Crown Court - The Messenger Boy (1974) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  John Michaelson faces a charge of bribery, an action brought by Eileen Roberts, whose husband George died a week after being turned down for a luxury flat. Dinsdale Lansden plays the defendant, John Michaelson. Watch out for an appearance by John "Alright, Marlene" Challis, known as Boycie in Only Fools and Horses, and Scorbie in the Doctor Who adventure The Seeds of Doom.

Transcript

00:00:13In March of 1970, the then borough of Church Manly, some 25 miles to the east of Forchester,

00:00:20acquired a piece of prime building land on Lark Hill.

00:00:22The building of a block of superior council flats was approved, and work started in March 1973.

00:00:29The scheme has received minimal publicity, but interest ran high, and demand for the flats was naturally enough excessive.

00:00:36Although applications were not solicited, several dozen were received by John Michelson, Church Manly's housing manager.

00:00:43One of these was in the name of George Roberts and his wife Eileen.

00:00:47Roberts, a local librarian, was something of a celebrity, being the only local man to have won the VC during

00:00:53World War II.

00:00:55He and his wife occupied a small council house with their 11-year-old orphaned nephew, David.

00:01:01In early February 1974, the prospective tenants and the unsuccessful applicants were notified of the housing committee's decision,

00:01:09and were informed that the flats would be ready for occupation in June of that year.

00:01:14The Roberts application was not successful, and in mid-February, George Roberts, a chronic war invalid, was admitted to hospital.

00:01:21He died a week later from bronchial pneumonia.

00:01:25A week after his death, on the 27th of February 1974, certain information was laid before the local police.

00:01:32Further inquiries were made, the papers were passed to the county prosecuting solicitor,

00:01:37and three weeks later, John Michelson was charged under the Public Body's Corrupt Practices Act of 1889.

00:02:01What is your name, and where do you live?

00:02:03Eileen Roberts, Mrs. Eileen Roberts.

00:02:06And where do you live?

00:02:07Oh, sorry.

00:02:1027, Avondale Gardens, Church Manly.

00:02:13Is your husband still alive, Mrs. Roberts?

00:02:16I'm a widow.

00:02:18Now, Mrs. Roberts, I want to take you back to December of 1973, to the 5th of December, to be

00:02:23exact.

00:02:24Would you tell the court what happened on that day?

00:02:27The 5th of December, yes.

00:02:29That was the day that my husband and I applied for one of the flats that the council were building

00:02:35for rent on Lock Hill.

00:02:37Will you tell us something about these flats?

00:02:40Well, they were what's called luxury flats.

00:02:43My husband worked in the library, and the county librarian told him all about them.

00:02:49Three bedrooms, fully fitted kitchens, and lovely views.

00:02:53Now, tell me, did you apply as a result of an advertisement?

00:02:56Did the council ask for applications?

00:02:59No, not as far as I know.

00:03:02We just heard about it, as I said, and, well, we felt that we deserved one.

00:03:08We were living in a small, two-bedroom council house, and it was pre-war.

00:03:14Well, it was old-fashioned.

00:03:16It didn't have any modern conveniences, space for a fridge and things like that.

00:03:21You say you thought you deserved one of these flats.

00:03:23Why you particularly?

00:03:24There must have been several other families living in similar accommodation to yours.

00:03:30Well, there were, but it was because of my husband, really.

00:03:35You see, he won the Victoria Cross in Italy during the war,

00:03:39and he was the only man in Church Manly who'd ever won an honour like that,

00:03:43and I felt that they hadn't done enough for him.

00:03:46And he was a sick man because of the war.

00:03:49Yes, I see.

00:03:50Was your husband in receipt of a war disability pension, Mrs. Roberts?

00:03:54No, sir.

00:03:56But he had a weak chest.

00:03:59You made an application for the flat.

00:04:01What happened next?

00:04:03We got a postcard saying that they'd got our letter,

00:04:07but, as I said, I've really felt that George deserved more than that.

00:04:11George is your husband, I take it?

00:04:13Yes, my late husband.

00:04:16Yes.

00:04:16What happened after you received acknowledgement of your application?

00:04:22We waited until the new year,

00:04:26and then I went to see the housing manager, Mr. Michelson.

00:04:32Mr. Michelson, the accused?

00:04:34Yes.

00:04:35Where?

00:04:36At the council offices.

00:04:38When was that?

00:04:39Early January.

00:04:42It was a Thursday.

00:04:44I think it was the 3rd.

00:04:46Yes.

00:04:47Thursday, the 3rd of January, 1974.

00:04:49Did you make an appointment?

00:04:51No.

00:04:51No, I just went along and asked for him.

00:04:54I knew Mr. Michelson slightly, from official functions.

00:04:58And what happened at this meeting?

00:05:01Well, Mr. Michelson asked me to sit down, and I did,

00:05:05and I told him how I'd come about the application,

00:05:09and how I felt that the town owed my husband something,

00:05:13and that we'd always wanted to live on Lark Hill,

00:05:15and that I'd do anything to get a flat there.

00:05:20And he said, anything.

00:05:23And I said, well, you know what I mean.

00:05:25And he said, I wonder if I do, Mrs. Roberts.

00:05:30And then he implied that if we were to have sex together,

00:05:38he'd see what he could do.

00:05:40Can you remember his exact words, Mrs. Roberts?

00:05:43No.

00:05:46No, I can't.

00:05:48But I certainly knew what he meant.

00:05:49It would be helpful if you would try to remember

00:05:52the exact words of this implication, Mrs. Roberts.

00:05:55If I may say so, you had little difficulty

00:05:59in remembering the opening lines of the exchange.

00:06:02I was getting rather nervous, sir.

00:06:04I wasn't expecting him to behave like that.

00:06:07I see.

00:06:08Go on, Mr. Arlissier.

00:06:10Well, please try and tell us the essence of what he said.

00:06:14Well, he said something like

00:06:16if a woman with your attributes

00:06:18is prepared to do anything,

00:06:20he said he was sure he could do something.

00:06:23And did you reply to this, Mrs. Roberts?

00:06:25Yes.

00:06:26I told him that I wasn't prepared to do anything like that,

00:06:29not for a flat or anything else.

00:06:32And he could see that I meant it

00:06:34because he said something to the effect that

00:06:36I was taking him the wrong way.

00:06:38And he meant about a business arrangement

00:06:42and that the best thing I could do

00:06:44was to get my husband to telephone him.

00:06:46And you did what the accused told you?

00:06:48Yes, I did.

00:06:50And after he telephoned,

00:06:52my husband told me that he arranged...

00:06:53No, please, Mrs. Roberts,

00:06:55I must stop you there, I'm afraid.

00:06:56You may not tell us

00:06:58what your late husband said to you.

00:07:00That's what's known as hearsay evidence

00:07:01and is not admissible.

00:07:03You may, however, tell the court

00:07:05what transpired as a result of the telephone call.

00:07:09Well, nothing happened for nearly a week

00:07:12and my husband and I

00:07:14were trying to get some money together.

00:07:16We didn't have a lot of ready cash.

00:07:18No.

00:07:19And then, I think it would be

00:07:21the Wednesday of the following week,

00:07:24that would be the 9th of January,

00:07:26we put some money in an envelope.

00:07:28How much money?

00:07:30£100 in £5 notes.

00:07:32Thank you. Go on.

00:07:34And then, David and I,

00:07:36oh, I took the envelope

00:07:38and David and I went to the council offices.

00:07:41But who is David?

00:07:42My nephew.

00:07:43My late husband's brother's child.

00:07:46His parents died four years ago.

00:07:48I see. He's lived with you ever since, has he?

00:07:50Yes, he has.

00:07:51Yes, I see.

00:07:52Now, you were saying that you took this envelope

00:07:54and David and yourself went to the council offices.

00:07:57Yes.

00:07:58We took the bus,

00:07:59the 83 it drops through at the gates,

00:08:01and then I took David up the drive

00:08:04and showed him the way in

00:08:06and then I sat on a form and waited for him.

00:08:09How long was he away?

00:08:11Not long.

00:08:12A few minutes.

00:08:14And then, as soon as he came out,

00:08:16we went back home.

00:08:17Thank you, Mrs Roberts.

00:08:18Now, I'd like you to tell the court

00:08:20what has happened with regard to this matter

00:08:22since that day.

00:08:24Well, very, very little, really.

00:08:28Unless you've been the way I do.

00:08:31That my husband died because he was heartbroken.

00:08:35Heartbroken because he didn't get what he deserved.

00:08:37Mrs Roberts,

00:08:38we all sympathise with you in your loss,

00:08:42but I must ask you to remember

00:08:43that we are conducting an investigation

00:08:45into allegations of corruption,

00:08:47and we are only interested in those allegations.

00:08:50My lord, if I may assist here.

00:08:52Mr George Roberts was admitted to the county hospital

00:08:55in Rutherford on February the 5th, 1974,

00:08:58and died nine days later on the 14th.

00:09:01The cause of death was bronchopneumonia.

00:09:04Mrs Roberts?

00:09:06My lord, I wonder if I might be allowed a little more latitude.

00:09:09If you mean, will I allow you to lead?

00:09:13I am inclined to say yes.

00:09:15If that, in turn, leads to a drop in the emotional temperature,

00:09:20I am sure Miss Gibson will not hesitate

00:09:23in the unlikely event of any trespasses on your part.

00:09:26I most certainly will not, my lord.

00:09:29Thank you, my lord.

00:09:30Mrs Roberts,

00:09:32am I correct in saying that in spite of the deserving nature of your case,

00:09:36your application was unsuccessful?

00:09:37My lord.

00:09:38Mr Harvesty,

00:09:40I gave you an inch and I expected you to take no more than that.

00:09:44You will perhaps rephrase that question in a more satisfactory manner?

00:09:48I'm sorry, my lord.

00:09:49I didn't think that was contentious.

00:09:52Mrs Roberts,

00:09:54did you receive a letter from the housing manager

00:09:56informing you that your application had been unsuccessful?

00:10:00Yes, we did.

00:10:01When did you receive this letter?

00:10:03I think it was the beginning of February.

00:10:06A Tuesday.

00:10:08I think it was the 5th.

00:10:09The 5th.

00:10:10Now, you took an envelope containing £100 to the council offices.

00:10:14At that time, how did you regard this money?

00:10:17What was its purpose?

00:10:19I thought it was some kind of key money.

00:10:22But it wasn't, as we now know.

00:10:24Was there any innocent reason that you can think of

00:10:27why you were sent to the council offices with that money?

00:10:30I mean, did your husband owe any money to the council?

00:10:33No.

00:10:36It was a bribe

00:10:38from my husband to Mr Michelson.

00:10:44Now,

00:10:45Mrs Roberts, yes.

00:10:47Mrs Roberts,

00:10:48you have told my learned friend

00:10:49that you knew Mr Michelson slightly

00:10:51from official functions.

00:10:53Yes, that's correct.

00:10:54I wonder if you recall

00:10:55the chairman's dinner of last year.

00:10:57It was held at

00:10:57Briar's Wood

00:10:59in the council offices

00:11:00and there was, I understand,

00:11:01dancing to the Barney Green Trio.

00:11:04Is that correct?

00:11:05Yes.

00:11:05Good.

00:11:06Now, let us extend your recollection

00:11:08to the Lady's Choice Waltz that evening.

00:11:10Lady's Choice Waltz?

00:11:11A dance where the initial roles of the sexes

00:11:14is reversed, my lord.

00:11:15Do you mean that,

00:11:16contrary to custom,

00:11:17the lady approaches the gentleman of her choice

00:11:19and invites him to dance?

00:11:21That is right, my lord.

00:11:22Oh.

00:11:23Mrs Roberts,

00:11:24on that evening,

00:11:25the gentleman of your choice

00:11:27was Mr Michelson, was he not?

00:11:29Yes.

00:11:29Why?

00:11:31He was a very good dancer.

00:11:33Not, I gather,

00:11:34his only attribute.

00:11:35Is it not true that,

00:11:36during this dance,

00:11:37you told Mr Michelson

00:11:38that your husband

00:11:39wasn't feeling very well

00:11:41and you suggested to him

00:11:42that he might take you home

00:11:44if your husband had to leave early?

00:11:47Who told you that?

00:11:48Well, let us not worry too much

00:11:50about the source of the information,

00:11:51Mrs Roberts.

00:11:52Let us concern ourselves

00:11:52rather with its truth, shall we?

00:11:54But it isn't true.

00:11:56I did tell Mr Michelson

00:11:58that my husband

00:11:58wasn't feeling very well,

00:12:00but it was his idea

00:12:01that he should see me home,

00:12:03not mine.

00:12:03Really?

00:12:05Yes, really.

00:12:06And I told him

00:12:07what he could do

00:12:08with his offer.

00:12:09Well, now, why was that?

00:12:10From what you have told us,

00:12:12Mr Michelson behaved himself

00:12:13perfectly properly.

00:12:15On the dance floor, yes.

00:12:17But he'd have stopped behaving properly

00:12:18as soon as he got me in the car.

00:12:20Are you suggesting

00:12:21that Mr Michelson was,

00:12:22to say the least,

00:12:24something of a ladies' man?

00:12:25Yes, I am.

00:12:27To say the least.

00:12:28Now, that is interesting.

00:12:30If my memory serves me right,

00:12:31and I'm sure it does,

00:12:33you expressed

00:12:33an opposite point of view

00:12:35to his lordship

00:12:36during my learned friend's examination.

00:12:38Ah, yes.

00:12:39When his lordship asked

00:12:40if you could recall

00:12:42the exact wording

00:12:43of Mr Michelson's

00:12:44sexual implication,

00:12:45you said

00:12:46that you were getting

00:12:46rather nervous.

00:12:47I quote,

00:12:49I wasn't expecting him

00:12:50to behave like that.

00:12:52You were talking

00:12:53about the same man.

00:12:54I meant...

00:12:55I meant that I wasn't expecting

00:12:57him to behave like that

00:12:58in his office.

00:13:00No, no, Mrs Roberts.

00:13:01You lack that most important ingredient

00:13:03of a convincing liar,

00:13:04a good memory.

00:13:05And I suggest to you

00:13:07that you are inhabiting

00:13:07a fantasy world

00:13:08in which truth

00:13:09and fantasy

00:13:10are inextricably mixed.

00:13:12A world you entered

00:13:14on the day

00:13:15Mr Michelson

00:13:15refused your advances,

00:13:17Mrs Roberts.

00:13:18It's not true.

00:13:19Is it not?

00:13:21Mrs Roberts,

00:13:21perhaps you sincerely believe

00:13:23that you and your husband

00:13:24deserve the tenancy

00:13:25of one of the larkil fats.

00:13:27You were indeed prepared

00:13:28to do anything

00:13:29to secure that tenancy.

00:13:30And when you failed

00:13:31to get what you wanted,

00:13:32you were equally prepared

00:13:34to do anything you could

00:13:35to get even

00:13:35with a man whom you,

00:13:37in your fantasy,

00:13:38held responsible,

00:13:39Mr Michelson,

00:13:41who stands here today

00:13:42accused solely

00:13:43as a result

00:13:43of your vindictive

00:13:44and unfounded complaint.

00:13:46I made no complaint.

00:13:49Really?

00:13:52Would you mind

00:13:53repeating that?

00:13:54I said I made

00:13:56no complaint.

00:13:58Mrs Pycroft

00:13:59went to the police,

00:14:00not me.

00:14:01Well, is that so?

00:14:02Well, then,

00:14:02would you mind

00:14:02telling the court

00:14:03about this Mrs Pycroft?

00:14:07She's my neighbour.

00:14:09She lives at

00:14:1025 Avondale Gardens.

00:14:13She went to the police

00:14:14after she found me.

00:14:16After she found you?

00:14:20I tried to do away

00:14:21with myself.

00:14:23I'd been feeling

00:14:24very depressed

00:14:24ever since my husband died.

00:14:27There was very little money

00:14:29and I turned the gas on.

00:14:31And your neighbour

00:14:31found you?

00:14:32Yes.

00:14:34Were you taken to hospital?

00:14:36No.

00:14:37When she came in,

00:14:38I'd only just started.

00:14:40Would you speak up,

00:14:41please, Mrs Roberts?

00:14:42She said she had only just started.

00:14:44Yes, I am obliged, my lord.

00:14:45How did this Mrs Pycroft

00:14:46happen to find you?

00:14:48She was coming in

00:14:49for a cup of coffee.

00:14:50You mean she was expected?

00:14:51Yes.

00:14:52At what time?

00:14:5311 o'clock.

00:14:54And did she often come

00:14:54for coffee every day?

00:14:56Two or three times a week?

00:14:57Yes.

00:14:59Yes?

00:14:59Two or three times a week?

00:15:01Yes.

00:15:02And was she always punctual?

00:15:03Was she ever late,

00:15:03Mrs Roberts?

00:15:04No, she was...

00:15:05How did she get in?

00:15:07Did she have a key?

00:15:08No.

00:15:08Did she force an entry?

00:15:09No.

00:15:10Oh, so you left the door

00:15:11open for her, did you?

00:15:12Leave the door open for you?

00:15:13I must have done.

00:15:14I see.

00:15:15Well, let us recapitulate,

00:15:16Mrs Roberts.

00:15:17You decided to attempt suicide.

00:15:19So, you turned on the gas

00:15:21a few minutes

00:15:21before a neighbour

00:15:22was due to visit.

00:15:23A neighbour who was never late

00:15:25and for whom you

00:15:26had left the door open.

00:15:28And when this neighbour,

00:15:29this Mrs Pycroft,

00:15:31happened to find you,

00:15:32you told her

00:15:33the story

00:15:33that you've told here today

00:15:35as a fairly predictable result

00:15:37of which she went

00:15:37to the police

00:15:38and laid information

00:15:39against an innocent man.

00:15:40But it wasn't like that.

00:15:42In your testimony,

00:15:44nothing is,

00:15:45is it, Mrs Roberts?

00:15:55Mrs Roberts,

00:15:56I had hoped to spare you

00:15:58any further distress,

00:15:59but as my learned friend

00:16:01has seen fit

00:16:01to pursue a certain course,

00:16:03I must ask you

00:16:04to bear with me

00:16:05for two or three more questions.

00:16:07When you decided

00:16:08to attempt

00:16:09to take your own life,

00:16:11were you aware

00:16:12of the time?

00:16:13No.

00:16:14You were not aware then

00:16:15that Mrs Pycroft

00:16:17was about to walk in

00:16:18through your door

00:16:18and in the event,

00:16:20save your life?

00:16:21No.

00:16:22You don't think

00:16:22of things like that.

00:16:24Do you live

00:16:25in a fantasy world,

00:16:26Mrs Roberts?

00:16:27No.

00:16:29Unfortunately,

00:16:29the world I live in

00:16:30is very real.

00:16:32Thank you,

00:16:33Mrs Roberts.

00:16:35Thank you,

00:16:35Mrs Roberts.

00:16:36You may leave

00:16:36the witness box.

00:16:38I call David Roberts.

00:16:40David Roberts.

00:16:42My lord,

00:16:43I would have hesitated

00:16:44to call so young

00:16:45a witness

00:16:46had his presence

00:16:47not been crucial

00:16:48to my case.

00:16:49However,

00:16:49I can assure your lordship

00:16:50that the boy understands

00:16:51the nature and obligation

00:16:52of the oath

00:16:53and requires no

00:16:54instruction therein.

00:16:56I must be the judge

00:16:57of that,

00:16:58Mr Harvesty.

00:16:59Now then,

00:17:00young man,

00:17:01what is your name?

00:17:03David, sir.

00:17:04David Roberts.

00:17:05Well, David,

00:17:05I am sure that

00:17:06at some time

00:17:06you must have seen

00:17:07a film or

00:17:08television programme

00:17:10which contained scenes

00:17:11in a courtroom

00:17:12such as this.

00:17:13Yes, sir.

00:17:14There was one last Saturday,

00:17:15just before the matter

00:17:16of the day.

00:17:16Really?

00:17:17Oh, thank you.

00:17:19And no doubt

00:17:20you have seen witnesses

00:17:21take what is known

00:17:22as the oath.

00:17:23Yes, sir.

00:17:25Why do they take the oath?

00:17:26Well, sir,

00:17:27that everyone hears

00:17:28and swear to tell the truth

00:17:29and they get into trouble

00:17:30if they don't.

00:17:31Yes.

00:17:32Now,

00:17:32do you know the difference

00:17:34between right and wrong?

00:17:35Yes, sir.

00:17:36And between truth

00:17:37and lies?

00:17:37Yes, sir.

00:17:38Do you go to church?

00:17:40Yes, sir.

00:17:41Well, David,

00:17:42if you swear on the Bible

00:17:43to tell the truth

00:17:44and then tell lies,

00:17:46what happens to you?

00:17:47God is angry.

00:17:49Yes.

00:17:50Well, David,

00:17:51I expect you realise

00:17:52that we are gathered here today

00:17:53to seek the truth

00:17:54about a most important matter.

00:17:57And it is essential

00:17:58that you should answer

00:17:59absolutely truthfully

00:18:01every question put to you

00:18:02by this gentleman

00:18:03or this lady

00:18:04or by myself.

00:18:05You appreciate that?

00:18:06Yes, sir.

00:18:07Very well.

00:18:08Let him be swore.

00:18:12Take the Bible

00:18:13in your right hand

00:18:14and read aloud

00:18:14the words on the card.

00:18:15I promised before

00:18:16a mighty God

00:18:17to tell the truth,

00:18:18the whole truth

00:18:18and nothing but the truth.

00:18:20What is your name?

00:18:22David Roberts, sir.

00:18:23And where do you live, David?

00:18:24Number 27 Avondale Gardens.

00:18:26Where's that?

00:18:27It's off Pollitt Street, sir.

00:18:29Between Pollitt Street...

00:18:29No, no, I mean

00:18:30in what town, is it?

00:18:32Oh, it's in Church Manly, sir.

00:18:34Now, David,

00:18:35you live at 27 Avondale Gardens,

00:18:37Church Manly,

00:18:38which is also the home

00:18:40of Mrs Eileen Roberts.

00:18:41What relation are you

00:18:42to Mrs Roberts?

00:18:43She's my auntie, sir.

00:18:45Which makes you her nephew?

00:18:47Yes, sir.

00:18:48How long have you lived

00:18:49with your aunt?

00:18:50Four years, sir.

00:18:52Four years.

00:18:53Now, David,

00:18:54I'd like you to tell

00:18:55his lordship and the jury

00:18:57how you come to be living

00:18:58with Mrs Roberts.

00:19:01My mother and father

00:19:02were killed in an accident,

00:19:03your lordship, sir.

00:19:04They were coming home

00:19:05from my grandmas

00:19:05and a lawyer ran into them

00:19:07on the motorway.

00:19:08Yes, I see.

00:19:10Thank you, David.

00:19:11Now, I'd like you

00:19:12to think back

00:19:13over the past four years.

00:19:15Over the time

00:19:16when you were living

00:19:16with your aunt

00:19:17and your uncle

00:19:18when he was alive.

00:19:19And I'd like you

00:19:20to tell the court

00:19:21if during that time

00:19:22either of them

00:19:23ever asked you

00:19:24to do anything wrong.

00:19:25No, sir.

00:19:26David, I asked you

00:19:27to think back

00:19:28over the past four years.

00:19:30It didn't take you

00:19:30very long.

00:19:31No, sir.

00:19:32Are you saying

00:19:33that there was no need

00:19:34to think for very long?

00:19:36Mr Harvesty,

00:19:37I realise a temptation

00:19:39to lead this witness,

00:19:40but perhaps you will

00:19:42rephrase that last question.

00:19:44I'm obliged, dear lordship.

00:19:46David, you have told

00:19:48his lordship

00:19:48that you know

00:19:49the difference

00:19:49between right and wrong.

00:19:51Now, answer this

00:19:52very carefully.

00:19:53Have you ever been asked

00:19:55by either your aunt

00:19:56or your uncle

00:19:57to do anything

00:19:58you thought was wrong?

00:20:01Do you mean the time

00:20:01I took that envelope

00:20:02to the town hall?

00:20:04No, no,

00:20:05I wasn't meaning that time,

00:20:06but since you mention it,

00:20:09my lord,

00:20:09I shall be coming

00:20:10to this particular incident

00:20:11in detail very shortly,

00:20:13but I'll deal with

00:20:13this particular point

00:20:15immediately.

00:20:17David,

00:20:17when you did take

00:20:18an envelope

00:20:19into the town hall

00:20:20or council offices,

00:20:22whichever you prefer

00:20:22to call them,

00:20:23when you did that thing,

00:20:25did you think

00:20:25you were doing

00:20:26anything wrong?

00:20:27Oh, no, sir.

00:20:28I see.

00:20:30Now, let's move on

00:20:30to a particular

00:20:31sort of wrong.

00:20:33Did either your aunt

00:20:35or your uncle

00:20:35ever ask you

00:20:36to tell lies?

00:20:37No, sir.

00:20:38You're quite sure of that?

00:20:39Yes, sir.

00:20:41David, can you remember

00:20:43January the 9th

00:20:44of this year?

00:20:46Rovers beat Crystal Palace

00:20:47in the cup.

00:20:48It was a replay.

00:20:48They won 2-1.

00:20:50Yes, well,

00:20:51that was one thing

00:20:52that happened.

00:20:53It was played at night,

00:20:54wasn't it?

00:20:55Yes, sir,

00:20:55under the floodlights.

00:20:56You went with your uncle?

00:20:58Yes, he wasn't very well,

00:20:59but he took me.

00:21:00I see.

00:21:01Now, I'd like you to tell us

00:21:03what you did

00:21:03that same afternoon,

00:21:05the afternoon of January the 9th.

00:21:07Tell us in your own words.

00:21:08You mean about...

00:21:09No, no, no, no, no, no.

00:21:10I mustn't tell you.

00:21:11You must tell us.

00:21:12Try to remember

00:21:13and tell the court

00:21:14quite simply

00:21:15what happened.

00:21:16I went to the town hall

00:21:17with my Auntie Eileen.

00:21:19Yes, but

00:21:19can you tell us

00:21:20what led up to that?

00:21:22The things that happened

00:21:23before you went?

00:21:24My Uncle George

00:21:25gave my Auntie Eileen a letter,

00:21:27a thick one

00:21:28with money in it.

00:21:29Did you know

00:21:30at the time

00:21:30that there was money in it?

00:21:32No, sir,

00:21:32it was fastened up.

00:21:33I see.

00:21:35And what happened then?

00:21:36My Auntie Eileen

00:21:37took me to the town hall

00:21:38and on the way

00:21:39she said I...

00:21:40No, no, no.

00:21:40I don't want you

00:21:41to tell me what she said.

00:21:42What did you do?

00:21:44We went on the bus

00:21:45and when we got there

00:21:46my Auntie Eileen gave me a letter

00:21:47and showed me

00:21:48which door to go in.

00:21:49And which door was that?

00:21:50Can you remember?

00:21:51Yes.

00:21:52It was around the side.

00:21:54There was a big notice

00:21:54next to it.

00:21:55It said

00:21:56reserve for the chairman's car.

00:21:58What happened then?

00:21:59I went in this door

00:22:01and there was a gentleman

00:22:02sitting behind a desk

00:22:03and I said

00:22:03I want to see Mr. Michelson

00:22:04and he showed me

00:22:05which door to go in.

00:22:07Yes, go on.

00:22:07So I went in this door

00:22:09and there was a lady there

00:22:10and I said

00:22:11I want to see Mr. Michelson

00:22:12and she said

00:22:13oh yes, he's waiting for you.

00:22:14So she opened another door

00:22:15and she said

00:22:16this is Mr. Michelson

00:22:17and there was a gentleman

00:22:18sitting behind a desk.

00:22:20Then she went away

00:22:21and I said

00:22:21my uncle said

00:22:22I had to give you this

00:22:23and I gave the gentleman

00:22:24the envelope.

00:22:25Yes.

00:22:25Now tell me David

00:22:26is Mr. Michelson

00:22:27in this room?

00:22:28Yes.

00:22:29Will you point to him please?

00:22:34Now

00:22:35you say you gave

00:22:36Mr. Michelson

00:22:37the envelope.

00:22:37What did he do?

00:22:39He opened the envelope

00:22:40and he took the letter

00:22:41out of the envelope

00:22:42and read the letter.

00:22:43Then he took some money

00:22:44out of the envelope

00:22:44and counted it.

00:22:45There were those

00:22:46five pound notes.

00:22:47How many?

00:22:48Twenty.

00:22:49How can you be sure

00:22:50that there were twenty?

00:22:51Because when the gentleman

00:22:52counted them

00:22:52I counted them too.

00:22:54And after that

00:22:55did he say anything

00:22:56Mr. Michelson?

00:22:57Um, yes.

00:22:58Can I say what he said?

00:22:59Oh yes, yes.

00:23:00You can tell us

00:23:01what Mr. Michelson said.

00:23:02He said

00:23:03thank you Sonny

00:23:04go home and tell your uncle

00:23:05everything's all right.

00:23:07I'd like you to repeat that

00:23:09David.

00:23:10Clearly

00:23:10and to the ladies

00:23:11and gentlemen

00:23:11of the jury

00:23:12who are sitting over there.

00:23:14Now

00:23:15after Mr. Michelson

00:23:16had counted the money

00:23:17what did he say to you?

00:23:19He said thank you Sonny

00:23:20go home and tell your uncle

00:23:21everything's all right.

00:23:38The case of the Queen

00:23:39against Michelson

00:23:40will be resumed tomorrow

00:23:42in the Crown Court.

00:24:07John Michelson

00:24:08the former housing manager

00:24:09of Church Manly

00:24:10stands accused

00:24:11under the Public Body's

00:24:12Corrupt Practices Act

00:24:13of 1889.

00:24:14It is alleged

00:24:15that he accepted a bribe

00:24:16from the late George Roberts

00:24:18in order to obtain

00:24:19for Mr. and Mrs. Roberts

00:24:20the tenancy

00:24:20of a luxury council flat.

00:24:22He has pleaded

00:24:22not guilty to the charge.

00:24:40Do you have a good memory David?

00:24:42Yes miss.

00:24:43Well let's test it then

00:24:44shall we?

00:24:45Who won the FA Cup

00:24:46in 1973

00:24:47not the last time

00:24:48the time before?

00:24:49Sunderland miss.

00:24:50Good.

00:24:51And who was the last

00:24:52King of England?

00:24:54George VI.

00:24:55Full marks.

00:24:57Now David

00:24:57we won't test it

00:24:58quite so far

00:24:59this time

00:25:00shall we?

00:25:01The gentleman

00:25:02in the council offices

00:25:04behind the table

00:25:05what was he wearing?

00:25:06A sort of uniform.

00:25:08A sort of uniform.

00:25:09Can you tell us

00:25:09anything about it?

00:25:10Um

00:25:11it had one of those

00:25:12round hats

00:25:13with a peak on.

00:25:14Excellent.

00:25:15And now the young lady

00:25:17in the offices

00:25:17what was she wearing?

00:25:19A black frock

00:25:19with a long white collar.

00:25:21Good.

00:25:21And Mr. Michelson?

00:25:23A suit miss

00:25:24and a collar and a tie.

00:25:26Now David

00:25:27you have told

00:25:27my learned friend

00:25:28that neither your uncle

00:25:29nor your aunt

00:25:30ever asked you

00:25:31to tell a lie.

00:25:32What would have happened

00:25:33if say

00:25:34they had asked you

00:25:35to tell a lie?

00:25:36I wouldn't have miss.

00:25:37You would not have lied?

00:25:39No miss.

00:25:39Why not?

00:25:41Because it's wrong

00:25:41to tell lies miss.

00:25:43You're quite right David

00:25:43it is wrong

00:25:44to tell lies.

00:25:45His lordship

00:25:46has already talked

00:25:47to you about that

00:25:47hasn't he?

00:25:48Yes miss.

00:25:49Then let us go

00:25:50one step further.

00:25:51Suppose your aunt

00:25:52had told you

00:25:53that it would help her

00:25:54if you told a lie.

00:25:55Would you have lied then?

00:25:57No miss

00:25:57I wouldn't have.

00:25:59Your uncle and aunt

00:26:00were good to you

00:26:00weren't they?

00:26:01Yes miss.

00:26:02They looked after you

00:26:02I mean your uncle

00:26:03took you to football matches

00:26:05when he was alive

00:26:06didn't he?

00:26:06Yes.

00:26:07Even when he wasn't

00:26:08feeling very well?

00:26:09Yes.

00:26:10Yet in spite of that

00:26:11if either of them

00:26:13had said

00:26:13it's all right

00:26:14to tell a lie

00:26:15about this

00:26:16or about that

00:26:17because it'll help us

00:26:18you still wouldn't

00:26:19have lied?

00:26:20No miss.

00:26:22Now David

00:26:22I'm going to ask you

00:26:23this question again.

00:26:24Did you go to

00:26:25the council offices

00:26:26and see Mr. Michelson?

00:26:28Yes.

00:26:32The gentleman

00:26:33in the uniform

00:26:34in the offices

00:26:35now let's talk

00:26:36about him again

00:26:37was he wearing

00:26:38metal ribbons

00:26:39on his uniform

00:26:40coloured ones

00:26:41here?

00:26:43I can't remember

00:26:44miss.

00:26:44You can't remember?

00:26:45Hmm.

00:26:46And the young lady

00:26:47in the office

00:26:47you said she was

00:26:48wearing a black dress

00:26:49with a white collar

00:26:51was it rounded

00:26:52squared

00:26:52pointed?

00:26:55Hmm?

00:26:57Can't remember?

00:26:58No miss.

00:26:59Mr. Michelson's suit?

00:27:00Can you remember

00:27:00the colour of that?

00:27:04All right David

00:27:05thank you

00:27:05that's all.

00:27:07No further questions

00:27:08my lord.

00:27:09Just a moment

00:27:09Mr. Harvesty.

00:27:10David

00:27:11what arrangements

00:27:12did you make

00:27:13with your teachers

00:27:13about today?

00:27:15I've got to go

00:27:15back to school

00:27:16as soon as I finish

00:27:16sir.

00:27:17I see.

00:27:18And is he capable

00:27:19of finding his own way

00:27:20Mr. Harvesty?

00:27:20I understand so

00:27:21my lord.

00:27:22Very well.

00:27:24Leave the court

00:27:24quietly David

00:27:25and go straight

00:27:26back to school.

00:27:29I call Arthur Franks.

00:27:31Arthur Franks

00:27:32please.

00:27:40What is your religion?

00:27:42Church of England.

00:27:42Take the bible

00:27:43in your right hand

00:27:44and read aloud

00:27:44the words on the card.

00:27:46I swear by almighty

00:27:47God that the evidence

00:27:48I shall give

00:27:48shall be the truth

00:27:49the whole truth

00:27:50and nothing but the truth.

00:27:51Your name is Arthur Franks

00:27:53and you live at

00:27:5324 Miller Street

00:27:54Forchester

00:27:55That is correct.

00:27:56What do you do

00:27:57for a living Mr. Franks?

00:27:58I'm a dealer

00:27:59in specialised

00:28:01hi-fi and stereo

00:28:02equipment.

00:28:03A lucrative profession?

00:28:04No not really.

00:28:06I wouldn't exactly

00:28:06call it a profession

00:28:08it's more of a

00:28:09vocation.

00:28:10I mean my work

00:28:11is also my hobby.

00:28:12So mere profit

00:28:14isn't quite so important

00:28:15as it might be.

00:28:16No.

00:28:17Mr. Franks

00:28:18have you ever met

00:28:19the accused?

00:28:21Yes I have.

00:28:22Would you tell us

00:28:22when that was?

00:28:24What happened?

00:28:25Yes.

00:28:26Well I

00:28:26I first met

00:28:28Mr. Michelson

00:28:29on New Year's Day.

00:28:32I advertise

00:28:33in the local

00:28:34newspapers

00:28:34specialised equipment

00:28:35and he had seen

00:28:37one of these

00:28:38advertisements

00:28:38it was for a

00:28:39rather splendid

00:28:40quadrophonic system

00:28:41and he came in

00:28:43to have a look at it.

00:28:44I've always been

00:28:45in the habit

00:28:45of opening on

00:28:46public colleges

00:28:47you understand.

00:28:48Was he impressed?

00:28:49Oh indeed

00:28:50he was

00:28:50anyone would have

00:28:51been

00:28:51it was

00:28:52beautiful equipment

00:28:54AM, FM, MPX

00:28:55matrix

00:28:56four channel

00:28:56tuner amplifier

00:28:58belt drive

00:28:59turntable

00:28:59magnetic cartridge

00:29:01and four of the

00:29:02best speakers

00:29:02in the business.

00:29:03Four speakers?

00:29:04Yes that's why

00:29:05it's called

00:29:06quadrophonic.

00:29:07Yes yes of course.

00:29:08One moment

00:29:09please.

00:29:10Are we expected

00:29:11to understand

00:29:12this jargon

00:29:14Mr. Harvesty?

00:29:14I for one

00:29:15certainly do not.

00:29:16No not precisely

00:29:18my lord

00:29:18the equipment

00:29:19in layman's terms

00:29:20comprises

00:29:21a radio

00:29:22record player

00:29:23or gramophone

00:29:24and the necessary

00:29:25loudspeakers.

00:29:27That's broadly

00:29:27correct isn't it

00:29:28Mr. Franks?

00:29:29Well yes

00:29:30very broadly.

00:29:31I see

00:29:32thank you.

00:29:34So Mr. Michelson

00:29:35was impressed

00:29:36with your

00:29:37quadrophonic system

00:29:38Mr. Franks.

00:29:39Oh indeed

00:29:40he was yes

00:29:40we started to

00:29:42talk about money

00:29:43well it was obvious

00:29:44that he couldn't

00:29:45afford the

00:29:45whole system

00:29:46the recommended

00:29:48price for this

00:29:49is over 500 pounds

00:29:51but I was willing

00:29:52to let it go

00:29:52for 420

00:29:55well he said

00:29:56that he could

00:29:56only raise

00:29:57335 pounds

00:29:59and so we

00:30:00talked the matter

00:30:00over and

00:30:02finally I agreed

00:30:03that let him

00:30:04take away

00:30:05the tuner

00:30:06amplifier

00:30:06in the speakers

00:30:07and that he

00:30:08could have the

00:30:09turntable

00:30:10and the cartridge

00:30:11for 85 pounds

00:30:13when he could

00:30:13raise the balance.

00:30:14that is provided

00:30:15of course

00:30:15that I hadn't

00:30:16sold it

00:30:16in the meantime.

00:30:17I see.

00:30:18You say you first

00:30:19met Mr. Michelson

00:30:21on New Year's Day

00:30:22do I take it

00:30:23from that

00:30:23that you

00:30:24saw him again?

00:30:26Yes

00:30:26he telephoned me

00:30:28two days later

00:30:28in the evening.

00:30:30He said that

00:30:31he had good

00:30:32prospects

00:30:32of being able

00:30:33to raise the cash

00:30:34and that

00:30:35would I

00:30:35hold on to

00:30:36the turntable

00:30:37for a further week

00:30:38and I said

00:30:38that I would.

00:30:39What happened?

00:30:40Oh well

00:30:41he came into

00:30:41the shop

00:30:42exactly

00:30:42one week

00:30:43later

00:30:45on January

00:30:46the 10th

00:30:47in the morning

00:30:49he paid me

00:30:5085 pounds

00:30:51in cash

00:30:51and he took

00:30:52the turntable

00:30:53away with him.

00:30:53In what denominations

00:30:54were those notes

00:30:55Mr. Franks?

00:30:56Five pound notes

00:30:5717 of them.

00:31:00I understand

00:31:00that you volunteered

00:31:01information to the police

00:31:02when you read about

00:31:04Mr. Michelson's arrest

00:31:05is that correct?

00:31:05Yes

00:31:07well no

00:31:08that's not

00:31:08strictly correct

00:31:09it's

00:31:10it was when I

00:31:12I saw his picture

00:31:14published in the

00:31:14newspaper

00:31:15that

00:31:16prompted my action

00:31:18I mean

00:31:19the name

00:31:21didn't mean anything

00:31:21to me at all

00:31:22Oh

00:31:23how was that?

00:31:25Well I mean

00:31:25it was only then

00:31:26when I read about the case

00:31:27that

00:31:27that I realised

00:31:29that his real name

00:31:30was Michelson

00:31:31I'd always known him

00:31:32as Mr. Hammond

00:31:33he had told you

00:31:35that his name

00:31:35was Hammond?

00:31:36Yes

00:31:38thank you Mr. Franks

00:31:40Mr. Franks

00:31:41have you

00:31:42always been in the habit

00:31:44of writing to the newspapers?

00:31:46No

00:31:47I said that I take

00:31:48advertising space

00:31:49No no no

00:31:50I'm not referring to

00:31:50advertising Mr. Franks

00:31:51the reason I ask

00:31:53is because I've been able

00:31:53to trace

00:31:54seven letters

00:31:55written by you

00:31:56and published by

00:31:57local and national

00:31:58newspapers

00:31:59during the past year

00:32:00there are probably more

00:32:01is this

00:32:02vocation a recent

00:32:03development

00:32:04or is it something

00:32:04of long standing?

00:32:07No it certainly

00:32:08is not a recent

00:32:08development

00:32:10I've always found

00:32:11that if I've got

00:32:12something to say

00:32:12the letter columns

00:32:14of the newspapers

00:32:14are a very effective

00:32:16arena in which

00:32:17to say it

00:32:17And has your subject

00:32:18always been

00:32:19the vilification

00:32:19of local government?

00:32:21No

00:32:22Now well the reason

00:32:23I ask that question

00:32:24Mr. Franks

00:32:25is because every one

00:32:26of the seven letters

00:32:27I've mentioned

00:32:28has been a

00:32:29castigation of some

00:32:30aspect of civil

00:32:31administration

00:32:32Is this not something

00:32:33of a hobby horse

00:32:34of yours?

00:32:35Were you not

00:32:36until last year

00:32:38chairman of the

00:32:39Fulchester Ratepayers

00:32:40Association?

00:32:41Yes I was

00:32:42And you were the

00:32:43organiser of this

00:32:44year's abortive rate

00:32:45strike?

00:32:46One of the organisers

00:32:48and I'm very sorry

00:32:50that it was abortive

00:32:51As one of the

00:32:52ratepayers of this

00:32:52district Mr. Franks

00:32:53I share your sorrow

00:32:55Let me say

00:32:56immediately that I

00:32:57would not suggest

00:32:58for one moment

00:32:58that you were

00:32:59capable or guilty

00:33:00of subversion

00:33:01in any of its

00:33:02forms

00:33:03I do however

00:33:04suggest most

00:33:04strongly that

00:33:05your hatred

00:33:06of the persons

00:33:07involved in local

00:33:08government colours

00:33:08not only your

00:33:09thinking but your

00:33:10evidence

00:33:10That is strictly

00:33:11untrue

00:33:13My only interest

00:33:14in this case

00:33:15is to see

00:33:15justice done

00:33:16and if what I

00:33:17know helps

00:33:18that end

00:33:18then I'm

00:33:19happy to tell it

00:33:19Is that what

00:33:20you told Mrs. Roberts?

00:33:22I've never met

00:33:22Mrs. Roberts

00:33:23Not any Mrs. Roberts

00:33:24I take it you do

00:33:26know the Mrs. Roberts

00:33:27to whom I refer

00:33:29Well I presume

00:33:30you mean the

00:33:30Mrs. Roberts

00:33:31that gave evidence

00:33:32earlier

00:33:33An inspired

00:33:34presumption

00:33:34Did you speak to

00:33:35Mrs. Roberts

00:33:36outside the court?

00:33:37Briefly yes

00:33:38And yet you'd said

00:33:39you'd never met her

00:33:40I thought you meant

00:33:41before today

00:33:42And what made

00:33:43you think that?

00:33:45Well there

00:33:45Well there was

00:33:47an implication

00:33:48Oh more than

00:33:48an implication Mr. Franks

00:33:49a positive suggestion

00:33:50that that was the truth

00:33:52That is not the truth

00:33:55Why did you feel

00:33:57it your duty

00:33:57to lay information

00:33:58before the police?

00:34:00Well I feel

00:34:01that it is

00:34:01every citizen's duty

00:34:02to stamp out corruption

00:34:03And corruption

00:34:04was evident

00:34:05A very fine phrase

00:34:06How did you know

00:34:07that corruption

00:34:08was evident?

00:34:10From what I knew

00:34:11first hand

00:34:12and from what I'd read

00:34:13in the newspapers

00:34:14When did you read

00:34:15about it in the newspapers?

00:34:16When it appeared

00:34:17When it appeared

00:34:18I see

00:34:19It appeared

00:34:20Mr. Franks

00:34:21the day after

00:34:21the accused

00:34:22was charged

00:34:23that is

00:34:23on March the 21st

00:34:25And yet

00:34:26you did not

00:34:27visit the police

00:34:27until four days later

00:34:28Does it really take you

00:34:30so long

00:34:31to recognise

00:34:31your duty

00:34:32as a citizen?

00:34:34I was taking

00:34:34a very grave step

00:34:36Indeed you were

00:34:37Mr. Franks

00:34:37a step towards perjury

00:34:39Is it not true

00:34:41that as soon as

00:34:42you had read

00:34:42the newspaper report

00:34:44you visited

00:34:44the home of Mrs. Roberts

00:34:46you heard from her

00:34:46this trumped up story

00:34:48of money being given

00:34:49to the accused

00:34:51on January the 9th

00:34:52and you decided

00:34:53to embroider it

00:34:54even further

00:34:55by telling the police

00:34:56that Mr. Michelson

00:34:57visited you

00:34:58with the £85

00:34:58on January the 10th

00:35:00when in fact

00:35:01he paid you that money

00:35:03three days earlier

00:35:04on January the 7th

00:35:06I have told

00:35:07Two days before

00:35:08the alleged bribe

00:35:09was offered

00:35:09I have told the truth

00:35:11Have you Mr. Franks?

00:35:13I have no further

00:35:14questions, my lord

00:35:15Simple questions

00:35:17Mr. Franks

00:35:18When did you first

00:35:20meet Mrs. Eileen Roberts?

00:35:21Today

00:35:23On what date

00:35:24did the accused

00:35:25pay you

00:35:25the £85 balance

00:35:27on his purchases?

00:35:29January the 10th

00:35:30Did you then realise

00:35:32that that was

00:35:33the day after

00:35:33he was alleged

00:35:34to have received

00:35:35a bribe

00:35:36of £100?

00:35:38Well I do now

00:35:39but I didn't know

00:35:40that when I laid

00:35:41the information

00:35:41before the police

00:35:42no

00:35:42And finally

00:35:43Mr. Franks

00:35:45have you allowed

00:35:45your feelings

00:35:46on the quality

00:35:47of local government

00:35:49to influence you

00:35:50in this case?

00:35:51On the contrary

00:35:52I would say

00:35:53that this case

00:35:54has influenced

00:35:54my feelings

00:35:55they're stronger

00:35:56now than they ever

00:35:57were

00:35:58Thank you Mr. Franks

00:35:59Does your lordship

00:36:00have any further questions?

00:36:01No thank you

00:36:02You may leave

00:36:03the witness box

00:36:04Mr. Franks

00:36:05I call Detective

00:36:06Inspector Stoddard

00:36:15Let us be quite clear

00:36:17on this point

00:36:18Inspector

00:36:18The files

00:36:20that you have produced

00:36:21are those relating

00:36:23to 20 successful

00:36:24tenancies

00:36:25the total number

00:36:26of flats available

00:36:27on the Lark Hill

00:36:28development

00:36:29That is correct

00:36:29And five of these

00:36:31files

00:36:31relating to

00:36:33Marshall

00:36:33Prince

00:36:34Clark

00:36:34Rogers

00:36:35and Micklewhite

00:36:36contained only

00:36:37a copy letter

00:36:38informing the recipients

00:36:39that tenancies

00:36:40had been granted

00:36:41to them

00:36:41Correct

00:36:42And of the remaining

00:36:4315

00:36:44all but one

00:36:45all but one

00:36:46were sizable files

00:36:47containing correspondence

00:36:48of an investigatory nature

00:36:50and the answering letters

00:36:51from the applicants

00:36:52Yeah that's right

00:36:53whilst the last

00:36:54and most recently dated file

00:36:56contained a letter

00:36:57to Mr. Joseph Moores

00:36:59of Radio Cosmos

00:37:00stating that the chairman

00:37:02of the council

00:37:03had mentioned

00:37:03his interest in the flats

00:37:04and asking for

00:37:06Mr. Moores requirements

00:37:07there's a reply

00:37:09stating these requirements

00:37:11and then the normal letter

00:37:12regarding the granting

00:37:13of a tenancy

00:37:14Most correct

00:37:16Now let's come to

00:37:17the unsuccessful

00:37:18applications

00:37:19the file relating

00:37:20to Mr. and Mrs. Roberts

00:37:21Yes it was different

00:37:22sir

00:37:23the others all

00:37:23contained the

00:37:24investigatory letters

00:37:25and replies

00:37:26the Roberts file

00:37:26merely contained

00:37:27the original letter

00:37:28of application

00:37:29and the reply

00:37:30stating they've been

00:37:30unsuccessful

00:37:31Thank you

00:37:32My lord I don't think

00:37:33we need refer to

00:37:34these files

00:37:35in any more detail

00:37:35now we can

00:37:36refer to them

00:37:37again later

00:37:37if necessary

00:37:39Thank you

00:37:42Inspector Stoddard

00:37:43when you cautioned

00:37:45the defendant

00:37:45he replied

00:37:46Oh dear

00:37:47I think I know

00:37:48who started all this

00:37:49correct?

00:37:50Almost ma'am

00:37:51Actually what he said

00:37:52was Oh dear

00:37:53I think I know

00:37:54who started this

00:37:55not all this

00:37:56Forgive me

00:37:57Oh dear

00:37:57I think I know

00:37:58who started this

00:38:00Did he seem

00:38:01nervous at the time?

00:38:04No ma'am

00:38:04Well did he impress you

00:38:06as a man who had been

00:38:07found out in what has

00:38:08been described

00:38:08in another place

00:38:09as the ultimate

00:38:10horror of corruption?

00:38:12Not particularly

00:38:13no

00:38:13Not at that time

00:38:14Not at that time

00:38:15Are you inferring

00:38:16that he so impressed

00:38:16you later?

00:38:17No ma'am

00:38:18Then I must ask you

00:38:20to choose your words

00:38:20a little more

00:38:21carefully

00:38:21Inspector

00:38:23Did the defendant

00:38:24at any time

00:38:24hinder you

00:38:25in the performance

00:38:26of your duties?

00:38:27For instance

00:38:28when you asked

00:38:29to examine his files

00:38:30did he put any

00:38:31obstacles in your way?

00:38:32No ma'am

00:38:35Inspector

00:38:35how long was there

00:38:36between your first

00:38:37interview

00:38:37with the accused

00:38:38and the date

00:38:39on which you exercised

00:38:40your warrant

00:38:41to search his office?

00:38:42About ten days

00:38:43sir

00:38:43Ten days

00:38:44thank you

00:38:45I don't think

00:38:46I need pursue that

00:38:47any further

00:38:48My lord

00:38:48that is the case

00:38:49for the prosecution

00:38:51Yes Miss Gibson

00:38:52I call the defendant

00:38:53John Michelson

00:39:06What is your religion?

00:39:07Church of England

00:39:08Take the bible

00:39:09in your right hand

00:39:09and read aloud

00:39:10the words on the card

00:39:11I swear by my

00:39:12to God

00:39:12that the evidence

00:39:12I shall give

00:39:13shall be the truth

00:39:14the whole truth

00:39:14and nothing but the truth

00:39:16Thank you

00:39:16Your name is John Michelson

00:39:18and you live at Oakfield

00:39:19Shrewsbury Road

00:39:20Church Manly

00:39:21Yes that is great

00:39:21Where are you employed

00:39:23Mr Michelson?

00:39:23I am deputy director

00:39:25of housing

00:39:25for the district

00:39:26of Fellerbridge

00:39:26Ah that I understand

00:39:27is the district

00:39:28which did embrace

00:39:29the borough of Church Manly

00:39:30at the recent reorganisation

00:39:32Yes that is so

00:39:33How does your present position

00:39:34compare with your previous post

00:39:36as housing manager

00:39:37of Church Manly

00:39:39Well to take

00:39:41a contemporary yardstick money

00:39:42pays much more

00:39:43than my previous job

00:39:44so I can only assume

00:39:46that it is seen

00:39:47to be more important

00:39:48and although I now

00:39:49have deputy

00:39:50in front of my title

00:39:51I am responsible

00:39:52for a much bigger area

00:39:53and greatly increased staff

00:39:54I see

00:39:55and has there been

00:39:56any suggestion

00:39:57from any official quarter

00:39:59that you should be

00:40:00suspended

00:40:01or dismissed even

00:40:02because of these proceedings

00:40:04Well none whatsoever

00:40:06I am happy to say

00:40:07that all my colleagues

00:40:08and members of the council

00:40:09treat me as they have always done

00:40:11Mr Michelson

00:40:12would you sketch for us

00:40:13briefly now

00:40:14the history of the letting

00:40:15of the Larkhill flats

00:40:16as it concerned you

00:40:18Yes

00:40:19Well we acquired the land

00:40:20in 1970

00:40:21and started building

00:40:22three years later

00:40:23There is always a demand

00:40:25for this type of accommodation

00:40:27and we had

00:40:27dozens of speculative

00:40:29applications in our files

00:40:31so there was no point

00:40:32in advertising

00:40:33I suppose we discussed

00:40:34the flats

00:40:35at about six

00:40:36or seven meetings

00:40:37in the housing committee

00:40:38and it was eventually agreed

00:40:39that we should issue

00:40:41tenancies

00:40:41from these filed applications

00:40:43And how were the successful

00:40:44applicants chosen?

00:40:46Well the committee chose

00:40:4814 from the normal applications

00:40:49and I was entrusted

00:40:50with the choice

00:40:51of six specials

00:40:53as we called them

00:40:54There were always people

00:40:55in the public eye

00:40:56who were best served

00:40:57by this kind of accommodation

00:40:59and I had to weed them out

00:41:01subject of course

00:41:02to ratification

00:41:03by the committee

00:41:04though I have to say

00:41:05that they never overruled me

00:41:06in this matter

00:41:07You appear to enjoy

00:41:08a large measure of support

00:41:09Mr Michelson

00:41:10Oh yes

00:41:11I've always been proud of that

00:41:12Mr Michelson

00:41:13How many applications

00:41:15did the committee consider

00:41:17in making their choice?

00:41:19I think it was about 80

00:41:20my lord

00:41:21As few as that

00:41:22in these days

00:41:23Well these were luxury flats

00:41:25my lord

00:41:25and the rent

00:41:26was commensurately high

00:41:27Most people specified

00:41:29a top figure

00:41:29when they applied

00:41:30for council accommodation

00:41:31and only about 80

00:41:33fell into this bracket

00:41:34I see

00:41:35Now Mr Michelson

00:41:36Just a moment

00:41:37Miss Gibson

00:41:39From how many special cases

00:41:40did you make your choice?

00:41:43I think it was

00:41:43yes it was

00:41:4411 my lord

00:41:4511

00:41:46Mr Michelson

00:41:47let us move on

00:41:48Apart from existing applications

00:41:51I gather you received more

00:41:52when the plans for Larkhill

00:41:53became public knowledge

00:41:55Yes we did

00:41:56And was one of these

00:41:57from Mr and Mrs George Roberts?

00:41:59Yes it was

00:42:00How did you categorize

00:42:01this application?

00:42:03Well I saw it

00:42:04as a special case

00:42:04Mr Roberts was something

00:42:05of a local celebrity

00:42:07and I knew that

00:42:08he didn't enjoy

00:42:08the best of health

00:42:10Oh I'm not saying

00:42:10that his accommodation

00:42:11was in any way inadequate

00:42:13but Larkhill

00:42:14being as it was

00:42:15a little farther away

00:42:16from the borough's industry

00:42:17might be fractionally

00:42:18healthier for him

00:42:19I took all these factors

00:42:21into account

00:42:22when putting his letter

00:42:23amongst my specialties

00:42:23I see

00:42:24and you were visited

00:42:25by Mrs Roberts?

00:42:26Yes I was

00:42:27Could you tell us

00:42:28about that please?

00:42:30Well it was a fairly normal

00:42:31visit up to a point

00:42:32she more or less repeated

00:42:33what her husband had written

00:42:35and I was of course

00:42:37noncommittal as I had to be

00:42:39then she went on

00:42:40to suggest

00:42:41that if they were

00:42:43to get one of the flats

00:42:45that I would be more

00:42:46than welcome

00:42:46to visit her

00:42:47as often as I liked

00:42:48For what purpose?

00:42:51Well I gather

00:42:51it wasn't but a social drink

00:42:54She was at pains

00:42:54to point out

00:42:55when her husband

00:42:56would be away from home

00:42:57and went on to say

00:42:59that there must be

00:42:59very nice views

00:43:00from the windows

00:43:03which we could both enjoy

00:43:04the bedroom windows

00:43:05I should have said

00:43:06Mr Mikelson

00:43:07please tell us

00:43:07quite simply

00:43:08what you understood

00:43:09her to mean

00:43:11I was left in no doubt

00:43:12my lord

00:43:13it was quite obvious

00:43:14from her manner

00:43:15that she was offering

00:43:16to have intercourse

00:43:17with me

00:43:17if I gave her the tenancy

00:43:18of one of the

00:43:18larky old flats

00:43:20thank you

00:43:21and how did you reply

00:43:22to this?

00:43:24in the only way

00:43:24I could

00:43:25I treated it

00:43:25as a joke

00:43:27I went on to say

00:43:28that I would treat

00:43:28her in application

00:43:29most seriously

00:43:30which indeed I did

00:43:31did you say anything

00:43:32to her about

00:43:33a business arrangement?

00:43:35no

00:43:35had you met

00:43:36Mrs Roberts before?

00:43:38yes I had

00:43:39can you tell us

00:43:40about that?

00:43:42yeah it was

00:43:42at a council dance

00:43:43she invited me

00:43:44to dance

00:43:44I remember

00:43:46she told me

00:43:47that her husband

00:43:47wasn't feeling too well

00:43:48and apparently

00:43:50he wanted to go home

00:43:51but if he did

00:43:52then she'd have

00:43:53no transport

00:43:53she appeared to be

00:43:55hinting rather broadly

00:43:56so I offered to drop her

00:43:57in the event

00:43:59it came to nothing

00:43:59her husband stayed

00:44:00and how did you feel

00:44:02to hear yourself

00:44:02described as

00:44:04something of a lady's man

00:44:06to say the least?

00:44:08I'm flattered

00:44:11mystified

00:44:12Mr Michelson

00:44:13did the boy

00:44:13David Roberts

00:44:14ever visit you

00:44:15in your office?

00:44:15never

00:44:16have you seen him

00:44:17before today?

00:44:18no

00:44:18have you ever

00:44:20accepted a bribe?

00:44:21no

00:44:21or been offered one?

00:44:23no

00:44:24then you were saying

00:44:25that the evidence

00:44:26of the boy

00:44:26David Roberts

00:44:27in so far as it

00:44:28concerned

00:44:28a visit to your office

00:44:30and the handing to you

00:44:31of an envelope

00:44:31containing money

00:44:32is pure fabrication?

00:44:34totally

00:44:35is there any reason

00:44:36to your knowledge

00:44:37why this boy

00:44:37David Roberts

00:44:39or his aunt

00:44:39should make

00:44:40these allegations?

00:44:42I can think

00:44:43of no personal reason

00:44:44but I have come

00:44:46to realise

00:44:46that to many people

00:44:47the home

00:44:49the place

00:44:50where you live

00:44:51is vastly important

00:44:52I mean I got

00:44:53the feeling

00:44:54from Mrs Roberts

00:44:55that she desperately

00:44:57wanted to live

00:44:57on Lark Hill

00:44:59I've seen this

00:45:00well passion

00:45:02before

00:45:03and I quite

00:45:04understand her feelings

00:45:05and indeed

00:45:06sympathise with her

00:45:07I mean she must

00:45:08have been desperately

00:45:09disappointed

00:45:10when I let it arrive

00:45:11but let us turn

00:45:12now to the evidence

00:45:13of Mr Arthur Franks

00:45:15did you

00:45:15did you buy

00:45:16hi-fi equipment

00:45:18from him?

00:45:19yes I did

00:45:19and did you ask him

00:45:20to hold one piece

00:45:21of equipment for you?

00:45:22yes

00:45:22and then what happened?

00:45:24well I rang him

00:45:25on the morning

00:45:26of January the 7th

00:45:27and asked him

00:45:28if he still had

00:45:28the turntable

00:45:29he said he had

00:45:30and I called

00:45:31round and bought it

00:45:32you did not then

00:45:33ring him on January

00:45:34the 3rd

00:45:35and say that you were

00:45:35expecting a windfall

00:45:37no I did not

00:45:40so you rang

00:45:41and you called

00:45:42on January the 7th

00:45:43not January the 10th

00:45:44as Mr Franks alleges

00:45:45no it was certainly

00:45:47the 7th

00:45:47it was a Monday

00:45:49Mondays are my slackest days

00:45:50and if ever I have

00:45:51any personal business

00:45:53to attend to

00:45:53I always do it

00:45:54on Monday morning

00:45:56and I remember

00:45:57this one particularly well

00:45:58how did you raise

00:45:59the money Mr Michael?

00:46:00well this is why

00:46:00I remember the day

00:46:01particularly

00:46:03well I enjoy gambling

00:46:05and four or five times

00:46:07a year I go to

00:46:07the greyhound track

00:46:08I went on the Saturday

00:46:09and well most unusually

00:46:11for me I won 110 pounds

00:46:14are you ashamed

00:46:15of this hobby of yours?

00:46:16no

00:46:17but I do understand

00:46:18how other people

00:46:19feel about it

00:46:20I must confess

00:46:21I feel it myself

00:46:22about addicts

00:46:23I am not an addict

00:46:25Mr Michelson

00:46:26it is alleged

00:46:26that during your dealings

00:46:27with Mr Franks

00:46:28you call yourself

00:46:30by an assumed name

00:46:31you call yourself

00:46:32Hammond

00:46:33is this correct?

00:46:34yes it is

00:46:35would you tell the court

00:46:36why please?

00:46:39yes well I didn't like

00:46:41doing it

00:46:41but I have

00:46:43learned from experience

00:46:45that if one is

00:46:46in public life

00:46:47a measure of anonymity

00:46:49it can be helpful

00:46:51now I don't want to

00:46:51sound ungracious

00:46:53but many people feel

00:46:54that an acquaintanceship

00:46:55with say

00:46:56someone like myself

00:46:57can be turned to advantage

00:46:59favours

00:47:00can be asked

00:47:02that sort of thing

00:47:03I have an unusual name

00:47:05and on occasions

00:47:05I don't use it

00:47:07I just feel that

00:47:08the fewer people

00:47:10in my private life

00:47:11who know of my

00:47:12public position

00:47:13the better I can

00:47:13cope with that position

00:47:15the better you can

00:47:16do your job

00:47:16yes

00:47:17and doing your job

00:47:18properly

00:47:19and fairly

00:47:20and honestly

00:47:20is a matter of

00:47:21some concern to you

00:47:22yes

00:47:24thank you Mr. Michelson

00:47:42the case of the

00:47:43Queen against Michelson

00:47:44will be resumed

00:47:45tomorrow

00:47:45in the Crown Court

00:48:10housing manager

00:48:12John Michelson

00:48:12has pleaded not guilty

00:48:14to the charge

00:48:15of accepting a bribe

00:48:16from the late

00:48:17George Roberts

00:48:17it is alleged

00:48:19that Michelson

00:48:20was to grant

00:48:21the tenancy

00:48:21of a luxury flat

00:48:22to Roberts

00:48:23and his wife

00:48:24Eileen

00:48:33Mr. Michelson

00:48:44let's clear the air

00:48:45a little shall we

00:48:47are you really suggesting

00:48:48that an 11 year old boy

00:48:50stood up in this court

00:48:51and told us

00:48:52a tissue of lies

00:48:53yes I am

00:48:55and that his aunt

00:48:56did the same

00:48:57yes

00:48:57for no other reason

00:48:59than that she was

00:49:00disappointed

00:49:01well I can think

00:49:02of no other reason

00:49:04Mr. Michelson

00:49:05Mr. Michelson

00:49:05do you agree

00:49:06that the practice

00:49:07of assuming false names

00:49:09is normally confined

00:49:10to the criminal classes

00:49:11the acting profession

00:49:13and gentlemen signing

00:49:15hotel registers

00:49:17no

00:49:19oh I see

00:49:20you consider it a normal practice

00:49:21I think it was normal

00:49:22in my situation

00:49:23yes

00:49:23and you had no ulterior motive

00:49:26other than that

00:49:27Mr. Franks might call on you

00:49:29for some unspecified favour

00:49:32if you told him your name

00:49:35Church Manley

00:49:36is 25 miles

00:49:38from Fulchester

00:49:38Mr. Michelson

00:49:39how many people

00:49:40in this land

00:49:41know the name

00:49:42of the housing manager

00:49:43of a borough

00:49:4425 miles

00:49:45from where they live

00:49:46how's it a guess

00:49:47I have no idea

00:49:48I'm sure you haven't

00:49:50now you bought

00:49:51from Mr. Franks

00:49:53equipment

00:49:53the total value

00:49:54of 420 pounds

00:49:56this was split

00:49:57into two transactions

00:49:58on January the 1st

00:50:00you paid Mr. Franks

00:50:01335 pounds

00:50:03and on January the 10th

00:50:05no no

00:50:05it wasn't the 10th

00:50:07it was the 7th

00:50:08a few days later

00:50:10you paid Mr. Franks

00:50:11a further 85 pounds

00:50:13in cash

00:50:14now whilst it's not

00:50:16actually been put

00:50:16into words

00:50:17the suggestion is

00:50:19that this money

00:50:20was part of a bribe

00:50:21received from the Roberts

00:50:22a suggestion refuted

00:50:24by you

00:50:25and explained

00:50:26by your statement

00:50:27that you won

00:50:27the money at the dogs

00:50:29I went on the Saturday

00:50:31and most unusually

00:50:33for me

00:50:33I won 110 pounds

00:50:35correct Mr. Michelson

00:50:37yes that is correct

00:50:38most unusually

00:50:39how then did you

00:50:41acquire the money

00:50:42for the first payment

00:50:43the 335 pounds

00:50:46which you also

00:50:47paid in cash

00:50:50are you suggesting

00:50:52that I took bribes

00:50:53from other applicants

00:50:54I'm not suggesting

00:50:56anything Mr. Michelson

00:50:57I'm asking

00:50:58you see according

00:50:59to Mr. Franks

00:51:00you visited him

00:51:01on the 10th

00:51:02no it was the 7th

00:51:03and you paid him

00:51:04the balance

00:51:05of 85 pounds

00:51:06in 5 pound notes

00:51:08now it must be

00:51:09remembered here

00:51:10that in other evidence

00:51:11it was stated

00:51:12that a sum of

00:51:14100 pounds

00:51:15also in 5 pound notes

00:51:17was paid to you

00:51:18on January the 9th

00:51:20you've told the court

00:51:21that the second amount

00:51:22of 85 pounds

00:51:23was the result

00:51:24of a successful

00:51:24flutter at the dogs

00:51:26will you be telling us

00:51:27that this first amount

00:51:28of over 300 pounds

00:51:30came from the same source

00:51:31yes I will

00:51:32because that is

00:51:33where it came from

00:51:34oh come now

00:51:35Mr. Michelson

00:51:36this is deteriorating

00:51:37into farts

00:51:37well I should like

00:51:38to make this

00:51:39quite clear

00:51:39that this represented

00:51:40the winnings

00:51:40of several years

00:51:43when I played

00:51:43a little game

00:51:44with myself

00:51:45if I won

00:51:45then I

00:51:46I put the money away

00:51:48in cash

00:51:48in a strong box

00:51:49and if I lost

00:51:49I lost some salary

00:51:51at best it was

00:51:52a form of saving

00:51:53and at worst

00:51:54a piece of

00:51:55harmless self-delusion

00:51:59you were responsible

00:52:01for the selection

00:52:01of six specials

00:52:03as you call them

00:52:04to be given

00:52:05tenancies

00:52:05of the Larkhill Flats

00:52:07yes I was

00:52:07and you chose

00:52:08Mrs. Marshall

00:52:09Prince

00:52:09Clark

00:52:10Micklewhite

00:52:11and a Miss Rogers

00:52:13and one other

00:52:14who was that one other

00:52:16Mr. Michelson

00:52:16Mr. Moores

00:52:17he was the manager

00:52:18of the commercial

00:52:18radio station

00:52:19based on Rutherford

00:52:21no I think

00:52:21we're at cross purposes

00:52:22Mr. Michelson

00:52:23I meant your original

00:52:24sixth choice

00:52:26wasn't it the Roberts

00:52:28weren't you quite prepared

00:52:29at that time

00:52:30to honour

00:52:30your part of the deal

00:52:31that if they paid you

00:52:33100 pounds

00:52:33you would grant them

00:52:34a tenancy

00:52:35but that when

00:52:36Mr. Moores

00:52:37later wrote

00:52:38to the chairman

00:52:38of the council

00:52:39the chairman

00:52:40more or less

00:52:41gave you an order

00:52:42to include him

00:52:43in your list

00:52:44that's nearer

00:52:45the truth

00:52:45isn't it

00:52:45no it is not

00:52:47well I'll draw

00:52:48your attention

00:52:48to the correspondence

00:52:50with your sixth choice

00:52:51Mr. Moores

00:52:52yes it flowed

00:52:54with one might say

00:52:55a positively

00:52:55indecent haste

00:52:58in your first letter

00:52:58to Mr. Moores

00:52:59dated

00:52:59the 4th of February

00:53:02you urgently

00:53:03requested his reply

00:53:05his letter

00:53:06dated

00:53:06the 6th

00:53:07presumably

00:53:08reached you

00:53:09the day before

00:53:09your deadline

00:53:10are you seriously

00:53:12telling this court

00:53:12that you didn't

00:53:13make your choice

00:53:14until the day

00:53:14before you

00:53:15sent out those letters

00:53:17I would have decided

00:53:18earlier but when

00:53:18the chairman

00:53:19spoke to me

00:53:19on the Monday

00:53:20morning

00:53:20I decided

00:53:20to postpone

00:53:21my decision

00:53:22until I received

00:53:23Mr. Moores

00:53:23reply

00:53:24that arrived

00:53:24on the Thursday

00:53:25no I suggest

00:53:26that Mr. Moores

00:53:27intervention

00:53:27was an embarrassment

00:53:28to you

00:53:29Mr. Michelson

00:53:30you had already

00:53:31made up your mind

00:53:32that the Roberts

00:53:33would be given

00:53:33a flat

00:53:34which is what

00:53:35you'd promised

00:53:36when you took

00:53:36their hundred pounds

00:53:37that is a lie

00:53:38but when you

00:53:39realised that

00:53:39Mr. Moores

00:53:40had to be

00:53:40accommodated

00:53:41you

00:53:41you made a

00:53:42last minute

00:53:43change of plans

00:53:44you ditched the Roberts

00:53:45fondly believing

00:53:46that George Roberts

00:53:46wouldn't dare

00:53:47to bring charges

00:53:47for had he done so

00:53:49he would have

00:53:49accused himself

00:53:50of the equal crime

00:53:51of proffering a bribe

00:53:52I have never

00:53:53taken a bribe

00:53:54in my life

00:53:55but would you

00:53:56have seen it

00:53:57as a bribe

00:53:59you have a list

00:54:01of worthy citizens

00:54:02don't you

00:54:02people in public life

00:54:04presumably rather

00:54:05better off

00:54:06than the average

00:54:06well I wouldn't

00:54:07say that of the Roberts

00:54:08ah but you didn't

00:54:09choose the Roberts

00:54:09did you

00:54:09or so you said

00:54:10no I didn't

00:54:10choose them

00:54:11no but they were

00:54:12considered

00:54:13you're talking

00:54:13about the list

00:54:14not the eventual

00:54:15choice

00:54:16oh I see

00:54:17that's what you meant

00:54:18oh I thought for a

00:54:19moment you'd made

00:54:19a mistake

00:54:20which isn't difficult

00:54:21when one's trying

00:54:22to stick so desperately

00:54:23to the same story

00:54:24well let's examine

00:54:25this

00:54:25you er

00:54:26you're dealing

00:54:27with important

00:54:27in the main

00:54:28moneyed people

00:54:30you're in a position

00:54:31to provide them

00:54:32with something

00:54:32that they want

00:54:33it isn't unnatural

00:54:34that they might

00:54:35wish to show

00:54:35their appreciation

00:54:37or is it unnatural

00:54:38that you might

00:54:39accept that

00:54:40appreciation

00:54:41might consider it

00:54:42not so much

00:54:42a bribe

00:54:43as a tip

00:54:45after all

00:54:45if you

00:54:46if you tip

00:54:47a taxi driver

00:54:48for driving you

00:54:49carefully

00:54:50comfortably

00:54:50speedily

00:54:51to your destination

00:54:52are you guilty

00:54:53of corruption

00:54:54is he

00:54:55he has a job

00:54:56to do

00:54:57and gets paid

00:54:57for it too

00:54:58doesn't he

00:55:00confusing isn't it

00:55:01Mr. Michelson

00:55:01rather blurred

00:55:02round the edges

00:55:03no not to me

00:55:04not to you

00:55:05no the distinctions

00:55:06are quite clear

00:55:07in my mind

00:55:07I am not a taxi driver

00:55:08really

00:55:09I am a public servant

00:55:11and I receive

00:55:12my reward

00:55:13in salary

00:55:13and if I accept

00:55:14any gifts

00:55:15or bribe

00:55:15from any member

00:55:16of the public

00:55:16with whom I have

00:55:17been dealing

00:55:17in respect of

00:55:18those dealings

00:55:19then I am guilty

00:55:20of corruption

00:55:22and whilst I must

00:55:23thank you

00:55:23for your invitation

00:55:24to confess

00:55:26I must regret

00:55:27I cannot accept it

00:55:28I see

00:55:30then we must accept

00:55:32that an 11 year old boy

00:55:33told a tissue of lies

00:55:35yes

00:55:35as did his aunt

00:55:37and Mr. Franks

00:55:39a reputable trader

00:55:40of this county

00:55:41yes

00:55:42and the money

00:55:43which you paid

00:55:43to Mr. Franks

00:55:44although corresponding

00:55:46in substance

00:55:47with the amount

00:55:47of the alleged bride

00:55:48was in fact

00:55:49the proceeds

00:55:50of a lucky evening

00:55:51at the dogs

00:55:52yes

00:55:54you really are

00:55:55asking quite a lot

00:55:56Mr. Michelson

00:55:59I have no re-examination

00:56:01my lord

00:56:01very well

00:56:02the accused

00:56:03will now return

00:56:03to the dock

00:56:04I call Richard

00:56:05Malcolm Fitch

00:56:09so Councillor Fitch

00:56:10from your knowledge

00:56:12of the defendant

00:56:13you would have

00:56:13no hesitation

00:56:14whatsoever

00:56:15in recommending him

00:56:16for any post

00:56:17of responsibility

00:56:18in local government

00:56:19none whatsoever

00:56:20no more questions

00:56:21my lord

00:56:24well you appear

00:56:25to think

00:56:25rather highly

00:56:26of the defendant

00:56:27yes I do

00:56:28we've been told

00:56:29that he won

00:56:31110 pounds

00:56:32at the greyhound track

00:56:34did you know

00:56:35Mr. Michelson

00:56:36gambled

00:56:36no I didn't

00:56:38what would have been

00:56:39your attitude

00:56:39had you known

00:56:40I can't say

00:56:41that I would have been

00:56:42entitled to an attitude

00:56:43as far as I'm concerned

00:56:45his own private life

00:56:46is his own

00:56:47he's entitled

00:56:47to do what he likes

00:56:48with it

00:56:49really

00:56:50you do surprise me

00:56:51see I should have thought

00:56:53that any activity

00:56:54by a public officer

00:56:55which reduced his circumstances

00:56:57to a dangerous level

00:56:58and thus made him

00:56:59susceptible

00:56:59to blackmail

00:57:01would be to say the least

00:57:03a matter of concern

00:57:03but he didn't reduce

00:57:05his circumstances

00:57:06to a dangerous level

00:57:07did he

00:57:08he won

00:57:10well yes

00:57:11on this occasion

00:57:12according to the defendant

00:57:13he did indeed win

00:57:15but judging from the number

00:57:17of impoverished bookmakers

00:57:18that one sees

00:57:19tramping the streets

00:57:20wouldn't you say

00:57:21that the chances of losing

00:57:24are somewhat greater

00:57:25than the chances of winning

00:57:26well it all depends

00:57:28how lucky you are

00:57:29indeed it does

00:57:30yes indeed

00:57:31luck plays a very great part

00:57:33and

00:57:33gambling is defined

00:57:35in every book of reference

00:57:37that I've been able to find

00:57:38as

00:57:38a risky undertaking

00:57:41would you agree

00:57:42with that definition

00:57:42yes I suppose so

00:57:44at the same time

00:57:45thank you Mr Fitch

00:57:45yes you've answered my question

00:57:46now I'd like you to think

00:57:48carefully before you answer

00:57:49this one

00:57:50from your knowledge

00:57:51of the defendant

00:57:53which of these alternatives

00:57:54is more likely

00:57:56that in spite of his position

00:57:58he indulged in the risky

00:58:00undertaking of gambling

00:58:01and was able to pay for

00:58:0385 pounds worth

00:58:05of equipment

00:58:05out of his winnings

00:58:07or that in fact

00:58:08he found that money

00:58:10from some other source

00:58:11if Mr Michelson

00:58:13says he won it

00:58:13at the dogs

00:58:14then he won it

00:58:14at the dogs

00:58:15and that's an end of it

00:58:16so you agree

00:58:17that he was capable

00:58:18of taking risks

00:58:19which might well

00:58:20have jeopardized

00:58:20his position

00:58:21taking risks may be

00:58:22but I haven't said

00:58:24that it could jeopardize

00:58:25his position

00:58:25oh this man

00:58:27who

00:58:29assumes a false name

00:58:30so that

00:58:31his private

00:58:32life will not

00:58:33spill over

00:58:34into his

00:58:34public business

00:58:36but what about

00:58:37what about

00:58:38the other Mr Michelson

00:58:39who walks openly

00:58:40around the greyhound track

00:58:42in his own town

00:58:45which of these two

00:58:46have you come here

00:58:47today to defend

00:58:48hmm

00:58:49or have you really

00:58:50come here today

00:58:51to defend

00:58:52not a man

00:58:53but a system

00:58:54I don't know

00:58:55what you're talking about

00:58:55oh then I'll tell you

00:58:56councillor

00:58:58we've all ever seen

00:58:59over the past year

00:58:59how the slightest scandal

00:59:01in the affairs of government

00:59:02local or central

00:59:03can create a raging thirst

00:59:06for investigation

00:59:07the sort of investigation

00:59:08which no doubt to you

00:59:09would seem

00:59:10a witch hunt

00:59:11is that what you're anxious

00:59:12to prevent

00:59:14councillor

00:59:14you can investigate me

00:59:15till you're blue in the face

00:59:17aren't I going to be allowed

00:59:19to answer that dirty allegation

00:59:20I will certainly give you

00:59:22the chance to answer

00:59:23that last question

00:59:24Mr Fitch

00:59:25which was

00:59:26as I understand it

00:59:27have you come here today

00:59:29to tell us what you know

00:59:30about the defendant

00:59:31or to attempt

00:59:32to circumvent an investigation

00:59:34into the local government

00:59:35of your area

00:59:36quite a pertinent question

00:59:38I think

00:59:38I've come here to speak

00:59:39for the defendant

00:59:40my lord

00:59:40who I know

00:59:41to be an honest man

00:59:42thank you

00:59:43does that satisfy you

00:59:44Mr Harvesty

00:59:46I will take note

00:59:47of the answer

00:59:47my lord

00:59:47have you any further questions

00:59:49no thank you my lord

00:59:50Miss Gibson

00:59:50no re-examination

00:59:51my lord

00:59:52very well

00:59:52you may leave the witness box

00:59:54I call Wendy Elizabeth

00:59:56Bartholomew

01:00:05I swear by almighty god

01:00:06that the evidence

01:00:07I shall give

01:00:08should be the truth

01:00:08the whole truth

01:00:09and nothing but the truth

01:00:12your name is

01:00:12Wendy Elizabeth Bartholomew

01:00:14and you live at

01:00:1532 Craig Road

01:00:16Church Manly

01:00:17yes

01:00:17what is your occupation

01:00:19I'm a secretary

01:00:21to whom

01:00:21Mr Michelson

01:00:23to this Mr Michelson

01:00:24to the defendant

01:00:25yes

01:00:27now

01:00:27oh

01:00:28could you speak

01:00:29just a little bit louder

01:00:30Miss Bartholomew

01:00:30so that the jury

01:00:31could hear you

01:00:32quite plainly

01:00:33yes

01:00:33thank you

01:00:34that's better

01:00:35now

01:00:35your office

01:00:36where is it in relation

01:00:37to Mr Michelson's

01:00:38well

01:00:39from the outside corridor

01:00:40you go through my office

01:00:41to Mr Michelson's

01:00:42I see

01:00:43and is there any other way

01:00:44out of his office

01:00:45than through yours

01:00:46no

01:00:47there's only the one door

01:00:48now

01:00:49what would you do

01:00:50if someone

01:00:51unknown to you

01:00:52and without an appointment

01:00:53asked to see

01:00:54Mr Michelson

01:00:55I'd ask what their business was

01:00:57and if it seemed urgent

01:00:58I'd ask Mr Michelson

01:00:59if he wanted to see the person

01:01:01and do you remember that happening

01:01:02in the case of a Mrs Roberts

01:01:04yes I do

01:01:05would you tell us about it

01:01:06it was January the 3rd

01:01:09she asked to see Mr Michelson

01:01:11and he said he'd see her

01:01:12so I showed her in

01:01:14now

01:01:15I want you to go forward

01:01:16six days in time

01:01:18until January the 9th

01:01:19on that date

01:01:20did you admit

01:01:21an 11 year old boy

01:01:22David Roberts

01:01:23to Mr Michelson's office

01:01:24no

01:01:25I never let children in

01:01:26never

01:01:27no

01:01:27it's a rule

01:01:29there are some families

01:01:30on the housing list

01:01:31that send their children

01:01:31on purpose

01:01:32thinking Mr Michelson

01:01:33will be sorry for them

01:01:34but I never let them in

01:01:36so you're saying

01:01:37that if David Roberts

01:01:39had asked

01:01:40to go into the inner office

01:01:41on that

01:01:42or any other day

01:01:43you would on no account

01:01:44have showed him in

01:01:45yes

01:01:46I mean

01:01:46I never showed him in

01:01:48have you ever seen the boy

01:01:50no

01:01:52thank you

01:01:55Miss Bartholomew

01:01:57if you've never seen

01:01:58David Roberts

01:01:59how do you account

01:02:00for the fact that

01:02:01he knows

01:02:02that you wear

01:02:02a black dress

01:02:04with a long white collar

01:02:06you do own such a dress

01:02:07I take it

01:02:07I used to

01:02:09I don't now

01:02:10yes well we won't split hairs

01:02:12you own such a dress

01:02:13on January the 9th

01:02:15it's a simple question

01:02:16did you or did you not

01:02:17own such a dress

01:02:18on January the 9th

01:02:19no no I didn't

01:02:20I gave it away on the 6th

01:02:21I remember now

01:02:23you gave it away

01:02:25yes to my friend Susan

01:02:27it was getting a bit

01:02:28tight for me

01:02:29and she was slimmer

01:02:30than I was

01:02:30yes yes I'm sure

01:02:31it's a very interesting story

01:02:32but what interests me more

01:02:34is that you should be able

01:02:36to remember

01:02:36so suddenly

01:02:37and so dramatically

01:02:39that you gave it away

01:02:40on this particular date

01:02:42it's her birthday

01:02:44the 6th

01:02:44she's a Capricorn

01:02:46and she'd always

01:02:47like the dress

01:02:48well you're obviously

01:02:49very very kind

01:02:51to people you like

01:02:52Miss Bartholomew

01:02:54tell me

01:02:54do you like

01:02:56Mr. Michelson

01:02:57yes

01:02:58he's a good employer

01:03:00is he

01:03:00kindly

01:03:01considerate

01:03:02yes

01:03:03do you like him

01:03:05very much

01:03:06yes

01:03:08would you say

01:03:08a little louder please

01:03:10yes

01:03:11yes I thought so

01:03:13Miss Bartholomew

01:03:14you say that you gave away

01:03:15your only black dress

01:03:16with a white collar

01:03:17on January the 6th

01:03:19you could not therefore

01:03:20have been wearing it

01:03:21on January the 9th

01:03:22when the boy David Roberts

01:03:24allegedly visited

01:03:25the council offices

01:03:26no

01:03:28could you have been

01:03:29wearing it on January the 3rd

01:03:31when Mrs. Roberts

01:03:32came to see Mr. Michelson

01:03:34I could have

01:03:35I had been wearing it

01:03:36quite often just before

01:03:37I gave it away

01:03:37it was an office dress

01:03:39thank you

01:03:40does your lordship

01:03:41have any questions

01:03:42no

01:03:43you may go

01:03:43I call Norman Brooks

01:03:45Norman Brooks please

01:03:53what is your religion

01:03:54Presbyterian

01:03:55take the bible

01:03:55in your right hand

01:03:56and read aloud

01:03:57the words on the card

01:03:57I swear by almighty God

01:03:59that the evidence

01:04:00I should give before

01:04:00be the truth

01:04:01the whole truth

01:04:01and nothing but the truth

01:04:03is your name

01:04:04Norman Brooks

01:04:04and do you live at

01:04:056A Merton Street

01:04:06Church Manly

01:04:07yes that is correct ma'am

01:04:09you are I believe

01:04:10a member of the

01:04:10corps of commissionaires

01:04:12yes ma'am

01:04:13I've had the honour

01:04:14to serve the corps

01:04:14for the past 17 years

01:04:16Mr. Brooks

01:04:17are you used to

01:04:18obeying orders

01:04:19implicitly

01:04:20oh yes ma'am

01:04:21what were your orders

01:04:23regarding the admittance

01:04:24of children

01:04:25to the council offices

01:04:26under no circumstances

01:04:28must they be admitted ma'am

01:04:30without the express permission

01:04:32of the official

01:04:32concerned

01:04:33so if an 11 year old boy

01:04:35was to ask for Mr. Michelson

01:04:37you would not

01:04:38under any circumstances

01:04:39take it upon yourself

01:04:41to show him

01:04:42into the council offices

01:04:43under no circumstances ma'am

01:04:46now are you always

01:04:47on duty at the west entrance

01:04:48the one next to

01:04:49the official's car park

01:04:50yes ma'am

01:04:51except for holidays

01:04:52that is

01:04:53were you on duty

01:04:54there on January

01:04:55the 3rd last

01:04:56yes ma'am

01:04:58would you recall

01:04:58Mrs. Eileen Roberts

01:05:00asking for Mr. Michelson

01:05:01yes ma'am

01:05:02and I directed her

01:05:03up to the office

01:05:04and you were on duty

01:05:06on January the 9th last

01:05:07yes ma'am

01:05:08and did you

01:05:09on that day

01:05:10direct the boy

01:05:11David Roberts

01:05:12to the office

01:05:13oh most certainly not ma'am

01:05:16have you to your knowledge

01:05:18ever seen David Roberts

01:05:20not to my knowledge ma'am

01:05:22thank you Mr. Brooks

01:05:25well now Mr. Brooks

01:05:26you say that you have

01:05:27strictest orders

01:05:28on dealing with children

01:05:31why is this

01:05:32they're a bloody nuisance sir

01:05:36I beg your pardon my lord

01:05:37I'm sorry sir

01:05:39you see sir

01:05:40their parents are always

01:05:41sending them in

01:05:42with wee notes

01:05:43and messages

01:05:44for the rates department

01:05:46and the rents officers

01:05:47and such like

01:05:48well we have to put

01:05:49a stop to that sir

01:05:50or else it'd be

01:05:50running all over the building

01:05:52really as bad as that

01:05:53oh yes sir

01:05:53so if you get a lot of children

01:05:56making inquiries

01:05:58it's possible that you did see

01:06:00David Roberts that day

01:06:01isn't it

01:06:02I mean the only thing

01:06:03that you can be sure of

01:06:04is that you didn't let him

01:06:05into the building proper

01:06:06oh I'm sure of that sir

01:06:08but not that you didn't see him

01:06:11well like I say sir

01:06:12we do get a lot of them

01:06:14yes yes of course you do

01:06:16so it's possible

01:06:17that the boy saw you

01:06:20went out

01:06:21and re-entered

01:06:22by another door

01:06:23and so made his way

01:06:24to Mr Michelson's office

01:06:25oh no that wouldn't be possible sir

01:06:27oh

01:06:27not on that day

01:06:29you see sir

01:06:29because of the fuel crisis

01:06:31most of the lights

01:06:33in the council offices

01:06:34were turned off

01:06:35and most of the doors

01:06:37into the building

01:06:37were closed that day

01:06:38except for the one

01:06:39that I was in charge of

01:06:41I see

01:06:41so if anyone wanted

01:06:42to get into the building

01:06:44unofficially as it were

01:06:45they would have to go

01:06:46over your dead body

01:06:47yes sir

01:06:49you told my learned friend

01:06:50that you

01:06:51you're used to obeying

01:06:53orders implicitly

01:06:54is that correct

01:06:55yes sir

01:06:56do you always agree

01:06:57with the orders

01:06:58that you're given

01:07:00well it's not for me

01:07:01to question them sir

01:07:03no I didn't ask

01:07:04if you question them

01:07:05I asked if you agree

01:07:07with them

01:07:08I most of them sir

01:07:10most of them

01:07:11which means that

01:07:12some of them

01:07:12you do not agree with

01:07:13that's what you mean

01:07:14isn't it

01:07:16yes sir

01:07:17can you give me an example

01:07:18of an order

01:07:19with which you did not agree

01:07:21Mr Harvesty

01:07:22the council for the defence

01:07:24is adopting

01:07:24a most tolerant attitude

01:07:26but I am not at all sure

01:07:27that your line of questioning

01:07:29is relevant

01:07:29I can assure your lordship

01:07:31that I have no intention

01:07:32of wasting the court's time

01:07:34very well

01:07:35you may answer the question

01:07:36Mr Brooks

01:07:37I asked Mr Brooks

01:07:39if you could give an example

01:07:40of an order you were given

01:07:41with which you did not agree

01:07:44well sir

01:07:45there are occasions

01:07:47when say

01:07:48the gentlemen of the press

01:07:50are anxious to talk

01:07:51to one of the councillors

01:07:53or one of the officers say

01:07:55and well it isn't convenient

01:07:59and I've been told to say

01:08:01that the gentleman's not in

01:08:04I see

01:08:06you're asked to lie

01:08:08in fact

01:08:09yes sir

01:08:10and as it's an order

01:08:11from a superior officer

01:08:13you do lie

01:08:15yes sir

01:08:16yes

01:08:16well let's suppose

01:08:18Mr Brooks

01:08:19that you had on January the 9th last

01:08:21been ordered to admit

01:08:22the boy David Roberts

01:08:24but that

01:08:24if you were questioned about it

01:08:26Mr Michelson told you

01:08:27that you should deny

01:08:29admitting him

01:08:30would you have obeyed those orders

01:08:32my lord I must object

01:08:32it's not possible from witness

01:08:34to answer a totally hypothetical question

01:08:36yes I agree

01:08:37I do see where you are leading now

01:08:40Mr Harvesty

01:08:41but hypotheses do not help

01:08:43I beg your lordship's pardon

01:08:45may I put it this way

01:08:46Mr Brooks

01:08:47have you ever

01:08:48at any time

01:08:49refused to obey an order

01:08:52given to you by Mr Michelson

01:08:57no sir

01:08:58no more questions

01:09:01I have no re-examination my lord

01:09:03very well

01:09:04you may go Mr Brooks

01:09:05that is the case for the defence my lord

01:09:10members of the jury

01:09:12the accused is charged

01:09:14under section one

01:09:16of the public body's

01:09:17corrupt practices act

01:09:19of 1889

01:09:20namely

01:09:21that he did corruptly

01:09:23accept the sum of 100 pounds

01:09:25from George Roberts

01:09:26as an inducement

01:09:28to procure for George Roberts

01:09:31the tenancy

01:09:31of a council flat

01:09:34it is now for you

01:09:35to ask yourselves

01:09:36whether the evidence

01:09:37you have heard

01:09:38has established

01:09:40beyond all reasonable doubt

01:09:42that this offence

01:09:43was committed

01:09:44there are points

01:09:45most important points

01:09:49in the

01:09:50in the evidence

01:09:51from defence

01:09:52and prosecution

01:09:53which are diametrically

01:09:55opposed

01:09:56an 11 year old boy

01:09:58has taken the oath

01:09:59and said one thing

01:10:01a 17 year old girl

01:10:03has taken the same oath

01:10:04and said the opposite

01:10:07only one

01:10:08can be telling the truth

01:10:10and it is for you

01:10:11members of the jury

01:10:12to determine

01:10:13where that truth lies

01:10:16I will simply remind you

01:10:17that it is the duty

01:10:19of the prosecution

01:10:20to prove their case

01:10:21beyond all reasonable doubt

01:10:24now if you are satisfied

01:10:26beyond all reasonable doubt

01:10:27that the defendant

01:10:29did corruptly accept

01:10:31the sum of 100 pounds

01:10:32then

01:10:33you will bring in

01:10:35a verdict of guilty

01:10:36if on the other hand

01:10:38you are not so satisfied

01:10:39you will find the defendant

01:10:41not guilty

01:10:43now members of the jury

01:10:44I will ask you

01:10:46kindly to retire

01:10:47and consider your verdict

01:10:50all stand

01:11:03members of the jury

01:11:05will your foreman

01:11:05please stand

01:11:07just answer this question

01:11:08yes or no

01:11:09have you reached a verdict

01:11:10on which you are all agreed

01:11:11yes

01:11:12do you find the accused

01:11:13John Michelson

01:11:14guilty or not guilty

01:11:16guilty

01:11:17is that the verdict

01:11:18of you all

01:11:19yes

01:11:21John Michelson

01:11:22you have been convicted

01:11:24of a very serious offence

01:11:26although you are a man

01:11:27of professionally good character

01:11:29and I give you

01:11:30due regard for that

01:11:31the only proper sentence

01:11:33in a case such as this

01:11:34where you have abused

01:11:36your position

01:11:36of public trust

01:11:39is a sentence

01:11:40of imprisonment

01:11:41you will go to prison

01:11:42for 18 months

01:11:44take him down

01:11:56next week

01:11:57a chance for you

01:11:58to join another jury

01:11:58in assessing the facts

01:12:00when our cameras return

01:12:01to watch a leading case

01:12:02in the Crown Court

01:12:03and we'll see you next week

01:12:33and we'll see you next week

Crown Court - The Messenger Boy (1974)

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