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1983 COURTROOM DRAMA "Pensioner Avril Stone was followed by Kevin Owen, a teenager carrying a lead pipe, who caught up with her took her handbag. The Prosecution say this is a case of Owen seeking money so he could get away from home. However the Defence paint a different story of Kevin being a lonely youngster deprived of life outside the home by his over-protective mother and obsessed with TV crime programmes." IMDB Starring Tenniel Evans, Mark Eden, Annette Crosbie, Rosalie Crutchley, Hilary Mason, Mark Hadfield, Campbell Morrison, Gary Raynsford


Episodes aired Mar 15-17, 1983

Category

📺
TV
Transcript
00:00:03Call Hugo Maitland.
00:00:18The case you're about to see is fictional.
00:00:20The procedure, however, is authentic.
00:00:22The characters are played by actors,
00:00:24but the jury is selected from members of the public.
00:00:26His Honour, George Morrison,
00:00:28presides in the case of the Queen against Owen,
00:00:30in which Kevin Owen has pleaded not guilty
00:00:33to the charges of robbery and assault,
00:00:35occasioning actual bodily harm,
00:00:37and of being in possession of an offensive weapon.
00:00:40You are Hugo Michael Maitland,
00:00:43and you live at 27A High Acre Flats,
00:00:46High Acre Estate, Fulchester.
00:00:48Right.
00:00:49Mr Maitland, would you please tell the court
00:00:50what occurred on the evening of Saturday, November the 27th?
00:00:54I was out in my car, doing a mobile.
00:00:57Which is what, exactly?
00:00:59It's a CB term, citizen-ban radio.
00:01:01It means using the radio in your car,
00:01:04as against your Home 20.
00:01:05Home 20?
00:01:07Your base, sir.
00:01:08Where you live, it's called your 20.
00:01:10It's a derivation of the American Ten Code.
00:01:13Ten-one, poor signal.
00:01:14Ten-two, strong signal.
00:01:16Ten-three, cease transmission.
00:01:17Ten-four is a...
00:01:18Sir, thank you, Mr Maitland.
00:01:20If you could bear in mind
00:01:21that it's unlikely that the jury
00:01:23will be familiar with the American Ten Code,
00:01:26or any other code come to that,
00:01:28it would be helpful.
00:01:31About what time of night was this?
00:01:33Just after midnight.
00:01:35I know it was midnight,
00:01:35because I just had someone in the call channel
00:01:37asking for a 10.36.
00:01:40The time.
00:01:41Go on.
00:01:43Well, I was parked at these traffic lights.
00:01:45And where was this?
00:01:47Where Brooker Street joins the main drag of the high road.
00:01:50I saw this old girl run out into the road
00:01:52just ahead of me.
00:01:54Uh, yes, ma'am.
00:01:58Aye.
00:02:00Carry on.
00:02:02Well, she...
00:02:03She seemed panicked.
00:02:04Frightened, you know.
00:02:06She stopped as if to take a breath.
00:02:08She kept casting about,
00:02:09looking over her shoulder.
00:02:11All of a sudden, she was off again.
00:02:13Then I saw this lad.
00:02:14He darted out into the road
00:02:16just behind her and followed her.
00:02:18He kept shouting at her.
00:02:19I couldn't hear exactly what.
00:02:21But he had this stick thing.
00:02:22Like a club in his hand.
00:02:24All the time, she was running away from him.
00:02:27Then he was on to her.
00:02:29On to her?
00:02:30Well, grabbing at her.
00:02:30You know, her handbag.
00:02:32He grabbed her handbag.
00:02:33And then he pushed her.
00:02:34You know, like this.
00:02:36Look, she fell to the ground.
00:02:38Then he was off.
00:02:39And where was the handbag at this point?
00:02:41Well, he had it, didn't he?
00:02:43Clutched his chest like a trophy.
00:02:44And you saw all this quite clearly?
00:02:46I saw everything.
00:02:48Everything.
00:02:48You see, they were standing in front of a shop window.
00:02:51The big furniture shop on the high road.
00:02:53It was all that up.
00:02:53And what did you do then?
00:02:56Well, I drove to where the old girl was.
00:02:58She was just lying there on the pavement
00:03:00where he had left her.
00:03:01Lying there moaning.
00:03:03So I put out a 10.33.
00:03:05In plain language, Mr. Maitland.
00:03:07Oh, it's a 999 on the emergency channel.
00:03:10Police.
00:03:11Ambulance and that.
00:03:12Thank you, Mr. Maitland.
00:03:17Mr. Maitland.
00:03:18It was raining on the night in question, was it not?
00:03:21Dribbling, aye.
00:03:22Sufficiently for you to have your windscreen wipers on?
00:03:25Probably.
00:03:26Well, was it or wasn't it?
00:03:30Aye.
00:03:31And when the old lady darted out into the street
00:03:34some distance ahead of you,
00:03:35how, in fact, did you see her?
00:03:37How?
00:03:38Through which window of your car?
00:03:40But the windscreen.
00:03:41And yet, you feel quite confident in your opinion
00:03:43of what you saw,
00:03:44that she appeared frightened?
00:03:47In spite of the distance,
00:03:49the fact that it was dark,
00:03:50and that presumably your vision was impeded
00:03:52by both the rain and your windscreen.
00:03:53I know what I saw.
00:03:57Now, you say,
00:03:58the lad followed her
00:04:00and grabbed at her handbag.
00:04:02I did, yes.
00:04:02Now, what about this stick
00:04:04or club that he was carrying?
00:04:05What about it?
00:04:06Well, did he use it?
00:04:07No, he used his other hand,
00:04:09the free hand.
00:04:10And how close were they by then?
00:04:1320 yards.
00:04:15Are you asking me, Mr. Maitland?
00:04:1920 yards.
00:04:20And were you still observing them
00:04:21through your windscreen?
00:04:23I was, yes.
00:04:23And was it still raining?
00:04:25Yes.
00:04:26Your car, Mr. Maitland,
00:04:28does it have an adequate demisting system?
00:04:31Sorry?
00:04:32Well, my car, for instance,
00:04:34if I've spent some time in it,
00:04:35particularly if it's been raining,
00:04:37I have to use a chamois leather
00:04:39to wipe the windscreen.
00:04:40Well, I don't have that problem.
00:04:42Tell me,
00:04:44it's usual, is it not,
00:04:45for CB operators
00:04:47to give themselves a name,
00:04:48a handle,
00:04:49I believe it's called,
00:04:51for use on the air?
00:04:53Yes.
00:04:54Your Honour,
00:04:55the witness has stated
00:04:56quite clearly what he saw.
00:04:57I fail to see how his interest
00:04:58in citizen band radio
00:05:00or anything else
00:05:00is in any way relevant.
00:05:02The witness has indeed stated
00:05:04what he thought he saw,
00:05:05Your Honour.
00:05:06I'm simply trying to establish
00:05:07the possible difference
00:05:09between that
00:05:09and what actually happened
00:05:11that night.
00:05:11And to do this,
00:05:12I have to provide the court
00:05:14with a little background information
00:05:15on this witness.
00:05:18Yes, I'll allow the questions.
00:05:19Carry on, Mr. Corrin.
00:05:20Thank you, Your Honour.
00:05:22Now, Mr. Maitland,
00:05:23the business of these handles.
00:05:25Am I right in thinking
00:05:25that the choice of such nicknames
00:05:28is usually associated
00:05:29with someone's job,
00:05:31occupation, or the like?
00:05:34Sometimes.
00:05:36What is the name
00:05:37you use on CB radio?
00:05:40Vigilante.
00:05:41I beg your pardon?
00:05:43Vigilante.
00:05:44Vigilante.
00:05:46Is it not a fact,
00:05:47Mr. Maitland,
00:05:49that you once belonged
00:05:50to a vigilante organisation
00:05:51on the estate
00:05:53where you live?
00:05:53There was a lot of hooligans
00:05:54in the estate.
00:05:55Vandals, muggers.
00:05:57And since the police
00:05:57were doing sod all about it...
00:05:59Mr. Maitland.
00:06:02Well, we just decided
00:06:03to look after ourselves,
00:06:04that's all.
00:06:05And were the police
00:06:05in accord with these views?
00:06:07Not as such.
00:06:08No.
00:06:09Mr. Maitland,
00:06:10I suggest that, in fact,
00:06:11the activities of your committee
00:06:12came into direct confrontation
00:06:14with the police
00:06:16due to complaints
00:06:17of harassment by tenants,
00:06:18in some cases,
00:06:19violent harassment.
00:06:20Well, we're just giving them
00:06:21a dose of their own medicine,
00:06:22and that's all.
00:06:26All right.
00:06:27You say that after the lad ran off,
00:06:28you immediately drove over
00:06:30to the old woman
00:06:30who was lying on the pavement.
00:06:32I did, yes.
00:06:32Where you promptly put out
00:06:33a call for the police
00:06:35and an ambulance
00:06:36on your CB radio.
00:06:38Right.
00:06:38Then you put out another call,
00:06:40did you not?
00:06:43Must answer the question,
00:06:45Mr. Maitland.
00:06:47Yes.
00:06:48Saying what?
00:06:50I asked for assistance.
00:06:51In what connection?
00:06:53Well, to get him,
00:06:54the lad.
00:06:56I put out his description
00:06:57and asked all mobiles
00:06:58in the area
00:06:59to help me find him.
00:07:00You didn't feel
00:07:01you could safely leave that
00:07:02in the hands of the police?
00:07:03I was in hand, wasn't I?
00:07:05All right.
00:07:05What did you do there?
00:07:07Well, I went after him.
00:07:09What, leaving the old lady,
00:07:11as you say,
00:07:12moaning in the street?
00:07:13Help was on the way.
00:07:15Nevertheless,
00:07:15you felt your priority
00:07:17was to go after the youth
00:07:18and not stay with her.
00:07:20Well, that's the way
00:07:21I saw it, aye.
00:07:22I suggest the way
00:07:23you saw the whole incident,
00:07:24Mr. Maitland,
00:07:25was impeded
00:07:26not simply by the rain
00:07:27and by the distance,
00:07:29but by your involvement
00:07:30with your vigilante activities
00:07:32and your somewhat doubtful ideas
00:07:34on individual militant action
00:07:36in the prevention of crime.
00:07:38Now, would you call that
00:07:39a fair comment?
00:07:42You want to come down
00:07:43our way sometime?
00:07:45Sir,
00:07:46how would you like
00:07:47to live with broken windows
00:07:48and pissing the stairs
00:07:50and your women
00:07:51too frightened to go to tonight
00:07:52and your own children
00:07:53turning to savages?
00:07:54Have you called that fair?
00:07:56How long would you
00:07:56want to sit in your back
00:07:57and say,
00:07:58Mr. Maitland,
00:07:58this court does not
00:07:59wish to hear your opinion.
00:08:01Thank you,
00:08:02Mr. Maitland.
00:08:14No hurry,
00:08:16Constable.
00:08:19At 1209,
00:08:20we received a report...
00:08:25At 1209,
00:08:27we received a report
00:08:27of an assault and robbery
00:08:28on the corner of Brooker Street
00:08:30and the High Road.
00:08:31We had a description
00:08:33of the assailant
00:08:33and the supervising officer
00:08:34asked me to check out
00:08:35all adjoining streets.
00:08:37Accordingly,
00:08:38I then drove down
00:08:39Halford Road
00:08:40into Branston Gardens.
00:08:42I turned right
00:08:42into Westbury Park...
00:08:43It is the events
00:08:44immediately prior
00:08:45to the arrest
00:08:46that you are interested in,
00:08:48Constable.
00:08:48Yes, Your Honour.
00:08:50Sorry, Your Honour.
00:08:51All right.
00:08:55In Abraham Road,
00:08:56I saw the youth
00:08:57Kevin Owen
00:08:58sitting in a bus shelter.
00:08:59His description
00:09:00matched that
00:09:01of the assailant.
00:09:02I radioed this
00:09:03to the station,
00:09:03parked the car
00:09:04and approached him.
00:09:06As I approached him,
00:09:07he stood up.
00:09:08I asked him his name,
00:09:10but he backed away from me,
00:09:12towards the back
00:09:13of the bus shelter,
00:09:13that is.
00:09:15I then asked him
00:09:16to tell me his name again
00:09:17and he attempted
00:09:17to push by me.
00:09:19I grappled with him
00:09:20in order to stop him
00:09:21and a struggle took place.
00:09:24Eventually,
00:09:24I restrained him,
00:09:26placed him under arrest
00:09:26and cautioned him,
00:09:28after which he accompanied me
00:09:29to the police station
00:09:30without further incident.
00:09:31So,
00:09:31when you first approached him
00:09:32in order to speak to him,
00:09:34his first reaction
00:09:35was to run off.
00:09:36Yes, ma'am.
00:09:37As a result of this struggle,
00:09:39what injuries
00:09:40did you sustain?
00:09:41Bruising,
00:09:41for the most part,
00:09:42on my arms.
00:09:43He also tore my uniform,
00:09:45tore the sleeve.
00:09:46Did he have a weapon?
00:09:47He did.
00:09:48He had a length
00:09:49of lead piping.
00:09:50It was on the bench
00:09:51beside him.
00:09:52Did he have any comment
00:09:53to make about this?
00:09:54He did.
00:09:55He said it was
00:09:56to protect himself,
00:09:57that he felt safer with it.
00:09:59Did he say anything else?
00:10:02Yes, ma'am.
00:10:03When I calmed him,
00:10:04I said we were making inquiries
00:10:06into an assault and robbery
00:10:07and he said,
00:10:08I know,
00:10:09I guess that's what it was about.
00:10:12Those were his words?
00:10:13Yes, ma'am.
00:10:14Did he say anything else?
00:10:17He did.
00:10:17He said,
00:10:18will it be on the local news?
00:10:21Local news?
00:10:22Yes, Your Honor,
00:10:23the television news.
00:10:24He said it several times, sir,
00:10:25in the car and at the station.
00:10:27He asked if I ever watched it.
00:10:29He made several references
00:10:30to television programmes.
00:10:31In what context?
00:10:32Well, there was no context.
00:10:33He just kept coming out with them.
00:10:35He said,
00:10:35it isn't like this
00:10:36on Juliet Bravo,
00:10:38things like that.
00:10:38But when you first brought up
00:10:40the subject of the robbery itself,
00:10:42his words were,
00:10:43I know,
00:10:45I guess that's what it was about.
00:10:47Yes, ma'am.
00:10:50Thank you, constable.
00:10:56Prior to your arrest of Kevin Owen,
00:10:59how many other arrests
00:11:00had you made, constable?
00:11:03None.
00:11:04Oh, so this was your first.
00:11:05You could say,
00:11:07your debut.
00:11:09If you like.
00:11:10And yet,
00:11:10when you saw the accused
00:11:11from your car
00:11:13and had his description
00:11:14confirmed over your car radio,
00:11:15you didn't feel the need
00:11:16to ask for assistance?
00:11:18No, I didn't.
00:11:19Well, it wasn't my intention
00:11:21to arrest him on the spot,
00:11:22but just to ask him
00:11:23a few preliminary questions.
00:11:25You didn't think
00:11:25the manner in which
00:11:26you approached him
00:11:27might have alarmed him
00:11:28in any way?
00:11:29Only if he'd done something
00:11:30to be alarmed about.
00:11:31Oh, come now.
00:11:32A policeman striding
00:11:34purposefully
00:11:34towards someone
00:11:35sitting alone
00:11:35in a bus shelter
00:11:36on a dark night?
00:11:37It's enough to alarm
00:11:38anybody, surely.
00:11:40Particularly if they'd
00:11:41had no interaction
00:11:42with the police before.
00:11:43I approached him
00:11:44to ask him
00:11:45a few questions,
00:11:46that's all.
00:11:46Well, would you concede
00:11:47then that a more
00:11:48experienced police officer
00:11:50might have handled
00:11:50it differently?
00:11:52Might have made
00:11:53his approach
00:11:53a little,
00:11:55shall we say,
00:11:56less intimidating
00:11:57and therefore
00:11:58less threatening?
00:12:00I didn't threaten him.
00:12:02My client will maintain
00:12:03that you did, constable,
00:12:05that the manner
00:12:06in which you approached
00:12:07him frightened him
00:12:08and that when he stood
00:12:09up, you manhandled him
00:12:10to the back of the
00:12:11bus shelter
00:12:11where you told him
00:12:13what happens to
00:12:14bleeding muggers
00:12:15like you.
00:12:16I didn't say anything
00:12:16of the kind
00:12:17and I didn't touch him.
00:12:18Yet a struggle
00:12:18did take place.
00:12:19Because he tried
00:12:20to make off.
00:12:21Yes, I don't dispute
00:12:22that, constable.
00:12:22You see, what I'm
00:12:23trying to establish
00:12:24is why.
00:12:26Well, he knew
00:12:27why I was there,
00:12:28what I wanted,
00:12:29didn't he?
00:12:29Just answer
00:12:30the questions,
00:12:31constable.
00:12:32Don't ask them.
00:12:33Didn't it strike you
00:12:35as odd that he
00:12:36should be there?
00:12:38Hmm?
00:12:38That someone
00:12:39who was allegedly
00:12:40assaulted and robbed
00:12:41an old lady
00:12:42should then
00:12:42sit quietly
00:12:43in a bus shelter
00:12:44in an adjacent
00:12:45street and await
00:12:46arrest?
00:12:48I assumed he was
00:12:49waiting for a bus.
00:12:51Well, to make
00:12:51his getaway,
00:12:52you mean?
00:12:55Presumably,
00:12:55it also didn't strike
00:12:56you as odd
00:12:56that he was wearing
00:12:57only a sweater
00:12:58and jeans.
00:13:00Hardly suitable
00:13:01clothing for somebody
00:13:01with robbery on his
00:13:02mind on a rainy
00:13:03night.
00:13:04I didn't attach
00:13:04any importance to
00:13:05them.
00:13:06But you did
00:13:06attach importance
00:13:07to this weapon.
00:13:09This length
00:13:10of lead piping.
00:13:11Yes.
00:13:12Tell me,
00:13:12did he at any
00:13:13point try to
00:13:14use it during
00:13:16the struggle of
00:13:16yours?
00:13:16It was on the
00:13:17bench beside him.
00:13:18I imagine he'd
00:13:19forgotten about it.
00:13:20And that didn't
00:13:21strike you as odd
00:13:21either, that he
00:13:22should have a
00:13:23weapon and make
00:13:23no attempt to
00:13:24use it?
00:13:25Not particularly.
00:13:29Now, this
00:13:30handbag.
00:13:31I understand you
00:13:32later found it
00:13:33under a hedge in
00:13:34the same street as
00:13:35the bus shelter.
00:13:36Yes.
00:13:37And the contents?
00:13:40Intact.
00:13:42Nothing had been
00:13:43removed?
00:13:44No.
00:13:46Not the purse,
00:13:47pension book,
00:13:48checkbook?
00:13:48No.
00:13:50Well, may I ask
00:13:50what conclusion you
00:13:52drew from this fact?
00:13:54That he panicked
00:13:55and threw it away.
00:13:57According to your
00:13:57statement, he was
00:13:59sitting calmly in a
00:14:00bus shelter.
00:14:01Now, does that sound
00:14:02like somebody in a
00:14:03state of panic?
00:14:05You see, I suggest
00:14:06to you, constable, the
00:14:07only thing he was in a
00:14:08panic about was the
00:14:09old lady.
00:14:10Now, he made a
00:14:11remark about her later
00:14:12on at the station,
00:14:13did he not?
00:14:14Yes.
00:14:15I wonder if you'd
00:14:16be kind enough to
00:14:17tell us what it
00:14:17was.
00:14:21He asked me how
00:14:22she was and then
00:14:23said, I never meant
00:14:24to hurt her.
00:14:26Tell mother I never
00:14:26meant to hurt her.
00:14:28Thank you, constable.
00:14:39TV Lawyers
00:14:51You are Mrs. Jean
00:14:52Avril Stone, a widow
00:14:54and a retired
00:14:54schoolteacher, and
00:14:55you live at number
00:14:5620, Bounty Road,
00:14:58Fulchester.
00:14:59Yes.
00:15:00Mrs. Stone, would
00:15:01you please tell the
00:15:02court what happened
00:15:03to you on the night
00:15:04of November the
00:15:0427th?
00:15:06I went out to
00:15:07visit a cousin.
00:15:08She's ill, confined
00:15:09to bed.
00:15:10Arthritis.
00:15:11I was walking
00:15:12home, I only live
00:15:13a short distance
00:15:14away, when I saw
00:15:15this youth following
00:15:16me.
00:15:17How did you know
00:15:18he was following
00:15:18you?
00:15:19Well, I didn't, not
00:15:20at first, I just
00:15:21hurt him, hurt his
00:15:23feet, and at first
00:15:24I thought I was
00:15:25imagining it.
00:15:27Then I crossed
00:15:28over the road, and
00:15:29so did he.
00:15:31I started to walk
00:15:32more quickly, and
00:15:33so did he.
00:15:35Then I decided I'd
00:15:36be better walking in
00:15:37the middle of the
00:15:38road.
00:15:38It was lighter there
00:15:39because of the
00:15:40street lamps, and
00:15:41I thought if a car
00:15:42came, I could get
00:15:43help.
00:15:43And what road was
00:15:44this?
00:15:45Brooker Street.
00:15:46And then what
00:15:47happened?
00:15:48He crossed over into
00:15:49the middle of the
00:15:49road behind me, right
00:15:51behind me.
00:15:52And he was still
00:15:52following you?
00:15:53Oh, yes.
00:15:54Yes, I could hear the
00:15:55slap of his feet on
00:15:57the ground, and his
00:15:58breathing.
00:15:59And I thought, if I
00:16:01could just get to the
00:16:01high road, I'd be
00:16:03all right.
00:16:03There'd be traffic
00:16:04there, and people.
00:16:06And then suddenly he
00:16:07started shouting, calling
00:16:09out to me.
00:16:09Saying what?
00:16:11Well, I couldn't hear
00:16:12everything he said.
00:16:13I was panting.
00:16:14I had this pounding in
00:16:16my ears, the way you do
00:16:17when you run and you're
00:16:17not used to it.
00:16:19He might have said
00:16:20something else.
00:16:21I was just looking at
00:16:23the lights in the high
00:16:24road and thinking that
00:16:25once I got there, I'd be
00:16:27all right.
00:16:27There'd be people there,
00:16:28and I'd be all right.
00:16:29And when you reached the
00:16:30high road, it was
00:16:32deserted.
00:16:33So I started to run
00:16:34again, and then he was
00:16:36there, right there,
00:16:38behind me, tugging at my
00:16:39sleeve, and I remember I
00:16:42said to him, here, take
00:16:44it, have it, if that's
00:16:45what you want, only don't
00:16:47hurt me.
00:16:48You meant the handbag?
00:16:49Yes.
00:16:50And what did he say?
00:16:51Well, he had hold of my
00:16:53arm with his fingers,
00:16:55gripping it, and my
00:16:56handbag was in my other
00:16:57hand, and he snatched it,
00:16:59and then he gave this
00:17:01little cry, and he
00:17:02pushed me over.
00:17:04And as a result of this
00:17:05push, you fell to the
00:17:06ground?
00:17:07Yes.
00:17:08And what injuries did
00:17:09you sustain?
00:17:10I hit my head, and I
00:17:12broke two ribs when they
00:17:13caught the edge of the
00:17:14pavement.
00:17:15It's disturbed my
00:17:17balance, the doctors
00:17:18say.
00:17:18This knock to my head
00:17:19has something to do
00:17:20with the inner ear.
00:17:21I have to take pills.
00:17:23I understand that
00:17:24there's no dispute over
00:17:25the injuries sustained
00:17:26by Mrs. Stone, Your
00:17:27Honour.
00:17:28Well, were you still
00:17:31conscious when you were
00:17:32on the ground, Mrs. Stone?
00:17:33Oh, yes, quite conscious.
00:17:34And can you remember
00:17:35what happened?
00:17:36Yes.
00:17:38I could see his shoes
00:17:40just inches from my
00:17:41face, and I remember
00:17:43thinking they weren't
00:17:44shoes.
00:17:45They were slippers,
00:17:46carpet slippers.
00:17:47How odd it was to wear
00:17:49carpet slippers on a night
00:17:50like that.
00:17:51And then he ran off.
00:17:53Thank you, Mrs. Stone.
00:17:58Obviously a very disturbing
00:17:59experience for you,
00:18:00Mrs. Stone.
00:18:01Yes.
00:18:02And not the first of its
00:18:03kind that you've suffered,
00:18:04as I understand, in the
00:18:06sense that you've been the
00:18:07victim of a mugging
00:18:08before.
00:18:09Your Honour, I cannot see
00:18:10that any previous assaults
00:18:11on Mrs. Stone can have
00:18:12any possible bearing in
00:18:14this case.
00:18:16With your permission,
00:18:17Your Honour, I'd like to
00:18:18show that, in fact, it has
00:18:19a definite bearing on the
00:18:20case.
00:18:20In fact, the two are
00:18:22inextricably linked.
00:18:25Yes, very well.
00:18:27But, um, keep it brief,
00:18:29Mr. Corrie.
00:18:30Thank you, Your Honour.
00:18:32Now, this previous
00:18:32mugging, Mrs. Stone,
00:18:34when did it happen?
00:18:35Two years ago.
00:18:36I understand.
00:18:37On that occasion, you
00:18:38were followed also, and
00:18:40attacked before your
00:18:41handbag was stolen.
00:18:42Yes.
00:18:43And is it true to say,
00:18:44Mrs. Stone, that since
00:18:45that time, you've been
00:18:46too frightened to venture
00:18:47out of the house very
00:18:47much alone?
00:18:49Yes.
00:18:49So, presumably, when you
00:18:51heard these footsteps
00:18:52behind you, naturally,
00:18:54you assumed that your
00:18:55worst fears were about
00:18:56to be realised?
00:18:57Yes.
00:18:58Now, in your own words,
00:18:59you say you were
00:19:00running.
00:19:01Surely, if the defendant
00:19:02had been out to harm
00:19:03you, if he simply caught
00:19:05up with you, it would
00:19:06have been easy enough,
00:19:07without drawing attention
00:19:08to himself by shouting.
00:19:11Last time, it was I
00:19:13who shouted.
00:19:14The first time, I mean.
00:19:15It was I who shouted
00:19:16for help.
00:19:17No one came.
00:19:19No one.
00:19:19They don't.
00:19:20Not in a town.
00:19:22No one wants to help.
00:19:23They only hear what
00:19:25they want to hear.
00:19:27A point I was about to
00:19:28make myself, Mrs. Stone.
00:19:32Now, you say your single
00:19:33thought was to get to the
00:19:35high road.
00:19:36Yes.
00:19:36Presumably, because you
00:19:37thought it unlikely he
00:19:39would attack you in such a
00:19:40public place.
00:19:41Yes.
00:19:42And yet, in fact, that is
00:19:44precisely what you are
00:19:45asking us to believe he did.
00:19:47It is what he did, isn't it?
00:19:49But we've established that
00:19:51he had ample opportunity to
00:19:52make this alleged attack in
00:19:54Brooker Street, which is a
00:19:55quiet, poorly lit side
00:19:57street.
00:19:58Is that a statement or a
00:20:00question?
00:20:01It's an observation, Mrs. Stone,
00:20:04on which I would like you to
00:20:05comment.
00:20:06I have no comment to make.
00:20:07I don't know how his mind
00:20:09works, do I?
00:20:09How old are you, Mrs. Stone?
00:20:11Sixty-seven.
00:20:11The defendant is seventeen.
00:20:14He's young and he's fit.
00:20:15If he'd wanted to catch you up
00:20:17in that side street, what was
00:20:18there to stop him?
00:20:24All right, let's examine what
00:20:26actually occurred.
00:20:26You say he caught you, he
00:20:29caught up with you in the high
00:20:30road and grabbed your arm.
00:20:31Yes.
00:20:32Now, did he say anything?
00:20:33No.
00:20:33You're sure about that?
00:20:34Yes.
00:20:35But you said something to
00:20:36him, did you not?
00:20:37You said, if this is what you
00:20:40want, take it, but don't hurt
00:20:42me, or words to that effect.
00:20:43Yes.
00:20:44And it's not unreasonable to
00:20:45assume that you accompanied
00:20:46these words with the gesture of
00:20:48actually giving him the bag.
00:20:51Only because he was going to
00:20:52take it.
00:20:53But supposing he wasn't.
00:20:56Supposing he was simply lost and
00:20:58was following you to ask
00:20:59directions, and that in your
00:21:01anxiety to get away from him,
00:21:03you lost your footing, you
00:21:05slipped on the wet pavement,
00:21:06and...
00:21:06He pushed me.
00:21:08Deliberately.
00:21:09Like this.
00:21:11But you see, Mrs. Stern, we've
00:21:13already established the fact
00:21:14that the defendant had a
00:21:15weapon.
00:21:16In fact, he was carrying two
00:21:18pounds of lead piping.
00:21:20Now, if he'd meant to harm you,
00:21:22why on earth didn't he use it?
00:21:24I mean, why just push you?
00:21:26I imagine he'd have used it if
00:21:27he needed to.
00:21:30Isn't it possible that he
00:21:32reached out in the way that
00:21:33you described in order to
00:21:35prevent you from falling?
00:21:37No.
00:21:37He pushed me.
00:21:39Now, this little cry you say
00:21:41he uttered.
00:21:42Yes.
00:21:43Now, you've stated this was
00:21:44just before he knocked you
00:21:45over.
00:21:45Yes.
00:21:46Wasn't it, in fact, after you
00:21:48fell, Mrs. Stern, that he
00:21:49called out in concern?
00:21:52He pushed me.
00:21:54Quite deliberately.
00:21:55You could see it in his face.
00:21:57Oh, you had a good look at his
00:21:58face, did he?
00:21:59Oh, yes.
00:21:59In the light from the shop
00:22:00window.
00:22:01His features were quite
00:22:02distinct.
00:22:04Now, this previous mugging,
00:22:07Mrs. Stone, this former mugging,
00:22:09your attacker came from behind,
00:22:11as I understand, striking you
00:22:13over the shoulder from behind.
00:22:15Yes.
00:22:16Yet this boy not only spoke to you,
00:22:18allowing you to hear his voice,
00:22:20but he allowed you to see his face
00:22:22as well.
00:22:22I caught sight of his face.
00:22:24That's all I know.
00:22:25It's not something I'm likely to
00:22:27forget.
00:22:27Well, then, how would you describe
00:22:29his face?
00:22:31The expression on it, I mean.
00:22:33He was staring.
00:22:34And if you could have seen your
00:22:36own face at that moment,
00:22:38supposing for one second you
00:22:40could, how do you imagine you
00:22:41looked to him?
00:22:42Looked?
00:22:43Yes, the expression on your face.
00:22:46Frightened, I imagine.
00:22:47Exactly.
00:22:48You see, I'm going to put it to you,
00:22:51Mrs. Stone, that you were both
00:22:53frightened, that the expression
00:22:56you saw on his face mirrored
00:22:59that of your own, that the
00:23:00defendant was frightened, or at
00:23:02least disconcerted by your overt
00:23:04hostility towards him, and that
00:23:05you were frightened because of
00:23:07your previous experience with a
00:23:09mugger.
00:23:11One does not like to be in any
00:23:13situation where you lose control.
00:23:16You think your fear made you
00:23:17lose control?
00:23:22I did not want my life to end
00:23:24ignominiously and alone in some
00:23:27back street.
00:23:29I am nearer the end of my life
00:23:31than the beginning.
00:23:32Death is no longer something that
00:23:34happens to someone else.
00:23:36If anything, I'm grateful to him.
00:23:39Grateful?
00:23:41Until that night, I was never sure
00:23:43which was worse, death or the fear
00:23:46of it.
00:23:49That night, he provided me with the
00:23:51answer.
00:24:18The case of the Queen against Owen
00:24:20will be resumed tomorrow in the
00:24:22Crown Court.
00:24:36Transcription by CastingWords
00:24:36To be continued...
00:24:43The Holy Spirit with the
00:24:48Queen against Owen
00:24:58The case you're about to see is fictional.
00:25:00The procedure, however, is legally accurate.
00:25:03The characters are played by actors,
00:25:05but the jury is selected from members of the general public.
00:25:08Kevin Owen is accused of robbery and assault,
00:25:11causing actual bodily harm to Mrs. Jean Stone
00:25:13while attempting to steal her handbag
00:25:15on the night of November the 27th in the Fulchester High Road.
00:25:19He's also accused of possessing an offensive weapon.
00:25:22We rejoin the case with Mr. Corrie, opening for the defence.
00:25:26Kevin Owen is in the witness box.
00:25:28The whole truth and nothing but the truth.
00:25:37You are Kevin Donald Owen and you live at 19...
00:25:40Excuse me, 19 Ambrose Street, Fulchester.
00:25:46Would you answer the question, please?
00:25:49Yeah.
00:25:50And will you tell the court your age, please?
00:25:5417.
00:25:55Have you ever been in trouble with the police before?
00:25:57No.
00:25:59Your Honour, in order to explain the defendant's behaviour on that night,
00:26:03I want to provide the court with some information
00:26:05relating to the circumstances regarding his home life.
00:26:09The substance of this case depends absolutely on my being allowed to do this.
00:26:13Your Honour, we can all claim to have less than happy home lives.
00:26:17I cannot see that it makes for a defence.
00:26:19Or an excuse come to that for the charges the defendant is facing.
00:26:24I go back to my original point, Your Honour.
00:26:27I'm not disputing that the defendant's behaviour that night needs explanation,
00:26:30which is not at all the same thing as an excuse.
00:26:33But how can I convincingly provide any explanation
00:26:36without first pointing to its cause?
00:26:41Bearing in mind the defendant's age, Mrs. Hunter,
00:26:43it does seem a reasonable point.
00:26:45But don't stray too far off the point, Mr. Corrie.
00:26:49I'll see that we don't. Thank you, Your Honour.
00:26:53You are an only child, are you not, Mr. Owen?
00:26:57Mr. Owen, you have no brothers or sisters?
00:27:01No.
00:27:02And prior to the night of the 27th of November, you lived at home?
00:27:07Yeah.
00:27:07Have you always lived at home with your parents?
00:27:09Yeah.
00:27:10And how would you describe your relationship with them as close?
00:27:14Yeah.
00:27:15Now then, tell me about school.
00:27:18What schools have you attended?
00:27:20I haven't.
00:27:22He doesn't mean any school you're attending now.
00:27:24He means in the past.
00:27:25I know what he means. I already told him.
00:27:28Yes, but I'm asking you again, you see, so that you can tell the court.
00:27:31And when you say you haven't attended school, as his Honour says,
00:27:35I don't mean sixth form, for instance.
00:27:37I mean school generally.
00:27:39Infants, primary, secondary.
00:27:41Not them either.
00:27:43Are you telling us you've never been to school at all?
00:27:45No.
00:27:46Yeah.
00:27:48Who was responsible for your education?
00:27:50My mother. And Dad. Mostly mother.
00:27:53Did your mother explain to you why you didn't go to school?
00:27:59She said I was better off without it. Better off at home.
00:28:02Did you ever question that?
00:28:05Sometimes.
00:28:06What was her reply?
00:28:07I was better off at home.
00:28:09Is that all she said on the matter?
00:28:11Yeah.
00:28:13Now, in your recollection, do you ever remember anyone coming to the house
00:28:16from the education authorities to discuss this with your mother?
00:28:20No.
00:28:21And people didn't come to the house.
00:28:23If they did, I'd go upstairs.
00:28:25Why was that?
00:28:26So their mother could deal with them.
00:28:28So, if there ever were any visitors, you didn't see them?
00:28:31Only from the landing.
00:28:32I'd watch through the banisters until the coast was clear.
00:28:35How do you mean, until the coast was clear?
00:28:37Then I'd go down again.
00:28:40So, your mother made it plain to you
00:28:42that she didn't want you downstairs when she had visitors?
00:28:49Just answer as best you can.
00:28:52She didn't want them interfering.
00:28:54Interfering with what?
00:28:55Us.
00:28:56The family.
00:28:57Well, that's the only explanation she gave you?
00:28:59Yeah.
00:29:02Now, apart from these infrequent visitors you were not allowed to meet,
00:29:05what other companions did you have, apart from your parents?
00:29:10Eh?
00:29:12Well, I'm talking about friends of your own age.
00:29:15Do you, in fact, have any friends of your own age?
00:29:19No.
00:29:21Do you, in fact, have any friends at all?
00:29:25No.
00:29:27Why is that?
00:29:28Didn't want any.
00:29:31Now, before the night we're talking about,
00:29:33how often did you go out of the house?
00:29:37Now and then.
00:29:38And where did you go?
00:29:41My dad would take me for a drive Sundays.
00:29:43He takes me down the chippy sometimes.
00:29:45I'd wait in the car for him.
00:29:47We'd go walking, too, on the dales.
00:29:50These excursions, these trips out,
00:29:51were they always with your father?
00:29:53Yeah.
00:29:54And apart from them, where did you go?
00:29:57Different places.
00:29:59He took me fishing once,
00:30:00but Mother said no after that.
00:30:02I don't swim.
00:30:03No, I mean apart from these trips out with your father,
00:30:06where did you go?
00:30:07I didn't.
00:30:09So you never went out of the house alone?
00:30:13No.
00:30:14Why was that?
00:30:16Did you ever ask your mother why not?
00:30:20Sometimes.
00:30:21Well, what did she say?
00:30:23She said I was better off at home,
00:30:25away from prying eyes.
00:30:27Now, what did she mean by prying eyes?
00:30:29She said people weren't kind.
00:30:31I was better off without them.
00:30:33What did you think, Kevin,
00:30:34when you looked out of the window
00:30:35and saw people in the street?
00:30:37As a child, say,
00:30:38when you're seeing children of your own age,
00:30:40playing,
00:30:41going to school?
00:30:42How did you feel about that?
00:30:48Must answer the questions put to you.
00:30:52Angry, sad, what?
00:30:55Both.
00:30:58When you told your mother how you felt,
00:31:00what did she say?
00:31:02She said I wasn't like them,
00:31:04the other kids,
00:31:04so they wouldn't like me.
00:31:06In what way were you supposed to be unlike them?
00:31:09I mean,
00:31:10how were you different from them?
00:31:12Just different.
00:31:15Do you watch a lot of television, Kevin?
00:31:17I've got one in my room.
00:31:19A colour one,
00:31:20remote control.
00:31:21There's a hard one downstairs,
00:31:22but my picture's better.
00:31:24Yes, I understand.
00:31:25You like crime shows,
00:31:26police shows,
00:31:27Juliet Bravo,
00:31:28The Professionals,
00:31:29that kind of thing.
00:31:30Yeah.
00:31:30Now,
00:31:31there was an episode of Juliet Bravo
00:31:33on that night,
00:31:34was there not?
00:31:34Do you know the night we're talking about?
00:31:36Yeah.
00:31:37Now,
00:31:37is that why you mentioned it
00:31:39to that police officer?
00:31:40Yeah,
00:31:41except he doesn't watch it.
00:31:42He said real life isn't like that.
00:31:44Did he?
00:31:47Now,
00:31:47let's get down to that night itself.
00:31:48You've already said
00:31:49that up until then,
00:31:51you hadn't been out of the house
00:31:52on your own before.
00:31:54Yeah.
00:31:54Now,
00:31:55what made you go out on your own
00:31:56that night?
00:31:59We had
00:32:00words.
00:32:02We?
00:32:03Me and mother.
00:32:05What about?
00:32:07About this music.
00:32:10Yes,
00:32:10go on.
00:32:12Across the road,
00:32:13there was this party.
00:32:15I could see people
00:32:16coming and going,
00:32:17all dressed up.
00:32:18The lights were on,
00:32:19and I could see them dancing,
00:32:21the shapes of them
00:32:22on the curtains
00:32:22when they were dancing.
00:32:23Did you want to go
00:32:24to this party?
00:32:25Yeah.
00:32:26What did your mother say?
00:32:28She said no.
00:32:29She said I hadn't been invited.
00:32:31I didn't know them.
00:32:32She said they wouldn't
00:32:33want to know me.
00:32:34I said they wouldn't notice me.
00:32:36I'd just stand in a corner
00:32:37and watch.
00:32:38But she said no.
00:32:40But you decided to go anyway.
00:32:41She locked the front door.
00:32:43It's got this lock
00:32:44on the inside
00:32:44with a key.
00:32:45Well,
00:32:45she locked it,
00:32:46put the key in her pocket,
00:32:47and said for me
00:32:48to stop going on about it.
00:32:50Her mind was made up.
00:32:52And then what happened?
00:32:53I went to my room.
00:32:55I could still hear the music
00:32:57and their voices.
00:32:59What?
00:32:59From the party, you mean?
00:33:01No.
00:33:02Mother and fathers
00:33:03downstairs shouting.
00:33:05So what did you do?
00:33:07I put the television on.
00:33:09And then I switched off
00:33:10the lights,
00:33:11and I sat by the window
00:33:12so that I could see
00:33:13the party.
00:33:15Well, after a bit,
00:33:15Dad went out.
00:33:16He got into the car
00:33:17and drove off.
00:33:18Well, he often does that
00:33:19after a fight.
00:33:21So I switched
00:33:22the television off.
00:33:23The house was quite quiet.
00:33:25And I got into bed,
00:33:27and I pulled the covers
00:33:28up to my chin
00:33:29and closed my eyes
00:33:30like I was asleep.
00:33:32Well, she came in
00:33:33and stood by the bed,
00:33:35and then she kissed me
00:33:36goodnight
00:33:36like she always does.
00:33:38Then she left.
00:33:40Go on.
00:33:42Well, I waited
00:33:43till I could hear
00:33:44her bedroom door close.
00:33:45Her room's next door
00:33:46to mine.
00:33:47Dad's is at the end
00:33:48of the passage.
00:33:51Then I started counting.
00:33:52I could still hear
00:33:53the music from the party
00:33:54sort of thumping,
00:33:55and I counted
00:33:56in time with it.
00:33:57But when I got
00:33:58to a thousand,
00:33:59I got out of bed
00:34:01and went to the window.
00:34:02But I got myself
00:34:03onto this little roof
00:34:04and worked myself
00:34:05to the edge
00:34:06till I was hanging on it.
00:34:07There's been this film
00:34:08on the television
00:34:09where someone did that.
00:34:14Well, then I let go
00:34:15and landed all this
00:34:16junk in the front garden.
00:34:18I thought my legs
00:34:19were broken.
00:34:23Well, then I heard
00:34:24Dad's car.
00:34:25Well, it's got
00:34:26this engine noise
00:34:27you can spot
00:34:28even at the end
00:34:29of the road.
00:34:29You see, it's a Volkswagen.
00:34:32I stood up to see
00:34:32if I could get
00:34:34my legs working,
00:34:35and then Dad
00:34:36parked his car
00:34:37and went to the house.
00:34:37I could hear
00:34:38his keys jangling.
00:34:41Well, then I heard
00:34:42the bolt,
00:34:42and I knew I was for it.
00:34:43I couldn't get back inside.
00:34:45So, what did you do next?
00:34:47Well, it didn't seem
00:34:47such a good idea
00:34:48about the party,
00:34:49but in case Mother
00:34:50found out I was gone
00:34:51and went there
00:34:52looking for me.
00:34:53So, where did you go instead?
00:34:56Don't remember.
00:34:59Trying for us, Kevin,
00:35:00will you?
00:35:06I thought if I could
00:35:07find somewhere
00:35:08to spend the night,
00:35:08I could get back
00:35:09in the morning.
00:35:10Well, Dad's always up first,
00:35:11and I knew we'd have
00:35:12to unbolt the door
00:35:13to fetch in the milk.
00:35:14I could dodge back in then
00:35:15and get to my room
00:35:16without Mother knowing.
00:35:17So, what did you do?
00:35:19I took a bit of piping
00:35:20from the pile of junk.
00:35:22Why did you do that?
00:35:25Well, it was late.
00:35:26Dark.
00:35:27I felt safer with it.
00:35:30I see.
00:35:30So, when you found
00:35:31yourself locked out,
00:35:33where did you decide
00:35:33to go?
00:35:36A bus shelter.
00:35:38I'd remember seeing one
00:35:39when I was out with Dad.
00:35:41Well, I kept on walking,
00:35:42but I couldn't find it.
00:35:44All the roads
00:35:45looked the same,
00:35:46all these houses,
00:35:47with the lights on upstairs
00:35:48and closed curtains,
00:35:49and no one around
00:35:50to ask.
00:35:51Until her.
00:35:53Now, when you saw
00:35:54Mrs. Stone,
00:35:55what did you do?
00:35:57She was just up
00:35:58ahead of me.
00:35:59I called out to her,
00:36:01but she didn't seem
00:36:01to hear.
00:36:02She just crossed the street,
00:36:03so I went after her.
00:36:05And when did you
00:36:06actually catch up with her?
00:36:07In this big main road.
00:36:09Well, I thought maybe
00:36:10she was deaf being old,
00:36:12so I caught hold
00:36:13of her sleeve.
00:36:15Just to speak to her,
00:36:16just to ask
00:36:16where the bus shelter was.
00:36:18But she hit me.
00:36:20With her fist?
00:36:21No, her bag.
00:36:22She hit me with it
00:36:23on the chest.
00:36:24So what did you do?
00:36:26Well, I tried to
00:36:27take it from her
00:36:28to stop her doing it again.
00:36:29And then what?
00:36:31Well, she tried to
00:36:32pull away from me
00:36:32and sort of keeled over.
00:36:34You didn't push her?
00:36:37You didn't push her?
00:36:39No, she just fell backwards.
00:36:42Are you quite sure, Kevin,
00:36:44that you didn't push her,
00:36:46causing her to fall?
00:36:47No, I just wanted
00:36:48to stop her hitting me
00:36:49with her bag.
00:36:53Tell us what happened there.
00:36:56She was on the ground
00:36:58and I was standing over her.
00:37:00And then these lights came on.
00:37:02What lights were these?
00:37:03Car lights, headlamps,
00:37:05pointing at me,
00:37:06coming towards me.
00:37:08So I ran.
00:37:10Why did you run?
00:37:11Kevin, if what you tell us
00:37:13is true,
00:37:14why did you run away?
00:37:16I thought there'd be trouble.
00:37:19Mother would have found out,
00:37:20wouldn't she?
00:37:38Since it was your mother's idea
00:37:39that you shouldn't attend school,
00:37:41do you perhaps resent her for it?
00:37:43No.
00:37:44But you do admit feeling
00:37:46angry and sad as a child
00:37:48when you saw other children
00:37:49going to school and so on.
00:37:53Well, either you did mind
00:37:54or you didn't.
00:37:56I mean, it would be rather,
00:37:57rather odd
00:37:57if you didn't mind,
00:37:58wouldn't it,
00:37:59the picture we've had
00:37:59of a solitary child
00:38:01virtually imprisoned at home.
00:38:03You must feel something
00:38:04about that, surely.
00:38:05I wasn't imprisoned.
00:38:06I could come and go
00:38:07as I pleased.
00:38:07But you didn't, did you?
00:38:08At least not without
00:38:09one of your parents.
00:38:10I didn't want to go out.
00:38:11I enjoyed my own company.
00:38:12What's wrong with that?
00:38:13Now, let's talk about
00:38:15these lessons
00:38:16your mother gave you.
00:38:17What did they consist of?
00:38:19Reading and stuff.
00:38:20So you can read and write?
00:38:22Sure I can.
00:38:24And you did these lessons when?
00:38:26Every morning.
00:38:27What about weekends?
00:38:29Sometimes.
00:38:30Holidays?
00:38:31Christmas holidays?
00:38:31Easter?
00:38:32We just went straight through.
00:38:34Didn't you mind that?
00:38:38I must ask
00:38:39that the defendant
00:38:40answer the question,
00:38:41Your Honour.
00:38:42Just answer
00:38:43yes or no.
00:38:47Sometimes.
00:38:48Or sometimes.
00:38:51Now, isn't it a fact
00:38:52that this hostility
00:38:53sometimes spilled over
00:38:54into arguments
00:38:55with your mother?
00:38:56Sometimes.
00:38:57Isn't it a fact
00:38:57that you once
00:38:58attacked your mother?
00:39:00Physically attacked her?
00:39:01You threw a telephone
00:39:02directory at her,
00:39:03hitting her in the eye
00:39:04for which she had
00:39:04to have hospital treatment.
00:39:06It was an accident.
00:39:07Your Honour,
00:39:07I really must object
00:39:08to this line of questioning.
00:39:10I'm afraid, Mr. Corrie,
00:39:11since you yourself
00:39:12opened up the whole question
00:39:13of the defendant's home life,
00:39:15the prosecution
00:39:16must be allowed
00:39:16to develop it.
00:39:18Thank you, Your Honour.
00:39:20Now, how many times
00:39:21have you and your family
00:39:22moved house
00:39:23in the past, say,
00:39:25ten years?
00:39:25A few times.
00:39:27Approximately.
00:39:28How many?
00:39:29Four, five.
00:39:31Why was that?
00:39:32No special reason.
00:39:34Didn't it strike you
00:39:35as odd?
00:39:36No.
00:39:37Didn't your parents
00:39:38continually move
00:39:39because of your rouse?
00:39:41As a result of which
00:39:42your mother was terrified
00:39:43a neighbour might complain,
00:39:45which might have resulted
00:39:46in the involvement
00:39:46of the education authorities.
00:39:48No, we moved
00:39:49because we wanted to.
00:39:50Anyway, it wasn't me
00:39:51who started all the rouse.
00:39:52I'm not suggesting
00:39:53that it was.
00:39:55But since my learned friend
00:39:56has opened this up,
00:39:57we might as well
00:39:57get to the truth of it.
00:39:59And the truth
00:40:00I suggest is
00:40:01that you and your mother
00:40:02shared a violent
00:40:03and volatile relationship
00:40:04from which it would not
00:40:06be unreasonable
00:40:06to assume
00:40:07you were determined
00:40:08to escape.
00:40:10Am I right?
00:40:12What?
00:40:13At seventeen,
00:40:15at a time
00:40:16when most young men
00:40:16are about to leave home
00:40:17and be independent,
00:40:18are you asking us
00:40:19to believe
00:40:20that you were happy
00:40:21to continue living
00:40:22in such an acrimonious
00:40:23and hostile atmosphere?
00:40:25I had nowhere else
00:40:27to go, did I?
00:40:28Oh, so the thought
00:40:29had occurred to you
00:40:30to leave?
00:40:31No.
00:40:32Well, if that was the case,
00:40:33presumably only because
00:40:34the practicalities
00:40:35stopped you.
00:40:36The lack of anywhere else
00:40:38to go,
00:40:38and more importantly,
00:40:39the lack of money.
00:40:47Yes.
00:40:50Now, let's move on
00:40:51to the subject
00:40:52of television.
00:40:54You say you watched
00:40:55a good deal of it.
00:40:57Yeah.
00:40:57I imagine,
00:40:58if nothing else,
00:40:59because it gave you
00:40:59an idea of the outside world
00:41:01with which you'd had
00:41:02so little contact.
00:41:03I just liked watching it.
00:41:05And when you say
00:41:06a good deal,
00:41:08what does that mean exactly?
00:41:09You've told us
00:41:10that you sometimes
00:41:10watched in the afternoon.
00:41:11Did you also watch
00:41:12in the evenings as well?
00:41:14Yeah.
00:41:14Well, on average,
00:41:15that could be up to
00:41:16eight hours a day.
00:41:17Some people would think
00:41:17that excessive.
00:41:21Now, you said
00:41:22when you were on
00:41:23the roof
00:41:23outside your bedroom,
00:41:25you'd seen someone
00:41:26do it in a television film.
00:41:28So?
00:41:29Did that give you
00:41:30the idea to escape
00:41:31over the roof
00:41:31in the first place?
00:41:32I didn't stop
00:41:33to think about it.
00:41:34According to your evidence,
00:41:35you did.
00:41:36You specifically said
00:41:37that you saw
00:41:38a television film
00:41:38where a similar thing
00:41:39occurred.
00:41:43Now, the evening
00:41:44before the 27th,
00:41:46the evening before
00:41:47the alleged assault,
00:41:47did you also
00:41:48watch television?
00:41:49Probably.
00:41:51Did you?
00:41:51Or didn't you?
00:41:53Yeah.
00:41:54Now, do you remember
00:41:55seeing a local news report
00:41:57concerning a mugging case
00:41:58in a Manchester street?
00:42:01It was shown
00:42:01on both major networks.
00:42:04Well, I'll refresh
00:42:05your memory.
00:42:06In the hope
00:42:07of locating witnesses,
00:42:09it re-enacted
00:42:10a mugging
00:42:10in a Manchester street.
00:42:11In this case,
00:42:12an old man
00:42:13who was followed
00:42:14by a youth
00:42:14with a stick
00:42:15who attacked
00:42:16and robbed him.
00:42:18You've already
00:42:19stated a preference
00:42:19for television programs
00:42:21connected with crime
00:42:22and that you were
00:42:23watching television
00:42:24that night.
00:42:24How could you
00:42:25have missed it?
00:42:26I didn't miss it.
00:42:27That's why I took
00:42:28the piping.
00:42:28I was afraid
00:42:29the same thing
00:42:29might happen to me.
00:42:33Well, let's turn
00:42:34to the night itself.
00:42:36You say you wanted
00:42:37to go to a party
00:42:38but your mother
00:42:38prevented you.
00:42:39Yeah.
00:42:40And you quite calmly
00:42:41accepted this
00:42:41and went up to your room.
00:42:42She'd locked
00:42:43the front door.
00:42:44So you decided
00:42:44to wait
00:42:45until she'd
00:42:45gone to bed
00:42:46and go out
00:42:46by the window.
00:42:47Yes.
00:42:48No.
00:42:48It just happened
00:42:49that way.
00:42:50I suggest
00:42:51you planned
00:42:51it to happen
00:42:52that way.
00:42:53Some plan.
00:42:54I'm not that stupid.
00:42:55And neither
00:42:56is this jury.
00:42:58Do you really
00:42:58expect us to believe
00:42:59all this nonsense
00:43:00about a bus shelter?
00:43:01It's the truth.
00:43:02I suggest
00:43:03that the truth is
00:43:03when you found
00:43:04yourself locked
00:43:05out of your house
00:43:06that night
00:43:06you realised
00:43:07it was your chance
00:43:07to get away,
00:43:08didn't you?
00:43:09But you had
00:43:10nowhere to go
00:43:10and more importantly
00:43:12no money.
00:43:13But you remembered
00:43:15that news item,
00:43:16didn't you?
00:43:17And you knew
00:43:17your problems
00:43:18could be solved.
00:43:19And that's the real
00:43:20reason you took
00:43:21that bit of lead
00:43:21with you,
00:43:22wasn't it?
00:43:22No, I said why.
00:43:23Because if you
00:43:24could just get
00:43:24some money
00:43:25you could get
00:43:25a bed for the night.
00:43:27Not to mention
00:43:28food and clothing.
00:43:29I didn't need food
00:43:30or clothes.
00:43:31I was going back
00:43:31in the morning.
00:43:32But after all
00:43:33these rows
00:43:33we've heard about
00:43:34I suggest
00:43:35that you deliberately
00:43:36followed Mrs. Stone
00:43:38with the express
00:43:39intention of
00:43:39assaulting her
00:43:40in order to
00:43:40steal her handbag.
00:43:42Isn't that really
00:43:43what happened?
00:43:43I said what happened.
00:43:45I said!
00:43:47I said what happened!
00:43:50No more questions,
00:43:52Your Honour.
00:43:56I swear by
00:43:57almighty God
00:43:58the evidence I give
00:43:59shall be the truth,
00:44:00the whole truth
00:44:00and nothing but the truth.
00:44:08You are Mrs. Catherine
00:44:09Angela Owen
00:44:10and you live at
00:44:1219 Ambrose Street,
00:44:13Fulchester?
00:44:14Yes.
00:44:15Would you tell us please
00:44:15your relationship
00:44:16with the defendant?
00:44:18I'm his mother.
00:44:20Now perhaps
00:44:20you could start off
00:44:21by telling us
00:44:22something about
00:44:22the defendant.
00:44:25What is it
00:44:26you want to know?
00:44:27Well, how you
00:44:28get on together
00:44:28for instance.
00:44:30He's my son.
00:44:32So parents don't
00:44:33always have
00:44:34good relationships
00:44:35with their offspring
00:44:35do they?
00:44:37I can only speak
00:44:38for myself.
00:44:40Well then
00:44:40would you describe
00:44:41your relationship
00:44:42as being close?
00:44:44Yes, very.
00:44:45And Kevin himself?
00:44:46How would you
00:44:47describe him?
00:44:49Honest,
00:44:51kind,
00:44:53gentle.
00:44:55Yes, we've heard
00:44:56evidence that might
00:44:57suggest the contrary
00:44:58of Mrs. Owen,
00:44:59that you used to
00:45:00argue quite frequently.
00:45:03Arguments are not
00:45:03uncommon in any
00:45:05family, are they?
00:45:06Is it true that
00:45:07during one of these
00:45:08arguments, Kevin
00:45:09threw a telephone
00:45:10directory at you,
00:45:11injuring your eye?
00:45:12Well, that was an
00:45:13accident, a silly
00:45:14accident.
00:45:16He's at that age,
00:45:17isn't he?
00:45:19All children at this
00:45:21age rebel against
00:45:22their parents,
00:45:23rebel against
00:45:24discipline.
00:45:24It's perfectly
00:45:25natural.
00:45:26So all in all,
00:45:27his behaviour has
00:45:28given you no great
00:45:29cause for concern
00:45:31on that score.
00:45:31You regarded it
00:45:33simply as that of a
00:45:34typical teenager.
00:45:35Yes.
00:45:37Did he ever,
00:45:37perhaps in a temper,
00:45:39ever express a wish
00:45:40to leave home?
00:45:42Permanently, I mean.
00:45:43Why should he?
00:45:45He never once said
00:45:46or indicated that
00:45:47this might have been
00:45:47on his mind?
00:45:48Never.
00:45:49Did Kevin ever show
00:45:51any resentment over
00:45:52the fact that you
00:45:53opted to educate him
00:45:54at home?
00:45:54I should warn you,
00:45:56Mrs. Owen, that
00:45:57you do not have to
00:45:58answer that question
00:45:59if you feel it might
00:45:59incriminate you to do
00:46:00so.
00:46:01I don't mind
00:46:02answering the question.
00:46:04Children who do
00:46:05go to school
00:46:06complain about it
00:46:07occasionally, don't
00:46:08they?
00:46:09Of course he
00:46:09complains sometimes.
00:46:10I'd have been
00:46:11surprised if he
00:46:12hadn't.
00:46:13But not sufficiently
00:46:14for it to amount
00:46:15to hostility
00:46:16between them?
00:46:17No, certainly not.
00:46:20Thank you,
00:46:20Suzanne.
00:46:24You say you
00:46:25opted not to have
00:46:27Kevin educated
00:46:27at school.
00:46:29Why?
00:46:32You've had him
00:46:33up here,
00:46:34talked to him.
00:46:36That hardly
00:46:37answers my
00:46:37question, Mrs. Owen.
00:46:39I decided it
00:46:40wouldn't be in
00:46:40his best interest.
00:46:42As his mother,
00:46:43I consider I have
00:46:44that right.
00:46:44Even though you
00:46:45were breaking the law
00:46:46in exercising that
00:46:47so-called right?
00:46:49I did what I
00:46:50thought was best.
00:46:51And what has the law
00:46:53got to do with what
00:46:54is best for one's own
00:46:55child?
00:46:56But what we have to
00:46:57ascertain is why.
00:46:58The basis on which you
00:47:00made this extraordinary
00:47:01decision.
00:47:03He wouldn't benefit
00:47:04from it, would he?
00:47:05Why not?
00:47:07Mrs. Owen, why wouldn't
00:47:08he benefit from an
00:47:09education like any
00:47:10other child?
00:47:11Because he's not
00:47:13like any other child.
00:47:14In what way is he so
00:47:16unlike other children?
00:47:17Other people of his
00:47:19own age?
00:47:24He's retarded,
00:47:26isn't he?
00:47:26That he is.
00:47:33He's right.
00:47:34That he's rather
00:47:45I have to
00:47:46get to
00:47:46you.
00:47:47So
00:47:48so
00:47:56The case of the Queen against Owen will be concluded tomorrow in the Crown Court.
00:48:33The case you're about to see is fictional. The procedure, however, is authentic. The characters
00:48:38are played by actors, but the jury is selected from members of the public. Kevin Owen is charged
00:48:43with assault, causing actual bodily harm, robbery, and possessing an offensive weapon. His mother
00:48:49is now being cross-examined by the prosecution. Mrs. Owen, you stated that your son, the defendant,
00:48:56is retarded. Yes. Is that opinion based on a medical diagnosis? If you mean a doctor,
00:49:04he hasn't needed one, not for years. But someone must have diagnosed his condition in the first place.
00:49:13There was a problem at his birth. I went into labor prematurely. The cord was round his neck.
00:49:22He had difficulty breathing. Later, when he was a few months old, he wasn't progressing as other
00:49:29children. He wasn't smiling or holding his head up. Naturally, I was worried. I took him to my doctor,
00:49:36who referred me to the local hospital. They said it might all be connected with the birth.
00:49:44Lack of oxygen. That I might have to reconcile myself to the possibility that there might be
00:49:50brain damage. And did they subsequently confirm this diagnosis? No. They didn't run tests?
00:49:57I didn't go back. I didn't need their diagnosis confirmed. I'm his mother. I could see how he
00:50:04was for myself. Well, even assuming you were right. Surely you wanted him to get help, receive treatment.
00:50:11I've seen the kind of treatment the mentally handicapped get. Do you mind explaining that?
00:50:18My sister. My youngest sister is retarded. I grew up seeing how people treated her.
00:50:27I didn't want that for Kevin. If it was something in me, something genetic,
00:50:33it was my responsibility to look after him, to shield him from that.
00:50:38So you didn't go along with the theory that it was due to an accident at birth?
00:50:44Accident at birth. Genetic accident. What does it matter? I could see how he was,
00:50:51and I knew what had to be done for him. You mean by locking him away from prying eyes?
00:51:00I mean love. With respect, Mrs. Owen, love doesn't solve everything. That's easy to say when you've
00:51:07never been deprived of it. I grew up seeing all my mother's love diverted to someone else.
00:51:12Your sister, you mean? Yes. I didn't resent it. I understood.
00:51:20Naturally, it made me unhappy. But then, when I had Kevin, I realized it was all a preparation.
00:51:30There is, after all, a point to pain. By devoting myself to him, I could make sure he felt none.
00:51:40Didn't it occur to you that his progress might have been swifter if he'd gone to school,
00:51:45mixed with people, other children? And watched him struggling to keep up,
00:51:49struggling to keep pace. What about a special school that could cater for his needs? No. Why not?
00:51:55Because I could give him everything he needed. Everything. And you explained to him, did you,
00:52:01when the subject of education came up between you? In terms he would understand, yes. And did he
00:52:07understand? Yes. I suggest that he didn't, Mrs. Owen. I suggest that he was in a great deal of conflict
00:52:11over this. He loved you. You were his mother. He knew that you needed him. Yet he was also growing
00:52:17up and wanted to experience life. Except that this mother's love you talked of wouldn't let you
00:52:24recognize it. Mrs. Hunter, this witness is not an expert in psychosociology. What can you know about
00:52:31mother love? Many of us have children, Mrs. Owen. And we all have to face the fact that there comes
00:52:37a
00:52:38time when you have to let them go. I've already said any conflict there was between us is simply
00:52:44because of his age. So you do acknowledge that he's normal, that he conforms to the average pattern
00:52:48of a teenager? Anyone, whatever their mental age, is capable of anger. So you concede he got angry?
00:52:57Occasionally, of course. And did this anger sometimes spill over into violence? No.
00:53:03You see, I suggest that Kevin is not as slow as you would have us believe. That the events of
00:53:09the
00:53:09night of November the 27th were entirely in keeping with his behavior in the past few years, and that he
00:53:14knew perfectly well what he was doing, which was to get money in order to leave a home which he
00:53:21found
00:53:21increasingly oppressive and suffocating. No.
00:53:27Would you say he was obsessed by television?
00:53:32He enjoys watching it, if that's what you mean. To the point that he did very little else.
00:53:38It's a harmless enough activity, I would have thought. Is it?
00:53:42I put it to you. That due to the circumstances of his home life, the characters and events he saw
00:53:48on television were virtually the only outside contact that he had, and therefore had a fundamental
00:53:54influence on his behavior. But as the person closest to him, wouldn't you confirm this?
00:54:02Well, let me put it another way. In your experience, did Kevin ever try to emulate anything he saw on
00:54:09the television? What child doesn't? We're not speaking about a child, Mrs. Owen.
00:54:14We're speaking about a young man who is very near to voting age.
00:54:20Age is not something that is simply measured in years.
00:54:24For the purposes of this court, Mrs. Owen, I'm afraid that it is.
00:54:37Mr. Owen, we've heard that Kevin and his mother often rowed, and that once or twice,
00:54:42these are alleged to have erupted into violence. Now, were you ever present during any of these
00:54:48occasions? I certainly wouldn't say violent. Well, how would you describe them then? Well,
00:54:53people tend to lash out, don't they, in Iran? But they were never of a serious nature?
00:54:59No, no. Now, how about Kevin's nature? How would you describe that? He's affectionate,
00:55:06a little on the timid side. Timid? Quiet, introverted. You see, we've heard that your family often
00:55:13moved house, and it's been suggested that it was because of Kevin's behavior, because of the
00:55:18rouse he caused, and the complaints from neighbors. Now, is there any truth of that?
00:55:23None. We moved because of my job. I'm a salesman. You get transferred a lot in my life.
00:55:28Would you describe your family as being a happy one?
00:55:32In the circumstances? Presumably, you mean the circumstances of Kevin's condition.
00:55:37Mrs. Owen has already told us something of her theories concerning that matter.
00:55:41Yes, I mean that. Now, knowing Kevin as you do,
00:55:45do you believe he is capable of attacking and assaulting an old lady in order to steal from her?
00:55:52No. How about lying? Has he ever lied to get himself out of trouble, perhaps?
00:55:58No, he doesn't even know what a lie is. It's painful to see it sometime, that kind of honesty.
00:56:03You wonder how someone so transparent could possibly survive.
00:56:09Yes. Now, on the night of the 27th of November, Mr. Owen, did you and Mrs. Owen have a row?
00:56:15Yes. About what? Well, Kevin got into his head to go to this party over the road. People were
00:56:20coming and going as they pleased, and I didn't see the harm in it. He'd never been to one, you
00:56:24see.
00:56:25I thought it was about time he did. I thought it was about time a few changes were made.
00:56:30And prior to that night, had he ever attempted to leave home before?
00:56:34No.
00:56:35Had he ever said he wanted to leave home before, to live somewhere else, perhaps?
00:56:39Never.
00:56:40Not even in anger?
00:56:42You don't understand. You see, he and his mother, they're like a married couple.
00:56:45I joke about it sometimes. They couldn't manage without each other.
00:56:52Now, the defendant has said that he saw a bus shelter on an outing with you.
00:56:56Do you remember any mention of that?
00:56:57Yeah, we passed it once. It's quite near us. There was a young couple in it, you know,
00:57:01kissing and it made an impression on Kevin. He said he looked like a little house and
00:57:05he'd like to live there with someone to share it.
00:57:07So it wouldn't be unnatural for him to attempt to find it once he found he'd been locked out for
00:57:11the night?
00:57:12No, that would be just like him.
00:57:15Well, the subject of television now, would you say it's influenced his behaviour at all?
00:57:21Not especially.
00:57:22He's never tried to copy the behaviour of characters on television?
00:57:26Well, he does a very good impression of David Bellamy.
00:57:29As I was thinking more of crime programmes?
00:57:31Well, he enjoys programmes like that, but so do millions of other people.
00:57:34They don't go around robbing banks and mugging old ladies.
00:57:38I mean, why should my son be any different?
00:57:41Thank you, Mr. Owen.
00:57:44But the fact is, Mr. Owen, your son is different, isn't he?
00:57:49Well, according to your wife's testimony, he is.
00:57:54This diagnosis she made concerning him, did you agree with it?
00:57:58Up to a point.
00:57:59And what is that point, exactly?
00:58:01Well, when he was a baby, wherever he went, to a friend's house or to the park,
00:58:05the baby was doing things he wasn't. I mean, children even younger than him.
00:58:08Walking, talking and so on. We used to lie awake at night, worrying.
00:58:13My wife's younger sister, she's Mongol. Down syndrome, they call it now.
00:58:17Of course we knew Kevin wasn't like that, but the thought of it was always there.
00:58:21Even when she was pregnant, the thought of it was there.
00:58:25She said it would be our punishment.
00:58:28Punishment?
00:58:28Oh, I didn't mean that exactly.
00:58:30Well, what did you mean?
00:58:30I, my wife and I, we were very happy when we were first married.
00:58:34Happiness like that, affection like that.
00:58:36She was unused to. It made her uneasy.
00:58:38She always said she would have to pay for it one day.
00:58:41It was rather a bleak view of life, wasn't it?
00:58:43Well, that's the way she saw things, sees things.
00:58:48So the defendant, or rather your wife's diagnosis of him, was supposed to balance things.
00:58:54Is that what you're really asking us to believe?
00:58:56Yes, it's not logical. I know I tried to tell her that.
00:58:58But my wife doesn't operate on logic. She trusts more to her emotions, and there's nothing like a child to
00:59:05bring out emotion.
00:59:06So you didn't consider this diagnosis of Kevin in the same light?
00:59:10Well, I know these things happen. I mean, when you have children, it's like a lottery.
00:59:13You can't always guarantee what you'll get.
00:59:15You said you only agreed with your wife's diagnosis up to a point.
00:59:19At what point did you start to doubt it?
00:59:22Well, I remember taking Kevin to a playground when he was small.
00:59:29There are other families there with this toddler, and this toddler, he stood there dribbling,
00:59:34and looking around as if he didn't know where he was, like young children do.
00:59:39The parents laughed.
00:59:41When you've been given cause to doubt your child in that way, you look at things very differently.
00:59:46You can't just laugh and shrug it off.
00:59:48With respect, Mr. Owen, you haven't answered my question.
00:59:51At what point did you start to doubt the accuracy of your wife's diagnosis concerning the defendant?
00:59:59My contact with Kevin wasn't all that it should have been.
01:00:02My work took me away from home a lot, and I remember when I was about eight, I was in
01:00:06Manchester on a job,
01:00:06and I was parked near this playground, waiting for a client, and there was two lads playing around.
01:00:12They were about Kevin's age, more or less, and they reminded me of him.
01:00:16I realized then that he could have been out playing like them, and there was no difference.
01:00:21So you don't now consider your son to be different at all?
01:00:25Only in that we have made him so.
01:00:27Did you ever confront your wife with this?
01:00:29Yes, but I'd left it too late.
01:00:31In what respect?
01:00:32She wanted a baby.
01:00:34I wanted a son.
01:00:36Can you explain what you mean by that?
01:00:38She had built her life around the fact that she had a child who would probably never grow up.
01:00:43When children grow up, they leave home, don't they?
01:00:47Now, you say your contact with your son wasn't all it should have been.
01:00:51Was that only because your work took you away so much?
01:00:54No.
01:00:56The fact is, Mr. Owen, you have been, at least partially, living with another woman for the past ten years.
01:01:03Yes.
01:01:05Now, in your opinion, how did Kevin, as he got older, respond to your wife's treatment of him,
01:01:10this continually treating him as a child?
01:01:12He seemed to accept it.
01:01:14Seemed?
01:01:14Well, sometimes he got a little restless.
01:01:16And did this cause rows?
01:01:17If they were rows, they came from me.
01:01:19From you?
01:01:19Yes, she had to be told.
01:01:20See what she was doing to him.
01:01:21It was up to me to tell her.
01:01:24But it was too little, too late.
01:01:26Why do you keep saying it was too late, Mr. Owen?
01:01:29Well, it suited me, her belief about Kevin.
01:01:31He filled the gap I'd left in her life.
01:01:35People say a family is unhappy where there's no love.
01:01:38And excess of it can have the same effect.
01:02:02Your name is Carla Elizabeth Wright, and you're a psychiatrist in the psychiatric department
01:02:07of Fulchester General Hospital?
01:02:09I am.
01:02:10Will you tell us, please, how you came to know the defendant?
01:02:13The social worker handling his case at the remand centre asked me to see Kevin in order to make
01:02:18a clinical assessment of him.
01:02:19And how many times did you see him in all?
01:02:21We had four one-hour sessions.
01:02:23And were you able to make an assessment after that time?
01:02:25I was able to come to some conclusions, yes.
01:02:28Would you be kind enough to tell us what they were, please?
01:02:31Kevin is cross-lateral, a condition sometimes confused with dyslexia.
01:02:36What does being cross-lateral mean?
01:02:38Well, at its simplest, it's where neither side of the brain is dominant.
01:02:42If you're left-handed, the right-hand side of the brain is dominant, and vice versa.
01:02:46In Kevin's case, it's equal.
01:02:48This has given him certain motor and coordination problems.
01:02:52Also difficulty with reading, which he tends to see in mirror writing.
01:02:56However, it's got nothing to do with his overall intelligence, which I place as above average.
01:03:01Anything else?
01:03:03His lack of contact with people has given him a lot of inhibitions,
01:03:07resulting in a somewhat awkward, abrupt manner.
01:03:12He has a tendency towards depression, but I found no evidence of any psychotic behaviour.
01:03:18In fact, on the whole, I find him cooperative and responsive.
01:03:21Would you define for us, in layman's terms, please, what you mean by psychotic?
01:03:26A severe mental derangement involving the whole personality.
01:03:31And you found no evidence of this during your sessions with the defendant?
01:03:35No.
01:03:36Now, we've heard stories about fits of violent temper.
01:03:40Can you shed any light on that?
01:03:43Yes, that was something we touched on.
01:03:46In my view, such symptoms are quite in accord with the circumstances of his home life, the depression and so
01:03:53on.
01:03:53Now, did he ever, during your interviews with him, indicate that he was anxious to leave home, to leave his
01:03:59mother?
01:03:59On the contrary.
01:04:01He spoke of her almost continuously.
01:04:04He's almost entirely dependent on her.
01:04:07Yes, now, you say his manner can be abrupt.
01:04:10Could you elucidate?
01:04:12Because he's inexperienced in dealing with people, he finds it rather hard to talk to them, initially.
01:04:20He tends to be rather brash, I suppose.
01:04:24Curt.
01:04:25Could this curtness be mistaken for aggression, appear threatening to someone who didn't know?
01:04:31I imagine so.
01:04:33Could you be more specific, Dr. Wright?
01:04:36Without a more specific instance, no.
01:04:39All right, then, let me give you a scenario.
01:04:42Of an old lady, frightened out alone on the street at night.
01:04:47And the defendant addressed her, called out to her.
01:04:50Now, could his manner seem threatening then?
01:04:53No. Very much so, I'd say.
01:04:57How great an influence would you say that television has played in his life?
01:05:03Considerable influence, obviously.
01:05:05Would you say sufficient influence to make him mimic people or events on television programs?
01:05:11It might occur to him, but his lack of confidence would be an impediment, certainly outside the home.
01:05:18He's been brought up believing himself to be different.
01:05:23If he does have any ambitions, it would be to dispel that, to make himself as inconspicuous as possible.
01:05:30He has an acute fear of people staring at him.
01:05:37You say the defendant has a tendency to depression.
01:05:41Yes.
01:05:41About what?
01:05:43What was he so depressed about, Dr. Wright?
01:05:47The fact that he was lonely.
01:05:49Did he blame anyone for this?
01:05:51No, he barely recognized the cause himself.
01:05:54But he was aware that he wasn't altogether happy.
01:05:58He has a very low expectation of happiness.
01:06:02That seems to be something he got from his mother.
01:06:05He doesn't expect life to be something one enjoys, simply something one must get through.
01:06:11This gave him a negative outlook on life, which consequently contributed to his depression.
01:06:16You used the word symptom in connection with his alleged outbursts of temper.
01:06:20Did I?
01:06:22What did that mean exactly?
01:06:24Perhaps it was the wrong choice of word.
01:06:26Well, if you tell us what the word means in layman's terms, perhaps we can decide whether it was appropriate
01:06:31or not.
01:06:31It's obvious what it means, surely.
01:06:34An external sign indicating something is wrong.
01:06:36So, if we assume that your choice of words was not inaccurate, what was wrong with him to give him
01:06:42these fits of temper?
01:06:46Frustration at his situation, I imagine.
01:06:50Now, you say he's almost entirely dependent on his mother.
01:06:54Yes.
01:06:55Well, isn't that rather an unhealthy state of affairs for a young man of his age?
01:07:00It's inevitable, I'd have thought, given the facts of his upbringing.
01:07:03And don't the facts also suggest to you that he resented his deprivation, and therefore sort of away from escaping
01:07:09from it?
01:07:11His relationship with his mother is very complex.
01:07:16If he does resent her, I doubt he's ever acknowledged it.
01:07:21These things are very painful, go very deep.
01:07:25He never spoke of wanting to leave home to me.
01:07:28Actions sometimes speak louder than words, don't they?
01:07:33Isn't that rather a cliché?
01:07:34Oh, come now, Dr. Wright.
01:07:37Isn't human behaviour rather a cliché?
01:07:41Now, what is his attitude towards women, aside from his mother?
01:07:46He's had virtually no contact with them.
01:07:49And has this complex and obviously troubled relationship with his mother coloured his view of all women, perhaps?
01:07:54Made him regard them in rather an oppressive light?
01:07:58It's not inconceivable.
01:08:01You've also spoken of his intelligence, which you rate quite highly.
01:08:05Yes.
01:08:06Now, is he intelligent enough, in your estimation, of him to lie, if necessarily, quite ingeniously?
01:08:13He's certainly intelligent enough to.
01:08:16Whether or not it would occur to him is another matter.
01:08:18But the mental capacity is there, should he wish to?
01:08:22As much as it is with anyone, yes.
01:08:24Now, these sessions you had with him, would you place his intelligence high enough to let us
01:08:31say he would attempt to mislead you, give you a false impression of his character?
01:08:37I'm a trained psychiatrist. I doubt he'd have succeeded.
01:08:41But once again, you concede it's not impossible that he should try.
01:08:44But why should he want to?
01:08:46To substantiate his story.
01:08:48For the events leading up to his attack on Mrs. Stone, to win your sympathy, and therefore ours.
01:08:53My sympathy is not that easily won.
01:08:56But in the end, we are talking about opinions, are we not?
01:08:59Your opinion of his character, based on these intermittent sessions you had with him.
01:09:05My professional opinion, yes.
01:09:07Have you ever been wrong in a professional opinion concerning a patient?
01:09:12I'm not infallible. Are you?
01:09:14Dr. Wright.
01:09:16Dr. Wright, we are talking about a boy who, in your own words, is above average intelligence,
01:09:22and whose mother says he is retarded.
01:09:25You see, I believe when he came across Mrs. Stone that night,
01:09:29his attack on her was not simply to get her money,
01:09:31but a vicious attack on her as a woman who, like his mother, stood in the way of what he
01:09:38wanted.
01:09:40Have you been reading Reader's Digest?
01:09:42Dr. Wright, don't be impertinent.
01:09:48Members of the jury,
01:09:49the charges against the accused are those of robbery, assault, occasioning actual bodily harm,
01:09:56and possessing an offensive weapon.
01:09:59Now, the prosecution case is that the defendant, in his anxiety to get away from an unhappy home life,
01:10:05deliberately attacked Mrs. Stone in order to steal her handbag from her,
01:10:10and that the attack and the robbery were not only deliberate, but maliciously premeditated.
01:10:16The defense admits that the events of the night in question need explanation,
01:10:20but they claim that they were due to the facts of his home life,
01:10:24that he never intended to attack Mrs. Stone, but simply to ask directions from her.
01:10:30They maintain that it was, in fact, Mrs. Stone's own fear of being mugged,
01:10:34which precipitated the situation, and that she slipped and fell to the pavement.
01:10:40Now, there was a witness to the alleged attack on Mrs. Stone, and you must weigh his evidence up very
01:10:45carefully.
01:10:46Whether or not, as the prosecution claimed, he was impartial and had a clear view of what he saw,
01:10:52or, as the defense claimed, his view was handicapped firstly by the rain,
01:10:57and secondly by his opinion of the incident being colored by prejudice.
01:11:02You must also remember that it is for the prosecution to prove the case.
01:11:06So you must therefore be satisfied beyond reasonable doubt of his guilt.
01:11:11It is not for the defendant to prove his innocence.
01:11:15And will you now retire, elect a foreman to speak for you, and consider your verdict.
01:11:24On the first count in the indictment, that of robbery,
01:11:28do you find the defendant, Kevin Owen, guilty or not guilty?
01:11:31Not guilty.
01:11:31On the second count of assault occasioning actual bodily harm, do you find the defendant guilty or not guilty?
01:11:38Not guilty.
01:11:39On the third count of being in possession of an offensive weapon, do you find the defendant guilty or not
01:11:45guilty?
01:11:46Guilty.
01:11:49Kevin Donald Owen, it is unlawful to carry dangerous objects in public places,
01:11:57but as you have been acquitted of the charges of robbery and assault,
01:12:00I shall give you a conditional discharge for two years.
01:12:04All stand.
01:12:05Amen.
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