- 3 hours ago
Crown Court: the gripping courtroom drama from the 1970s and 1980s.
Writer and former radio researcher Annette Sanderson (Judy Geeson) is being sued for libel by her former colleague Jean Frazer Allardyce (Honor Blackman). Miss Sanderson does not deny that her comments were defamatory but argues they are true. She claimed that Miss Frazer was a manipulator who used sex to win people round to her side - including herself.
Lewis Fiander and William Simons appear as counsel for the plaintiff and defendant, respectively.
Writer and former radio researcher Annette Sanderson (Judy Geeson) is being sued for libel by her former colleague Jean Frazer Allardyce (Honor Blackman). Miss Sanderson does not deny that her comments were defamatory but argues they are true. She claimed that Miss Frazer was a manipulator who used sex to win people round to her side - including herself.
Lewis Fiander and William Simons appear as counsel for the plaintiff and defendant, respectively.
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TVTranscript
00:00:25The
00:00:25case you are about to see and the characters in it are fictional.
00:00:28The procedure, however, is legally accurate.
00:00:31The characters are played by actors, but the jury is selected from members of the general public.
00:00:35In court today, Annette Sanderson, a former researcher on the radio programme called Heart to Heart,
00:00:41is being sued for libel by the programme's producer, Jean Fraser Allardyce.
00:00:45The substance of the alleged libel is contained in a short story written by the defendant.
00:00:50She does not deny authorship, nor that the allegations are defamatory,
00:00:54but claims in her defence that everything she wrote is true.
00:01:01Miss Sanderson, when did you first meet the plaintiff?
00:01:05In June 1975.
00:01:07Mrs Allardyce, she was Jean Fraser then, used to talk to me when I brought studio participants or guests
00:01:13into the hospitality lounge of General Radio Communications, the independent radio company.
00:01:19We seemed to get on very well together, and she promised to find me a more interesting job working as
00:01:24a researcher on one of her programmes.
00:01:26Now, in June 1975, would it be true to say that General Radio Communications had, temporarily at least, closed its
00:01:33doors to new researchers?
00:01:35They said there were enough researchers already.
00:01:38Now, how was the plaintiff able to circumvent this closed-door attitude?
00:01:44She charmed the pants off the personnel manager.
00:01:47Miss Sanderson, when you say the plaintiff charmed the pants off the personnel manager, do you mean just that?
00:01:52I mean, since this allegation is one of those in your story which is defamatory, you must be precise.
00:01:57Are you alleging that the plaintiff seduced the personnel manager in order to gain your appointment?
00:02:02Yes.
00:02:03I see, yes.
00:02:04Mr O'Connor.
00:02:05Thank you, my lord.
00:02:07Miss Sanderson, what are your grounds for believing that a seduction took place?
00:02:12Jean told me that what she had done, and what she had promised Ned Varling, the personnel manager, was quite
00:02:19enough to make him cave in at the knees.
00:02:20Now, let's be quite clear about this. Are you saying that the plaintiff told you that she'd had sexual intercourse
00:02:26with Mr Varling in order to gain what she wanted?
00:02:28Not sexual intercourse, but sexual intimacy.
00:02:33Yes.
00:02:34Yes, I see.
00:02:36And you worked in total amity with Miss Fraser for how long?
00:02:40Well over a year.
00:02:42Which brings us to August of 1976, which time you entered Miss Fraser's household. Why was that?
00:02:50I'd been renting a very unsatisfactory flat. I told Jean I couldn't stand it much longer, and she offered me
00:02:57rooms in her place.
00:02:58I had my two rooms and my own bathroom.
00:03:01For a rent of how much?
00:03:02Ten pounds a week.
00:03:04Ten pounds a week for a bedroom, a sitting room and a bathroom? And the run of the rest of
00:03:09the house as much as you pleased?
00:03:10Well, was this not generous?
00:03:13There was a reason for her generosity. She wanted a personal secretary, a general maid, a girl Friday, Saturday and
00:03:22every day. And that is what I became.
00:03:24And you carried out these various duties in addition to your full-time work with General Radio Communication?
00:03:30For almost eighteen months.
00:03:32Almost eighteen months. Which time you must have become indispensable to Miss Fraser.
00:03:38Now, when did the new program come about?
00:03:40Heart to Heart. In September 1976.
00:03:43And who originated the idea for this new program?
00:03:47I did.
00:03:48And you discussed your idea with Miss Fraser?
00:03:50Yes. She thought it was a marvelous idea. Just the thing I need for a change of image, she said.
00:03:56And how was that change of image effected?
00:03:59Jean invited the managing director, Mr. Eddie Wilbraham, round for dinner one evening. I cooked and served the food and
00:04:06wine, and Jean chatted him up.
00:04:11Chatted him up? What form did this take? Are you saying it was a sort of platonic evening?
00:04:17No. Between a man and a woman at a certain stage in their relationship, no words have to be spoken.
00:04:25The atmosphere is charged with sexual promise.
00:04:28Was this promise fulfilled?
00:04:31On at least four subsequent occasions, I saw Eddie leaving Jean's bedroom well after midnight.
00:04:36Now, how did you see this?
00:04:37From the drawing room downstairs, I was able to see anyone entering or leaving her bedroom.
00:04:42Yes, but how could you be absolutely sure that it was Mr. Wilbraham who you saw leaving Miss Fraser's bedroom
00:04:48at midnight on at least four occasions?
00:04:51Because he came and talked with me afterwards.
00:04:53Came and talked to you? Why would he do that?
00:04:56Because he quite fancied me. But he used to make awful jokes about Jean having worn him out.
00:05:01Now, Miss Sanderson, you've now reached a point when the new program, Heart to Heart, willingly sanctioned, indeed gratefully sanctioned
00:05:09by Mr. Wilbraham,
00:05:10had been sold to a local independent radio station. When did it begin to attract the attention of the major
00:05:16independent radio companies?
00:05:18Less than a year after we initiated it.
00:05:21And how did that interest come about?
00:05:22Well, we decided after a great deal of research and heart searching to do a two-part program on the
00:05:32subject of male and female homosexuality.
00:05:36The day after program one went out on a local station, there was an enormous response from the national press.
00:05:42And a major company asked to hear the recording of program two, which was to deal with the subject of
00:05:48lesbianism,
00:05:49in a view to arranging a simultaneous networking of the program.
00:05:53The effect was so enormous that it even affected the television ratings the day it was broadcast.
00:05:59Oh, this must have been exciting and gratifying for you.
00:06:02It was the breakthrough we'd been hoping for.
00:06:05And did this program on the subject of lesbianism, did that go out by the major network companies?
00:06:10Yes.
00:06:12And was it a success?
00:06:13A huge success.
00:06:15For that program, I'd also taken great pains over the research.
00:06:19I'd found two solo lesbians and also a pair living together.
00:06:24Jean had met them several times.
00:06:25We had many major discussions.
00:06:27And was this lesbian couple used on the program?
00:06:32On the day of the recording, Jean very suddenly asked me to go to Carlisle to find some people to
00:06:38set up for a further program.
00:06:39I didn't want to go, of course, not that day.
00:06:43I came back the next day and I heard the show in Jean's office.
00:06:47She was there.
00:06:48And it was a great success.
00:06:49It was a complete fraud.
00:06:52Jean had decided that the couple that I had chosen weren't appealing or articulate enough to scoop the ratings.
00:06:57So she paid them off and rehearsed a pair of unknown, heterosexual and talented actresses.
00:07:04And that is why the show hit the top.
00:07:07You continued in Miss Fraser's employment.
00:07:10Now, how do you equate this with your conclusion that your friend and employer was guilty of an appalling fraud?
00:07:17Because she was my friend.
00:07:19Because I loved her and admired her ability.
00:07:22I couldn't see it wrecked when she'd come so far.
00:07:26Miss Anderson, in your story, which has given rise to this action, you make certain allegations about the plaintiff's professional
00:07:34autobiography, entitled, like her successful radio program, Heart to Heart.
00:07:39Now, how was the subject of this autobiography first broached?
00:07:43Jean was approached by the editor of a good publishing house to write such a book.
00:07:48She was thrilled at the idea, but decided that she simply didn't have time to write it herself.
00:07:53So she discussed her decision with me, and we decided that there might be a way around the problem.
00:07:59And what conclusion was reached?
00:08:01That I should, in my spare time, research and write the first draft.
00:08:05That Jean would then revise it and add her own personal touches, and that the revised manuscript would then be
00:08:11sent off to the publisher.
00:08:13Now, was there any agreement about giving you a credit for your work?
00:08:18Jean had always, always said that in view of my work on both the program and on the book, that
00:08:26I would receive a proper credit at last.
00:08:28The title page was to read Heart to Heart by Jean Fraser, subtitled, My Life in Radio, and in smaller
00:08:36print below, with Annette Sanderson.
00:08:39Was there any written agreement about this?
00:08:41No. I thought we trusted one another.
00:08:44But at no time prior to publication, did Miss Fraser allow you to see the introductory pages to the book?
00:08:51No. She just kept smiling and hinting how pleased I would be.
00:08:57Well, your work was acknowledged, was it not?
00:09:00Acknowledged.
00:09:02This book is dedicated, with affection and gratitude, to Bob, Mick, Shirley, Eddie, Wendy, and Annette, for their unending support
00:09:16and love.
00:09:18Last of six.
00:09:21And what about the title page?
00:09:23A sole writing credit, Heart to Heart by Jean Fraser.
00:09:27Not a word about me, even though I'd written the book.
00:09:33Miss Sanderson, did you take any positive steps to rectify your claim to a co-writing credit?
00:09:41I didn't turn up for work the next day. I went to London and saw the editor who'd been responsible
00:09:46for the whole publishing deal.
00:09:47Did he acknowledge your claim to a co-writing credit, and take steps to see that you'd get some acknowledgement?
00:09:54No. What he said was, what he said was something like,
00:10:02I've always understood from Miss Fraser, that owing to your valued part in the creation of this book,
00:10:08that your work would be acknowledged, as it is, as it has been done, in print, in the book.
00:10:17It wasn't his fault. He was being conned by her, just as I was, just as everyone is.
00:10:39Miss Sanderson, did you approach the plaintiff with your dissatisfaction over the loss of your writing credit?
00:10:45When I got back from London, I called Jean at the studio.
00:10:50I said, you bitch, you conniving bitch, how can you do this to me?
00:10:57And then?
00:10:59An hour later, she was at my flat.
00:11:02Now, what time of night would this have been?
00:11:04I... I don't know, about 10, 10.30. I...
00:11:09I was feeling so low, I'd drunk far too much whiskey and taken a sleeping tablet and crawled off to
00:11:14bed.
00:11:15And then Miss Fraser arrived?
00:11:17She was sobbing.
00:11:20Said she couldn't understand what had provoked such an outburst.
00:11:23It was a hell of a rout.
00:11:25I told her to get out and I crawled off back to bed again.
00:11:29So matters were left unresolved?
00:11:33No.
00:11:36I heard Jean coming into my bedroom.
00:11:40She slipped into bed beside me.
00:11:44She was naked.
00:11:47She was trying to soothe and comfort me.
00:11:51She was kissing me.
00:11:53And telling me that I meant more to her than anyone else in the whole world.
00:12:01She clung to me.
00:12:04And she made love to me.
00:12:07You are saying that she made love to you in an effort to distract you from your main purpose.
00:12:15I'm trying to tell you that Jean is all things to all people.
00:12:20She has power over people.
00:12:23I don't know what it is.
00:12:25Sexual, emotional.
00:12:28But when she turns it on she's irresistible.
00:12:32That night she was so beautiful.
00:12:38She was so loving.
00:12:45She got me so worked up and hysterical that I couldn't deny her anything.
00:12:53Now after the events of that evening, was anything practical decided about your omission from the title pages of the
00:13:01book?
00:13:04At breakfast the following morning, Jean agreed that I would receive 20% of all profits from the book.
00:13:12And that she would see to it that I got to take an active part in the Heart to Heart
00:13:15program myself.
00:13:16And were these promises fulfilled?
00:13:18In the end they were.
00:13:20And how long did this state of affairs continue with yourself and Miss Fraser working in harness on the Heart
00:13:27to Heart program?
00:13:28Until last year.
00:13:29What happened then?
00:13:32As everyone here must know, Heart to Heart became the biggest in-depth chat show in the country with a
00:13:38radio audience of millions.
00:13:40Jean became a national figure. A demigoddess.
00:13:44The whole thing became so sacred that the managing director of general radio communications became terrified in case the least
00:13:53breath of scandal were attached to it.
00:13:55So they inserted a morals clause into our contracts.
00:13:58What was the nature of this morals clause?
00:14:01In effect that anyone working on the show who infringed the entrenched establishment attitude towards sexual and social morals during
00:14:09the run of the show,
00:14:10would be dismissed forthwith, without appeal or recourse to arbitration.
00:14:15And how did this clause affect your relationship with Miss Fraser?
00:14:19When Jean signed that clause, she'd been married for almost a year to Gregory Allardyce.
00:14:25So she was doubly open to any sort of scandal.
00:14:28As High Priestess of the Holy Show in town, and as a married woman.
00:14:34Was there anything that might cause any scandal to attach itself to Miss Fraser?
00:14:42Shortly after the morals clause affair, Jean was approached very privately by Edric van der Andel.
00:14:50A big wheel in a large American network company.
00:14:54He wanted to do business with Jean, and she very much wanted to do business with him.
00:14:59He wanted her to run a similar show for his company.
00:15:02That's correct. But on a major American television network.
00:15:06He came to London. He seemed impressed.
00:15:10So Jean arranged with me to reserve for her suite next to van der Andel at the London Hotel Frobisher.
00:15:18And?
00:15:20The three of us had cocktails in Jean's suite.
00:15:24It became very obvious that he was merely doing the boring old male bit.
00:15:29He wanted Jean.
00:15:31And if he couldn't have her, she wouldn't get the offer.
00:15:36He went to his suite.
00:15:38Yes, at what time of night would this be?
00:15:40At about seven in the evening.
00:15:41But you told the court that this was Mr van der Andel's last day in London.
00:15:46I'm sorry. I should have said his last full day.
00:15:49He was returning to New York the following morning.
00:15:53I left and went to stay at a friend's flat.
00:15:56The following morning, Jean was frantic with excitement.
00:15:59She was holding up a letter of agreement from van der Andel.
00:16:02I asked her how the evening had gone.
00:16:05She said it had been unbelievably tedious.
00:16:09And what had made it even more tedious was that van had been inadequate in bed.
00:16:13Yes, what happened in July of last year?
00:16:19I'd been having a relationship with a married colleague.
00:16:23And as a result of the Morrill's Clause, I was dismissed by GRC.
00:16:28What was your reaction to this?
00:16:30I decided to get out of town for a while.
00:16:34But I felt I had to see Jean to say goodbye.
00:16:37So I went round to her flat the following evening.
00:16:40Jean wasn't in, but her husband was.
00:16:42He knew that you'd been dismissed?
00:16:44He was very upset.
00:16:45He invited me in and we had a drink.
00:16:48And that is when he told me that he was deeply worried about Jean.
00:16:51In what way?
00:16:53He felt that she'd been overworking, under too much stress.
00:16:57Apparently she'd become very tense at home.
00:16:59Oh, my lord!
00:17:00Yes, just one moment, please.
00:17:01Miss Sanderson, are you intending to relate something that Mr. Allardyce told you that Mrs. Allardyce told him?
00:17:06Naturally, because it was what she said.
00:17:07Yes, but you were not present at these discussions, were you?
00:17:10No, but...
00:17:10But this is hearsay evidence and cannot be admitted.
00:17:12But the whole point of that...
00:17:13Miss Sanderson, I'm sure you understand what I've said. Carry on, Mr. O'Connor.
00:17:18We've come to the crucial point in your relationship with Jean Fraser, Miss Sanderson.
00:17:24How did you think word of your affair with a married man had got to the management of GRC?
00:17:31I assumed, until I spoke with Mr. Allardyce,
00:17:35that any one of several people who knew of the affair could have betrayed us.
00:17:41Did Miss Fraser know of the affair?
00:17:43Yes, of course, she was my closest friend.
00:17:46Did she ever, at any time, tell you that unless you discontinued the affair, she would have to inform on
00:17:52you?
00:17:52No, never, not at any time.
00:17:53So of the five or six people that knew of your affair, you did not think that Miss Fraser would
00:17:58be the one to inform on you?
00:18:00That is what I assumed, until I spoke with Mr. Allardyce.
00:18:04Yes, and as a result of what Mr. Allardyce told you, what did you do?
00:18:10I went back to my flat and tried to kill myself.
00:18:13How?
00:18:15Whisky and sleeping pills.
00:18:18Just made me very, very sick.
00:18:21I drank black coffee and I walked around until dawn.
00:18:25And somehow I got myself into my car and I drove to Oxfordshire.
00:18:29Why to Oxfordshire?
00:18:31I needed peace.
00:18:33And the company of somebody I could trust.
00:18:36My godmother lives in Stoke Ashley, so I went to see her.
00:18:40Yes, now what day would that have been?
00:18:42July the 15th.
00:18:43What happened two days after that, on the 17th of July?
00:18:46Jean came to see me.
00:18:48Exactly when?
00:18:50The afternoon.
00:18:52She arrived about two and left shortly after 3.30.
00:18:55What occurred during that meeting?
00:18:57Jean admitted to having me sacked.
00:18:59Said she realised that my loss of income and work must have come as a terrible blow, even though I
00:19:05had caught a disaster.
00:19:06I told her that she had caught a disaster by seducing van der Randeel.
00:19:11She wanted that kept very quiet.
00:19:13I asked her how she expected me to keep quiet after the way she had behaved.
00:19:19She then offered me £5,000 to keep my mouth shut.
00:19:23£5,000?
00:19:25In cash.
00:19:26And how did you respond to this offer?
00:19:28I cried.
00:19:30Because of all the things she'd ever done to me, this was the most contemptible.
00:19:34And when she brought that fat envelope out of her handbag and told me it contained £5,000, I wanted
00:19:42to kill her.
00:19:44How easy did she think I was?
00:19:47Did you accept the cash?
00:19:50I took the money.
00:19:52And once again, Jean assumed she had bought me off.
00:19:55Miss Anderson, the £5,000, what has happened to it?
00:19:59When this trial is over, no matter what the outcome, my solicitor will return the money to Miss Fraser.
00:20:06Now, Miss Anderson, I want you to think very carefully before you reply.
00:20:11You must realise that if this case should go against you, the costs and damages awarded against you could be
00:20:18very considerable.
00:20:20Are you prepared to abandon your defence and apologise?
00:20:28I'd sooner go to jail for 20 years than take back one word of what I've written about her.
00:20:34Thank you, Miss Anderson.
00:20:36Miss Anderson, you realise of course that this is a civil case and that there isn't the slightest likelihood of
00:20:41you going to prison for 20 minutes, let alone 20 years.
00:20:45Your first allegation is concerned with events that occurred at General Radio Communications in June of 1975.
00:20:52Now, Miss Fraser, out of the goodness of her heart, wish to make use of your training and talents by
00:20:56getting you a job as a researcher on her then programme.
00:21:00That is so, yes.
00:21:01Now, you've told the court that there were problems here and that Miss Fraser charmed the pants of the personnel
00:21:08manager, Mr Farling, in order to secure the job for you.
00:21:12Yes.
00:21:13Yes.
00:21:13Now, when pressed by his lordship to define what charming the pants of Mr Farling meant, you allege that sexual
00:21:21intercourse between Miss Fraser and Mr Farling did not take place.
00:21:26But that sexual intimacy did.
00:21:28Oh, yes, sexual intimacy. What a world of lubricity is conjured up by that phrase. Now, what does it actually
00:21:37mean? Cannot sexual intimacy be a meeting of the eyes, a certain smile, a movement of the lips? Does sexual
00:21:46intimacy have to have a basis in squalid physical encounters?
00:21:50What Jean told me left me in no doubt that an overt sexual act had taken place.
00:21:56What kind of an overt sexual act?
00:22:00My lord, I have no intention of saying in open court what Miss Fraser told me took place between herself
00:22:06and Ned Farling.
00:22:09My lord?
00:22:10Then she'll write it down.
00:22:12If I must?
00:22:13I'm afraid you must, Miss Sanderson, if you intend pursuing this allegation.
00:22:31Yes. Yes, I see.
00:22:37Do you claim to be present when this, er, alleged activity took place?
00:22:42Of course I wasn't.
00:22:44You allege that the words you've written down were the words Miss Fraser used to describe how she dealt with
00:22:50Mr Farling.
00:22:51Well, they're not the kind of words I dream up, are they?
00:22:54Dream up, Miss Sanderson.
00:22:56Mr Farling died last month of a cerebral hemorrhage.
00:23:00How can I possibly know what you are capable of dreaming up?
00:23:04You are the writer of fiction, Miss Sanderson, not I.
00:23:21The case of Allardyce against Sanderson will be continued tomorrow in the Crown Court.
00:23:38The End
00:23:39The End
00:23:40The End
00:23:45The End
00:23:46The End
00:23:56Today, at Fulchester High Court, Annette Sanderson is accused of the malicious libel of her former boss, radio producer Jean
00:24:02Fraser Allardyce, following the publication of a short story.
00:24:06A story which was a thinly veiled account of her professional and private association with Mrs Allardyce.
00:24:11This is the defendant's second day in the witness box, where she is being cross-examined by counsel for the
00:24:16plaintiff.
00:24:17The case you are about to see and the characters in it are fictional.
00:24:20The procedure, however, is legally accurate.
00:24:23The characters are played by actors, but the jury is selected from members of the general public.
00:24:30Now, Miss Sanderson, amongst a miasma of minor allegations in your short story, one major allegation begins to rear its
00:24:41head above the swamp.
00:24:44That in order to ensure that the new programme Heart to Heart would be officially blessed, Miss Fraser seduced the
00:24:50managing director of General Radio Communications, Mr Eddie Wilbraham.
00:24:54Did you ever hear my client promise Mr Wilbraham a sexual favours in return for his go-ahead on the
00:24:59programme?
00:25:00No.
00:25:00No.
00:25:02The next allegation concerns the programme dealing with lesbianism.
00:25:06You've told the court that Miss Fraser substituted two carefully rehearsed actresses for the lesbian pair you had chosen and
00:25:13that she packed you off to Carlisle.
00:25:15Now, did Jean Fraser at any time say that these two women were actresses?
00:25:19She didn't have to. It was obvious.
00:25:21Yes. Will you please answer my questions directly?
00:25:25Did you make any attempt to track them down and to confess to their part in this alleged misrepresentation?
00:25:33What was the point? It was all far too late by then.
00:25:35What was the point? Indeed. Yet, despite all this, you remained in Jean Fraser's employment.
00:25:44She was my friend. I loved and admired her ability. I couldn't see it wrecked when we'd come so far.
00:25:51Your humanity and your compassion and your enthusiasm triumphed over your moral scruples.
00:25:57Now, we come to the question of Miss Fraser's professional autobiography.
00:26:02You've alleged that you wrote most of the book on the understanding that Miss Fraser would give you a co
00:26:06-writing credit.
00:26:07Was there any legal agreement as to this between you?
00:26:10No. I thought we trusted one another. I always thought that my work would be properly acknowledged.
00:26:15Yes, as it was. In a loving and generous dedication.
00:26:19Last of six? Is that a generous writing credit?
00:26:22Credits where credit was due, perhaps.
00:26:25Now, we arrive next at the alleged adulterous liaison between the American television director, Mr. Edric van der Rendell.
00:26:34You've testified that from seven in the evening until breakfast time the following morning, you were absent from the hotel
00:26:41in which this alleged liaison took place.
00:26:44I was staying with friends.
00:26:46Yes, and we only have your word for it that this alleged liaison did take place.
00:26:50Jean told me about it.
00:26:52You've also said that my client betrayed you to general radio communications.
00:27:00Did you or did you not fornicate with a married man associated with that program?
00:27:09We were having an affair, yes.
00:27:11Was not your affair not common knowledge amongst at least five people as well as my client?
00:27:16Yes.
00:27:16Of course it was.
00:27:18Now, finally, you've alleged that Miss Fraser came to see you in Oxfordshire on July the 17th.
00:27:24She did come to see me.
00:27:27Did anyone else see Miss Fraser arrive at or leave your godmother's house?
00:27:30No, my godmother had gone to see friends in Bicester.
00:27:33So we only have your word for it that Miss Fraser did in fact visit you there.
00:27:37And five thousand pounds.
00:27:40But you will hear my client deny ever having visited you in Oxfordshire.
00:27:45And there are no witnesses to testify to the truth of that statement.
00:27:49I put it to you that your testimony as to that meeting and that grotesque offer of five thousand pounds
00:27:54in cash is on a par with everything else that you've suggested in this court.
00:27:58I suggest your testimony is nothing but a vicious fiction.
00:28:03A hazy scenario of sleeping tablets, alcohol, depression, sexual fantasy and the delusion of your own literary worth.
00:28:14And I have no further questions to put to you.
00:28:19Mr. Anderson, my learned friend has shouted and stormed in an attempt to get you to shift your ground.
00:28:25Do you still maintain that all your allegations are true?
00:28:29As I stand here on oath, everything I have testified to is true.
00:28:36Does your lordship have any questions?
00:28:38No, Mr. O'Connor. You may leave the witness, Fox.
00:28:41My lord, I have a further witness.
00:28:43Unfortunately, owing to a train derailment, she is delayed.
00:28:47I would like permission to call her later.
00:28:49Any objections, Mr. Wolfe?
00:28:51No, my lord.
00:28:51Very well.
00:28:53Perhaps you would continue, Mr. Wolfe.
00:28:57Mrs. Allardyce, your full name is Jean Fraser Allardyce, is that right?
00:29:01Yes.
00:29:02But professionally, however, you are better known by your maiden name, Jean Fraser.
00:29:06Yes, most people know me as Jean Fraser.
00:29:09Yes, Miss Fraser, you've read the defendant's short story entitled Your Head On My Shoulder.
00:29:14The defendant concedes that it contains several specific allegations concerning your moral and professional behaviour.
00:29:21Now, in the light of all this, have you any wish to reconsider your action of libel against her?
00:29:26The defendant, Miss Sanderson, whom until recently I thought of as my closest friend, has done so much damage, caused
00:29:34so much unhappiness to my husband, to me, and to so many of our friends, that until all our names
00:29:40are cleared in public, there can be no rest for any of us.
00:29:44I feel deeply sorry for Miss Sanderson, because when all this is over, and her story has been discredited, what
00:29:51kind of life can she expect to lead?
00:29:54Quite, Miss Fraser.
00:29:55Now, I'd like to deal with the defendant's allegations as far as possible in chronological order.
00:30:00Now, firstly then, the matter of her needing the position of researcher to work on your programme.
00:30:04Miss Sanderson has alleged that you charmed the pants of the then personnel manager in order to gain his approval
00:30:13for Miss Sanderson's appointment.
00:30:14I could see that Annette was a very bright girl and could do far better than acting as a receptionist.
00:30:20I therefore went to see the local personnel manager, Mr Ned... the late Mr Ned Farling.
00:30:26Yes, do you recall where this meeting took place?
00:30:28In Ned's office.
00:30:29And, er, did you exert any sexual pressure in order to obtain Mr Farling's agreement?
00:30:36Of course I didn't.
00:30:37Do I exert sexual pressure over the lift operator when I ask him to take me to the fifth floor?
00:30:43It's a nonsense.
00:30:44Yes, so that there was never anything immodest or improper in your relationship with Mr Farling?
00:30:49No.
00:30:50Miss Fraser, in August of 1976 you offered the defendant accommodation in your house.
00:30:54Why was that?
00:30:55Well, the place she was living in was dreadful.
00:30:57We both had far too much work on hand to be distracted by Annette's having to flat hunt.
00:31:02So I invited her to stay in my house.
00:31:04And it was whilst Miss Sanderson was living at your home in September of 1976 that the idea
00:31:09of the special programme Heart to Heart was suggested.
00:31:12About then, yes.
00:31:13Yes.
00:31:14Who conceived the idea of the programme?
00:31:16I did.
00:31:17You've heard the defendant claim that it was she who originated the idea.
00:31:22I'm quite prepared to give credit where it's due.
00:31:25Once she'd read my notes on the proposed series, it was Annette who came up with the title Heart
00:31:30to Heart.
00:31:32And she worked very hard once we had the go-ahead to make the show a success.
00:31:35But the original concept was mine.
00:31:39I had created and presented dozens of programmes before Annette joined us.
00:31:45Yes, I see.
00:31:46Now, this matter of the go-ahead for the series is of vital importance to this case.
00:31:50The defendant has alleged you invited Mr. Eddie Wilbraham, the General Radio Communications
00:31:55Managing Director, round to your home.
00:31:57And in your room, on at least four occasions, you made love to him.
00:32:03The trouble with Annette was she had never seemed able to have a successful relationship
00:32:07of her own, so she fantasised about everyone she knew.
00:32:11Miss Fraser, just answer the question, will you?
00:32:13I'm sorry, my lord.
00:32:15Eddie came round to visit me one evening on his own.
00:32:18That was the evening on which the programme had been given the go-ahead a few hours earlier.
00:32:22Yes, were you alone when he called?
00:32:24Yes.
00:32:25At what time of night would this have been?
00:32:27About half past nine.
00:32:28About half past nine.
00:32:30Now, why are you so sure?
00:32:33Well, because it was the turning point in my career.
00:32:36True to his word, Eddie came round to see me in person to tell me the good news.
00:32:40The show had been accepted.
00:32:43Shortly after ten, Annette arrived with a few friends.
00:32:47We told her the good news and she was overjoyed.
00:32:49They were general congratulations.
00:32:52But because the other people weren't in the business and Eddie wanted to tell me more about the meeting,
00:32:57we went upstairs to my study to have a good old chinwag.
00:33:01And how long did that chinwag go on?
00:33:03Oh, we chatted away and had a few drinks and Eddie left around midnight.
00:33:07Now, did you at any time during those two hours take Mr Wilbraham into your bed as a reward for
00:33:15his endeavours on your behalf?
00:33:17Of course not.
00:33:19These awful accusations are wounding and hurtful to us all.
00:33:24Yes, indeed.
00:33:25Now, did Mr Wilbraham ever visit your home subsequent to that evening?
00:33:29A few times, yes.
00:33:30I quite frequently give dinner parties and they sometimes included Eddie and his wife.
00:33:35And his wife.
00:33:37But did Mr Wilbraham at any time visit your room late at night, enjoy your favours, then creep downstairs and
00:33:46give Miss Sanderson a blow-by-blow account of the fun?
00:33:50Never.
00:33:52The idea is squalid and disgusting.
00:33:55You're lying, Jean, you're lying.
00:34:11We now progress to one of the most serious allegations that the defendant has made against you.
00:34:17She's alleged that on the day the programme dealing with lesbianism was to be recorded, you sent her up to
00:34:22Carlisle. Is that correct?
00:34:23I asked her to go to Carlisle.
00:34:26We were in grave danger of not having enough material for the next show if something wasn't done very quickly.
00:34:32She was disappointed naturally as I was for her.
00:34:35There was no option.
00:34:37The defendant then alleges that once she was out of the way you dropped the original lesbian couple and that
00:34:42you substituted two, and I quote her words,
00:34:45two unknown heterosexual and talented actresses to represent practising lesbians.
00:34:50Annette has deliberately chosen to ignore the facts.
00:34:54Just before noon, on the day of the recording, the two women who'd agreed to speak as the lesbian pair
00:34:59changed their minds.
00:35:01I had three hours in which to find adequate substitutes.
00:35:05We'd contacted six lesbian couples in all, and I had to find and locate a pair I could bring to
00:35:11the studio in time for the recording.
00:35:13The nearest couple lived on the outskirts of Fullchester. I rang them and they agreed to take part.
00:35:19And were these ladies heterosexual and talented actresses?
00:35:24They were rather sad young women living on the fringe of what they thought of as show business.
00:35:29But were they practising lesbians, living together?
00:35:31Yes, of course they were. Otherwise they wouldn't have been on the shortlist for the program.
00:35:35So why was Miss Sanderson so enraged when she heard the playback of the program in your office?
00:35:40A program that by general consensus was agreed to be effective and moving.
00:35:46I wish I knew. I can only think she was so upset because the first couple on whom she'd spent
00:35:52so much time had let us down so badly.
00:35:54Did she accuse you at any time of employing professional actresses?
00:35:58Oh yes. In my office. She was weeping and hysterical.
00:36:02I couldn't believe that she would think I was so stupid as to risk the integrity of my program in
00:36:08that way.
00:36:08Now, the defendant has alleged that your next contretemps was to do with the writing credits on your book.
00:36:13Your professional autobiography entitled, like your show, Heart to Heart.
00:36:19What was the nature of your working relationship?
00:36:23We came up with a deal. I would make sound recordings of my professional life.
00:36:29Annette would transcribe them and come to me about anything she thought I'd left out.
00:36:34For this I would pay her a thousand pounds and twenty percent of all authors' royalties.
00:36:39Now, did you at any time promise the defendant a co-writing credit on this book?
00:36:43Never.
00:36:44But you nevertheless wished to acknowledge the defendant's help in the preparation of this book.
00:36:48Naturally, but I wanted it to be a surprise.
00:36:50Now, the defendant has claimed that following her visit to the publishing house, she returned to her flat then rang
00:36:56you at the studio.
00:36:58That's true. She called me a conniving bitch and rang off.
00:37:03How did you respond to this extraordinary attack?
00:37:06I was astonished and worried for her. I went to see her immediately.
00:37:12The defendant has claimed that when you arrived at her flat you were sobbing and moaning and that there was
00:37:18a dreadful scene.
00:37:19The reverse is true. She was in a terrible state. She had some coffee and then she went to bed
00:37:27after having taken a sedative.
00:37:30Ah, sedative. She went to bed alone?
00:37:34Yes. After about half an hour I looked in, she was sleeping soundly, so I switched off the lights and
00:37:39went home.
00:37:40So you didn't get into bed with her?
00:37:41At no time. I'd been working very hard all day and I wanted to go home.
00:37:46And at no time did you make sexual advances of any sort to her?
00:37:50How often do we have to go through this? At no time. Then or any other time.
00:37:57Thank you. That's perfectly clear.
00:38:00Well, now, next on Miss Sanderson's remarkable list of allegations comes the one dealing with your relationship with Mr. Edric
00:38:08van der Rendell.
00:38:10Her inventiveness is remarkable.
00:38:13You don't deny that you took a suite at Frobisher's Hotel in London where Mr. van der Rendell was staying?
00:38:19Of course not. Mr. van der Rendell had been playing hot and cold.
00:38:24Yannette and I wanted a definite decision before he left. The right decision could have made a momentous change in
00:38:31our careers.
00:38:32Then the three of you had drinks in your suite and Miss Sanderson left the hotel?
00:38:39Yes. After Mr. van der Rendell had left. Not before.
00:38:43Did you see Mr. van der Rendell again that evening?
00:38:46Yes, we had dinner together.
00:38:48Oh, where?
00:38:49In the grill room, together with about 40 other diners. Over the coffee, he said he felt sure the program
00:38:56would be a success on television over there and gave me a signed letter of agreement.
00:39:00So he must have signed it before you sat down to dinner together.
00:39:04Certainly. We said good night and that was that.
00:39:08Thank you. You've been very patient. Now, in July of last year, the defendant was dismissed from her post with
00:39:16the heart-to-heart program because she had infringed a morals clause in her contract.
00:39:21Yes.
00:39:22Were you responsible for engineering her dismissal?
00:39:25Of course not. I did everything I could to get her reinstated.
00:39:28Had the defendant discussed her affair with you, the affair that led to her dismissal?
00:39:34Certainly.
00:39:35And at no time did you reveal to upper management that this liaison was taking place?
00:39:41Well, the last thing I wanted was for it to be found out. I was expecting Annette to go to
00:39:46America with me.
00:39:47Indeed you were. Now then, the defendant was dismissed from GRC on the 13th of July last. When did you
00:39:54next see her?
00:39:56The day I entered this courtroom.
00:39:58The defendant has alleged that on the 17th of July last you visited her in Oxfordshire and attempted to bribe
00:40:05her with £5,000 in cash.
00:40:09This is simply the craziest allegation in a list of crazy allegations. Because on July the 17th, when Annette alleges
00:40:18I was with her in Oxfordshire, I was in fact conducting research in Norfolk.
00:40:23You were in Norfolk?
00:40:24Yes. I arrived at Thetford in time for lunch.
00:40:28Were you on your own?
00:40:29Yes.
00:40:30Was that usual?
00:40:31Not unusual. That day I wanted to be on my own. There had been a distressing few days with Annette's
00:40:38dismissal and I wanted to have time to relax. I relax best when I'm driving alone.
00:40:43Now at this hotel in Thetford, were you recognised by anyone?
00:40:47By several people, yes. My picture was plastered all over the papers every time heart to heart was mentioned. They
00:40:55wanted to discuss the show and get my autograph.
00:40:57So you talked to a number of people and then you had your lunch. Did you interview anyone in the
00:41:03end?
00:41:03No. I didn't feel up to any extra motoring. So I drove straight back home.
00:41:09At what time did your lunch end?
00:41:12Oh, I arrived late so I must have left around three.
00:41:16Around three. Yet the defendant has alleged that you arrived in Oxfordshire at her godmother's home around two that afternoon.
00:41:28That's nonsense.
00:41:29You did, Jean. You did.
00:41:31I won't put up with any more of these outbursts, Miss Sanderson. Do you understand that? Any more behaviour of
00:41:35this nature and you'll be removed from the court.
00:41:40My lord, so you left Thetford at about three in the afternoon and drove straight back to Fulchester, a distance
00:41:46of some 140 miles, across country and slow.
00:41:49Oh, my lord, really?
00:41:51I've made that journey myself several times, Mr O'Connor. It is cross country and very slow if you drive
00:41:55with caution.
00:41:57I've obliged you, my lord. So you arrived home about when?
00:42:01About half past seven.
00:42:03Thank you. Now, did you at any time withdraw five thousand pounds from your bank account in order to bribe
00:42:08the defendant to keep her mouth shut about what she alleges were your indiscretions with Mr Van Der Andel?
00:42:16You've seen my bank statements for that entire year. In any case, I had no indiscretions to worry about.
00:42:23Thank you, Miss Fraser.
00:42:26Mr O'Connor, oh, and please make it brief. This case has taken a great deal of time already.
00:42:30Oh, yes, my lord. Miss Fraser, let me take you back to the evening when you entertained Mr Wilbraham, the
00:42:37managing director of GRC in your bedroom.
00:42:39In my study.
00:42:41Well, the room contained a bed, didn't it?
00:42:43A divan.
00:42:44Oh, very well, a divan, in which you slept every night you were at home.
00:42:49Yes, of course.
00:42:51Well, in two hours it would have been perfectly feasible, would it not, for you and Mr Wilbraham to have
00:42:56spent all that time in bed, in comfort, making love without fear of interruption.
00:43:01It didn't happen. How many more...
00:43:03It would have been perfectly feasible for you and Mr Wilbraham to have spent all your time in bed without
00:43:09fear of interruption.
00:43:11Yes.
00:43:12Thank you. Now, in the matter of the debatable co-authorship rights to the book entitled Heart to Heart.
00:43:18Would it have been possible, at any time prior to the publisher's acceptance of the manuscript, for you to have
00:43:26promised Miss Sanderson co-writing credits?
00:43:29But I didn't. I've already made that question.
00:43:31Miss Fraser, would it have been possible for you to have done, in the absence of anything to that effect
00:43:36in writing?
00:43:37Yes. Anything's possible.
00:43:40Thank you. For both admissions.
00:43:43So it could have been equally possible for you to have decided to soup up this lesbian programme by rejecting
00:43:51two indifferent speakers and to hire and rehearse two actresses to represent the couple of lesbians.
00:43:58It didn't happen like that.
00:43:59Miss Fraser.
00:44:03Yes.
00:44:04It could have been possible.
00:44:08I would like now to move on to the night in London with Mr Van Der Rendel.
00:44:11Between seven that night and, shall we say, six the next morning, would it have been possible, or were dinner
00:44:18accepted, for you and Mr Van Der Rendel to have spent all that time together and in bed?
00:44:24Everyone seems to be sex mad.
00:44:26Just answer my question, Miss Fraser.
00:44:29Would you like me to repeat it?
00:44:32It would have been possible. It would have been equally possible.
00:44:35Thank you, Miss Fraser. It would have been perfectly possible.
00:44:38This is not justice. It's a travesty.
00:44:41Miss Fraser, however disturbed you may feel, you must realise that your counsel has had and will have every opportunity
00:44:46of presenting your case to the court.
00:44:48Now, please confine yourself to answering counsel's questions.
00:44:51I'm very sorry, my lord.
00:44:54Miss Fraser, shall we consider the matter of Miss Sanderson's dismissal from General Radio Communications?
00:44:59When she persisted with this dangerous relationship, didn't you begin to fear for the good name of your programme?
00:45:06No.
00:45:07Well, why not?
00:45:08I was far more concerned with Annette's happiness.
00:45:12Were you indeed?
00:45:14I put it to you that you were so fearful for the good name of your programme that you went
00:45:18to the management and you told them that it was impossible for you to carry on working with two members
00:45:22of your team who were flagrantly committing adultery.
00:45:25I did nothing of the sort.
00:45:27I did nothing of the sort.
00:45:27But you could have done.
00:45:28My lord, I'm getting very tired of this unwarranted sniping.
00:45:31You confine yourself to answering counsel's questions and it'll be over all the sooner.
00:45:36Thank you, my lord.
00:45:37Miss Fraser, you could very easily have gone to the man...
00:45:41Yes, yes, yes.
00:45:42I could have done, but I didn't.
00:45:44You could have done very easily.
00:45:47Now, Miss Sanderson has told the court that following her discovery of the bond...
00:45:51...is impossible for her to...
00:45:52...at her godmother's home on the 17th of July last.
00:45:56It's a pack of lies.
00:45:57It's absurd.
00:45:58Well, that's for the jury.
00:46:00Now, you've told us that you drove all the way to Thetford.
00:46:03You interviewed no one.
00:46:05You had lunch on your own.
00:46:07You drove all the way home again.
00:46:08Do you really expect us to believe that?
00:46:11Now, it's a matter of the £5,000 cash.
00:46:15You have seen my bank statements.
00:46:17Oh, yes, yes.
00:46:19Cash withdrawals for the year ended on your visit to Miss Sanderson.
00:46:22They amounted to £9,200.
00:46:25Well, easy enough to have set aside a mere £5,000 of that for any eventuality that might occur.
00:46:31Why are you twisting my life?
00:46:33It would have been very possible for you to have set aside £5,000 of those cash withdrawals, wouldn't it?
00:46:40Well, wouldn't it?
00:46:42I can give you an itemised breakdown of what that cash was spent on.
00:46:47Well, so you contend it would have been quite out of the question for you.
00:46:50With your annual income of around £18,000 a year and your husband's salary of £15,000 a year to
00:46:58have set aside a mere £5,000.
00:46:59Do you wish to see the records?
00:47:03Well, if you and your husband, with a joint income of £33,000 a year, could find no means of
00:47:10saving £5,000,
00:47:11then how could the defendant, with a mere income of £4,500, hope to amass that sum in cash?
00:47:19But she has.
00:47:21And she's prepared to hand it to you.
00:47:24Today.
00:47:37The case of Allardyce against Sanderson will be concluded tomorrow in the Crown Court.
00:48:11Allardyce against Sanderson will be concluded tomorrow in the Crown Court.
00:48:13Today, at Fulchester High Court, Annette Sanderson is accused of the malicious libel of her former boss,
00:48:18radio producer Jean Fraser Allardyce, following the publication of a short story.
00:48:23A story which was a thinly veiled account of her professional and private association with Mrs. Allardyce.
00:48:29The trial is in its third day, and Mr. Edric van der Rendel, an American television producer,
00:48:34is being examined by counsel for the plaintiff.
00:48:38Mr. van der Rendel, have you come to this court willingly?
00:48:41I wanted to come.
00:48:43I had to come here, to help secure the reputation of a good woman.
00:48:47A fine woman.
00:48:48You are all too familiar, I imagine, with the events that took place at Frobisher's Hotel
00:48:53on the evening of 17th of June last.
00:48:56Sir, I'm well aware of the poisonous accusations that have been levelled at Miss Fraser and myself,
00:49:00and I'm here to refute those accusations absolutely.
00:49:04I think it would be advisable for you to allow Mr. Wolfe to present those refutations, Mr. van der Rendel.
00:49:08What's that, sir?
00:49:09Oh, fine.
00:49:10Fine.
00:49:11Just so long as he does.
00:49:14Mr. van der Rendel, would it be true to say that prior to your meeting with Miss Fraser
00:49:18and Miss Sanderson in Miss Fraser's suite at Frobisher's, you were not entirely certain
00:49:23that the program Heart to Heart would be an unqualified success in America?
00:49:27At that particular moment in time I had certain reservations as to how the program would translate from radio to
00:49:33the television medium,
00:49:34so I asked to meet with Miss Fraser to continue a number of lines of thought.
00:49:38And that meeting took place in her suite?
00:49:40Yes, well, the lady has the first call.
00:49:42But Miss Sanderson was present during those discussions?
00:49:46Yes, sir, she was.
00:49:47You left the suite before Miss Sanderson did?
00:49:50That's correct.
00:49:51What was the final outcome of that meeting?
00:49:53Well, I told Miss Fraser that any reservations that I might have had were dispelled by our frank and wide
00:49:59-ranging discussion.
00:50:00And as far as I was concerned, the whole deal for a television show was in the bag.
00:50:03And you said this in the presence of Miss Sanderson?
00:50:06Right, yes. In fact, she opened another bottle of bourbon so we could drink to it.
00:50:10I see. And having left the suite to the two ladies, when was your next meeting with Miss Fraser?
00:50:15Well, I went to my room, showered and changed, and then I telephoned through to Miss Fraser suggesting that we
00:50:21have dinner together,
00:50:22since that was my last night in town.
00:50:24And where did you meet Miss Fraser?
00:50:26In one of the public restaurants, the grill room.
00:50:29And you had dinner there together?
00:50:30Yes, that's correct.
00:50:31When that dinner was over, what happened?
00:50:36What happened?
00:50:37Well, I went to my room and I slept.
00:50:40I had to get up at some god-awful hour the next morning.
00:50:42So that subsequent to that dinner, you did not see Miss Fraser again?
00:50:46No, sir.
00:50:48Now, apart from your determination to clear Miss Fraser's name, was there any other reason why you flew to England
00:50:55yesterday?
00:50:56There surely was.
00:50:57I brought with me a contract from Miss Fraser's services for an initial run of 13 television presentations of Heart
00:51:03to Heart in the United States of America.
00:51:06I have no further questions for long.
00:51:11Mr. van der Randel, would you describe yourself as a man of the world?
00:51:16Well, I hope so, sir. I've been around the world long enough.
00:51:21And as a man of the world, would you say that at any one time in hotels throughout the world
00:51:27there are men of power and wealth staying alone in their hotel rooms under the pressure of business?
00:51:35Sure. Sure there are.
00:51:37And these men, do they ever become lonely?
00:51:41Some may. Why?
00:51:43And when they're lonely, do they seek out the companionship of a female?
00:51:47I guess it's possible.
00:51:50Well, you were alone between marriages when the meetings with Miss Fraser took place.
00:51:54I was, but I'm not sure.
00:51:55You were alone and fancy free.
00:51:58Would you look at the plaintiff, please?
00:52:00Sir?
00:52:01Miss Fraser.
00:52:03Do you regard her as an attractive woman?
00:52:07Miss Fraser is a fine and wonderful human being.
00:52:11But would you, as a well-experienced and travelled man of the world, regard her as sexually desirable?
00:52:18Lord, this is the most unsavory line of question.
00:52:20You chose to call this witness, Mr. Woolf.
00:52:22I consider the question perfectly proper in the circumstances of the case.
00:52:26Mr. van der Rendell, you'll answer counsel's question.
00:52:28My question is quite simple.
00:52:30Do you find Miss Fraser sexually desirable?
00:52:33Miss Fraser is a very attractive woman.
00:52:36Not that I ever thought of her in that way.
00:52:38You didn't?
00:52:41Now you've agreed that you went to your room just after ten on the night in question.
00:52:45How much had you drunk prior to going to your room?
00:52:48What's that?
00:52:49You spoke earlier of another bottle of bourbon being open.
00:52:52Well, that must have been before 7.30.
00:52:54You've told us that you and Miss Fraser had dinner together.
00:52:58Presumably, as a man of the world, you ordered a good bottle of wine.
00:53:02Well, I believe I may have done, yes.
00:53:03And liqueurs with your coffee?
00:53:05Mr. van der Rendell?
00:53:07I don't recall if we had liqueurs or not.
00:53:10Oh.
00:53:11Well, may I set the scene?
00:53:13You've drunk a great deal of bourbon earlier in the evening.
00:53:17You've had introductory drinks to dinner.
00:53:19You've had a good bottle of wine with a meal.
00:53:22You've had a snifter or two of brandy afterwards.
00:53:26You're mellow and relaxed.
00:53:29You're sitting opposite a voluptuous and desirable woman.
00:53:32You both have no further claims on yourselves all night.
00:53:38I put it to you that, as an experienced man of the world, you'd have no difficulty at all in
00:53:43inviting that woman to your bed.
00:53:45Sir, I deeply resent...
00:53:47It would have been a perfectly normal thing for you to have done, to have gone to bed with Miss
00:53:52Fraser that night.
00:53:53Sir, please answer counsel's question.
00:53:56Possible.
00:53:57Yes.
00:53:58In fact, no.
00:53:59I have far too high regard for Miss Fraser's integrity.
00:54:04Do you always have such a high regard for a woman's integrity?
00:54:07I beg your pardon, sir.
00:54:10Well, how many times have you been married?
00:54:11Oh, my lord, this can have no bearing upon this present case whatsoever.
00:54:14Mr. Wolfe, you must have fully anticipated this line of cross-examination long before you ever decided to call the
00:54:19witness.
00:54:20Mr. O'Connor, carry on.
00:54:23How many times have you been married, Mr. van der Rendel?
00:54:27Well, I assume you're a numerate man.
00:54:30Four times.
00:54:32All those marriages, they ended in divorce.
00:54:35Would you care to tell the court the grounds for those divorces?
00:54:40Well, allow me to remind you, all four were obtained by your then wife.
00:54:45The first was on the ground of mental cruelty, the second, third, and fourth on the grounds of adultery.
00:54:52Mr. van der Rendel, as a man of the world, will you tell the court who in America, in the
00:54:57world of television,
00:54:59is universally acclaimed as the ram of Lexington Avenue?
00:55:06Silence is surely golden, Mr. van der Rendel.
00:55:09You do not dispute that it is you.
00:55:13Oh, one final question.
00:55:15You, oh, my learned friend elicited from you earlier, that you came over here to deliver to Miss Fraser, amongst
00:55:21other things,
00:55:22a contract for a run of thirteen programmes of her show in America on television.
00:55:27That's absolutely right.
00:55:28Yes, well, has that contract been signed by your sponsors yet?
00:55:33Or are they not awaiting, with great eagerness, to see if Miss Fraser is vindicated first?
00:55:43Mr. Wilbraham, you were Managing Director of General Radio Communications at the time when Miss Fraser offered you her idea
00:55:50for the series Heart to Heart.
00:55:51That's correct.
00:55:52You will recall the day your planning committee met to make decisions about the new season shows, shows that might
00:55:58include that programme Heart to Heart.
00:56:00I remember it very clearly.
00:56:02Now, when the meeting was over, what did you do?
00:56:04I went to see Miss Fraser at her home at around 9.30 that evening to let her know in
00:56:08detail how that meeting had gone.
00:56:10And where did you talk to her?
00:56:12Well, because of the presence of a number of young people unconnected with radio, we went to her study.
00:56:17When did you leave?
00:56:19I left around midnight.
00:56:20Was the programme already accepted when you met?
00:56:22Oh, yes. That's why we had a lot to talk about.
00:56:25Who was to be in the new team, exactly how it was to evolve and the nature of the ideas
00:56:28that were to be explored.
00:56:30We had a great deal to talk about that evening.
00:56:33And you drank as you talked?
00:56:34Well, not much. I had a headache.
00:56:36Jean had some sherry. That's all she ever had in her study, as far as I know.
00:56:40I had a glass for appearance, I see.
00:56:41Yes. So, with so much to discuss and the nagging headache, were you in a mood for a strenuous bout
00:56:50of love-making?
00:56:51You must be joking. Besides, my wife was expecting me back. I didn't want to be too late.
00:56:57Can you recall exactly the way you left, Miss Fraser?
00:57:00Well, as far as I remember, she saw me to the door, the front door of the house, that is.
00:57:05I gave her a quick peck on the cheek part of the course and nipped off her and yelled at
00:57:09her.
00:57:09So, en route to the hall door, you came downstairs and through Miss Fraser's ground floor living area?
00:57:15Yes.
00:57:16Was the defendant there?
00:57:18Annette? No, the house was in darkness until Jean switched on the light. Annette must have been sound asleep by
00:57:24then.
00:57:24So, you did not see her before you went home?
00:57:27No.
00:57:29No.
00:57:30So, by no stretch of the imagination, could you have recounted to the defendant your frenzied night of love with
00:57:37Miss Fraser?
00:57:39Well, that idea is just sick, isn't it?
00:57:41Did you, before or after that occasion, make love to Miss Fraser? In her home or elsewhere?
00:57:47With a wife and two kids waiting for me? No way.
00:57:50Thank you, Mr. Wilbraham.
00:57:53Mr. Wilbraham, you've told the court that on the night in question, when you were alone with Miss Fraser for
00:57:59two hours in her bedroom...
00:58:00Her study.
00:58:02Her private room.
00:58:04Whilst you were toying with a glass of sherry and passing the time of night, you had a headache.
00:58:10Yes, well, I had a headache that night.
00:58:12Well, this was nearly three years ago, but you remember having a headache.
00:58:16Can you remember what you were wearing?
00:58:18This is ridiculous.
00:58:20When was the next programme planning meeting?
00:58:24Oh, two months after that one.
00:58:26Did you have a headache after that meeting?
00:58:28I don't know.
00:58:30Two months later, two months nearer the present time, and you don't remember whether you had a headache or not?
00:58:37Yet you've made a great play of the headache you had on the night in question.
00:58:40Well, it was a very special night.
00:58:42The night you made love to Jean Fraser.
00:58:44Oh, you're drivelling.
00:58:44Mr. Wilbraham, I will not have anyone in this court abused.
00:58:46I am sorry, my lord, I meant its drivel, that suggestion.
00:58:50Then choose your words more carefully, Lord.
00:58:53Now, you've told the court that on the night in question, you gave Miss Fraser a quick peck on the
00:58:58cheek, par for the course, and then nipped off home as the wife was expecting you.
00:59:02Yes?
00:59:03You later told the court that you'd never made love to Miss Fraser at any other time since you had
00:59:08the wife and kids waiting for you.
00:59:10Well, what's the matter with that?
00:59:12Oh, they're admirable sentiments, Mr. Wilbraham.
00:59:15I'm only baffled in my mind is how a man of such tender devotion to hearth and home should have
00:59:23separated from that wife and those children within a year of the night in question, on the grounds of your
00:59:30desertion and adultery.
00:59:32That is correct, is it not?
00:59:34Yes, but it had nothing to do...
00:59:36Mr. Wilbraham, cast your mind back, if you will, to the year immediately prior to that meeting with Miss Fraser.
00:59:42For a man with your remarkable memory, it shouldn't be too difficult to remember how many secretaries left your office,
00:59:47left your employment during that period.
00:59:49Uh, two, two, I think.
00:59:53That remarkable memory is playing you false, isn't it?
00:59:56The number was four.
00:59:58Would you like them to give you their names?
01:00:00What is all this about, anyway?
01:00:01Yes, well, that's what I'm trying to determine.
01:00:03Why four well-qualified girls should leave your office during that time.
01:00:09Marriage, better jobs, how should I...
01:00:11Yes, wasn't it rather that you couldn't keep your hands off them?
01:00:14Oh, this is monstrous.
01:00:15But not an answer.
01:00:16A married man with two children.
01:00:18Oh, the wife and kids.
01:00:22I've no further questions or not.
01:00:24Uh, Mr. Wilbraham, let us satisfy the court on one major detail, this desertion, this adultery.
01:00:29Were they in any way connected with Miss Fraser?
01:00:32Was she cited as correspondent?
01:00:35She was most certainly not.
01:00:38Thank you, Mr. Wilbraham.
01:00:40Unless your lordship has any questions, that concludes the case for the plaintiff.
01:00:45You may leave the witness box, my lord.
01:00:46Mr. O'Connor, you told us earlier that you wished to call a witness for the defendant, that the witness
01:00:51was delayed,
01:00:51and I ruled that under the circumstances she might be called at the end of the trial.
01:00:54Were she able to be here by then?
01:00:56Is your witness now in court?
01:00:57She is, my lord.
01:00:58Then let her be called.
01:00:59I call Aileen Spranger Derbyshire.
01:01:11Miss Derbyshire, would you like to sit down?
01:01:14Thank you, my lord.
01:01:15But I prefer to stand, if I may.
01:01:18I've had a great deal too much sitting down recently.
01:01:21Mr. O'Connor?
01:01:22My lord, may I make one observation before this gentleman puts his questions to me?
01:01:29Please.
01:01:31When I was approached at my home in Scotland by a solicitor representing the interests of Miss Sanderson,
01:01:38and when I heard the nature of the case in which she was involved, and with whom she was involved,
01:01:45I told the solicitor that I could not and would not associate myself with such a proceeding.
01:01:52I think I made my views very clear indeed.
01:01:57Nevertheless, some days later, the same young man called at my home again and served upon me a subpoena,
01:02:06requiring me at law to come to this courtroom and give evidence.
01:02:11And if that is the law, then I regret, my lord, that I find that aspect of it morally most
01:02:21reprehensible.
01:02:23Now that is all that I wish to say on the subject.
01:02:27Miss Derbyshire, I'm sure that everyone here today can understand and sympathise with your reluctance.
01:02:32But if justice is to be even-handed, it's necessary for witnesses to be called,
01:02:36though it be against their strongest inclinations.
01:02:38Thank you, my lord.
01:02:39Mr. O'Connor?
01:02:41You are Aileen Spranger-Derbyshire, and you live at the Old Manse Colemaninch in Rosson-Cromerty?
01:02:48Yes.
01:02:50Between 1939 and 1952, what was your occupation?
01:02:54I was an assistant head mistress at the Darcy School for Girls in Rutland.
01:03:00And from 1952 until 1969?
01:03:03I was head mistress of that school.
01:03:06Now, the plaintiff, Jean Fraser, was a pupil at your school
01:03:10between the ages of 11 and 17, I believe.
01:03:12She was.
01:03:13Do you remember her well?
01:03:15Very well.
01:03:16Do you recognise her in court?
01:03:19I'm sorry, my dear.
01:03:22Miss Derbyshire, why did your pupil, Jean Fraser,
01:03:26leave school before taking her higher school certificate?
01:03:29She was dismissed at the beginning of the summer term,
01:03:32her final term.
01:03:34On what grounds?
01:03:36For unbecoming conduct with another pupil.
01:03:41Jean Fraser was how old at this time?
01:03:44Almost 18.
01:03:46And how old was the other pupil?
01:03:4813.
01:03:5018 and 13.
01:03:52Now, Miss Derbyshire, I realise how reluctant you are to give evidence,
01:03:56but you must be aware of the gravity of this case.
01:04:00Who was responsible for calling for Jean Fraser's dismissal from your school?
01:04:06I was.
01:04:08Now, did you personally witness the plaintiff in an act of unbecoming conduct with a much
01:04:13younger girl, and she was dismissed as a result?
01:04:16Yes.
01:04:17That is so.
01:04:18Thank you, Miss Derbyshire.
01:04:23Ah, Miss Derbyshire, you have an excellent memory.
01:04:26Yes.
01:04:26Do you recall the name of the younger pupil in that distressing situation?
01:04:31Very well.
01:04:32Very well, but I've no intention of revealing it.
01:04:35That little girl was the victim, not the aggressor, and I will not have her name bandied
01:04:41about in this place.
01:04:42Yes.
01:04:42I see.
01:04:43Very well.
01:04:44That little girl, what became of her after Jean Fraser's dismissal?
01:04:49She stayed on at the school.
01:04:51As I said, she was the victim.
01:04:53One does not punish victims.
01:04:56And how long did she stay on?
01:04:57From my school, she took an open exhibition to Lady Margaret Hall.
01:05:02Oh, a girl to be proud of.
01:05:03Certainly.
01:05:04And do you keep up with many of your former pupils?
01:05:06We keep up with one another.
01:05:07And that particular little girl, by now a mature woman, have you kept up with her?
01:05:13I had a letter from her about six months ago.
01:05:16Oh, doing well, is she?
01:05:18Very well.
01:05:19She's lectured in Renaissance literature at an excellent provincial university.
01:05:26Uh, married?
01:05:29Yes.
01:05:30Happily?
01:05:31Her letters give every impression of happiness.
01:05:34Children?
01:05:35Two.
01:05:35Two.
01:05:35In every way, then, a satisfactory citizen, teacher, and mother?
01:05:41Most certainly.
01:05:42Yes.
01:05:42Despite the fact that she had engaged in what you've alleged to be unbecoming conducts with
01:05:48the plaintiff.
01:05:49Her career, her private life, were in no way harmed by that encounter.
01:05:54It must have been quite trivial, must it not?
01:05:56There was nothing trivial about that relationship.
01:06:00Had it gone undetected, I cannot begin to estimate what lasting harm it might have done to both
01:06:08girls.
01:06:08Yes, but the words morality and immorality have very different meanings to different generations,
01:06:14Miss Darbyshire.
01:06:15Since the time when Jean Fraser was dismissed from your school, the law itself has been altered
01:06:21radically in relation to many aspects of homosexuality.
01:06:25Jean was attempting to corrupt and influence a much younger girl.
01:06:30A girl who had not the power to protect herself or to differentiate between affection and desire.
01:06:39Jean, 18 years of age, possessed that discernment.
01:06:44I shall say no more than that.
01:06:47Now, in your 17 years as headmistress, how many times have you felt obliged to expel girls
01:06:53from your school for what you have termed unbecoming conduct?
01:06:58Twice only.
01:07:00Jean was the second and the very last.
01:07:03Does that mean you took a more lenient view thereafter?
01:07:05It means that thereafter, no such conduct took place within my school.
01:07:10That you are aware of?
01:07:11That I, or my staff, or the prefects were aware of.
01:07:16Mr. Darbyshire, when you have two warm-hearted people thrown together, perhaps lonely, perhaps
01:07:24distressed, is it not difficult to differentiate between affection and desire, especially in the
01:07:32case of young girls who are by nature affectionate and demonstrative with one another?
01:07:39There is always the distinction between affection and desire.
01:07:44So you would hold to the one and despise the other?
01:07:48You would applaud affection and punish desire?
01:07:53I may be 80 years of age, young man, but I know a casuist when I hear one.
01:07:59And all your questions have been top-heavy with casuisty.
01:08:04Uh, yes.
01:08:06Well, I put it to you, Miss Darbyshire, that your concern for the moral welfare of your school
01:08:12and the strict code of conduct you enforced there, that you severely punished a girl for
01:08:20what could have been no more than a thoughtless and slight display of tenderness.
01:08:26You're still trifling with words, Miss...
01:08:30Oh, forgive me.
01:08:31I didn't catch your name.
01:08:34Wolf.
01:08:36In order to settle this matter once and for all, may I put to you certain questions?
01:08:43Uh...
01:08:43Um...
01:08:44Miss Darbyshire, as much as I admire your concern to settle the matter, this examination's been
01:08:48going on for quite some time, and you yourself were in great pains to tell me that you wanted
01:08:52it to be brief.
01:08:53Thank you, my lord.
01:08:55Then I shall try to give an answer.
01:08:58If you are married, and you have a male friend who is fond of your wife, that is one thing.
01:09:05But if that friend's fondness develops into desire, and that desire is gratified, will he
01:09:14still be your friend?
01:09:17Well, Mr. Wolf?
01:09:20Oh, thank you, Miss Darbyshire.
01:09:22Um...
01:09:22I have to...
01:09:24Sir...
01:09:25I have no further questions before.
01:09:27Do you wish to re-examine, Mr. O'Connor?
01:09:30Thank you, my lord.
01:09:31Uh, Miss Darbyshire, I have no wish that had stressed you further, but the court must be
01:09:35left in no doubt after the casuistry of the past few minutes.
01:09:39Did you see Jean Fraser in an act of lesbian seduction with a much younger girl?
01:09:46I did.
01:09:48I did.
01:09:49And that is my last word on the matter.
01:09:54Miss Darbyshire.
01:10:16And I wish to go.
01:10:19The court might be fine.
01:10:20So, if the court meets his premade, it is with the defendant, that the burden of proof lies.
01:10:24The plaintiff is not bound to prove her innocence of the accusations laid.
01:10:28The defendant has proved, to your satisfaction, that it is more probable than not that the allegations
01:10:33are substantially true.
01:10:35now if you find for the plaintiff you must remember what I've previously said
01:10:39on the question of damages will you now retire elect a foreman and consider your
01:10:44verdict members of the jury will your foreman please stand I just answer this
01:10:52question yes or no have you reached a verdict on which you are all agreed yes
01:10:56do you find for the plaintiff Jean Fraser Allardyce or for the defendant Annette
01:11:02Sanderson for the defendant
01:11:44you
01:11:45you
01:11:48you
01:11:48you
01:11:48you
01:11:49you
01:11:49you
01:11:49you
01:11:50you
01:11:50you
01:11:50you
01:11:50you
01:11:50you
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