- 58 minutes ago
Crown Court: the gripping courtroom drama from the 1970s and 1980s.
Active hunt saboteurs, Gregory Deacon and Sally Williams, are jointly charged with damaging the grave of the late Guy Benstead, the local Master of Foxhounds.
Michael Denison plays Judge Wycliffe, whilst Lewis Fiander (who would appear in the Doctor Who adventure Nightmare in Eden) and Helen Cherry appear as prosecuting and defence counsel respectively.
Everyone's a bit tetchy in this one!
Active hunt saboteurs, Gregory Deacon and Sally Williams, are jointly charged with damaging the grave of the late Guy Benstead, the local Master of Foxhounds.
Michael Denison plays Judge Wycliffe, whilst Lewis Fiander (who would appear in the Doctor Who adventure Nightmare in Eden) and Helen Cherry appear as prosecuting and defence counsel respectively.
Everyone's a bit tetchy in this one!
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TVTranscript
00:00:27For more information, visit www.FolchesterCraft.com
00:00:31The case which we're about to see is fictional. The procedure, however, is legally accurate.
00:00:36The characters are played by actors, but the jury is selected from members of the general public.
00:00:50Did you know they were coming?
00:00:51They're fine.
00:00:52No, not here.
00:00:53All stand.
00:01:00Are you Gregory Patrick Deacon?
00:01:03Yes.
00:01:03Are you Sally Elizabeth Williams?
00:01:05Yes.
00:01:05I'm sorry to interrupt, Your Honour.
00:01:07I should have informed the clerk that my clients were married to each other yesterday at Fulchester Register Office,
00:01:12and the indictment should read, Sally Elizabeth Deacon.
00:01:16An inauspicious start to your honeymoon.
00:01:18Gregory Patrick Deacon and Sally Elizabeth Deacon,
00:01:21On this indictment, you are charged with damaging property contrary to Section 1, Paragraph 1 of the Criminal Damage Act,
00:01:271971.
00:01:28The particulars are that you jointly, on February 20th, 1979, at St. Agnes Churchyard, Benstead Green,
00:01:35without lawful excuse, damaged a grave and a headstone belonging to Guy Benstead,
00:01:40intending to damage such property or being reckless as to whether such property would be damaged.
00:01:45Gregory Patrick Deacon, how say you?
00:01:47Are you guilty or not guilty?
00:01:49Not guilty.
00:01:49Sally Elizabeth Williams, I mean Deacon, how say you?
00:01:54Are you guilty or not guilty?
00:01:56Not guilty.
00:02:01Brigadier Edward Benstead died on February 15th
00:02:04and was buried in St. Agnes Churchyard three days later on February 18th.
00:02:10The brigadier became master of Fulchester Foxhounds a year before his death,
00:02:14when he'd been obliged to fight a most unpleasant rearguard action
00:02:18against a local group of hunt saboteurs who were trying to get fox hunting discontinued in the area.
00:02:25The evidence will show, ladies and gentlemen, that the prisoners who head this bunch of saboteurs
00:02:30indulged in a vicious campaign against Brigadier Benstead,
00:02:34a campaign that did not end with the brigadier's death.
00:02:38Silence.
00:02:40Because, members of the jury, only 48 hours after the brigadier was buried,
00:02:45his grave was violated in the most appalling manner.
00:02:48An act that the evidence will show was planned and executed by the two accused.
00:02:54Silence!
00:02:55Silence!
00:02:55Remove those people!
00:02:57Silence!
00:02:59Silence!
00:03:01Silence!
00:03:02Silence!
00:03:03Silence!
00:03:05Silence!
00:03:06Silence!
00:03:07Silence!
00:03:07Silence!
00:03:08There's not bad for starters.
00:03:10It's just about the level we can expect.
00:03:11We had no idea they'd be in court.
00:03:13I'm sorry.
00:03:14Sorry.
00:03:15I'm glad to hear it, Deacon.
00:03:16Their hearts are in the right place.
00:03:19But their boots and banners are not.
00:03:23So, Sergeant Barford, at a quarter past five on the 20th of February, you received a call.
00:03:28Yes.
00:03:29And what did you do as a result?
00:03:30I went to St Agnes' churchyard at Benstead Green.
00:03:33And what did you find?
00:03:35The church warden, Dr Phillips, was waiting.
00:03:37He took me to the Benstead grave on the other side of the church.
00:03:40It was all smashed up.
00:03:42Vases and urns in pieces.
00:03:44Bunches of flowers and wreaths torn apart and thrown around.
00:03:48Some red paint had been tipped on, making a little pull.
00:03:51The headstone was broken.
00:03:53And the remains of a dead fox draped across it.
00:03:56Several days old.
00:03:58Disgusting.
00:03:59The headstone was broken?
00:04:00Smashed.
00:04:01Several heavy blows, I should think.
00:04:03The base was still intact, written on in red paint.
00:04:07R.I.P. Brigadier Blood.
00:04:09Scrawled as if with a stick.
00:04:11Anything else?
00:04:12There was a large floral tribute in the shape of a saddle,
00:04:15sent by Brigadier Benstead's family.
00:04:18It had been torn apart.
00:04:19Pieces of wire were sticking out of it.
00:04:21Did you examine this wire closely?
00:04:23Yes.
00:04:24The ends were quite sharp.
00:04:25And there appeared to be traces of blood on them.
00:04:28Not enough for forensic examination, unfortunately.
00:04:31I see.
00:04:31May she be shown Exhibit One?
00:04:33Conditional witness order was made in respect of the photographer, Your Honour.
00:04:37Have you the photographs?
00:04:39Do they show you what you observed in the church hour?
00:04:42They do.
00:04:43Good, thank you.
00:04:44Now, can you assist us with this?
00:04:45The late Brigadier Benstead was master of the Fulchester Fox House.
00:04:49Yes, he was.
00:04:50And have there been any opposition to the hunt?
00:04:52Yes, very much so.
00:04:53And they've been stepping up their campaigns since the New Year.
00:04:57Every Saturday...
00:04:58Campaign, Sergeant.
00:05:00Following the hunt.
00:05:01Blocking pathways.
00:05:02Blowing horns.
00:05:03Shouting.
00:05:04Disrupting the hunt.
00:05:05Yes.
00:05:06So, there is, and was, a body of hunt saboteurs.
00:05:11Yes.
00:05:12Let's make it plain for the jury, Sergeant.
00:05:15It is not unlawful to sabotage a hunt.
00:05:17Of course not, provided they don't break the law,
00:05:20or start any action likely to cause a breach of the peace.
00:05:23I must have thought that's almost inevitable, Sergeant.
00:05:26Things get difficult, Your Honour.
00:05:27We do our best to keep the two sides apart.
00:05:29Yes, I'm sure you do.
00:05:31Are the leaders of the hunt saboteurs known to you?
00:05:34Yes.
00:05:35The two accused are the ringleaders.
00:05:37You say the saboteurs stepped up their activities after the New Year?
00:05:41Yes.
00:05:42That's the problem.
00:05:43They're mob-handed now.
00:05:44Dozens of them.
00:05:45Well briefed.
00:05:46They always seem to know when the hunt's on, where it's meeting and where it's going.
00:05:50Always?
00:05:51Yes.
00:05:52And the two accused?
00:05:53Always in the thick of it.
00:05:55And at this time, the late Brigadier Benstead was master of the foxhounds?
00:06:00Yes.
00:06:01He personally led the hunt?
00:06:03Yes.
00:06:03Every time.
00:06:04When you left the churchyard on the 20th of February, where did you go?
00:06:07I obtained a search warrant and went to interview the two accused, accompanied by Detective Constable Keegan.
00:06:13And did you see them?
00:06:14Yes.
00:06:15I called at 14 Cedar Close, Fulchester, Deacon's house at 6.30pm.
00:06:20They were both there.
00:06:21Yes.
00:06:22Well, tell us about the interview.
00:06:23I asked if I might go in and talk with them.
00:06:25Deacon agreed.
00:06:26I then told them that I was making enquiries about an incident at Benstead Green that day.
00:06:31I asked them where they'd been that afternoon.
00:06:34And did they reply?
00:06:34No.
00:06:35Not a word.
00:06:36That's their game.
00:06:37Did you question them any further?
00:06:39Yes.
00:06:40I told them it would be in their interest to tell me where they'd been that afternoon,
00:06:43so that I could eliminate them from my enquiries.
00:06:46I then asked them again if they'd been anywhere near Benstead Green.
00:06:50They both of them said they had not.
00:06:51And did you notice anything at this stage?
00:06:54Yes.
00:06:55There were two blue anoraks lying discarded on a chair.
00:06:58I asked them if they were there, as they said they were.
00:07:01I then noticed the accused William's hands were covered in scratches.
00:07:05I asked the accused William's...
00:07:06Now, Mrs Deacon, Sergeant.
00:07:09Oh, really?
00:07:10Hmm.
00:07:11I asked her how she'd scratched her hands.
00:07:13She made no reply.
00:07:15I then asked if I might carry out a search.
00:07:18Deacon said I may not.
00:07:20I then produced a search warrant and proceeded to carry out a search.
00:07:24In Deacon's car, we found a sledgehammer in the boot and three paint pots.
00:07:29Two of them had been very recently emptied, the third half full.
00:07:33Tess confirmed that it was the same kind of paint that had been tipped onto the grave.
00:07:38May the witness be shown, Exhibits 2 and 3.
00:07:41Are these the articles you found in the boot of Deacon's car?
00:07:45Yes.
00:07:46Did you notice anything else?
00:07:49The soil around the Benstead grave is clay, very pale.
00:07:53The floor mats in the front of the car were covered in it.
00:07:56The pedals, too.
00:07:57I see.
00:07:59And in the accused Mrs Deacon's anorak coat pocket, we found a torn pair of gloves.
00:08:05And both the accused denied they had been in the area?
00:08:08Later, they agreed they had, but refused to say any more until they had seen the solicitor.
00:08:13Indeed.
00:08:14We also found a note in the accused Mrs Deacon's handwriting.
00:08:19A note from her to Deacon.
00:08:21Dated Thursday, 19th February.
00:08:23That was the day after Brigadier Benstead was buried.
00:08:27Yes.
00:08:30Yes, these are the gloves and this is the note.
00:08:33Will you read it, please?
00:08:35The demolition job we talked about.
00:08:38Let's do it tomorrow.
00:08:39Paint us well.
00:08:40We'll make them see red.
00:08:42Don't forget the sledgehammer.
00:08:44P.S.
00:08:45We'll celebrate afterwards.
00:08:47Yes, I see.
00:08:48Mrs Deacon, it would appear, has a macabre sense of humour.
00:08:51I then told them I was arresting them and why, and cautioned them.
00:08:55Thank you, Sergeant.
00:08:58Sergeant Barford,
00:09:00neither of the defendants has been in trouble with the police, have they?
00:09:03No.
00:09:03You've never spoken to them, either of them before?
00:09:06No.
00:09:07At ten past five on the 20th of February, you didn't even know that the grave had been damaged.
00:09:12But at 6.30, you were interviewing suspects.
00:09:17Incredible detective work.
00:09:20How were you able to trace the defendants so quickly and easily?
00:09:23It's our job to know who's who in local organisations.
00:09:26All local organisations or only those in the protest business?
00:09:31Come, come, Sergeant.
00:09:32You've already told us that the Hunt saboteurs have a legal right to do what they were doing.
00:09:37My clients have never been in any trouble with the police, so what are they doing on your file?
00:09:41I never said they were on any file.
00:09:43I ask you again, Sergeant.
00:09:44How did you trace them so quickly?
00:09:47Now, Greg Deacon drives a Vauxhall Victory Estate, is that correct?
00:09:51Yes.
00:09:51And did he use this car on Hunt saboteur missions?
00:09:54Yes.
00:09:54So it would be parked in the lane somewhere near the Hunt meet?
00:09:57Yes.
00:09:57Yes.
00:09:58Did you take a note of the number of Deacon's car?
00:10:01Yes.
00:10:02Why?
00:10:02Why not?
00:10:04You had a search warrant when you visited the home of the defendants, just because they
00:10:09happened to be known Hunt saboteurs.
00:10:12Your Honour, my Leonard friend's police bashing seems to be totally irrelevant to this case.
00:10:16I was trying to show, Your Honour, that the attitude of the police towards my clients is hostile,
00:10:20and hence my client's attitude when first seen by the police.
00:10:23Are you disputing any facts in the sergeant's evidence, Miss Kent?
00:10:26No, Your Honour, I am questioning the impartiality of the police.
00:10:30Well, the evidence is before us.
00:10:31The court is not concerned with how the police traced the defendants, but what happened when
00:10:35they found them.
00:10:36Now, let's get on.
00:10:38Your Honour.
00:10:40Sergeant, it's right, isn't it, that Greg Deacon has complained to you of violence on
00:10:44the part of the Huntsman?
00:10:45Yes, about a fortnight before the incident.
00:10:47Said he'd been whipped.
00:10:48By whom?
00:10:50By Guy Benstead, the late Brigadier Benstead's son, Your Honour.
00:10:53This was in the course of the hunt, was it not?
00:10:56So he alleged, yes.
00:10:58And?
00:10:59I told him he'd have to make a formal complaint, go to court.
00:11:03He'd need witnesses.
00:11:04And did he make such a complaint?
00:11:06No, Your Honour.
00:11:06He wasn't prepared to back it up.
00:11:09I'm not surprised, Sergeant.
00:11:11Now, these paint pots you found in Greg Deacon's car, what sort of paint is it?
00:11:16Red.
00:11:17We know.
00:11:19Is it deluxe paint or ordinary commoner garden household slap-it-on stuff?
00:11:23Household paint.
00:11:24The sort you and I could buy in any supermarket?
00:11:26Yes.
00:11:27The sort that most people would use in home decorating?
00:11:29I suppose, sir.
00:11:30At the time of the incident, you visited the flat which Mrs Deacon rents?
00:11:34Yes.
00:11:34It was being decorated, was it not?
00:11:36Yes.
00:11:36In what colour?
00:11:38It was red, wasn't it, Sergeant?
00:11:40That same bright red.
00:11:42The identical paint, in fact.
00:11:45Yes.
00:11:45I see.
00:11:47Now, the soil around the Benstead plot is pale clay.
00:11:51And such soil was found in Deacon's car.
00:11:54Yes, it was.
00:11:54It would be surprising if it were not, Sergeant.
00:11:57As a local police officer, you should know that most of the soil around Benstead green is clay.
00:12:03There are exposed stretches of white clay at Shilcot Bottom, Tintin Copse, Farncombe Warren, all of it hunt country.
00:12:11My clients agree that on the 20th of February they were in this area, in all these areas.
00:12:17Then why didn't they come out with it in the beginning?
00:12:19They had something to hide.
00:12:20Yes, they did, Sergeant.
00:12:21They were doing reconnaissance for the following day's hunt.
00:12:24Where to deploy their troops, seeing the lay of the land.
00:12:28Not something they would want the police to know.
00:12:30That wasn't why they denied being there.
00:12:32That, Sergeant, is a matter for the jury.
00:12:34Now, tell me, are hunt saboteurs your only bette noire?
00:12:39I don't understand.
00:12:41I can think of at least one other pet hate of the Fullchester police.
00:12:44The local tun-up lads.
00:12:47Windows stoned in the shopping arcade, flower beds churned up in the park, graffiti on every corner.
00:12:53Do you know where they are going to strike next?
00:12:56Of course not.
00:12:57According to the Fullchester echo of February the 7th, half a dozen of these youngsters, and I quote,
00:13:04tore at high speed past the hunt meet at the Old Plough Inn, horses shied, the hounds scattered, and hunt
00:13:10saboteurs on both sides of the road clapped and cheered.
00:13:13Is that true, Sergeant? Did that happen?
00:13:16According to my information, yes.
00:13:18Two days later, Brigadier Benstead wrote a letter to the same paper.
00:13:22It went on at length about the need to deal harshly with the motorcycling youth of the area.
00:13:27He called them typical products of today's younger generation, the yobbo mentality.
00:13:33Thoughtless, witless, and gutless.
00:13:37Might even have given these kids ideas.
00:13:40Don't you agree?
00:13:48Dr. Phillips, what is your full name and address?
00:13:50Thomas Phillips, Willow Cottage, Benstead Green.
00:13:53Are you still in practice?
00:13:54Retired.
00:13:55And you hold a post at St. Agnes Parish Church, Benstead Green.
00:13:58Yes, church warden.
00:13:59Have you been there for some time?
00:14:01Almost a year.
00:14:02Lovely old church, you see, 15th century.
00:14:04Twice restored, damaged in the Civil War.
00:14:07You're very fond of it.
00:14:08Oh yes, we all are.
00:14:09Now, Dr. Phillips, were you at the church on the afternoon of February the 20th?
00:14:14Yes.
00:14:17Well, what were you doing?
00:14:19A niece of mine and her husband were over visiting from America for a week with their children.
00:14:24I was showing them over the church and the churchyard, which is the most beautiful in the country.
00:14:28They say that a whole platoon of royalists are buried out there somewhere.
00:14:32Yes, what time was this, when you showed your party around the churchyard?
00:14:36I would say it's about 3.30.
00:14:38Yes, that's it, because I remember stopping at the Benstead plot and showing it to them.
00:14:42Five generations of the family are buried there.
00:14:45Beautiful saddle of flowers on the brigadier's grave.
00:14:48Yes, and what did you all do then?
00:14:49Well, then we went inside the church.
00:14:51My niece's husband is a real brass-rubbing enthusiast.
00:14:55St. Agnes has some excellent originals.
00:14:57Did you know that Sir Learfrick of Chiltington is buried there?
00:15:01Ah, no, I didn't.
00:15:04So, you and your visitors were busy inside the church.
00:15:08Yes.
00:15:08And what happened then?
00:15:11Ah, yes. Tristan went missing.
00:15:13Oh, that's my niece's little boy.
00:15:15I thought he was interested in the brass-rubbings, but that'll come, I suppose.
00:15:19Yes, but what did you do?
00:15:20Well, I went outside to look for him.
00:15:24Where did you look?
00:15:25Well, I went across the churchyard.
00:15:27And that's where I saw them, right down at the far end.
00:15:29Ah, now, just a moment.
00:15:31Dr. Phillips, tell us exactly what you saw.
00:15:34Oh, ah, yes. I understand.
00:15:36Mustn't jump the gun.
00:15:37Well, there was this man and woman, blue anoraks, jeans, outdoor get-ups,
00:15:43standing right next to the Benstead plot.
00:15:46I walked towards them, thinking they might be sightseers.
00:15:49You want some directions, you know.
00:15:50And then they moved away under the yew tree.
00:15:53The chap was limping.
00:15:55Limping?
00:15:56Yes, I would say so.
00:15:57You've got a clear look at them?
00:15:58Oh, yes.
00:15:59Anything else?
00:16:00Ah, yes, yes.
00:16:01The man was carrying a large canvas, what do you...
00:16:05Have a sack, have a sack.
00:16:07Yes, er, over his shoulder?
00:16:10Yes.
00:16:10And as he moved away under the yew tree,
00:16:12he slipped it off his shoulder as though it was heavy.
00:16:15And he wanted to rest.
00:16:16He dropped it down.
00:16:17Under the tree?
00:16:19Yes.
00:16:19And the woman was carrying a bundle under her arm.
00:16:22There was something wrapped in an old blanket, I think.
00:16:24You think?
00:16:25Well, it was certainly some sort of cloth or material.
00:16:29It smelt.
00:16:30How close were you to them, Doctor?
00:16:33Oh, about 30 yards, Your Honour.
00:16:35And the bundle smelt?
00:16:36Ah, yes.
00:16:37Well, it looked as though it smelled.
00:16:39I mean, it was the way she threw the thing down under the tree.
00:16:42Phew.
00:16:46What did you do then?
00:16:47Well, I went towards them.
00:16:49And at that moment, my niece called out from the church door that she'd found him.
00:16:54It's Tristan.
00:16:55Yes.
00:16:55He'd been climbing the wall at the back of the church.
00:16:58Would you believe it?
00:16:59Yes.
00:16:59Well, as you say, brass rubbings will come later.
00:17:01So, what did you do?
00:17:03Well, then I looked back towards the yew tree.
00:17:05The couple had disappeared.
00:17:07That was the last I saw of them.
00:17:09When your niece called, what did you do?
00:17:12Well, went back inside the church.
00:17:14I forgot all about them until...
00:17:16Yes, yes.
00:17:17We'll come to that in a moment.
00:17:18Now, did either person see you, do you think?
00:17:20No, I don't think so.
00:17:21No.
00:17:22No, no.
00:17:22No, I'm sure not.
00:17:24They were engrossed in something, now I look back on it.
00:17:27Engrossed?
00:17:28Yes.
00:17:28Well, up to something.
00:17:29I don't want to sound unfair.
00:17:31Do you know what time this was?
00:17:33Well, I remember the church clock striking four shortly afterwards.
00:17:37And what time did you and your party leave the church?
00:17:40Well, let me see.
00:17:41They were coming back to dinner with us.
00:17:43Meg wanted us back by 5.15, so I think it was about five o'clock.
00:17:46Yes, yes.
00:17:46Five o'clock we left the church.
00:17:48Tell us what happened then.
00:17:50Well, then a reporter drives up from the Forchester Echo
00:17:54just as I'm locking up the churchyard gate.
00:17:56His paper had received a telephone call telling them to send somebody to St Agnes Churchyard.
00:18:01So I said I'd go along in with him.
00:18:03And we found wooden fencing pushed down,
00:18:07the whole benstered plot as though a herd of cows had walked right through it,
00:18:11red paint everywhere.
00:18:12Those lads, I thought, they'd been working up to this.
00:18:15Now, stick to what you saw, Dr Phillips.
00:18:16Well, then the reporter drove off.
00:18:19He said he would phone his paper and the police.
00:18:22Afterwards, of course, I remember the two in the anoraks.
00:18:26Did you attend an identification parade at Forchester Police Station on February the 21st?
00:18:32Yes.
00:18:33And did you pick out the accused Greg Deacon as the man you had seen at the Benstead plot
00:18:38on the afternoon of the 20th?
00:18:40Yes.
00:18:41And did you attend a second identification parade on the same day
00:18:45and pick out the accused Mrs Deacon as his companion?
00:18:49Yes.
00:18:50Thank you, Dr Phillips.
00:18:53Five generations of Bensteads are buried in this private plot at your churchyard, you say?
00:18:58Yes.
00:18:58Have the Bensteads always hunted, Dr Phillips?
00:19:01Oh, I would think so.
00:19:02The late brigadier was a pillar of the local community then,
00:19:05with centuries of custom to uphold.
00:19:08Was he also a regular churchgoer?
00:19:11Oh, yes, indeed.
00:19:12Have you never found that baffling?
00:19:15I don't follow.
00:19:17Well, that some people can slaughter God's wild creatures for fun on Saturday
00:19:21and go to worship their Creator on Sunday.
00:19:24Your Honour, how can the witness possibly answer that?
00:19:27My clients are accused of a vendetta against the brigadier, Your Honour.
00:19:30The jury needs to know what made this man tick.
00:19:32This man is dead, Miss Kent.
00:19:34What made him tick is a matter of opinion only.
00:19:37In any case, thousands of people in this country
00:19:39participate in field sports and remain good Christians.
00:19:42Do they, Your Honour?
00:19:43With respect, that too is a matter of opinion.
00:19:47Proceed, Miss Kent, and stick to the point.
00:19:50Your Honour.
00:19:52Do you go hunting, Dr Phillips?
00:19:54Oh, good Lord, no.
00:19:55As a matter of fact, I find it objectionable.
00:19:57But I also disapprove of carrying one's objections to the point of desecrating a grey.
00:20:03But sadly, fox hunting is so entrenched in the community
00:20:05that even if God doesn't condone it, his minions do.
00:20:09Are you trying to annoy me deliberately, Miss Kent?
00:20:11I'm trying to show, Your Honour, what a common fallacy it is
00:20:14that all rural folk accept and understand hunting.
00:20:18The importance of this will emerge in due course...
00:20:20We are here only to consider
00:20:23whether your clients committed the offence with which they are charged.
00:20:26The point I am making, Your Honour...
00:20:28I am aware of the point you are making.
00:20:31But this is not a free-for-all on the morality of fox hunting.
00:20:34It is a criminal trial.
00:20:36Is my warning clear?
00:20:37Your Honour.
00:20:40Dr Phillips, you say that you saw the couple next to the Benstead grave.
00:20:44Yes, that's right. Just outside.
00:20:46Outside? What?
00:20:48The churchyard.
00:20:49I see.
00:20:50Isn't there a boundary fence of some sort?
00:20:52A wall.
00:20:53A wall? How high is this wall?
00:20:54About four feet.
00:20:56And you could see this couple quite clearly behind a four-foot wall?
00:20:59Well, it's broken down somewhat beside the Benstead plot.
00:21:02Some renovations need to be done, I'm afraid.
00:21:04And that's where you first saw the couple?
00:21:06Yes.
00:21:07Indeed.
00:21:08And you say you were within 30 yards of the defendants
00:21:12when they paused under a yew tree,
00:21:14this yew tree also being outside the churchyard?
00:21:17Yes.
00:21:17I see.
00:21:19The couple wore anorax?
00:21:20Blue anorax, yes.
00:21:22The hoods were up?
00:21:23Yes.
00:21:24You wear spectacles, Doctor.
00:21:26Are you short-sighted?
00:21:27I saw them quite clearly.
00:21:29Did either of the defendants turn directly towards you
00:21:32so you got a good look at their faces?
00:21:34Yes.
00:21:35But if they had, Doctor, surely they would have seen you.
00:21:38And you've already told us that they did not.
00:21:42Are they short-sighted too, do you think?
00:21:45Your Honour, the witness has already testified under oath
00:21:47that he identified the two accused at two separate identification parades.
00:21:51Yes, indeed, Mr Wolfe.
00:21:53The point had not escaped me.
00:21:54Proceed, Miss Kent.
00:21:56Dr Phillips, what leapt into your mind when you first saw the damaged grave?
00:22:00Oh, lads.
00:22:02But of course, things like this.
00:22:03Tell us about these lads, Doctor.
00:22:06Youngsters on motorcycles from Fulchester.
00:22:08They like meeting on the green beside the church.
00:22:11Do they give you any trouble?
00:22:13Well, just recently I found that they'd broken the lock on the churchyard gate
00:22:16and they'd been motorcycling up and down the paths.
00:22:19Between the graves?
00:22:20Yes.
00:22:21And I caught them carving hearts and arrows on the front door of the church.
00:22:25Thank you, Doctor Phillips.
00:22:43The case of the Queen against Greg and Sally Deacon will be resumed tomorrow in the Crown Court.
00:22:49Thank you very much.
00:23:18Thank you very much.
00:23:24Brigadier Edward Benstead, master of the Fulchester Foxhounds, was buried in St Agnes Churchyard.
00:23:29Two days later, his grave was found to have been desecrated.
00:23:33Hunt saboteurs Gregory and Sally Deacon are jointly charged with the offence.
00:23:37Dr Phillips, warden of St Agnes Church, has testified that he saw a man and a woman near the Benstead
00:23:43grave on the afternoon it was violated.
00:23:46Later, he identified them at Fulchester Police Station as the two defendants.
00:23:50The case being heard in Fulchester Crown Court is a criminal one.
00:23:54The case is fictional.
00:23:55The procedure, however, is legally accurate.
00:23:58The characters are played by actors, but the jury is selected from members of the general public.
00:24:04Are you Guy Loveless Benstead?
00:24:07I am.
00:24:07And do you live at Mickleham Lodge, Benstead Green?
00:24:10Yes.
00:24:11And do you ride with the Fulchester Hunt?
00:24:13A joint acting master now, since Deacon killed my father.
00:24:17Really, Your Honour?
00:24:17I must protest.
00:24:19Yes, quite.
00:24:20Mr. Benster, just answer counsel's questions, will you?
00:24:25Your father being Brigadier Edward Benstead?
00:24:28Yes.
00:24:29You're now responsible for the organisation and conduct of the Fulchester Hunt?
00:24:32Yes, indeed.
00:24:33And your father was likewise?
00:24:35Quite.
00:24:35Now, your father died suddenly on February the 15th?
00:24:38Yes, a heart attack.
00:24:40He was being treated for hypertension.
00:24:42Riding with hounds is supposed to be healthy and invigorating.
00:24:47Riding two hounds?
00:24:48Yes.
00:24:49Once upon a time.
00:24:50But not now.
00:24:52We've got a motley crew of self-appointed little gods who've decided to come along and judge us.
00:24:56And Deacon there is the leader.
00:24:58Your father died the day after a hunt.
00:25:01Is that correct?
00:25:02Yes.
00:25:04Deacon had been going for father ever since we started up again on Boxing Day.
00:25:07Ringing him in the early hours of the morning before a meet.
00:25:10And keeping him awake.
00:25:11And putting the phone down as soon as father answered.
00:25:13Your father knew it was the defendant?
00:25:14Who else?
00:25:16Packets of droppings on the doorstep.
00:25:18Pushed through the letterbox.
00:25:19You know, the sort of thing.
00:25:21They've raided the kennels, upset hounds.
00:25:23Even had a stab at digging up the course at the local point to point.
00:25:25Really, Your Honour, I must object.
00:25:27My clients are not charged with any such offences.
00:25:30And there is no evidence to...
00:25:31Yes, all right, all right.
00:25:33These are merely your suspicions, are they not, Mr. Benstead?
00:25:36They're true.
00:25:37Well, that may well be, but that would have to be proved and that cannot be done in this case.
00:25:41What you saw and heard only, please.
00:25:45Tell us about your father's last hunt, Mr. Benstead.
00:25:48He wanted a peaceful one.
00:25:50Because of his hypertension, of course.
00:25:52Even got the police to be there.
00:25:54Got the huntsmen to take hounds in a different box.
00:25:58Why was this?
00:25:59Throw Deacon off.
00:26:01Father instructed the hunt secretary to tell any callers he didn't know personally
00:26:05that the hunt was meeting at the Macklin Hill crossroads.
00:26:07We met five miles away at the Hope and Anchor, actually.
00:26:11I see. Go on.
00:26:13Good ground.
00:26:14Day was on our side.
00:26:16We were waiting for a second cover to be drawn.
00:26:18Meaning what, Mr. Benstead?
00:26:20The hounds sniffed Charlie out of the cover.
00:26:24Uh... Charlie?
00:26:25The fox.
00:26:28Oh, the fox. Uh, yes.
00:26:31The whip was in.
00:26:32Uh, holding hounds, waiting for Charlie to bolt.
00:26:36Where exactly were you and your father at this time?
00:26:39300 yards off.
00:26:41On horseback?
00:26:41Of course.
00:26:43Uh, we're walking a path.
00:26:44A hedge on one side, line of beach and a brook on the other.
00:26:48Uh, father's just ahead.
00:26:50The rest of the field following on.
00:26:53Deacon jumps out in front of father.
00:26:54A stupid grin across his face.
00:26:57And clutching this hunting horn he'd felt from somewhere.
00:26:59Your Honour, I must protest.
00:27:00Uh, yes.
00:27:02Just clutching a hunting horn, Mr. Benstead. Carry on.
00:27:07A huntsman's horn goes.
00:27:09Charlie's away.
00:27:10And father has to kick on.
00:27:12Asks Deacon again to move aside.
00:27:14So what does the idiot do?
00:27:16Blows this thing he's got as loud as he can.
00:27:18Would this frighten your father's horse?
00:27:20Ransom? No.
00:27:22A fella can take that all right.
00:27:23Father pushes forward to go past Deacon.
00:27:26And then the smoke bomb goes off right underneath Ransom's nose.
00:27:30The accused set off a smoke bomb in front of your father's horse.
00:27:34Oh, yes.
00:27:36Deacon really cares about animals, you see.
00:27:39Bloody-minded ignorance.
00:27:41Ransom shies.
00:27:43Father tries to steady him.
00:27:44But he's off fours down on Deacon.
00:27:46Crunch.
00:27:47A stroke of justice, if ever there was one.
00:27:49Uh, the horse's hoof struck Deacon.
00:27:52Ankle or foot, somewhere around.
00:27:55Deacon goes down to the side of the path.
00:27:58Poor father, blue in the face with anger, wrestling Ransom.
00:28:02Who's all jitters, pulling hard eyes like saucers.
00:28:05Didn't know what hit him.
00:28:06Did Deacon say anything to your father?
00:28:09Frost at the mouth.
00:28:10I'll get you, Benstead, if it's the last thing I do.
00:28:12Hound you like you hound Charlie out there.
00:28:14The prisoner used those words?
00:28:17Give or take the odd preposition.
00:28:20Then, true to form, he starts yelping for his faithful companion up there.
00:28:24She comes trotting up waving a stick.
00:28:26What have you done to him?
00:28:27Mrs. Deacon came up brandishing a stick.
00:28:30Mrs. Deacon, well done.
00:28:33What then, Mr. Benstead?
00:28:35I kick my fellow up to father on Ransom.
00:28:38Nudge him between them.
00:28:39Take a couple of cracks across the back.
00:28:41You got between Mrs. Deacon and your father.
00:28:43What else?
00:28:44And she struck you.
00:28:45Oh, went berserk.
00:28:46The rest of the field pushing up behind.
00:28:48Smoke everywhere.
00:28:51Ransom had taken a hole by now.
00:28:52He was away with father.
00:28:54I went after them.
00:28:55Your father wasn't able to continue with the hunt?
00:28:58Did everything he could to make it a peaceful meet.
00:29:02Had his first attack that evening.
00:29:04A heart attack?
00:29:06Yes, then another.
00:29:08By morning he'd gone.
00:29:10I see.
00:29:12Did you retaliate when Mrs. Deacon was striking you?
00:29:17Did your father ever retaliate?
00:29:21My father raised his hand to a builder.
00:29:29You make the Fullchester hunt sound like a band of heavenly angels, Mr. Benstead.
00:29:33All this provocation.
00:29:36And you and your father turn the other cheek.
00:29:38We have a lot of standing in Benstead Green.
00:29:40We have to keep a tight rein.
00:29:42As your father did?
00:29:43Quite.
00:29:44Do you know either of the defendants personally?
00:29:47We used to meet at the country club parties, hunt balls, that sort of thing.
00:29:51I see.
00:29:52Nothing of consequence.
00:29:53Were you not in fact engaged to her at one time?
00:29:58Yes, as a matter of fact, very briefly.
00:30:01We never really hit it off.
00:30:02Did you ever talk about fox hunting?
00:30:05Well, of course we did, yes.
00:30:07Did she not take the view, let's see, that it is a senseless, cruel sport,
00:30:11dressed up as a noble effort to rid the countryside of a pest?
00:30:15She never understood.
00:30:17And she lived in the country.
00:30:19She wouldn't listen.
00:30:21Charlie gets away nine times out of ten.
00:30:24But no doubt, as she told you, that doesn't excuse you for trying to tear him to pieces.
00:30:28So you are one of the aunties, are you?
00:30:30Have you ever seen a chicken when Charlie's finished with it?
00:30:33Is it beyond the wit of today's farmers to keep their chickens secure?
00:30:37Do you know about the lambs, they say?
00:30:39I understand that the fox moves in only when they're dying or dead.
00:30:42You don't want to understand.
00:30:45Where are his natural enemies now, huh?
00:30:47Gone.
00:30:48He's designed to chase and be chased.
00:30:51There's not an ounce of fear in him, like a boxer when the bell goes.
00:30:54He knows what the horn means.
00:30:55What a jolly game.
00:30:57You'd shoot him, would you?
00:30:59Gas him, snare him, poison him.
00:31:02I could make your hair curl with a few stories about that little lot.
00:31:06No, Charlie knows where he is with hunting.
00:31:08He understands it.
00:31:09And he gives the local community an identity.
00:31:11Keeps us together.
00:31:13And what are they trying to do?
00:31:14Break it up.
00:31:15Mr. Benstead, this is not a forum for a debate on fox hunting.
00:31:21I'm sorry, I got carried away.
00:31:23You got carried away by counsel for the defence.
00:31:25Miss Kent, I won't warn you again.
00:31:28Your Honour.
00:31:30Mr. Benstead, did you break off your engagement to Mrs. Deacon or did she?
00:31:34I really can't remember.
00:31:36Did you try to get her back?
00:31:39Come, come, Mr. Benstead, what's this sudden reluctance to remember things?
00:31:44Your description of the hunt earlier on showed immense powers of recall.
00:31:50I may have tried to see her once or twice, perhaps.
00:31:53You knew she'd been seeing Greg Deacon, hunt saboteur, did you not?
00:31:58I'd heard.
00:31:59And what did you think of that?
00:32:00If that's what she wanted.
00:32:02You harassed them.
00:32:04Had it in for them, didn't you?
00:32:06No.
00:32:08And your father on occasions deliberately went for them when they arrived to sabotage the hunt, did he not?
00:32:14My father?
00:32:16No.
00:32:17Will you look at these photographs?
00:32:24They were taken by the defendant, Mrs. Deacon, at one of the Fullchester's January hunts.
00:32:30The top photograph shows an elderly gentleman on horseback striking a young man with a whip.
00:32:37Do you recognise the huntsman, Mr. Benstead?
00:32:41Yes.
00:32:42And it is, of course?
00:32:44Father.
00:32:45The three other photographs show scuffles between the mounted huntsman and the hunt saboteurs.
00:32:51Yobs.
00:32:52They went for father every time.
00:32:54They wanted to rile him, revving their car engines, sounding their horns, jabbing at ransom with sharpened sticks, chanting Brigadier
00:33:02Blood, Brigadier Blood.
00:33:03That's what they wrote in paint on his grave.
00:33:05That is a matter for the jury to decide.
00:33:10Your family owns over a thousand acres of ground in Bedstead Green.
00:33:14Part of this is known locally as Poacher's Alley, is it not?
00:33:19One section of it, yes.
00:33:21What did your father do with poachers he caught on his land?
00:33:24Run them off.
00:33:26Yes.
00:33:27Didn't he have quite a reputation in the village for his skill in this respect?
00:33:31They were warned, time and time again.
00:33:34Isn't it true that your father was a willful, irascible old man, and that many folk in the area had
00:33:39scores to settle with him?
00:33:40I think we should let my father rest in peace.
00:33:47How many foxes did you and your hunt usually kill in the season, say, three years ago?
00:33:53Forty, perhaps fifty.
00:33:55And last season?
00:33:57Thirty.
00:33:58Twenty-two, Mr. Benstead, your hunt committee's own figures.
00:34:02Now this season is what, eleven weeks old, and so far, how many foxes have you brought to book?
00:34:08My inquiries make it five, Mr. Benstead, which if you don't do any better, by the end of the season
00:34:13we'll give you what, a dozen?
00:34:15And the rest?
00:34:16All that planning and expense for a dozen foxes.
00:34:21The saboteurs were highly organised and very successful, and you hated them for it.
00:34:26We'd carry on if we only got one.
00:34:29Yes, I expect you would.
00:34:31Where exactly is this getting us, Miss Kent?
00:34:33I'm trying to show, Your Honour, that the hunt saboteurs have little reason to be vengeful towards the hunting fraternity,
00:34:41and the boot would seem to be on the other foot.
00:34:45Yes.
00:34:47Mr. Benstead, we've heard that the saboteurs' members are multiplying, and your organisation is worried, is it not?
00:34:53Not at all.
00:34:55I put it to you that your cover's been blown.
00:34:58Mrs. Deacon can't be the only one of your kind who can see your sport for what it is.
00:35:03An anachronism.
00:35:04A slice of medieval barbarity, only one step removed from bear baits and cockfights.
00:35:12Isn't that what it is?
00:35:14Your Honour, my learned friend is deliberately provoking this witness.
00:35:16She is provoking more than the witness, Mr. Wolfe.
00:35:19My learned friend speaks of a vendetta, Your Honour.
00:35:22I want to show that there was indeed a vendetta by the Benstead family against my clients.
00:35:27And what if there were such a vendetta, Miss Kent?
00:35:29It would do nothing to establish your clients' innocence.
00:35:32So why do you pursue this line of argument?
00:35:34I will tell you.
00:35:35So that you may use the court to carry on a vendetta of your own against fox hunting, thereby abusing
00:35:42your privilege as counsel.
00:35:43I am not concerned with my own feelings, Your Honour.
00:35:46Nor, thankfully, are we.
00:35:47But you still persistently air them in this court.
00:35:50That is not true, Your Honour.
00:35:52I will not do it again.
00:35:53I will tolerate no more of your insolence.
00:35:57Your Honour, I have an application to make.
00:36:01Yes, what is it?
00:36:03My application is for the jury to be discharged and the trial stopped.
00:36:09On what ground?
00:36:11With respect, Your Honour, you are chairman of the committee running the Bellevue and District Hunt in the West Country,
00:36:19and your conduct in this matter makes it impossible for me to present my case.
00:36:25I see.
00:36:26Have you anything else you wish to say?
00:36:28No, Your Honour.
00:36:30Simply that justice must be seen to be done, and the danger of partiality is obvious.
00:36:37The application is refused.
00:36:39The jury will decide this case, not I.
00:36:43My views, like yours, are irrelevant.
00:36:47I will endeavour to direct the jury properly and according to the law.
00:36:51If I fail, your clients may go to the Court of Appeal,
00:36:54where any mistakes I may have made will be corrected.
00:36:58Meanwhile, you will concentrate on the issues of this case.
00:37:01You know perfectly well what is relevant and what is not.
00:37:16You'd better go to ground after this, Charlie.
00:37:23Mr. Deacon, you live at 14 Cedar Close, Fulchester?
00:37:27Yes.
00:37:28Were you in Benstead Green on February the 20th?
00:37:30That's right.
00:37:32And what were you doing there?
00:37:33We were sussing it out, ready for a hit the next day.
00:37:37Could you interpret, Miss Kent?
00:37:39They were doing a reconnaissance, Your Honour.
00:37:41And what is a hit, Deacon?
00:37:44Stopping the Fulchester hunt having their fun.
00:37:46You are a hunt saboteur?
00:37:48The contact for this area.
00:37:50Are there many of you?
00:37:51More every season.
00:37:52People are just beginning to realise the carnage that goes on in the name of sport.
00:37:58Until politicians get up off the behinds and pass some laws protecting more of our wild animals,
00:38:03we've got to go out and do it.
00:38:04Voluntarily?
00:38:05Yeah.
00:38:06And within the law?
00:38:07Violence is no good to us.
00:38:09We walk away from it.
00:38:10Why did you tell the police sergeant that you weren't in the area on the 20th?
00:38:14We'd only just got back.
00:38:15I didn't know what it was about.
00:38:16I sure as hell didn't want the hunt finding out we'd done a recce.
00:38:19But this was the police.
00:38:21Didn't you trust their impartiality?
00:38:23Some of them are good.
00:38:25Very fair.
00:38:26Agree with what we're doing.
00:38:27It's nice to have them around when the hunt heavy is weighed in.
00:38:31Trouble is, half the local magistrates ride out in funny hats.
00:38:35You mean belong to the local hunts?
00:38:37Yeah, that's right.
00:38:38Well, that's the old establishment bias.
00:38:41More often than not, the police are leaning on us, searching our cars, taking numbers, checking what we're carrying.
00:38:47And what were you carrying?
00:38:48Well, no sharpened sticks for starters.
00:38:50We don't want to hurt the horses or the hounds.
00:38:52It's not their fault.
00:38:54No, the most fearsome piece of equipment we carry is an aerosol can of anti-mate from the local pet
00:39:00shop.
00:39:00Which does what?
00:39:02It kills the scent of the fox.
00:39:03Exactly what were you and Mrs. Deacon doing that day?
00:39:08Answer the question, Deacon.
00:39:11Dragging a fox's bedding round like a spot.
00:39:14To confuse hounds?
00:39:15Yes.
00:39:16Where did you get this bedding?
00:39:18We know several sympathetic fox owners.
00:39:21Do you?
00:39:22Anything else?
00:39:24I don't want to reveal too much.
00:39:26What else were you up to?
00:39:28Laying down a variety of smells.
00:39:30With what?
00:39:33Aniseed, paraffin.
00:39:35And this anti-mate?
00:39:37Yes.
00:39:39A real cat and mouse game, Mr. Deacon.
00:39:42The life of a fox at the end of it.
00:39:45Did you ever ring up the late brigadier in the early hours before a meet?
00:39:49I have done.
00:39:50Keep him on his toes.
00:39:52We aren't playing games.
00:39:54We've heard that kennels were raided, a point-to-point course dug up.
00:39:58I keep my sabs legal.
00:40:00Cardinal rule.
00:40:01Sabs?
00:40:02Saboteurs.
00:40:03So you're not responsible for these incidents?
00:40:05No.
00:40:07Now, tell us about the hunt you went to on February the 14th, the day before Brigadier Benstead's death.
00:40:12We were late.
00:40:13They got a new dodge.
00:40:15Drove the hounds from the kennel in a different van.
00:40:18They're not usually that ingenious.
00:40:19We went up to Macklin Road crossroads and couldn't find them.
00:40:23Just a big chalk message in the road.
00:40:25Hunt this way and a long arrow.
00:40:28They were trying to lose us.
00:40:29How do you know?
00:40:30It wasn't ours.
00:40:31It was written in white chalk.
00:40:32We always decide before we start on our colour for the day.
00:40:35It should have been green.
00:40:37I see.
00:40:38Go on.
00:40:39We find out from some of their foot followers where the hunt was.
00:40:42They told a crowd of saboteurs where to go.
00:40:45Well, there's always a couple of us dressed up like local supporters.
00:40:48Sports jackets, caps, ties.
00:40:50They did the talking.
00:40:51Go on, Mr. Deacon.
00:40:53Well, there was about 20 of us.
00:40:55I asked them to station themselves where they thought they'd be most effective, but always near each other.
00:41:00Sal and I took a footpath we thought the hounds would use.
00:41:02Yes.
00:41:03Well, we knew they'd already gone through when we saw the field coming up the path.
00:41:06The field being the mounted huntsman.
00:41:08The old buzzard himself in front.
00:41:10The late Brigadier Benstead.
00:41:12The same.
00:41:13He shouted to us to get off.
00:41:15It was a private footpath.
00:41:16And was it?
00:41:17Belonged to a local farmer who wasn't involved in the hunt.
00:41:19Brigadier Benstead couldn't order us off.
00:41:20But he tried to.
00:41:21Yeah, right.
00:41:22Move out of the way or you'll be kicked into the nearest ditch.
00:41:25We always caught a fair dollop of abuse.
00:41:28I'm not surprised his ticker jammed.
00:41:30Oh?
00:41:30Well, he'd seize up with frustration if we were having a good day.
00:41:33I mean, you know the sort of man.
00:41:35Bulging eyes, blotchy with rage.
00:41:37When he got mad, he and homo sapiens went different ways.
00:41:41He'd have loved to have a good, whip-cracking ding-dong with us.
00:41:46You killed him!
00:41:48You couldn't break him when he was alive, so you desecrate his grave when he's gone.
00:41:52You're vermin!
00:41:52I'm sorry, Mr. Benstead.
00:41:54I understand your feelings, but if you interrupt again, I shall have to ask you to leave the court.
00:41:58As for you, Deacon, you will answer Council's questions and refrain from gratuitous insults and other comment.
00:42:05Is that understood?
00:42:09Was anyone with Brigadier Benstead?
00:42:12My friend Guy.
00:42:13Just behind the old man.
00:42:14Ready.
00:42:15Ready?
00:42:15To administer the boot in the face or the whip across the back.
00:42:18Always provided there are no witnesses about.
00:42:20And they were not?
00:42:21No, Sal was further on up the path round the bend.
00:42:24Were you blocking the footpath?
00:42:26No, I was to one side.
00:42:28Was there plenty of room for Brigadier Benstead and his son to pass?
00:42:32And half the British army.
00:42:33Were you carrying a hunting horn?
00:42:35Yes, but I didn't use it.
00:42:38Did you have a smoke bomb?
00:42:40Yes.
00:42:41What happened?
00:42:42I was moving on up the path to save a fox you've got to be up with the hounds.
00:42:46And?
00:42:47Brigadier Benstead jogged his horse up across me, shut me in.
00:42:51I had my back to a tree and there was a thick hedge either side of it.
00:42:56Well, he kept urging the horse into me, trying to crush me against the tree.
00:42:59Smoke bomb was the only thing I could think of.
00:43:01So you were trapped?
00:43:02Yes.
00:43:02I threw the bomb down at the side of the horse.
00:43:05And I hated doing it.
00:43:06Why?
00:43:06Well, we never use smoke bombs unless we're near the hounds and they've almost worn a fox down.
00:43:11See, we throw the bomb between the fox and the hounds and give the thing a chance.
00:43:14I see.
00:43:15And then what happened?
00:43:16Well, the horse bucked a bit.
00:43:17When the bomb went off, it wanted to get away from the smoke.
00:43:20And Brigadier Benstead threw one of his fits.
00:43:22He started kicking it into me, saying,
00:43:25Come on, boy, we're not taking that.
00:43:27Show him what you think of it.
00:43:29Brigadier Benstead said that?
00:43:30Oh, yes.
00:43:31One of the horse's hooves caught my ankle and its backside slammed me into the trees.
00:43:35I called out Sally.
00:43:37You've got to have a witness, you see.
00:43:39And then the Brigadier pulled it away and I fell.
00:43:42The Brigadier didn't release you until you called for help?
00:43:44No, the horse was tight against me.
00:43:46I mean, it wanted to get away from the smoke, but he kept slapping it, keeping it there.
00:43:51Did you say anything to Brigadier Benstead?
00:43:53Shout anything?
00:43:55Well, with half a ton of horse on your chest, you don't talk a lot.
00:43:57Did you threaten him?
00:43:58I said I'd take him to court, fight him all the way.
00:44:02I would have.
00:44:03Nobody saw it, except his lot.
00:44:06So you didn't say you would get him or hound him?
00:44:09That's one of Guy's inventions.
00:44:11Have you been involved in any other skirmishes recently?
00:44:13Only with Guy.
00:44:16He and a couple of his cronies cornered me one night outside a pub after closing time.
00:44:21Landlord came out, luckily, or I'd have got a kicking.
00:44:24Hunt the ante.
00:44:25What was that, Mr. Deacon?
00:44:27It's Guy's idea of wit.
00:44:29This is the season for hunting antis.
00:44:31You're the first to have boating.
00:44:33Mr. Deacon, did you go anywhere near Brigadier Benstead's grave on February the 20th?
00:44:40No.
00:44:42We've heard that the grave was damaged between 3.30 and 5 o'clock.
00:44:45Where were you then?
00:44:46We'd packed up and gone into the village for tea.
00:44:49Where was this?
00:44:51Ye oldie tea shoppie, I think it's called.
00:44:54And when did you leave the tea shop?
00:44:58About 5 o'clock, something like that.
00:45:01I see.
00:45:03You say you are an interior decorator?
00:45:05Yes, builder decorator, self-employed.
00:45:07Do you normally carry equipment materials in the boot of your car?
00:45:10All the time, when you're on a certain job.
00:45:12Any builder will tell you.
00:45:14Can the defendant be shown exhibit two?
00:45:19Do you recognise these things, Mr. Deacon?
00:45:21Yes, they were in the boot of my car.
00:45:23I was in the middle of doing up Sally's flat.
00:45:25We were moving in this week.
00:45:26The police sergeant also found a sledgehammer in your car.
00:45:29Yes, when I had a spare hour, I was knocking out the fireplace.
00:45:33Well, you don't have the hammer stuck at home, do you?
00:45:36Thank you, Mr. Deacon.
00:45:38How long have you been a subter, Mr. Deacon?
00:45:41Active, er, three years.
00:45:43Would you regard yourself as an expert?
00:45:46Oh, come on.
00:45:48An area contact, clandestine phone calls, coloured chalk,
00:45:51NSE trails, disguises, you seem to be a very smart operator.
00:45:55One step ahead is the name of the game.
00:45:58Exactly, Mr. Deacon.
00:45:59I have here a copy of February the 19th's Fulchester Echo
00:46:03describing the rather splendid funeral of Brigadier Benstead.
00:46:07Did you read about it?
00:46:09Hmm? Oh, come on, Mr. Deacon.
00:46:10Your archenemy dies and you're not interested?
00:46:13I didn't wish him dead.
00:46:15Did you read his funeral notice?
00:46:17Yes.
00:46:18Did you?
00:46:20All of it?
00:46:22Yes.
00:46:23Then you must have seen the bold type at the end.
00:46:26As a mark of respect to Brigadier Edward Benstead,
00:46:31this Saturday's meet has been cancelled.
00:46:36What on earth were you doing in Benstead Green all day Friday laying false trails for a non-existent meet?
00:47:02The case of the Queen against Greg and Sally Deacon will be concluded tomorrow when the jury reaches its verdict
00:47:08in the Crown Court.
00:47:12THE END
00:47:12THE END
00:47:12THE END
00:47:12THE END
00:47:12THE END
00:47:20THE END
00:47:20THE END
00:47:23The END
00:47:27The END
00:47:41The case being tried in Fulchester Crown Court is fictional.
00:47:45The procedure, however, is legally accurate.
00:47:47The characters are played by actors,
00:47:49but the jury is selected from members of the public.
00:47:51Hunt saboteurs Sally Elizabeth Deacon and Gregory Patrick Deacon
00:47:55are jointly charged with criminally damaging the grave
00:47:59of Brigadier Edward Benstead, the Fulchester master of foxhounds.
00:48:02But the hunt wasn't meeting that Saturday.
00:48:05It was in the local paper,
00:48:06and you knew because you'd read it in the newspaper.
00:48:09It's the oldest trick of the book.
00:48:12Mr Deacon, what were you doing in Benstead Green that day?
00:48:16A red herring.
00:48:17What was a red herring?
00:48:18A cancellation notice.
00:48:19They went ahead with the hunt, you know.
00:48:21Carry on, chaps. Tally-ho.
00:48:22Oh, now it's phony press announcements too.
00:48:24Cross and double-cross.
00:48:25Isn't the truth a whole lot simpler?
00:48:27We spent the day on a reconnaissance.
00:48:29There's a lot to get ready.
00:48:31Yes, I see.
00:48:32Dragging a fox's bedding around.
00:48:35But it was raining from lunchtime.
00:48:39What's the point of laying trails in the rain?
00:48:41That's still useful.
00:48:42What, after a day's rain?
00:48:43Yes.
00:48:45Yes, really.
00:48:46And did you do this until tea time?
00:48:48No, that wasn't all.
00:48:50Well, tell us then, Mr Deacon.
00:48:53Well, I'm not giving it all away.
00:48:54Answer, counsel, will you?
00:48:57We made all the gates secure.
00:48:59Er, to hold the hunt up the following day?
00:49:01Yes.
00:49:02Anything else?
00:49:05Unblocked several earths.
00:49:07To allow the fox to escape down?
00:49:08Yeah.
00:49:09But Deacon, er, hunt followers go round the night before blocking earths and open gates on the morning of the
00:49:15hunt.
00:49:16Yes.
00:49:16You'd know, wouldn't you?
00:49:18And so would you.
00:49:19You're an old hand.
00:49:20You wouldn't have been wasting your time like that.
00:49:21It's psychological.
00:49:23We've got to show you mounted terrorists.
00:49:25We're always around.
00:49:27What did you say?
00:49:29We've got to show you mounted terrorists.
00:49:32We're always around.
00:49:34This I won't tolerate.
00:49:35It is a contempt.
00:49:37At the end of this trial, you will go before one of my brother judges to be dealt with.
00:49:41I see.
00:49:44Did you dislike Brigadier Benstead?
00:49:46Intensely.
00:49:47Yet you say you always tried to avoid a confrontation.
00:49:49Always.
00:49:50But despite your expertise in the field, you managed to get yourself stuck with him on a footpath.
00:49:56I put it to you, Deacon, that saving foxes that day played second fiddle to goading and threatening Brigadier Benstead.
00:50:02No.
00:50:04In any event, you got trodden on by a horse.
00:50:06How badly were you hurt?
00:50:08I couldn't walk for two days.
00:50:10Well, you'd be limping for several days more.
00:50:12Yes.
00:50:13Well, you'd have been limping on February the 20th, when the church warden saw you at the Benstead grave.
00:50:20I wasn't there.
00:50:23When I heard Greg shout, I ran back down the path.
00:50:26I had to flatten myself against a hedge as Brigadier Benstead came riding up out of the smoke.
00:50:32A guy behind him.
00:50:34Were you carrying anything, Mrs. Deacon?
00:50:36My satchel and a switch.
00:50:38Did you use the switch?
00:50:40I didn't hit him, if that's what you mean.
00:50:42Why carry one around?
00:50:43You don't know the fultures to hunt and full cry.
00:50:46Get in the way and they go right through you.
00:50:48You carried it for self-protection, is that it?
00:50:50You don't feel quite so naked.
00:50:53Did Guy Benstead and his father pass you by?
00:50:56Yes.
00:50:57I found Greg in a huddle by the side of the path, holding his foot, groaning.
00:51:02Had you had any threats passed between your husband and the Brigadier?
00:51:06That's not Greg.
00:51:07No way.
00:51:08So he didn't threaten to get him or hound him?
00:51:11No.
00:51:13How long did you live at Benstead Green?
00:51:16Until three months ago.
00:51:17I moved there when I came over from Ireland.
00:51:19And when was that?
00:51:20Four years ago.
00:51:21And you met Guy Benstead?
00:51:23Yes.
00:51:24We were engaged briefly.
00:51:27How did you get involved with him?
00:51:29We were both members of the country club.
00:51:32I followed the meet once or twice in Guy's Land Rover.
00:51:35That's when I first noticed Greg.
00:51:37Sabotaging the hunt?
00:51:38Yes.
00:51:39I thought it was all a big joke.
00:51:41These oddballs, wet, covered in mud, chasing up and down the lanes with an aerosol can in their hands.
00:51:48It wasn't until...
00:51:49Go on, Mrs. Deacon.
00:51:51People just don't know.
00:51:54One day the hunt followers had forgotten to block off a drain at the age of the village.
00:51:59They'd got a fox trapped down it.
00:52:02Wanted to put a terrier down to chase the fox out, but the drain was too small.
00:52:06They dug up the roadside verges.
00:52:09The hunters allowed to dig up the road?
00:52:12They do what they like.
00:52:14They got to the drain from that side and put rods into it and poked the fox out.
00:52:21Guy got hold of it and dragged it out.
00:52:25They're supposed to use a humane killer straight away.
00:52:28The hounds were milling around, barking and yapping in excitement.
00:52:33Guy held the fox above them, squirming, driving them crazy.
00:52:39Then he dropped it.
00:52:41Into the pack of hounds?
00:52:43Alive.
00:52:44All things bright and beautiful, all creatures great and small.
00:52:48What you saw and heard, Mrs. Deacon, and only what you saw and heard, please.
00:52:53Guy shouting at the hounds.
00:52:55Get him and tear him.
00:52:58I felt sick.
00:53:01That finished it for me.
00:53:02Finished what?
00:53:03Our engagement.
00:53:04Everything.
00:53:06I started to find out things.
00:53:08There had been an attempt to get the drag hunt started in the village, but the Bensteads
00:53:13had refused to have anything to do with it.
00:53:15What exactly is a drag hunt, Mrs. Deacon?
00:53:18They follow a scent already laid down, instead of a live animal.
00:53:22The next county runs one.
00:53:24I see.
00:53:24And what else did you find out?
00:53:27The brigadier was rearing fox cubs.
00:53:30He and Guy had built artificial lairs so that their supply for hunting wouldn't dry up.
00:53:34It isn't about farmers, chickens, or lambs, or the need to control foxes.
00:53:40It's about hunting and killing.
00:53:43It's about getting enjoyment from suffering and death.
00:53:48I really like Guy.
00:53:51But I could never forget the sight of that fox being torn to pieces by the hounds.
00:53:57I decided to join the Sabs.
00:54:00What did you do?
00:54:01I left Benstead green and got a flat in Fulchester, over the boutique.
00:54:05That's the boutique in which you work?
00:54:07Yes, I run it now.
00:54:09How did Guy Benstead react to your change of attitude?
00:54:13When I started going out with Greg, he threatened us.
00:54:17He's really got it in for Greg.
00:54:19Thank you, Mrs. Deacon.
00:54:21So, Mrs. Deacon, your mission now is to tell the public about this wicked business of hunting.
00:54:27Yes.
00:54:28Do you make calls to the newspapers?
00:54:29Not anonymous.
00:54:30A woman called the Fulchester Echo on the evening of Friday the 20th of February, directing a reporter to St
00:54:35Agnes Churchyard.
00:54:37Now, desecrating that grave would have been quite a publicity stunt, would it not?
00:54:42Red paint, R.I.P. Brigadier blood, a dead fox draped over the grave, just like the taunts at the
00:54:47hunt.
00:54:49You're asking this court to believe that this wasn't a publicity stunt, the work of saboteurs?
00:54:55It's melodrama.
00:54:57You can't seriously believe we'd do that.
00:54:59All we're at is saving the lives of foxes.
00:55:03A banner headline in the Fulchester Echo picked up by the National Papers.
00:55:07It'll help put your movement on the map.
00:55:09You've got to be noticed, just like some of your friends in the public gallery at the beginning of this
00:55:12trial.
00:55:13We aren't doing too badly in the publicity stakes.
00:55:16Is that why you got married this week?
00:55:19Another banner headline?
00:55:20That's a nasty crack.
00:55:23Mrs. Deacon, any publicity is good publicity.
00:55:26Hmm?
00:55:28The end justifies the means, whether it's getting married, desecrating a grave...
00:55:33You know something, Mr. Barrister?
00:55:34You remind me a lot of Brigadier Benstead.
00:55:37Slightly younger, but the same stiff neck.
00:55:40That is grossly impertinent, Mrs. Deacon.
00:55:42I'm impertinent.
00:55:43Just answer counsel's question.
00:55:45He's trying to bully me.
00:55:46In the past few months, I've learnt not to tolerate bullies.
00:55:49Do you know how serious the charges are that you're facing?
00:55:52Yes.
00:55:53A grave was damaged.
00:55:54No one was hurt.
00:55:56Just feelings.
00:55:57What really seems to bug you is our daring to challenge a sadistic pastime for the privileged.
00:56:03Now, no.
00:56:04You're silent, Deacon.
00:56:05Hiding behind pink coats and funny hats and wigs.
00:56:09God stood nobody higher than the next man, and surely not those in fancy dress.
00:56:13Mrs. Deacon...
00:56:13I don't respect him or you.
00:56:15He's defending the indefensible, and you're propping him up.
00:56:28I ask your honour to take into consideration the emotional state of my client.
00:56:33Much has happened to her recently, and she has now spent the first three days of her married life in
00:56:38the dock at Fulchester Crown Court.
00:56:39Which doesn't seem to worry her in the least, nor her husband come to that.
00:56:44I cannot compel your client to respect the law, Miss Kent, but I can make sure that she abase it.
00:56:49She will go with her husband before Mr. Justice Black next week.
00:56:56Thank you, Your Honour.
00:56:58What Mr. Justice Black does with you will depend on your behaviour during the remainder of this trial.
00:57:04Your Honour.
00:57:06What were your feelings towards Brigadier Benster?
00:57:10Numb.
00:57:11You didn't dislike him?
00:57:13I felt sorry for him.
00:57:14Sorry?
00:57:15He didn't know any better.
00:57:17I see.
00:57:18You never felt vindictive towards him?
00:57:21Not seriously.
00:57:22When you broke with Guy Benster, did you retain your membership of the Benster Green Country Club?
00:57:29No.
00:57:30Oh, why?
00:57:31Why?
00:57:32Because it was run by the murder squad.
00:57:34Murder squad?
00:57:36The committee that runs the hunt, Brigadier Benster, was chairman.
00:57:39Did you leave the club voluntarily?
00:57:42No.
00:57:43The Brigadier had my membership withdrawn.
00:57:45Indeed.
00:57:46Because you'd thrown over his son?
00:57:48Shows the mentality of the man we were dealing with.
00:57:51You must have felt very angry at such treatment.
00:57:54So I trampled all over his grave.
00:57:57No.
00:57:58I'd had enough of the cut glass and cocktail scene.
00:58:01You didn't hate the Brigadier for what he'd done?
00:58:03I don't hate anyone.
00:58:06Brigadier Benster perpetrated all these hunt cruelties.
00:58:10He is supposed to have knocked your husband to the ground.
00:58:13You admit he had you thrown out of the country club.
00:58:16And you say you didn't harbour any grudges against him.
00:58:21Mrs. Deacon, did you hear what I said?
00:58:23Yes.
00:58:24Haven't we been through all this?
00:58:26I wasn't interested in the Brigadier or his primitive son.
00:58:31All we wanted to do was to stop them torturing and killing foxes.
00:58:37When you were interviewed by the police on the evening of February the 20th,
00:58:41your hands were cut and your gloves torn.
00:58:43Did you do that ripping open a floral saddle lying on the Brigadier's grave?
00:58:47Greg and I had been climbing fences and barbed wire all day.
00:58:51The police sergeant found a note at Mr. Deacon's home that evening.
00:58:54Exhibit 5, please.
00:58:56Will you look at it, Mrs. Deacon?
00:58:57It's dated Thursday, February the 14th, and it's addressed to Mr. Deacon.
00:59:01That is your handwriting, is it not?
00:59:03Yes.
00:59:03Paint. We'll make them see red.
00:59:07Them being Guy and the Forchester Hunt.
00:59:10Them being the shopkeepers next door to the boutique.
00:59:13They'd had a go at me about the disco music we've won all day.
00:59:16I thought I'd give them something to really grumble about.
00:59:19You antagonise them by painting your premises red.
00:59:21They asked for it.
00:59:24Yes.
00:59:24The demolition job we talked about, let's do it tomorrow.
00:59:29Tomorrow being the 20th, the day the grave was desecrated.
00:59:34Well?
00:59:36Greg's told you he was knocking out a fireplace in my flat.
00:59:40Well, on Friday, but he wasn't there.
00:59:42You were both in Benstead Green knocking something else about.
00:59:45We changed our minds.
00:59:47Thought we'd do some sussing.
00:59:49Especially since the local papers said they were cancelling the hunt.
00:59:52Sure sign it was on.
00:59:53Don't forget the sledgehammer.
00:59:56We'll celebrate afterwards.
00:59:58Yes, Mrs. Deacon, you'd celebrate when he'd finished your flat,
01:00:01after he'd rebuilt whatever he was doing with the fireplace,
01:00:04and you were starting life together there.
01:00:07I think the court knows exactly what you were really going to celebrate.
01:00:15You are Mrs. Esme Farthing?
01:00:18Yes.
01:00:18And you live over the old tea shop in Benstead Green?
01:00:21That's right.
01:00:22Just off the high street.
01:00:24Twelve years.
01:00:24Did you see the defendants on the afternoon of February the 20th?
01:00:28Oh, Sally.
01:00:29Well, you know I did.
01:00:30I told that man in front of you.
01:00:32I know, Mrs. Farthing, but will you tell the court?
01:00:34We took tea together.
01:00:36When, exactly?
01:00:38That afternoon, you said.
01:00:39What time was it?
01:00:41Well, let me see.
01:00:42I start at four.
01:00:44The Reverend Cobbington was just in.
01:00:46I had Lady Hardcastle in the window alcove.
01:00:49Hmm.
01:00:50A few minutes after four, I think.
01:00:52So Sally and Mr. Deacon came in to tea?
01:00:54Nearer 4.15, I'd say.
01:00:56My water was playing up.
01:00:58It takes an age to heat up.
01:00:59It's the wiring.
01:01:00I'm still waiting for the man from Fulchester.
01:01:02The defendants took tea between four and quarter past.
01:01:05Oh, no.
01:01:05No, that would be when they sat down.
01:01:07I never have people standing about.
01:01:09I think it's awfully bad.
01:01:11You see it in restaurants in Fulchester.
01:01:13Now, how did they behave, the defendants?
01:01:16Behave?
01:01:17Well, were they normal?
01:01:18Well, of course Sally's normal.
01:01:20What a thing to say.
01:01:22Were they casual, relaxed, or were they in a hurry?
01:01:25Well, it wouldn't really matter.
01:01:26I can only serve one at a time.
01:01:28He seemed a nice young man.
01:01:30Serious.
01:01:31Polite smile might be the right one for her.
01:01:35You obviously don't know it's Mrs. Deacon now.
01:01:38Oh, I am.
01:01:40Congratulations, Sally.
01:01:42You are a dark one.
01:01:44I do like to see young people married.
01:01:46Of course, I know now.
01:01:47How long have you known her, Mrs. Farthing?
01:01:49Oh, ever since she came from Ireland.
01:01:50She's running the boutique now, you know, in the town.
01:01:53I think girls should work.
01:01:55They'll understand on their own two feet.
01:01:56You never know when you're going to be left on your own.
01:01:58She did the right thing, getting rid of a separate person.
01:02:02What do you mean?
01:02:03I'm sorry, Guy, but it was plain as day she wasn't happy.
01:02:07How long did Sally and her husband stay on the afternoon of the 20th?
01:02:11Oh, 30 minutes, I should think.
01:02:15I never send visitors away.
01:02:18It's my golden rule.
01:02:20Plain bad manners, I'd never do it.
01:02:21Not like they do in Fulchester.
01:02:23So Sally and her husband left your tea shop at about quarter to five?
01:02:28Yes.
01:02:29Just made her call and off she went.
01:02:32Sally made a telephone call.
01:02:34Yes.
01:02:37Is that all right?
01:02:38Didn't I say?
01:02:40But they all use my telephone in the hall.
01:02:43I mean, the one in the high streets never worked.
01:02:45Do you know who she called?
01:02:46Oh, yes.
01:02:48Well?
01:02:49Well, if it's all right.
01:02:51The boutique.
01:02:53She couldn't get back there before closing time.
01:02:56Had to let them know.
01:02:57And then they left?
01:02:59That's right.
01:02:59Said he was due for a trim.
01:03:01What was that?
01:03:02Her young man.
01:03:04All that hair.
01:03:04We had a little joke about it.
01:03:06So Sally and Mr. Deacon had been in your tea shop since shortly after four o'clock?
01:03:10Oh, yes.
01:03:11Thank you, Mrs. Farthing.
01:03:13That's all right, dear.
01:03:14Mrs. Farthing?
01:03:15Yes?
01:03:15Did you hear Sally speaking on the telephone?
01:03:18How could I with a parlour full of customers?
01:03:20Then how did you know that she was phoning the boutique?
01:03:23She told me.
01:03:25She must have done, or how would I have known?
01:03:27She made the call at a quarter to five.
01:03:30Oh, all these times.
01:03:32I can't be...
01:03:32No, it's important, Mrs. Farthing.
01:03:34Well, as near as I can...
01:03:35Look, I don't want to get Sally into any trouble.
01:03:37Can you remember the clothes they were wearing?
01:03:39Oh, yes.
01:03:40Think carefully.
01:03:41Yes.
01:03:42Matching anoraks in blue.
01:03:45Very nice.
01:03:46But they were so wet.
01:03:47I had told them not to go out in the rain again.
01:03:49What do you mean, you told Sally?
01:03:51Had you seen her earlier?
01:03:53Oh, yes.
01:03:53They both came in at half past three.
01:03:56Did they indeed?
01:03:57Sally, I said you've forgotten already.
01:03:59Four o'clock in the winter months before I start tea.
01:04:02Did they go away again?
01:04:03Yes.
01:04:04Is that all right?
01:04:05Mrs. Farthing, were they any different when they returned at four o'clock?
01:04:11I mean, their manner, their clothing?
01:04:13No, not really.
01:04:15Not really?
01:04:16Just the cuts.
01:04:18Well, tell us, Mrs. Farthing.
01:04:20Well, Sally's fingers were cut through her gloves.
01:04:23I remember saying,
01:04:23how are you going to serve in a boutique with hands like that?
01:04:26Did you notice these cuts when she came in earlier?
01:04:29Can't say I did.
01:04:30I think she had her hands in her pockets.
01:04:33You aren't sure?
01:04:34Yes, I am sure.
01:04:36Ah.
01:04:37How far is it from your tea shop to St. Agnes' Church?
01:04:42St. Agnes?
01:04:43Hmm.
01:04:43Oh, good 20 minutes.
01:04:45By car?
01:04:45Oh, no, only five minutes by car.
01:04:48Oh, a few minutes.
01:04:49So, the accused disappear for half an hour at 3.30,
01:04:54and one of them, Mrs. Deacon,
01:04:56has torn gloves and cut hands on her return.
01:05:01Thank you, Mrs. Farthing.
01:05:04Mrs. Farthing, think carefully.
01:05:08Were Sally and Mr. Deacon polite and unhurried
01:05:12when they came back for tea just after four o'clock?
01:05:15Oh, perfectly.
01:05:16And what were they like when you saw them at 3.30?
01:05:18Just the same.
01:05:20Soaked through, but didn't seem to mind.
01:05:22Soaked through?
01:05:23Yes.
01:05:23They must have been outed in all day.
01:05:25Out in the rain?
01:05:27Yes.
01:05:29Did they say anything about where they'd been?
01:05:33No, but I knew what they'd been up to.
01:05:36Come on, Sally, said.
01:05:37We've got five minutes.
01:05:38Go and get any wetter.
01:05:40That's all?
01:05:41I think so.
01:05:42What had they been up to, Mrs. Farthing?
01:05:48Walks.
01:05:50I'm sorry, Mrs. Farthing.
01:05:53In the waters, searching.
01:05:56We can't hear, Mrs. Farthing.
01:06:01For the F-O-X-S.
01:06:05Sabotaging the local hunt, Mrs. Farthing?
01:06:08Yes.
01:06:10Well, do they all know?
01:06:12Yes.
01:06:13They all know.
01:06:14Oh, thank goodness for that.
01:06:18Consider the crucial pieces of evidence in this case, ladies and gentlemen.
01:06:22Dr. Phillips, the church warden,
01:06:24had told us that Brigadier Benstead's grave was intact at 3.30 that afternoon.
01:06:29At 5 o'clock, it was discovered smashed about.
01:06:33We've just heard that the accused were at a loose end at half past three,
01:06:37and that they didn't return to that tea shop until after 4 o'clock.
01:06:42Now, you may say, all of this is circumstantial.
01:06:45But Dr. Phillips has positively identified the couple
01:06:49as the two people he saw hanging about the Benstead grave
01:06:53at 4 o'clock that afternoon.
01:06:58There were perfectly legitimate reasons for Greg Deacon to be carrying paint and a sledgehammer
01:07:02in the boot of his car,
01:07:04and obvious reasons why the car would show traces of white clay.
01:07:09February the 20th was a miserable, overcast, drizzly day.
01:07:13A church warden.
01:07:14His spectacle lenses covered with rain spots
01:07:17sees two people very fleetingly with their anorak hoods up
01:07:21from a distance of 30 yards behind a four-foot wall.
01:07:25People who do not even face him directly,
01:07:27yet he picks them out
01:07:28at an identification parade at the police station the following day.
01:07:33No, members of the jury, this is just not good enough.
01:07:37My clients despised Brigadier Benstead,
01:07:40but they did not hate him.
01:07:42And this crime was one of hate.
01:07:46We have heard much about the Brigadier's aptitude for collecting enemies,
01:07:50whether they be poachers,
01:07:52farm workers,
01:07:53or ton-up boys.
01:07:54And I suggest that somewhere here
01:07:58lies the answer to this crime.
01:08:01Members of the jury,
01:08:02you have listened to much evidence of prejudice in this case.
01:08:06Prejudice against the legitimate sport of fox hunting.
01:08:10Prejudice no less violent
01:08:12against those who legitimately oppose it.
01:08:15Class prejudice.
01:08:17Generation prejudice.
01:08:19Whatever form it takes,
01:08:21prejudice is self-indulgent,
01:08:23ignorant, ignoble,
01:08:24and destructive.
01:08:26The word means to judge first,
01:08:29to make up your minds
01:08:30without listening to argument or evidence,
01:08:33the very opposite of the legal process.
01:08:37And although prejudice
01:08:39may motivate witnesses,
01:08:41it is not to be tolerated
01:08:43among counsel,
01:08:44on the bench,
01:08:46or, ladies and gentlemen,
01:08:47in the jury box.
01:08:49It is your duty to divorce from your minds
01:08:52all this prejudice
01:08:53to which you have been subjected,
01:08:56and any that may still be lurking in your hearts.
01:09:01Whatever your attitude to blood sports,
01:09:04you must not be deflected
01:09:05from judging this case
01:09:06on the evidence,
01:09:09just as I will not be deflected
01:09:11from directing you
01:09:11on that evidence.
01:09:13You may think there is only one point at issue.
01:09:16Did the two accused,
01:09:18without lawful excuse,
01:09:20deliberately or recklessly,
01:09:22deface the grave and headstone
01:09:24of Brigadier Edward Benstead
01:09:26on February the 20th?
01:09:28Remember,
01:09:28you must be satisfied
01:09:29that one or both of them did
01:09:30before you can convict him or her.
01:09:43Members of the jury,
01:09:44will your foreman please stand?
01:09:46Just answer this question,
01:09:48yes or no.
01:09:49Have you reached a verdict
01:09:50on which you were all agreed?
01:09:51Yes.
01:09:52Do you find the accused Gregory Deacon
01:09:54guilty or not guilty?
01:09:55Guilty.
01:09:56Do you find the accused Sally Deacon
01:09:58guilty or not guilty?
01:09:59Guilty.
01:10:02You have been found guilty
01:10:04of a particularly outrageous offence.
01:10:06You will each go to prison
01:10:08for three months.
01:10:10All stand.
01:10:16I told you,
01:10:17they still think
01:10:18we're a bunch of freaks.
01:10:19But it didn't do it, Sal.
01:10:21Perhaps we should have.
01:10:24You were sailing a little close
01:10:26to the wind once or twice there?
01:10:27Pompous old ass.
01:10:29I meant what I said.
01:10:30Yes, I know you did.
01:10:32You need a drink.
01:10:33Come on.
01:10:49Next week,
01:10:50a chance for you to join another jury
01:10:51in assessing the facts
01:10:52when our cameras return
01:10:53to watch a leading case
01:10:55in the Crown Court.
01:11:25The Concerto
01:11:27You
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