as you paid the money, you didn't fling yourselves into each other's arms.

00:25:52Oh, no.

00:25:53We had a smoke and...

00:25:56And I chatted her up.

00:25:58You chatted her up?

00:25:59Absolutely.

00:26:01What sort of chat?

00:26:03Well, I told her that she was more fantastic looking than she even realised herself.

00:26:06Well, you can't go wrong with that one.

00:26:07And what gorgeous hair she'd got.

00:26:09And she said...

00:26:11Yes?

00:26:12Well, she said what gorgeous hair I'd got too.

00:26:15Did she?

00:26:16Yes.

00:26:17And I told her to knock it off because she was getting me at it.

00:26:19And she said, what's the matter?

00:26:21Are you sex-starved or something?

00:26:22And I said, well, aren't we all?

00:26:25And there we were.

00:26:27Where were you?

00:26:28Well, we'd got things warmed up on the sofa, so we got down to business on the bed.

00:26:34Yes.

00:26:35Well, I'm sure we're all very grateful to you, Mr Cox, for that graphic description.

00:26:40Now, perhaps, Miss Tate, we could pass on to some other point.

00:26:43Yes, my lord.

00:26:44There's just one more thing I want to ask you, Mr Cox.

00:26:46How is it that you happen to be here, appearing as a witness for the prosecution?

00:26:51Ah, now, that's a long story.

00:26:52Oh, no.

00:26:53Well, try to condense it, will you?

00:26:55Yes, my lord.

00:26:57Well, when I came out of the...

00:26:59When you came out of the basement flat after seeing Mrs Heffel.

00:27:04Yes, that's right.

00:27:05Well, I was walking towards my car, you know, the Mini Cooper,

00:27:08and, well, I saw two plainclothes policemen sitting in an unmarked car

00:27:13and one of them leaned out the window and called me over.

00:27:16So I goes over and he asked me where I'd been.

00:27:18Well, he knew where I'd been because he was keeping tubs on the building.

00:27:22So he asked me how it was.

00:27:24And I told him.

00:27:25You told the police officers everything that had happened?

00:27:28Well, more or less, yes.

00:27:29But not right there in the road.

00:27:31Later on in the pub.

00:27:32You went for drinks with them?

00:27:34Well, with one of them, the one I knew.

00:27:36Oh, you knew one of the police officers?

00:27:39Well, yeah.

00:27:41Do you mean that he knew you?

00:27:44Well, we knew each other.

00:27:46Well, we used to play in the same team a few years back.

00:27:48Amateur football for Thorley Hill Robbers and...

00:27:50Yes, yes.

00:27:51So it was at the pub that he asked you to testify at this trial?

00:27:55Oh, no.

00:27:56No, it was a couple of days later when they came round to my home address.

00:27:59I see.

00:27:59Well, that was most fortuitous for the police

00:28:02because it might have been very difficult for them

00:28:04to find an independent witness willing to testify with such intimate details.

00:28:09I don't know about that.

00:28:11No further questions.

00:28:12You should re-examine, Mr. Lottery.

00:28:14Yes, my lord, just one question.

00:28:16Mr. Cox, if you hadn't paid the £15,

00:28:19do you think that Miss Virgo would still have been so accommodating?

00:28:24Accommodating?

00:28:25Oh, intercourse, you mean?

00:28:26Yes.

00:28:27Hell no.

00:28:28No lolly, no lovey.

00:28:30No lolly, no lovey.

00:28:32I couldn't have put that more succinctly myself.

00:28:35Thank you, Mr. Cox.

00:28:37You may leave the witness box, Mr. Cox.

00:28:41Oh, that concludes the case for the prosecution, my lord.

00:28:45My lord, I am calling Dr. Napier and one other witness.

00:28:49It would be inconvenient for the witness to appear tomorrow,

00:28:52so with your lordship's permission,

00:28:54I propose to call her before my client.

00:28:56Mr. Lottery.

00:28:57No objection, my lord.

00:28:58Very well.

00:28:59I call Mary Heppel, my lord.

00:29:02Mary Heppel, please.

00:29:04Yes, sir.

00:29:13What is your religion?

00:29:15I'm agnostic.

00:29:16You wish to affirm?

00:29:18Yes.

00:29:19Please read aloud the words on this card.

00:29:22I, Mary Heppel, do solemnly, sincerely and truly declare and affirm

00:29:26that the evidence I shall give

00:29:28shall be the truth, the whole truth and nothing but the truth.

00:29:32Your name is Mary Heppel and you live at 36 Modcom Road, Fulchester?

00:29:36Yes.

00:29:37How old are you?

00:29:38Twenty.

00:29:39Are you married?

00:29:40Yes.

00:29:41Are you living with your husband?

00:29:43No, we're separated, waiting for the divorce to come through.

00:29:46How long did your marriage last before you separated?

00:29:50Just over six months.

00:29:51And then what happened?

00:29:53My husband left.

00:29:54He left?

00:29:56Disappeared.

00:29:57Went to London, I believe.

00:29:59Leaving you in what condition?

00:30:01Broke and pregnant.

00:30:03You've since had the baby?

00:30:05Yes, I have a year-old daughter.

00:30:07Who lives with you and whom you support?

00:30:08Yes.

00:30:10What is your occupation?

00:30:12I'm an astrology consultant.

00:30:14Have you had a training in astrology?

00:30:15Yes, apart from extensive reading, I studied under Hermione Redfield.

00:30:20Hermione Redfield, who writes under the name of Hermione in a Sunday newspaper?

00:30:25Yes.

00:30:26How much studying did you do with her?

00:30:28A course of eight lessons.

00:30:30When was this?

00:30:31August and September of 73.

00:30:34Miss Redfield is a recognised expert in this field.

00:30:37Oh, yes.

00:30:37Apart from her newspaper articles, she's been an astrology consultant for 25 years.

00:30:42I see.

00:30:43My lord, I have here a statement signed by Miss Redfield, which I wish to put in under the Criminal

00:30:48Justice Act 1967.

00:30:50I have spoken to my learned friend about it, and he doesn't object.

00:30:53Very well.

00:30:55It reads,

00:30:56To whom it may concern, this is to say that Mary Heppel has completed her course in astrology

00:31:01and is, in the opinion of the undersigned, qualified to be an astrology consultant.

00:31:06I see this statement is dated only yesterday.

00:31:09Yes, my lord.

00:31:10So it wasn't written at the time that Mrs Heppel completed her studies?

00:31:14No, my lord.

00:31:15I had hoped that Miss Redfield would be here in court today as a witness,

00:31:18but as she is unable to be so, well, I obtained the statement from her.

00:31:22Well, why isn't she attending?

00:31:24Well, it's most unfortunate, my lord,

00:31:26but she telephoned my instructing solicitors from London to say that

00:31:30she was unable to travel today or yesterday because of unfavourable aspects.

00:31:38Unable to travel because of what?

00:31:40Well, I'm afraid I'm not too clear myself exactly what, um...

00:31:44Would it be all right for me to explain?

00:31:46Yes, Mrs Heppel.

00:31:47Please explain if you can.

00:31:49Well, Miss Redfield is a Sagittarian, you see,

00:31:52and Mars, Jupiter and Uranus were all...

00:31:55The planets, Mars, Jupiter.

00:31:56Yes, yes.

00:31:57Were all in bad aspect to each other.

00:31:59Since Mars is the planet affecting travel and Jupiter the ruler of her sign,

00:32:03and Uranus is the bringer of disruption,

00:32:06well, Miss Redfield would feel it dangerous to travel either yesterday or today.

00:32:13Well, I've heard of some unusual reasons for people failing to attend my court,

00:32:17but never because of Mars, Jupiter and Uranus.

00:32:21Thank you, Mr Lotteby, but it is not for us to scoff,

00:32:23and I take this opportunity of saying to the jury and to everyone present here in court

00:32:28that I don't want anything I may have said

00:32:30to be regarded as being disparaging of astrology.

00:32:35I know a great many people take it very seriously

00:32:37and believe in its influence upon their lives.

00:32:41Now, let the jury see this statement from Miss Redfield.

00:32:44Yes, Miss Tate.

00:32:45My Lord, how long have you been working professionally

00:32:49as an astrology consultant?

00:32:51Just over a year.

00:32:52And have you any idea how much you've earned in that time?

00:32:55£5,455.

00:33:00£5,455.

00:33:02That's over £100 a week.

00:33:05Have you filed an income tax return?

00:33:07Yes, for the first six months up to last April.

00:33:10May we have the form, please?

00:33:15Is that a copy?

00:33:17Yes.

00:33:18My Lord, this will be Exhibit 4.

00:33:20Yes.

00:33:21The copy of Mrs Heppel's income tax return under Schedule D,

00:33:24self-employed person with itemised deductions for self and one dependent,

00:33:28use of the flat as an office and some other professional expenses,

00:33:32oh, and the amount of tax paid by cheque.

00:33:35Yes, Mrs Heppel, did you complete this form yourself or did you have assistance?

00:33:39It was done for me by an accountant.

00:33:41Yes, I see that you haven't made a deduction of the fee charged by your accountant,

00:33:45which you're fully entitled to do.

00:33:47He didn't charge me anything, my Lord.

00:33:49Oh, yes, I see.

00:33:51Now, your largest deduction was for rent, claiming half the total.

00:33:54I suppose that was on the basis of your using just one room of the flat as an office.

00:33:59Yes.

00:34:00Now, Mrs Heppel, you are aware that the very substantial rent of £50 a week

00:34:05that you pay to your landlord, Dr Napier,

00:34:08is possibly largely responsible for the present charges being brought against him.

00:34:13Yes, I'm aware of that.

00:34:15You're also aware that the very heart of the case against the defendant

00:34:19is the contention that your source of income is not what you claim it to be

00:34:24and that it comes wholly or in part from prostitution

00:34:27and therefore they are immoral earnings.

00:34:31Yes.

00:34:33Are you a prostitute?

00:34:35No.

00:34:36Do you sell yourself sexually for money?

00:34:39No.

00:34:40Has anyone ever given you cash or other reimbursement for having sex with them?

00:34:45No.

00:34:46Have you ever had sex with any of your clients?

00:34:51Yes.

00:34:53Frequently?

00:34:54Occasionally.

00:34:55Well, how often?

00:34:56With how many of your clients have you had sex?

00:35:00About 20.

00:35:0220 out of a total of how many?

00:35:04Over 300.

00:35:05So, out of more than 300 clients, you've had sex with about 20.

00:35:10Yes.

00:35:10Why?

00:35:11Why did you have sex with them?

00:35:14Well, it just happened.

00:35:16I mean, I'd only do it if it was a spontaneous happening, if we both wanted it.

00:35:20These men being complete strangers, do you?

00:35:23Yes.

00:35:23You have no compunction about having sex with a complete stranger.

00:35:28Well, I'd rather that than get involved with someone

00:35:30and have a relationship which ends in disaster.

00:35:33Would you say that you particularly enjoy having sex with a stranger?

00:35:39A right stranger, yes.

00:35:41But sometimes I can't resist it.

00:35:43Oh, I thought I might have a problem.

00:35:45I did think of seeing someone about it, but I kept putting it off because...

00:35:50Well, I enjoy it.

00:36:02Mrs. Heppel, do you have any other pseudonym besides Miss Virgo?

00:36:08No.

00:36:08What made you choose that name?

00:36:10Virgo is my birth sign.

00:36:12It wasn't because the word has a slightly sexy connotation.

00:36:15No.

00:36:16Why use a false name for business at all?

00:36:19Why not use your real name?

00:36:20Well, astrology has some mystique about it,

00:36:23and I thought that Miss Virgo would be more intriguing than Mrs. Heppel.

00:36:27More intriguing or more enticing?

00:36:31Miss Virgo will reveal all.

00:36:34Now, that's the last line of these advertisements you placed in shop windows, isn't it?

00:36:38Yes.

00:36:38That sounds quite enticing, doesn't it?

00:36:41Perhaps it does.

00:36:43Enticing and suggestive, I would think.

00:36:46Mrs. Heppel, I see that you appear in court wearing a demure, modest, rather conservative outfit.

00:36:53Certainly nothing enticing or suggestive about that.

00:36:56Is that the way you normally dress for work when entertaining your gentleman clients in your cosy office

00:37:03with its subdued lighting and its red satin bed?

00:37:05And, my lord, my friend is being less than learned if he thinks he can present a series of questions

00:37:10like that.

00:37:10My lord, I'm only repeating what's already been described in earlier testimony.

00:37:14Yes, Mr. Lotterby, I think you might put the questions without the embellishments.

00:37:18Ah, very well, my lord.

00:37:19How do you dress for your work?

00:37:22No particular way, whatever I happened to put on that morning.

00:37:25One witness has testified that you wore a tight-fitting sweater and a short skirt.

00:37:29Would that be the sort of thing?

00:37:31Oh, sometimes, yes.

00:37:32A negligee, perhaps?

00:37:34No, certainly not. I don't even have a negligee.

00:37:36Why is there a bed in your office?

00:37:39Because I sleep there.

00:37:41There are only two rooms. My baby has the other room.

00:37:43Is your baby in the next room when you're entertaining your client?

00:37:46My lord, I object to the repeated use of the word entertaining.

00:37:50Is your baby in the next room when your clients visit you?

00:37:53Not usually, no.

00:37:54Where is she?

00:37:55I leave her with a lady down the street who minds babies.

00:37:57But sometimes the baby is in the next room?

00:38:00Occasionally.

00:38:01Now, you have admitted having sex with at least 20 of your clients?

00:38:05Yes.

00:38:06Now, how did you pick that figure?

00:38:08Have you kept a list?

00:38:09I mean, why 20?

00:38:10Are you sure it wasn't 30 or 50 or 100?

00:38:12No, about 20.

00:38:15You told the court you enjoy making love to these complete strangers.

00:38:18No, I didn't.

00:38:19Oh, you most certainly did, Mrs. Heppel.

00:38:21I have it here.

00:38:21I never used the words making love.

00:38:24Oh, well, let's not quibble about words, Mrs. Heppel.

00:38:26You enjoy letting these strangers use your body, do you?

00:38:30They don't use my body any more than I use theirs.

00:38:33Yes.

00:38:33Now, do you really expect us to believe, Mrs. Heppel,

00:38:36that the money paid to you by these 20 or so clients

00:38:39whom you've admitted having sex with

00:38:41was merely for having their stars read?

00:38:43Yes.

00:38:45Was the baby in the next room during any of these sexual activities?

00:38:48Well, what has that got to do with this?

00:38:49Yes, Miss Dade, I think, Mr. Lotterby,

00:38:51the question as to whether the baby was in the next room is immaterial.

00:38:53You've made your point.

00:38:54Let's leave it at that.

00:38:55As you wish, Mother.

00:38:56Well, Mrs. Heppel, do you ever have any women clients?

00:39:00Yes.

00:39:01What proportion of your clientele is female?

00:39:05Well, about one in ten, I suppose.

00:39:08So 90% of your clientele is male?

00:39:10Yes.

00:39:11Now, why do you suppose that is?

00:39:14Is it not because that is the whole object of the exercise,

00:39:18to attract male custom?

00:39:20Is it not that both your manner of advertising,

00:39:23the set-up at your so-called office,

00:39:25are designed to accomplish precisely that?

00:39:27That's not what's intended, no.

00:39:29Isn't it, Mrs. Heppel?

00:39:30It's from the men that the money flows.

00:39:34That is why your fees are so cleverly divided into two parts.

00:39:38Only £5 for the consultation.

00:39:41That's just to get them there.

00:39:43And then an extra £10 to have their chart drawn up.

00:39:47And the man is sitting there in the seductive atmosphere,

00:39:50his eyes glued to your barely concealed body,

00:39:53and if he wants to stay longer,

00:39:55he must pay the extra £10.

00:39:57So he pays up,

00:39:59naturally hoping he's going to get more than his horoscope.

00:40:01No, you're making...

00:40:02And they do get more than their horoscope, don't they, Mrs. Heppel?

00:40:04But either way, the whole procedure is a piece of chicanery, isn't it?

00:40:07A camouflage!

00:40:08No, no, it isn't.

00:40:10Come now, Mrs. Heppel or Miss Virgo,

00:40:12or whatever you choose to call yourself,

00:40:13you know very well what line of business you're in,

00:40:15and that's why you've gone to such great lengths and cunning lengths

00:40:20to conceal the fact that you're just a common prostitute.

00:40:23That's a lie!

00:40:24My lord, that sort of attack on this would...

00:40:26You have no right side to her like that.

00:40:27Dr. Napier, you must not interrupt.

00:40:29My lord, he's treating her like a criminal.

00:40:31She's not even on trial.

00:40:33You must not speak now.

00:40:36Miss Tate, please advise your client

00:40:38that any further interruption from the doc

00:40:40will result in his removal from the court.

00:40:41I apologise for the interruption, my lord,

00:40:44but it does seem that what my learned friend lacks in evidence,

00:40:46he is making up for in bombast and insult.

00:40:48That is for the jury to decide.

00:40:50Now, perhaps we can continue with your cross-examination,

00:40:52Mr. Lotterby,

00:40:53if you have any more questions for the witness.

00:40:55Yes, indeed, my lord.

00:40:57What is the purpose of this printed form

00:41:00you get your clients to sign?

00:41:02Exactly what it says.

00:41:03It's a receipt.

00:41:05Why should you need a receipt

00:41:06saying that the money given to you

00:41:08was for astro-analysis, etc.?

00:41:11What else could it be for?

00:41:12Why does anyone need a receipt?

00:41:14Well, that doesn't quite answer the question, does it?

00:41:17I suggest, Mrs. Heppel,

00:41:18that the reason you get your clients to sign these receipts

00:41:21is as a precaution

00:41:22against just such an eventuality as this,

00:41:25when it might be claimed

00:41:26that the services you are offering

00:41:28are not entirely on an astral plane.

00:41:31Well, that's your interpretation.

00:41:33Yes, it is, and it is the correct one, is it not?

00:41:35No.

00:41:37Have you ever had sex with the accused, Paul Napier?

00:41:40Did you not hear the question?

00:41:42No.

00:41:43You didn't hear the question?

00:41:44No, I've never had sex with Dr. Napier.

00:41:46What is your relationship with him?

00:41:48We're on friendly terms.

00:41:50A friendly landlord, is he?

00:41:52How often do you see each other?

00:41:55Quite often.

00:41:56Could you be more exact?

00:41:57Oh, two, three times a week, pal.

00:41:58At his flat or yours?

00:42:00At his, or we go out.

00:42:01Yes, at the time the house was under surveillance,

00:42:04you were observed going out together.

00:42:05Where would you be going?

00:42:07The cinema, a concert, perhaps.

00:42:09Would that have been a pop or a classical concert?

00:42:11Classical.

00:42:11Has Dr. Napier encouraged you

00:42:13to be interested in more serious music?

00:42:16Yes.

00:42:16Who pays on these occasions when you go out together?

00:42:19Well, we go Dutch.

00:42:21You go Dutch?

00:42:22Oh, that's a very friendly arrangement.

00:42:25But has it never occurred to you, Mrs. Hebbelt,

00:42:27that it's not exactly friendly of your landlord

00:42:30to charge you the exorbitant rent of £50 a week?

00:42:33You ever complain about it?

00:42:35Ever go to the rents tribunal about it?

00:42:36No.

00:42:37Why not?

00:42:38Because I don't consider the rent exorbitant.

00:42:40£50 a week for a two-room basement flat?

00:42:43You don't find that exorbitant?

00:42:44Not considering I'm using it as office premises.

00:42:46You can't get furnished office premises for much less.

00:42:48Oh, I'm sure you can, Mrs. Hebbelt.

00:42:50Not in central Fulchester.

00:42:51We checked the prices.

00:42:53And then there were the expenses involved

00:42:55in renovating the flat.

00:42:56Ah, yes.

00:42:57Oh, tell us about these renovations.

00:43:00Well, when I moved in,

00:43:01the place was in bad condition, run down.

00:43:04Dr. Napier had it completely redecorated

00:43:06and put in some new furniture.

00:43:08And something else which was new

00:43:10was also put in, was it not,

00:43:11in September 1973?

00:43:13The new entrance, you mean?

00:43:14A separate private entrance to the basement flat

00:43:18which had not been there before.

00:43:19Yes.

00:43:20Now, what, pray, would be the purpose of that?

00:43:23Well, obviously, it was more convenient

00:43:25for the clients not to have to go

00:43:26in and out of the front door of the house.

00:43:28Obviously more convenient

00:43:29and more confidential.

00:43:32Well, Dr. Napier certainly went out of his way

00:43:34to put the basement flat in good order

00:43:36for you to carry on your little business.

00:43:38And you've been paying him

00:43:39to the tune of £50 a week ever since.

00:43:42And what's more, paying your own way

00:43:44when you go out together?

00:43:45Oh, no wonder he's such a friendly landlord.

00:43:47You're a very lucrative tenant, Mrs. Hepple.

00:43:50You provide him with a bulk of his income.

00:43:55Do you wish to re-examine, Mr. Tate?

00:43:56No, my lord.

00:44:00Perhaps there is something you'd like to ask the witness.

00:44:03Yes, there is.

00:44:05Mrs. Hepple,

00:44:06you have told us that at the age of 20

00:44:08you have already had a marriage

00:44:10which lasted only six months

00:44:12and ended very abruptly

00:44:13and no doubt very unhappily.

00:44:15Yes.

00:44:16You have also told us

00:44:17that you would rather

00:44:18have sex with a stranger

00:44:20than get involved in some relationship

00:44:23which might end in disaster.

00:44:25Have you experienced more

00:44:26than the one such relationship?

00:44:30Yes, two.

00:44:31Two.

00:44:33So, would you say perhaps

00:44:34that you feel a certain bitterness towards men?

00:44:39Yes, I suppose so.

00:44:40Feel you want to get your own back on men?

00:44:42To get out of them all that you can?

00:44:46Yes.

00:44:48Yes, I hate them.

00:44:49I hate the lot of them.

00:44:50Thank you, Mrs. Hepple.

00:44:53You may leave the witness box.

00:44:58I call the defendant,

00:45:00Dr. Paul Napier.

00:45:15What is your religion?

00:45:16I'm agnostic, I'll affirm.

00:45:18Please read aloud the words on this card.

00:45:21I, Paul Napier,

00:45:22do solemnly, sincerely and truly declare

00:45:24and affirm that the evidence I shall give

00:45:26shall be the truth,

00:45:26the whole truth and nothing but the truth.

00:45:30You are Paul Alexander Napier

00:45:32and you live at number 36,

00:45:33Motcombe Road, Fulchester.

00:45:35Yes.

00:45:36Dr. Napier, do you live alone

00:45:37in the ground floor flat at that address?

00:45:39Yes, I do.

00:45:40Who owns the house?

00:45:41I do.

00:45:42How long have you lived there?

00:45:44Fifteen years.

00:45:46How old are you?

00:45:47I'm 45.

00:45:48Are you married?

00:45:49No, I'm divorced.

00:45:50Is it right that you formally occupied

00:45:53the whole house with your wife and two children?

00:45:55Yes.

00:45:56When did your wife and children leave?

00:45:58In December 1967.

00:46:00And you were later divorced?

00:46:02Yes.

00:46:04What is your occupation?

00:46:06I have none.

00:46:08You're not employed?

00:46:09No.

00:46:10Do you not practice as a doctor?

00:46:13No, I was struck off by the General Medical Council.

00:46:16When did that take place?

00:46:17In November 1967.

00:46:20I must ask you to tell the court

00:46:22why you were struck off by the Medical Council.

00:46:26For unprofessional conduct with a female patient.

00:47:11As the trial of the Queen against Napier enters its final day,

00:47:15the defendant returns to the witness box.

00:47:17Dr. Paul Napier is charged with living wholly or in part

00:47:21on the earnings of a prostitute.

00:47:22In a surprising move on the part of the defence,

00:47:25Napier volunteered the information

00:47:27that he was struck off the Medical Register seven years ago

00:47:30for unprofessional conduct with a woman patient.

00:47:34Dr. Napier, at that time in November 1967,

00:47:37when the findings of the British Medical Council went against you,

00:47:41was there considerable publicity about the case?

00:47:44Yes.

00:47:45In both the National Press and the Fulchester Papers?

00:47:48Yes.

00:47:49Did your photograph appear in the newspapers?

00:47:52Yes.

00:47:52More than once?

00:47:53Several times.

00:47:55So there might well be people in court,

00:47:58perhaps even members of the jury,

00:48:00who recognise you and remember what happened.

00:48:03It's possible.

00:48:05Well, if such is the case,

00:48:06I'm sure that those members of the jury who do remember

00:48:08will not allow it to prejudice them

00:48:10or influence them in this particular case.

00:48:13Miss Tate,

00:48:14you can safely leave it to me to instruct the jury.

00:48:17I'm sorry, my lord,

00:48:18but I feel that I must draw attention to the fact

00:48:20that I have introduced my client's past history.

00:48:24Had I not done so,

00:48:25it would have been inadmissible evidence.

00:48:26It would never have been alluded to.

00:48:28No.

00:48:29But for those members of the jury who may have remembered,

00:48:32it would have been in the back of their minds,

00:48:35hanging over them like a cloud.

00:48:36Yes, yes, yes.

00:48:37I'm trying to clear the air, my lord.

00:48:39Let's get on.

00:48:43Dr. Napier,

00:48:44what was your reaction when you were struck off

00:48:46on the grounds of misconduct with a woman patient?

00:48:49I was stunned and very angry.

00:48:51And what did you do about it?

00:48:53I appealed.

00:48:54To the Medital Council?

00:48:55Yes.

00:48:56With what result?

00:48:57With no result.

00:48:58Well, what did you do then?

00:48:59Well, I tried to bring an action against them.

00:49:01You tried to bring a civil action in the courts

00:49:03against the Medital Council?

00:49:05Yes.

00:49:06To do what?

00:49:07Well, to prevent them from taking away my livelihood.

00:49:10On what grounds?

00:49:12On the grounds that I had been convicted

00:49:14without having had a trial.

00:49:16Only a hearing before a panel,

00:49:18which is not a court of law,

00:49:19that I had been convicted on the evidence

00:49:21of the lady in question

00:49:22and one other witness who was a friend of hers.

00:49:25And you felt that this evidence

00:49:26would not stand up in a court of law?

00:49:28I was sure it wouldn't.

00:49:29So what happened?

00:49:31I couldn't bring an action.

00:49:33You had no redress at law?

00:49:34No, nothing could be done.

00:49:36With the result that you were struck off

00:49:37the Medital Register

00:49:38and consequently unable to practice as a doctor

00:49:41in this country or in any other country?

00:49:43Is that so?

00:49:44Yes.

00:49:46Of what effect did this have on your family?

00:49:50Well, it finished us as a family.

00:49:52My wife was so upset and shocked by the scandal

00:49:55that she took the children to live with their grandparents,

00:49:58our parents in Derbyshire.

00:50:00To live permanently?

00:50:01Yes, and a few months later

00:50:02she started divorce proceedings.

00:50:05Your wife did not stand by you

00:50:07in this crisis in your life.

00:50:13I said your wife did not stand by you.

00:50:17No.

00:50:20Dr. Napier, when about seven years ago you were struck off,

00:50:23what were your circumstances?

00:50:27My circumstances were that the only thing I had left in the world

00:50:30at the age of 38 was the house.

00:50:33That's the house in Motcombe Road,

00:50:35which you owned and where you still live?

00:50:36Yes.

00:50:37What means of support did you have?

00:50:39Well, I converted the house into four flats

00:50:41and let off three of them.

00:50:42And the rent from those flats is in your sole income?

00:50:46Yes.

00:50:47Well, now that we've established the manner

00:50:48by which you support yourself and why,

00:50:50we come to the question of your relationship

00:50:52with the present tenant of the basement flat.

00:50:55That's Mrs. Mary Heppel, the last witness.

00:50:58How long have you known her?

00:51:01Eighteen months.

00:51:02And that was since she and her husband first took the flat?

00:51:05Yes, Alan Heppel.

00:51:06They'd only recently been married.

00:51:08How old were they?

00:51:09He was 21 and she was 18 at that time.

00:51:13And what was Alan Heppel's occupation?

00:51:15He was a musician,

00:51:16played various wind instruments in a group.

00:51:18Did they take a lease on the flat?

00:51:20No, not a lease, no, only a weekly rental.

00:51:23Either side to give a month's notice.

00:51:25Was it furnished?

00:51:27Yes.

00:51:28How did Alan Heppel's tenancy continue?

00:51:31Well, after they'd been there about six months,

00:51:34Mary, Mrs. Heppel, came to see me one day.

00:51:38She was in a very distraught state.

00:51:40She told me she hadn't seen Alan for five days.

00:51:44And she'd just heard that he'd gone off to London with a friend.

00:51:50Without letting her know or leaving any message?

00:51:53Apparently.

00:51:54But she told me that she didn't think he was coming back

00:51:56and she asked me if I would let her stay on in the flat on her own

00:52:00and that she would be responsible for the rent.

00:52:03So Mrs. Heppel stayed on at the flat after her husband deserted her?

00:52:08Yes.

00:52:09Now, will you please tell us when and how she set up as an astrologist

00:52:13using one of the rooms of the flat as an office?

00:52:17Well, it was some months later, after the baby was born,

00:52:21Mrs. Heppel came to see me and she told me that she had some training in astrology.

00:52:26She felt that she had a flair for it

00:52:28and she wanted to have a try, you see, doing it professionally.

00:52:31So she asked me if I would have any objections to her using the flat as an office.

00:52:35And what was your reaction?

00:52:37Well, not very favourable at first.

00:52:39Why not?

00:52:40Well, I didn't like the idea of people traipsing in and out of the front door of the house

00:52:45and I didn't think the tenants upstairs would like it very much either.

00:52:48But then we had the idea of putting in a separate entrance to the basement flat,

00:52:53something which I'd often thought of doing.

00:52:55So having thought it over for a week or so, I agreed.

00:52:59Was there anything else that persuaded you to agree?

00:53:03Anything else?

00:53:04Well, the question of the rent.

00:53:06Oh, yes.

00:53:07Mrs. Heppel had said that she was prepared to pay a considerably higher rent

00:53:11for using the flat as an office.

00:53:12And what was the new rent to be?

00:53:14Well, we discussed it several times

00:53:16and we decided on a figure of £50 a week.

00:53:20£50 instead of £11?

00:53:22That's a pretty hefty jump.

00:53:23Yes, it is.

00:53:24But you must take into account the structural alterations to the flat

00:53:28and the cost of redecorating it,

00:53:30which badly needed doing it.

00:53:32It hadn't been done for years.

00:53:34And, of course, the fact that it was to be for professional use,

00:53:37not just residential.

00:53:39Who picked the figure of £50?

00:53:41You or Mrs. Heppel?

00:53:42We mutually agreed it.

00:53:44You didn't demand the rent

00:53:46as a condition of allowing the flat to be used for that purpose?

00:53:49Absolutely not.

00:53:51Dr. Nepey, am I right in saying that in the ensuing months,

00:53:54Mrs. Heppel has had considerable success in this new venture as an astrologist

00:53:58and has had substantial earnings commensurate with the paying of the increased rent of £50 a week?

00:54:04Well, so I understand.

00:54:06Have you ever at any time in those months had cause to believe that her earnings were from anything other

00:54:11than astrology?

00:54:12No, never.

00:54:13But you were informed to the contrary.

00:54:18When you learned from the police about the allegations against Mrs. Heppel with regard to using the flat for the

00:54:25purposes of prostitution, what did you do?

00:54:26I didn't do anything, my lord.

00:54:28I just couldn't take it seriously.

00:54:31Did you say as much to the officer in charge of the case, Detective Sergeant McCovey?

00:54:35Yes, my lord.

00:54:38In all the time you've known Mrs. Heppel, have you ever observed anything that might indicate to you that she

00:54:43was working as a prostitute?

00:54:44No.

00:54:46In the year or so since that her husband deserted her, you've known her quite well?

00:54:51Yes, quite well.

00:54:53From what you know of her, do you find it conceivable that she is or ever has been a prostitute?

00:55:00Oh, utterly inconceivable.

00:55:02Thank you, Dr. Napier.

00:55:05Dr. Napier, although you were struck off the medical register a number of years ago, you still call yourself doctor,

00:55:12do you?

00:55:13I am a doctor.

00:55:14You cannot perform the functions of a doctor. Why continue to use the title?

00:55:18I spent seven years of my life training and qualifying and a further eleven years practising medicine.

00:55:24What am I, if not a doctor?

00:55:27Well, that's a moot point.

00:55:30Now, you say that since you were struck off the medical register, you've had no other employment.

00:55:36Yes.

00:55:37I take it you're able-bodied and in reasonably good health.

00:55:39Yes.

00:55:40And yet you haven't done a stroke of work in, what, seven years?

00:55:44Well, I've already said that.

00:55:47You've been leading a life of leisure, haven't you?

00:55:48Leisure?

00:55:49Having your profession taken away from you, I wouldn't call that a life of leisure.

00:55:52Wouldn't you?

00:55:53You've just been living off the rents from your property, haven't you?

00:55:56Sounds pretty leisure to me.

00:55:58Call it what you like.

00:55:59I had no choice.

00:56:01No, you would sooner be still practising medicine, which you have been forbidden to do since November 1967.

00:56:09Now, will you tell the court who delivered Mrs Heppel's baby a year ago?

00:56:15I'm asking you, who delivered Mary Heppel's baby?

00:56:19I did.

00:56:21Now, will you please explain how it was that you, a doctor who had been struck off, attended this young

00:56:25woman, delivered her baby?

00:56:28It was an emergency.

00:56:29Really? What sort of emergency?

00:56:31It happened unexpectedly. The baby was three weeks premature.

00:56:34It was in the middle of the night, about 4 a.m. I had to act quickly.

00:56:36What were you doing in her flat at 4 a.m.?

00:56:39I wasn't in the flat. She telephoned me.

00:56:41Oh, she telephoned you at 4 a.m. You came running down the stairs, didn't you?

00:56:44Yes, yes, I did. I came running down the stairs.

00:56:46And she told me she was in labour.

00:56:48She thought the baby was going to be born at any minute.

00:56:51While I was examining her, the waters began to break.

00:56:53Why didn't you at once phone for a doctor?

00:56:54Of course I telephoned for a doctor by the time I got through to one.

00:56:57The baby's head had appeared.

00:56:59But after that, it only required some encouragement from me and then basic hygiene.

00:57:04It was highly unethical of you not to have waited, was it?

00:57:06Waited.

00:57:07And put the mother and child at risk.

00:57:09The doctor didn't arrive till half an hour after the baby was born.

00:57:12The fact remains that as a doctor who had been struck off, you should not have examined Mrs. Hepburn.

00:57:16Any midwife can deliver a baby.

00:57:19Any policeman can.

00:57:20What do you think I am?

00:57:21A lipper?

00:57:23Good God, man, do you think of someone here in this court today,

00:57:27collapsed with a heart attack or a serious injury.

00:57:30Do you think I wouldn't be called on to do what I could?

00:57:33Or do you think that the person whose life was at stake would give a damn

00:57:35while I was struck off the bloody medical council?

00:57:41Yes, Mr. Lotterby, I think we'll adjourn for lunch now.

00:57:53Apart from delivering her baby,

00:57:56have you ever had any other intimate physical contact with Mary Heppel?

00:57:59No.

00:58:00You've never had sex with her?

00:58:02Mrs. Heppel has already testified here in court.

00:58:04Never mind what Mrs. Heppel has testified.

00:58:06I'm asking you if anything of a sexual nature has taken place between you.

00:58:09No.

00:58:10Ever kissed her?

00:58:12Kissed her?

00:58:13Well, I've kissed her goodnight a couple of times, is that what you mean?

00:58:15Have you ever kissed any of your other tenants goodnight?

00:58:18Oh, don't be ridiculous.

00:58:20Well, I'm sorry you think it ridiculous, Doctor,

00:58:22but I must ask you to answer the question.

00:58:24No, I have never kissed any of the other tenants goodnight.

00:58:27But then, of course, Mary, isn't it?

00:58:28You do call her Mary, do you?

00:58:30Yes.

00:58:30Mary is a very special tenant, isn't she?

00:58:32Not only does she provide you with, by far the major part of your income,

00:58:35but she also gives you companionship from time to time.

00:58:38Yes.

00:58:41Now, Mary described your relationship as being on friendly terms.

00:58:45You've described it as knowing each other quite well.

00:58:48But I'm wondering, Dr. Napier, if there isn't something much deeper between you.

00:58:52Would I be right?

00:58:55No.

00:58:56Are you quite sure?

00:58:57I mean, think how much you have in common.

00:58:58It's really quite remarkable, considering the great difference in your ages.

00:59:02I mean, there's your mutual interest in music.

00:59:05You've encouraged her towards classical music, I believe.

00:59:08Yes, I have.

00:59:09I'm wondering just how much influence you, a man of 45,

00:59:12have exerted over this young woman, just 20.

00:59:16I mean, she was certainly at a very vulnerable stage of her life

00:59:19when she was left deserted and pregnant on your doorstep.

00:59:23I have exerted no influence over her.

00:59:27There's something else you have in common, isn't there?

00:59:29Your bitterness.

00:59:31Now, Mrs. Hepple hates men, doesn't she?

00:59:33She spat it out when she was giving evidence.

00:59:35Yes, she's bitter about some things, yes.

00:59:37And you, your bitterness, well, that's had seven years to fester, hasn't it?

00:59:41Bitterness against the woman who you claim gave the false evidence which ruined you,

00:59:44against your wife, and above all, against the law.

00:59:47How you must hate the law.

00:59:49What contempt you must have for it.

00:59:51I do not have contempt for the law.

00:59:54Were the two of you thrown together,

00:59:56drawn to each other by your shared anger at the world, both loners?

01:00:00Well, I've never seen myself as a loner.

01:00:03Haven't you?

01:00:04Have you got many friends, Dr. Neighbour?

01:00:05Do you have much of a social life?

01:00:07I have one or two friends, but most of them have dropped me, yes.

01:00:10A recluse, almost, until this young woman came on the scene

01:00:14and your association began.

01:00:18On friendly terms, know each other quite well.

01:00:21No, I suggest there is a strange and powerful bond between you

01:00:24which the court has heard nothing about.

01:00:28You say nothing, Doctor?

01:00:30Dr. Neighbour, the jury may take your silence as an admission

01:00:33that what learned counsel suggests is true.

01:00:37No, my lord, it's not true.

01:00:40There is no bond between us.

01:00:43Dr. Neighbour, not only is there a bond between you,

01:00:45but there has also been a conspiracy between you,

01:00:48a conspiracy to convert the basement flat

01:00:50into what one witness described as a little gold mine

01:00:53and to use Mary Hipple's attractiveness

01:00:55and complete lack of scruples and morals about sex

01:00:58to produce a fast turnover and fat profits.

01:01:03No, that's not...

01:01:04To flout the law by the clever rigmarole of giving astrology reading.

01:01:08You're distorting it all.

01:01:09It is only too clear that the main business being conducted

01:01:12in that basement flat was prostitution.

01:01:14That's a lie.

01:01:15Everything you've said is a lie.

01:01:19Mrs. Hipple, if you cannot remain silent,

01:01:22you will be removed from the court at once.

01:01:25The police came to see you, not once,

01:01:27but several times during a six-week period, did they not?

01:01:30Yes.

01:01:30They said that they had reason to believe from their own observations

01:01:33that the basement flat was being used for prostitution.

01:01:35And you said you adamantly refused to believe it.

01:01:38Yes.

01:01:39But didn't you ever, during that six-week period, Doctor,

01:01:42didn't you ever talk to Mrs. Hipple about it?

01:01:45Did you tell her what was being said?

01:01:47Didn't you ask her if there was any truth in it?

01:01:50Yes, yes, I did.

01:01:52And what did she say?

01:01:55She said that in a way it was true.

01:01:58She said what, Doctor?

01:02:00She said that in a way it was true

01:02:02because she was using her looks to get money out of men.

01:02:06Well, I asked her if she ever took money for sex,

01:02:08and she said no, that she didn't.

01:02:10That she didn't need to.

01:02:12That men were...

01:02:14Yes.

01:02:14That men were suckers.

01:02:16Men were suckers?

01:02:16Yes, and that they would pay her the money whether they got it or not.

01:02:20She told me she'd give it all up if I wanted her to,

01:02:22if it was causing too much trouble.

01:02:24What was your response?

01:02:25I told her, my lord,

01:02:26that if she wasn't in fact taking money for sex,

01:02:29then she wasn't a prostitute.

01:02:32And she had nothing to worry about.

01:02:35Oh, to be more accurate,

01:02:36did you not say,

01:02:37as long as you're careful to tell the suckers

01:02:39that the money is not for intercourse,

01:02:41but for the horoscope,

01:02:42get them to sign the receipts,

01:02:43we're in the clear?

01:02:46Yes.

01:02:46That is not what I said.

01:02:48Well, we'll leave that to the jury to decide.

01:02:52Now, there's just one more matter.

01:02:54I want to speak to you about your personal finances.

01:02:57Now, it's apparent that from 1968 until the latter part of 1973,

01:03:04your rent book shows an income from the three flats

01:03:06of between £24 and £28 a week.

01:03:09Is that correct?

01:03:10Yes.

01:03:11But then suddenly, towards the end of 1973,

01:03:14things took a turn for the better, didn't they?

01:03:17Without any great exertion from yourself,

01:03:19without your having to stoop to the indignity of taking a job,

01:03:24your income shot up from £28 a week to £67 a week.

01:03:30Now, that's a big difference, isn't it?

01:03:32I'd say you were doing very nicely, wouldn't you?

01:03:34Wouldn't you, Dr Napier?

01:03:37Yes.

01:03:38And of that £67 a week,

01:03:41£50 was coming from the earnings of Miss Virgo,

01:03:44your little astrologer in the basement.

01:03:48I have no further questions.

01:03:49Do you wish to re-examine, Mr Tate?

01:03:51Yes, my lord.

01:03:54Was there ever any plan or plot or conspiracy between you

01:03:58to make money out of prostitution

01:03:59using the trappings of astrology as a protective cover?

01:04:04No, never.

01:04:05Do you believe that any of Mrs Heppel's earnings

01:04:08have come from prostitution?

01:04:10No.

01:04:12Thank you, Dr Napier.

01:04:14You may return to the dock.

01:04:17That is the case for the defence, my lord.

01:04:20Members of the jury,

01:04:22the accused Paul Alexander Napier

01:04:23faces a charge under Section 30

01:04:26of the Sexual Offences Act, 1956,

01:04:29namely of living wholly or in part

01:04:31on the earnings of a prostitute.

01:04:33Now, I must instruct you

01:04:34in three unusual aspects of this case.

01:04:37Point one, it may not have escaped your attention

01:04:39that a large part of the prosecution's case

01:04:41appeared to be directed against someone other than the defendant.

01:04:44Indeed, there was a time

01:04:45when it appeared that someone else was on trial here

01:04:47and not Dr Napier.

01:04:49Now, the reason for this is that it is essential

01:04:51for the prosecution to establish

01:04:52that that person in question, namely Mary Heppel,

01:04:55was at the material time a prostitute.

01:04:57If they failed to establish this,

01:04:59then the case against the defendant collapses.

01:05:02Because no matter how much money he had from her,

01:05:05no matter how much influence

01:05:06he may have exercised over her,

01:05:09he is not guilty of the offence

01:05:10with which he is charged.

01:05:11Now, point two, you might well ask yourself then,

01:05:14why was not Mary Heppel's guilt

01:05:16or innocence for prostitution

01:05:18decided at some earlier trial?

01:05:20The answer is that no charge

01:05:21could be brought against her.

01:05:23Prostitution, per se,

01:05:25was not an offence at law.

01:05:27Only certain fringe activities

01:05:29connected with prostitution are offences.

01:05:31If this appears an anomaly,

01:05:33I'm sorry, that is the law.

01:05:35Point three concerns the burden of proof.

01:05:38Now, it is a cornerstone of our system of justice

01:05:41that the burden of proof lies with the prosecution

01:05:44and that a man is innocent

01:05:46until he is proven guilty

01:05:48to a jury's entire satisfaction.

01:05:51There are one or two rare exceptions to this premise

01:05:55and one of those exceptions concerns

01:05:58the case before you

01:05:59and I refer you once again

01:06:01to Section 30 of the Sexual Offences Act, 1956.

01:06:06A man who lives with

01:06:07or is habitually in the company of a prostitute

01:06:10or who exercises control

01:06:12over a prostitute's movements

01:06:13in a way which shows that he is aiding,

01:06:15abetting or compelling her prostitution with others

01:06:18shall be presumed to be knowingly living

01:06:21on the earnings of prostitution

01:06:25unless he proves to the contrary.

01:06:29So that means, in this case,

01:06:31that if you are entirely satisfied

01:06:34that Mary Hepple was, at the time,

01:06:37a prostitute

01:06:37and that Dr Napier was habitually with her,

01:06:41doesn't mean with her all the time,

01:06:43means frequently with her,

01:06:45and that he was aiding and abetting her in any way,

01:06:49such as putting a separate entrance

01:06:51in the basement flat.

01:06:55Then the onus is on the defendant

01:06:57to prove, on the balance of probabilities,

01:07:01that he wasn't knowingly living

01:07:03on the earnings of prostitution.

01:07:05So, the question you have to answer

01:07:07since everything else is contingent upon it,

01:07:09was Mary Hepple using the basement flat

01:07:12in Dr Napier's house

01:07:13for the purposes of prostitution.

01:07:16Two witnesses for the prosecution,

01:07:18Detective Sergeant McCovey

01:07:19and Mr Vernon Cox,

01:07:20have testified

01:07:21that when they called on Mrs Hepple,

01:07:23they received perfectly genuine

01:07:25astrology readings,

01:07:27but that on payment of further monies,

01:07:30intercourse appeared to be available,

01:07:32though only one of the witnesses,

01:07:33Mr Cox,

01:07:35has actually said

01:07:36that he availed himself

01:07:37of these facilities.

01:07:39Now, Mrs Hepple

01:07:40has admitted having sex

01:07:42with a stranger.

01:07:43The right stranger,

01:07:45by which one infers she means

01:07:46someone who attracts her,

01:07:48someone who appeals to her.

01:07:49Now, this, you might think,

01:07:50distinguishes her

01:07:51from the normal picture

01:07:52of a prostitute

01:07:53as someone who sells herself

01:07:57indiscriminately for money

01:07:58regardless of any satisfaction

01:08:00to herself.

01:08:02But the law says

01:08:03a prostitute is someone

01:08:05who sells herself

01:08:07sexually for money.

01:08:11Mrs Hepple,

01:08:12whilst admitting

01:08:14having sex

01:08:14with some of her clients,

01:08:16has denied

01:08:16that she was paid for it

01:08:18and she has ample

01:08:18documentary evidence

01:08:19to back her up.

01:08:20She returned

01:08:21a very comprehensive

01:08:23income tax form

01:08:24and she has

01:08:26these printed forms,

01:08:29these receipts

01:08:30from the client,

01:08:31signed by the client,

01:08:32saying that the money

01:08:33they paid to her

01:08:34was for astrology alone.

01:08:36and the one witness

01:08:38who said that he had

01:08:39sex with her

01:08:40indeed signed

01:08:41one of these receipts.

01:08:43How much importance

01:08:44should you attach

01:08:45to these receipts?

01:08:47That is for you to decide.

01:08:50My only advice is

01:08:51if you think

01:08:53they were tendered

01:08:54in bad faith,

01:08:56so to speak,

01:08:57with a wink,

01:09:00then you should

01:09:01ignore those receipts.

01:09:04now please return

01:09:05and consider your verdict.

01:09:06All stand.

01:09:18Prisoner will stand.

01:09:22Members of the jury,

01:09:23will your foreman

01:09:23please stand.

01:09:25Just answer this question,

01:09:26yes or no.

01:09:28Have you reached a verdict

01:09:28upon which you are all agreed?

01:09:30Yes.

01:09:31Do you find the defendant

01:09:32Paul Alexander Napier

01:09:34guilty or not guilty

01:09:35of living wholly

01:09:36or in part

01:09:37on the earnings

01:09:38of a prostitute?

01:09:39Not guilty.

01:09:41Mr. Napier,

01:09:43you are discharged

01:09:44and free to leave the court.

01:09:45Court will rise.

01:09:58Next week,

01:09:59a chance for you

01:09:59to join another jury

01:10:00in assessing the facts

01:10:01when our cameras return

01:10:02to watch a leading case

01:10:04in the Crown Court.

01:10:05and we'll see you next week.

Crown Court - Immoral Earnings (1974)

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