Crown Court - Auld Lang Syne - Complete (1080p) - video Dailymotion

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COURTROOM DRAMA "Scottish nationalist campaigners Hamish Stewart-Mackenzie and Davidina McLeod stand charged with the theft of an oil tanker that was taken from Services near Kendal. The Prosecution allege that Stewart-Mackenzie drove the vehicle away after Miss McLeod had distracted the driver Peter Telfer who had been giving her a lift. " IMDB Starring Anthony Nicholls, Robert Flemyng, Richard Wilson, Malcolm Rennie, Virgina Stark, Miriam Margoyles

Transcript

00:00:22For more information, visit www.fema.org

00:00:54Davidina MacLeod and Hamish Stuart McKenzie,

00:00:58you are both indicted and charged with theft,

00:01:01contrary to Section 1 of the Theft Act 1968.

00:01:05The particulars of this offence being that you,

00:01:08on the 23rd of November 1975,

00:01:11stole a vehicle, a land oil tanker,

00:01:14the property of Polestar Petroleum.

00:01:17To this indictment, do you plead guilty or not guilty?

00:01:21Davidina MacLeod?

00:01:23Not guilty.

00:01:24Hamish Stuart McKenzie?

00:01:26Not guilty.

00:01:40Now, before this hearing begins,

00:01:42I would like to say something.

00:01:45I recall once reading in,

00:01:47well, in what was otherwise an excessively boring book,

00:01:50that anything may become a symbol at any time.

00:01:54And this would seem to apply to the cases in the court today.

00:01:59It has apparently acquired a character

00:02:03that transcends a merely simple case of theft.

00:02:08Nevertheless,

00:02:08I am determined that this case will be conducted

00:02:11in a proper and seemly fashion.

00:02:14And I shall deal severely with any interruptions

00:02:18or attempted demonstrations.

00:02:22The jury in this trial has been selected

00:02:25from members of the public,

00:02:26whose names appear on the electoral register

00:02:28and who are eligible for jury service.

00:02:31Mr. Latimore.

00:02:33My Lord.

00:02:33I call Marilyn Monroe.

00:02:55Take the Bible in your right hand.

00:02:57Read aloud the words on the card.

00:02:59I swear by almighty God

00:03:01that the evidence I shall give

00:03:02shall be the truth, the whole truth,

00:03:04and nothing but the truth.

00:03:07Now, is your full name Marilyn Monroe?

00:03:10Yes, it is.

00:03:11Yes, and you live at Fourth View,

00:03:12Nicholson Street, Grangemouth,

00:03:14Stirlingshire, Scotland.

00:03:15That's correct.

00:03:16And what is your occupation, Miss Monroe?

00:03:19I'm a telephonist in the Grangemouth office

00:03:22of Polestar Petroleum.

00:03:23And how long have you worked there?

00:03:25For about four years.

00:03:26Yes.

00:03:27Now, Miss Monroe,

00:03:27were you on duty on the morning

00:03:28of the 22nd of November, 1975?

00:03:32I was.

00:03:33And do you remember receiving

00:03:34a certain telephone call?

00:03:36Yes, quite clearly.

00:03:37Yes.

00:03:37Now, could you give the court

00:03:38more details about that telephone call?

00:03:41Well, it came in at precisely 11.27.

00:03:44Now, Miss Monroe,

00:03:45why are you able to pinpoint

00:03:46the time so accurately?

00:03:48Well, it was such a weird call

00:03:50that I made a note of the time.

00:03:51Yes, I see.

00:03:52Now, was the caller a man or a woman?

00:03:54It was a woman.

00:03:55What did this woman say?

00:03:57She said,

00:03:59Target, tanker.

00:04:01Tomorrow, termites.

00:04:03And what action did you take

00:04:04in response to this cryptic message?

00:04:07I contacted our head of security.

00:04:09Thank you, Miss Monroe.

00:04:11Miss Monroe,

00:04:12have you been a telephonist how long?

00:04:14Oh, for about,

00:04:16since I left school,

00:04:17for about 10 years.

00:04:18I should imagine

00:04:19all that experience makes you,

00:04:20whether you know it or not,

00:04:21an expert in human voices.

00:04:23Well, you know,

00:04:24you're so right.

00:04:25Yes.

00:04:25And accents, perhaps.

00:04:27Oh, yes,

00:04:27you get all of that,

00:04:29especially since all this

00:04:29tirry-y about the oil.

00:04:31Yes.

00:04:31Now, Miss Monroe,

00:04:32the woman who made this call to you,

00:04:34can you describe her accent?

00:04:37Well,

00:04:38was she Scotch?

00:04:40No.

00:04:43Scotch is whiskey.

00:04:44The woman who made the call

00:04:45was Scottish.

00:04:47Yes,

00:04:48my apologies,

00:04:49Miss Monroe.

00:04:50What can you tell us

00:04:51about her accent?

00:04:52It was a lowland accent.

00:04:54Yes.

00:04:55And sort of,

00:04:57well,

00:04:57sort of pan loaf.

00:04:59Ah,

00:05:00well,

00:05:00do you think you could

00:05:01explain that term for the court,

00:05:03Miss Monroe?

00:05:04Ah,

00:05:06oh,

00:05:06Jack,

00:05:07your hat's bashed flat.

00:05:12Miss Monroe?

00:05:13Well,

00:05:14that was someone saying,

00:05:15oh,

00:05:15Jack,

00:05:15your hat's bashed flat

00:05:17in a pan loaf accent.

00:05:18Ah,

00:05:19I see.

00:05:20Thank you,

00:05:20Miss Monroe.

00:05:21My Lord,

00:05:22with your permission,

00:05:23I'd like it to be possible

00:05:24that Miss Monroe

00:05:25should hear the defendant's

00:05:27Davideena MacLeod speak.

00:05:29Mr. Latimer?

00:05:30No objection,

00:05:30my Lord.

00:05:32Ah,

00:05:32Miss MacLeod,

00:05:33if you'll be so kind.

00:05:36The rose of all the world

00:05:37is not for me.

00:05:38I want for my part

00:05:40only the little white rose

00:05:41of Scotland

00:05:42that smells sharp and sweet

00:05:44and breaks the heart.

00:05:52I thought I had made myself

00:05:54abundantly clear

00:05:56in my opening remarks

00:05:57about this kind of interruption.

00:05:59Now,

00:05:59if it happens again,

00:06:01I shall immediately

00:06:02get to clear the court.

00:06:05Mr. Parsons.

00:06:07My Lord,

00:06:07now,

00:06:07Miss Monroe,

00:06:08you listened to Miss MacLeod

00:06:09carefully,

00:06:10didn't you?

00:06:10Yes,

00:06:11I did.

00:06:11Now,

00:06:12was there any resemblance

00:06:13between her voice

00:06:14and the voice of the woman

00:06:15who passed on the message

00:06:16to you?

00:06:17I would say

00:06:18none at all.

00:06:19Yes.

00:06:20Thank you,

00:06:20Miss Monroe.

00:06:21My Lord,

00:06:22I would like to avail myself

00:06:23of the permission

00:06:24already granted

00:06:25to my learned friend

00:06:26by asking the defendant,

00:06:29Davideena MacLeod,

00:06:30to speak once more.

00:06:31Very well.

00:06:32Miss MacLeod?

00:06:33Miss, yes.

00:06:35Now,

00:06:35would you mind

00:06:36saying something

00:06:37in what has been described

00:06:38in this court

00:06:39as a pan-loaf accent?

00:06:41Had you anything specific

00:06:42in mind?

00:06:43Well,

00:06:43actually,

00:06:44I hadn't,

00:06:44but now that you mention it,

00:06:45why not repeat the message

00:06:47that Miss Monroe received?

00:06:49Gladly,

00:06:49if you'll tell me what is.

00:06:51Target,

00:06:53tanker,

00:06:54tomorrow,

00:06:54termite.

00:06:56Target,

00:06:57tanker,

00:06:58tomorrow,

00:07:00termites.

00:07:01Yes,

00:07:02thank you.

00:07:03Well,

00:07:04Miss Monroe?

00:07:05Well,

00:07:06the accent's a bit much,

00:07:08perhaps.

00:07:09Yes,

00:07:09but did that sound

00:07:10like your mysterious caller?

00:07:14Yes,

00:07:14it did.

00:07:15Thank you very much,

00:07:16Miss Monroe.

00:07:17I call

00:07:18Peter Telfer.

00:07:24Peter Telfer.

00:07:35Take the Bible

00:07:35in your right hand,

00:07:37and read it out

00:07:37the words on the card.

00:07:39I swear by almighty God

00:07:40that the evidence

00:07:41I shall give

00:07:41shall be the truth,

00:07:42the whole truth

00:07:42and nothing but the truth.

00:07:44Your name is Peter

00:07:46Aloysius Telfer.

00:07:47Is that right?

00:07:49That's right.

00:07:50Sir?

00:07:51Yes.

00:07:52And you live at 115 Keir Hardie Road,

00:07:54Grangemouth,

00:07:55Stirlingshire in Scotland.

00:07:56Yes.

00:07:56What is your profession,

00:07:57Mr Telfer?

00:07:58I'm a long-distance lorry driver.

00:08:00And you are employed with

00:08:01Polestar Petroleum,

00:08:02are you not?

00:08:03I've been with him five and a half years,

00:08:04next Burns Night.

00:08:05Yes,

00:08:05now,

00:08:06Mr Telfer.

00:08:0625th of January to you.

00:08:10Yes,

00:08:10quite.

00:08:11Now,

00:08:11Mr Telfer,

00:08:12were you working on Tuesday,

00:08:14the 22nd of November,

00:08:161975?

00:08:17Yes,

00:08:17I was.

00:08:18I was taking one of the big tankers

00:08:19from Grangemouth to Fullchester.

00:08:21And did you leave Grangemouth

00:08:22at 2.15pm?

00:08:24On the dot,

00:08:25Jimmy.

00:08:26Mr Telfer,

00:08:28you will please address counsel

00:08:29in a more dignified manner.

00:08:32Well,

00:08:32everybody in Glasgow calls

00:08:33everybody else,

00:08:34Jimmy.

00:08:35That may very well be the case,

00:08:36but other parts of the country

00:08:38may not yet be ready

00:08:39for such a

00:08:41blatant democracy.

00:08:43Aye,

00:08:43okay,

00:08:44Judge.

00:08:45Thank you,

00:08:46my Lord.

00:08:47Mr Telfer,

00:08:49did you break your journey

00:08:50in Glasgow?

00:08:51Yes,

00:08:51I did.

00:08:52Always do.

00:08:53Go to an old mate of mine

00:08:54on Minerva Street.

00:08:55Jimmy Doherty.

00:08:56Used to drive the big motors

00:08:57till they got brewed up

00:08:58in a six-car pile-up.

00:08:59Now,

00:09:00was there a girl present

00:09:00at Mr Doherty's

00:09:01on that occasion?

00:09:02Aye,

00:09:02there was a wee bird present.

00:09:04Yes,

00:09:04now,

00:09:04can you see that wee bird

00:09:06here in court today?

00:09:08There she's sitting up there,

00:09:09next to Jackie Stewart.

00:09:11Jackie Stewart?

00:09:12That band part

00:09:12that smashed my motor up.

00:09:14Now,

00:09:14did your friend,

00:09:15Mr Doherty,

00:09:17ask you to do something

00:09:18for this girl?

00:09:19Yes,

00:09:19he asked me to give her a lift.

00:09:21Said she was a folk singer

00:09:22and that there was a gig

00:09:23waiting for her in Kendal

00:09:24if she could get there.

00:09:25Wee bird was brassic lint.

00:09:27Huh?

00:09:28Skint.

00:09:28Ah,

00:09:29yes,

00:09:29quite.

00:09:30Now,

00:09:30did you agree

00:09:31to give her a lift?

00:09:32Yes,

00:09:32I did.

00:09:33She was a friend

00:09:33of Teresa Gibson's.

00:09:35Well,

00:09:35I used to work

00:09:35for Teresa's old man.

00:09:37Yes,

00:09:37well,

00:09:37Mr Doherty,

00:09:37during your journey

00:09:38from Glasgow,

00:09:39did you have a conversation

00:09:40with Miss MacLeod.

00:09:41Ah,

00:09:42that's why you give folks lifts.

00:09:43Well,

00:09:44what subjects did you discuss?

00:09:46The bundle.

00:09:46I mean,

00:09:47you name it,

00:09:47we talked about it.

00:09:48Well,

00:09:48did you,

00:09:48for example,

00:09:49discuss politics?

00:09:50That's the one subject

00:09:51that everybody in Scotland

00:09:52is an expert on.

00:09:53Yes.

00:09:54Can you remember anything

00:09:56that Miss MacLeod said?

00:09:57Well,

00:09:58she was very heavy

00:09:59on the English.

00:10:00Said she hated to see

00:10:01an Englishman

00:10:02with a white woman.

00:10:05Really?

00:10:06Can you remember

00:10:07anything else?

00:10:08Yeah,

00:10:09she got all

00:10:10het up about oil.

00:10:11It was Scotland's oil,

00:10:12she said,

00:10:13and here was I

00:10:14driving it south

00:10:14to save England

00:10:15for going broke.

00:10:17Then she said,

00:10:18if I gave you the fee

00:10:19that I'm getting

00:10:20from this gig,

00:10:21would you turn your lorry

00:10:22round and take the oil

00:10:22back where it belongs?

00:10:24I told her to go

00:10:25and get raffled.

00:10:27Yes,

00:10:27Mr Selber,

00:10:28during the course

00:10:28of the journey,

00:10:29was there any further

00:10:29mention of

00:10:31Teresa Gibson?

00:10:32Yes.

00:10:33She said that

00:10:34Teresa Gibson

00:10:35was the Queen

00:10:36of the Catholic Mafia

00:10:37in Glasgow.

00:10:38Was that all

00:10:39she said about her?

00:10:40Yes.

00:10:41I think I discouraged her

00:10:42when I told her

00:10:43my middle name

00:10:44was Aloysius.

00:10:45Yeah.

00:10:46Now,

00:10:47Mr Selber,

00:10:47did you,

00:10:48that same night,

00:10:49about 9.15,

00:10:50stop for your second break?

00:10:52That's right.

00:10:53We stopped

00:10:53at Big Mabel's Cafe

00:10:54on the Kendall side

00:10:55of Shapp.

00:10:56Can you tell us

00:10:56what happened there?

00:10:58Well,

00:10:59I parked the motor

00:11:00and me and her

00:11:01went into the cafe

00:11:02and I asked her

00:11:03did she want

00:11:04something to eat

00:11:04and she said anything.

00:11:06But first,

00:11:06she had to go

00:11:07for a pee.

00:11:09Did the young lady

00:11:10fail to return

00:11:11and to rejoin you?

00:11:12Well,

00:11:13that's just what happened.

00:11:14I waited and waited,

00:11:15no joy.

00:11:17So I asked one

00:11:17of the waitresses

00:11:18to go and check

00:11:19in case she needed

00:11:19a plumber or something.

00:11:21You are saying,

00:11:22in fact,

00:11:22that she was away

00:11:23for an inordinate time?

00:11:25Yes.

00:11:25What did you then do,

00:11:27Mr Telfer?

00:11:28Went back to my

00:11:28bangers and chips.

00:11:29Mr Telfer?

00:11:31You seem to have

00:11:32accepted the disappearance

00:11:33of this young lady

00:11:34very calmly.

00:11:36Oh,

00:11:36well,

00:11:36you see,

00:11:37Your Honour,

00:11:37I mean,

00:11:38these skippers

00:11:39are headbangers.

00:11:41Skippers?

00:11:42Aye,

00:11:43we tats that travel

00:11:44up and down

00:11:44the motorway.

00:11:45The lads all call

00:11:45them skippers.

00:11:47Is that a new term

00:11:48for hitchhikers?

00:11:49Oh,

00:11:50no,

00:11:50sir,

00:11:50definitely not.

00:11:51I mean,

00:11:52no way.

00:11:52Oh,

00:11:52in what way

00:11:54does it differ?

00:11:55Well,

00:11:56to let you understand,

00:11:57Your Honour,

00:11:57you see,

00:11:58a hitchhiker

00:11:59is always going

00:11:59somewhere.

00:12:00I mean,

00:12:01you see them

00:12:01standing there

00:12:01by the roadside

00:12:02holding up a big

00:12:03chunk of cardboard

00:12:04with where they're going,

00:12:05written on it,

00:12:05you know,

00:12:06London,

00:12:07Inverness,

00:12:07Gary Salaam,

00:12:08or whatever.

00:12:09And this does not

00:12:10apply to skippers?

00:12:12Right.

00:12:13No,

00:12:13no,

00:12:13no.

00:12:13A skipper will get

00:12:14a lift from,

00:12:15say,

00:12:16Aberdeen to

00:12:16Southampton.

00:12:17Then she'll maybe

00:12:18pick up another lift

00:12:19to Bristol,

00:12:20and then maybe

00:12:21Bristol to Liverpool

00:12:22and so on.

00:12:23They spend their lives

00:12:24travelling in

00:12:25the lorry cabins.

00:12:28Extraordinary.

00:12:33Oh,

00:12:33I am so sorry.

00:12:35Oh,

00:12:36no.

00:12:36Now,

00:12:37Mr Silver,

00:12:38having had your

00:12:38second break,

00:12:40did you then

00:12:41leave the cafe

00:12:42in order to resume

00:12:43your journey?

00:12:44Well,

00:12:44that was intentions

00:12:45right enough.

00:12:46Yes,

00:12:46did something happen

00:12:46to prevent you

00:12:47from carrying out

00:12:48that intention?

00:12:49Aye,

00:12:50near lorry.

00:12:51Someone had taken

00:12:52your vehicle,

00:12:52is that correct?

00:12:53Correct.

00:12:53What did

00:12:54you then do?

00:12:55Phoned the police.

00:12:57Now,

00:12:57for how long

00:12:58had you left

00:12:59your vehicle

00:12:59unattended?

00:13:00Eh,

00:13:01half an hour,

00:13:02near enough.

00:13:03Tell me,

00:13:04Mr Silver,

00:13:04how far could

00:13:05your vehicle

00:13:06have travelled

00:13:07during the half hour

00:13:08in which you

00:13:08were absent?

00:13:09Oh,

00:13:10about 20 miles.

00:13:12Thank you,

00:13:12Mr Silver.

00:13:16Mr Telfar.

00:13:18Um,

00:13:21if you were asked

00:13:22to pick a girl

00:13:23as a decoy,

00:13:25what sort of qualities

00:13:26would you look for?

00:13:28Eh,

00:13:29well,

00:13:30first she'd have

00:13:31to be a looker,

00:13:32right?

00:13:32Well,

00:13:32I think we can

00:13:33take that for granted.

00:13:34And,

00:13:35eh,

00:13:36well,

00:13:37I think she'd have

00:13:38to be a hard wee cookie.

00:13:39Yes,

00:13:40what precisely

00:13:40do you mean by hard?

00:13:41Well,

00:13:42able to handle herself,

00:13:43you know.

00:13:44Anything else?

00:13:45Well,

00:13:46I,

00:13:47I mean,

00:13:47eh,

00:13:49do you think

00:13:49these qualities fit

00:13:50Ms McLeod?

00:13:51No.

00:13:52Eh,

00:13:52yes.

00:13:54No,

00:13:55and yes.

00:13:57I see.

00:13:59Now,

00:14:00Mr Telfar,

00:14:00I believe that

00:14:01lorry drivers

00:14:02as a group

00:14:02regard themselves

00:14:03as knights

00:14:04of the road.

00:14:06Some of us do,

00:14:07yes.

00:14:07Now,

00:14:07Mr Telfar,

00:14:08in the nightly circles

00:14:09you frequent,

00:14:10what's an artificial leg?

00:14:16Mr Telfar,

00:14:18you must answer

00:14:20the question.

00:14:22Well,

00:14:23an artificial leg

00:14:25is a,

00:14:25is a piece of wood

00:14:27that we sometimes

00:14:28use to keep

00:14:29the accelerator jammed down.

00:14:30On what occasions

00:14:31would it be used?

00:14:35Would it be used,

00:14:36for example,

00:14:37to release a driver,

00:14:39shall we say,

00:14:41being serviced

00:14:42by one of those

00:14:42Madonnas of the motorway,

00:14:43a skipper working

00:14:44her passage?

00:14:45What has that

00:14:46got to do with it?

00:14:47Mr Telfar,

00:14:48is it not the case

00:14:48that during the journey

00:14:49from Glasgow

00:14:50you behaved towards

00:14:51Ms McLeod

00:14:52as you'd have behaved

00:14:52towards the lowest

00:14:53of skippers?

00:14:55Did you not insult her,

00:14:56both physically

00:14:57and verbally?

00:14:59Did you not

00:15:00force your attentions

00:15:01upon her to the extent

00:15:02she took the first

00:15:02available opportunity

00:15:03of running away?

00:15:04She did not run away.

00:15:05It was all part

00:15:06of the plan

00:15:06between her

00:15:07and Stuart Mackenzie.

00:15:09Now,

00:15:09let me refresh

00:15:09your memory

00:15:10for a moment,

00:15:11Mr Telfar.

00:15:11You said that

00:15:12Ms McLeod

00:15:12was absent

00:15:13for half an hour.

00:15:14Aye,

00:15:14near enough.

00:15:15Yes.

00:15:15How long are you

00:15:15allowed for your break?

00:15:17Half an hour?

00:15:18Yes.

00:15:18So that when you

00:15:18went back to your lorry,

00:15:20you were acting

00:15:20the same way

00:15:21as you would have done

00:15:22had Ms McLeod

00:15:22not been a passenger.

00:15:24What do you mean?

00:15:25What I'm trying

00:15:26to put to you

00:15:26is this,

00:15:27Mr Telfar.

00:15:27If you took

00:15:28your normal

00:15:28half-hour break,

00:15:29you could in no way

00:15:30have been suspicious

00:15:31of Ms McLeod.

00:15:32So how can you

00:15:33then say

00:15:33that you believed

00:15:34she was acting

00:15:34as a decoy?

00:15:39Oh,

00:15:40come on,

00:15:40do you think

00:15:40my bloody heat

00:15:41buttons up the back

00:15:42or something,

00:15:42Jimmy?

00:15:42Mr Telfar.

00:15:49TV lawyers.

00:15:57You are

00:15:58Police Constable

00:15:59Ian Murdoch Alcock

00:16:01of the Cumberland Police

00:16:02stationed in Kenville.

00:16:03That is correct, sir.

00:16:04And in the early morning

00:16:05of November the 23rd, 1975,

00:16:07you were on duty

00:16:08in Pandacar XBC 1003.

00:16:12At approximately 0045 hours

00:16:14on the 23rd of November 1975,

00:16:16I had reached

00:16:17in the course of my patrol

00:16:18a spot known

00:16:19to local ornithologists

00:16:20as Hoverhawk Hill.

00:16:21Yes, now,

00:16:22from this position,

00:16:23did you notice

00:16:23something unusual?

00:16:25Yes,

00:16:25a tremendous red glow

00:16:26in the sky

00:16:27to the northwest,

00:16:28a huge fire of some sort.

00:16:29Can you describe

00:16:30before the court

00:16:31what you saw?

00:16:32Well, sir,

00:16:33it was most impressive.

00:16:34There was an area

00:16:36roughly circular

00:16:37about 50 yards

00:16:38in diameter

00:16:38that was one great

00:16:39sheet of flames.

00:16:40In the centre

00:16:41was a white-hot mass

00:16:42which could be identified

00:16:43as a large articulated lorry

00:16:46which had finally

00:16:46come to rest

00:16:47upside down.

00:16:48There was a horrible

00:16:49smell of burning oil

00:16:50and a disgusting stench

00:16:52of roasting flesh

00:16:53and burning wool.

00:16:54Roasting flesh

00:16:56and burning wool?

00:16:58The lorry had landed

00:16:59among a flock

00:16:59of sheep, my lord.

00:17:00Now, Constable Alcock,

00:17:02did you form any opinion

00:17:03as to the cause

00:17:04of the accident?

00:17:05Well, the 100 yards

00:17:07before the scene

00:17:08of the accident

00:17:09is downhill, sir.

00:17:11The road's

00:17:11in a shocking state.

00:17:12It's bounded

00:17:13on either side

00:17:14by dry stone dikes

00:17:15and the landscape

00:17:17falls away

00:17:18sharply downwards.

00:17:19This creates

00:17:19a sort of optical illusion

00:17:21which makes

00:17:22the downward gradient

00:17:23of the road

00:17:23appear much less

00:17:24than it really is.

00:17:25Well, go on, please.

00:17:26Well, it seemed to me, sir,

00:17:27this was the primary

00:17:28cause of the accident.

00:17:30These monstrous machines

00:17:31require specialist handling.

00:17:33They have to break

00:17:34far sooner

00:17:35than ordinary lorries

00:17:36because of the movement

00:17:37of the liquid

00:17:38in the tanks.

00:17:39Why do you describe

00:17:40these vehicles

00:17:40as monstrous machines?

00:17:43Because, my lord,

00:17:43that is what I believe

00:17:44them to be.

00:17:46Aesthetically,

00:17:47ecologically,

00:17:48in a very possible way.

00:17:50Oh.

00:17:50You feel strongly

00:17:52on the subject, constable.

00:17:53Yes, my lord.

00:17:54I believe that

00:17:55small is beautiful.

00:17:56If you believe that,

00:17:57you hypocrite,

00:17:58why aren't you back home

00:17:59fighting for Scotland?

00:18:03Pirates in court!

00:18:04Mr. Stuart McKenzie,

00:18:07your position

00:18:08as defendant

00:18:09does not exclude you

00:18:11from the warning

00:18:11I have already issued

00:18:13in this court.

00:18:17Mr. Lattermore.

00:18:18My lord.

00:18:19Constable,

00:18:19did you eventually decide

00:18:21to take up your position

00:18:22at the top of this hill

00:18:23which you have described?

00:18:24Yes, sir.

00:18:25My idea was to forewarn

00:18:26the others coming

00:18:27of the danger

00:18:28which I have also described.

00:18:29Yes, quite.

00:18:30Now, did something happen

00:18:31as you were driving

00:18:32up the hill?

00:18:32Yes, sir.

00:18:33I had a sudden impression

00:18:34of movement

00:18:35on the other side

00:18:35of the dry stone dike

00:18:36on the right-hand side

00:18:37of the car.

00:18:38I immediately

00:18:39stopped the vehicle

00:18:40and went over

00:18:41and looked over the wall.

00:18:42A man was

00:18:43cowering down behind it.

00:18:45Do you recognise

00:18:45that man here

00:18:46in court today?

00:18:47Yes, sir.

00:18:47The defendant,

00:18:48Stuart McKenzie.

00:18:49Did you say anything

00:18:49to him?

00:18:50Yes, sir.

00:18:51I said,

00:18:52did you have anything

00:18:53to do with that

00:18:53blazing lorry down there?

00:18:55Did he reply?

00:18:56Yes.

00:18:56He said,

00:18:57piss off,

00:18:57I've broken my ankle.

00:19:01Now, Constable Alcock,

00:19:03you were alone

00:19:04with Stuart McKenzie

00:19:05for some time,

00:19:06were you not?

00:19:06Twenty-three and a half minutes, sir.

00:19:08What happened

00:19:09during that time?

00:19:10Well, initially,

00:19:11Stuart McKenzie

00:19:12was in some pain,

00:19:13but once I'd administered

00:19:14first aid to his ankle,

00:19:15he was disposed

00:19:17to conversation.

00:19:18Yes, well,

00:19:18tell us about that

00:19:19conversation, Constable.

00:19:20Well, sir,

00:19:20the first thing he said was,

00:19:22do you realise

00:19:23that perhaps

00:19:24four hundred years ago

00:19:25on a night such as this,

00:19:26our ancestors

00:19:27were probably taken

00:19:28and stolen English cattle

00:19:29along this very place

00:19:31we're sitting in.

00:19:32And then he embarked

00:19:33on a monologue.

00:19:34He began with

00:19:35Edward I,

00:19:36Longshanks,

00:19:37and his cruel,

00:19:39bitter,

00:19:39and ultimately

00:19:40unsuccessful attempts

00:19:41to subjugate the Scots.

00:19:43He said that

00:19:43Edward I,

00:19:44who did not speak English,

00:19:46formed the English

00:19:47ruling class mind,

00:19:48arrogant,

00:19:49cunning rather than clever,

00:19:50and above all,

00:19:51legalistic.

00:19:53Edward used to

00:19:53forge documents

00:19:54which gave him

00:19:55legal rights

00:19:56to illegal usurpations.

00:19:58Well,

00:19:58Stuart McKenzie said

00:19:59that this argued

00:20:00a rudimentary conscience

00:20:01which the English

00:20:02had since lost.

00:20:03Nowadays,

00:20:04irrespective of their politics,

00:20:06they are still thieves,

00:20:07colonial thieves,

00:20:08and everyone knew

00:20:10that people in power

00:20:11never gave up the power

00:20:12without violence,

00:20:13and that therefore

00:20:14the Scots would have

00:20:14to fight to keep their oil

00:20:16as they had to fight

00:20:17to keep any sense

00:20:18of identity

00:20:18for centuries past.

00:20:20Constable,

00:20:21is all that on

00:20:22one page

00:20:23of your notebook?

00:20:25My handwriting's

00:20:26very small,

00:20:26formal law.

00:20:28Constable,

00:20:29did you say anything

00:20:30in reply

00:20:31to all that?

00:20:33I said, sir,

00:20:34that I could not

00:20:35find it in my heart

00:20:37to disagree with him.

00:20:40Thank you,

00:20:40Constable.

00:20:42Constable Alcott,

00:20:43there was a rather

00:20:44macabre moment

00:20:45in your evidence-in-chief

00:20:46when you mentioned

00:20:47the roasting flesh

00:20:48and burning wool.

00:20:49Oh, yes,

00:20:50the sheep, sir.

00:20:50Yes, you mentioned

00:20:51the blazing lorry

00:20:52had landed in

00:20:53among a flock of sheep.

00:20:54Is that correct?

00:20:55That is correct, sir.

00:20:56Was the entire flock

00:20:58killed instantaneously?

00:21:00By no means, sir.

00:21:01What actually happened?

00:21:03Well, sir,

00:21:04some of them

00:21:04were killed outright,

00:21:05of course,

00:21:06but others

00:21:07were running around

00:21:08blazing all over the place.

00:21:10So,

00:21:11I put a shot

00:21:12into the poor beasts.

00:21:14You were armed?

00:21:17Yes,

00:21:18with a shotgun.

00:21:20My own private property

00:21:21happened to be

00:21:22in the back

00:21:23of my vehicle.

00:21:24And, of course,

00:21:25not for your protection,

00:21:26Constable.

00:21:26Oh, no, my lord,

00:21:27for rabbits and hares.

00:21:29And other things

00:21:30that are small

00:21:32and beautiful?

00:21:39Mr. Parsons.

00:21:40Constable Alcott,

00:21:41you made absolutely

00:21:42no mention

00:21:43of the plight

00:21:43of these poor creatures

00:21:44when you reported

00:21:45back to headquarters.

00:21:46A question of priorities, sir.

00:21:48What precisely

00:21:48were those priorities?

00:21:51I'm sorry,

00:21:52I don't understand, sir.

00:21:53I'm suggesting to you,

00:21:54you were not carrying

00:21:55that gun

00:21:55for rabbits and hares,

00:21:57but because you've been told

00:21:58there might be

00:21:59bigger game afoot

00:22:00that night.

00:22:01No, sir.

00:22:02And that you knew

00:22:03that the constables

00:22:03who were coming

00:22:04to join you

00:22:05were armed as well.

00:22:07I knew nothing

00:22:07of the sort, sir.

00:22:15One moment,

00:22:16Mr. Parsons.

00:22:17Mm-hmm.

00:22:27Ladies and gentlemen,

00:22:28I have just received

00:22:29a message

00:22:30that a bomb warning

00:22:32is in operation.

00:22:34I shall therefore ask you

00:22:35to clear the court.

00:22:37We will dispense

00:22:38with customary ritual.

00:22:41Take down the defendant.

00:22:46Now, my dear Collins,

00:22:49we cannot have

00:22:50one of her majesty's justices

00:22:52seen to be the first

00:22:53to abandon ship.

00:22:54Now, will members

00:22:55of the jury

00:22:56please file out?

00:23:00Now, members

00:23:01of the public

00:23:11will all officers

00:23:13of the court

00:23:13please leave?

00:24:04The cases in Forchester are fictitious.

00:24:07Join us tomorrow when the Queen against MacLeod and Mackenzie

00:24:10will be resumed in the Crown Court.

00:24:26My name is Raymond Cornelius Burdenbank.

00:24:28I'm a superintendent in the special branch, Strathclyde Police.

00:24:32I'm stationed in Glasgow.

00:24:42Davidino MacLeod and Hamish Stewart Mackenzie

00:24:44are charged with stealing an oil tanker lorry.

00:24:47Evidence for the prosecution is still being given.

00:24:50The jury in this trial has been selected from members of the public,

00:24:53whose names appear on the electoral register

00:24:55and who are eligible for jury service.

00:24:57It's quite a tough area in which to serve.

00:24:59Now, superintendent, what was the situation

00:25:02on the morning of the 22nd of November, 1975?

00:25:06The situation was that we knew a tanker was going to be attacked.

00:25:09We knew the organisation that had planned the attack

00:25:12and we even knew the people that were going to carry out the attack.

00:25:15How did you know that, superintendent?

00:25:18Information received, my lord.

00:25:20Hmm.

00:25:21Mr. Lattimore Banker, my lord.

00:25:23Now, you say, superintendent, that you knew who the people were

00:25:27who were going to carry out this attack.

00:25:28Yes, sir.

00:25:29Can you see those people here in court today?

00:25:32I really must object, my lord.

00:25:33If my learned friend is going to establish identity at this early stage,

00:25:37surely he must establish a pattern of event information and deduction

00:25:41pointing in the direction of that identity.

00:25:42I am inclined to agree, Mr. Varsen.

00:25:45Well, as your lordship pleases.

00:25:48Now, on the night we have mentioned, superintendent,

00:25:50who was in charge of the anti-hijack operation?

00:25:53I was.

00:25:54Where were you operating from?

00:25:55Police station Kendall.

00:25:57At what time did things begin to happen?

00:25:59About quarter to one in the morning.

00:26:00Well, what was the sequence of events?

00:26:02Well, I suppose the kick-off was when Constable Alcock phoned in

00:26:06reporting a crashed tanker in flames

00:26:09at the foot of a place known as Hoverhawk Hill.

00:26:11Well, on that report, what action did you take?

00:26:13I immediately set off in a police car.

00:26:16And when I got to the scene,

00:26:17Constable Alcock was standing beside a man who was seated in the grass.

00:26:21The man's right leg was sticking out straight in front of him.

00:26:25And his right ankle had been roughly splintered.

00:26:28Yes.

00:26:28Now, is the man you saw here in court today?

00:26:32Yes.

00:26:32The defendant, Hamish Stuart McKenzie.

00:26:35Did he say something to you that evening?

00:26:37He said, look at me, busy bee.

00:26:40I fell off the back of a lorry.

00:26:43Yes.

00:26:43Now, did you later on that same evening interview

00:26:47the accused Hamish Stuart McKenzie?

00:26:49I did.

00:26:50Where did this interview take place?

00:26:52Ward 7 of the Cottage Hospital in Kendall.

00:26:54Now, on that occasion, did you charge Hamish Stuart McKenzie?

00:26:57I did.

00:26:59He then said he wished to make a statement.

00:27:00So I wrote the caution at the top of the statement,

00:27:03which he then signed.

00:27:04Now, will you please read that statement to the court,

00:27:06Exhibit 4, please?

00:27:15Astonishingly, I find myself charged

00:27:16by Superintendent Raymond Burnbank

00:27:18with the crime of theft.

00:27:20I am at a loss to understand this,

00:27:22since all I did was simply to repossess Scottish oil,

00:27:26which had been arbitrarily and illegally taken away

00:27:29from the Scottish people

00:27:30without due property,

00:27:32without proper authority or cause.

00:27:34Now, after he made that statement,

00:27:36did you ask him if he wished to alter it in any way?

00:27:39I did, and he said no, and he then signed it.

00:27:41Now, can you now tell us what happened

00:27:43with regard to the other accused, Davidina MacLeod?

00:27:46Well, at about 11.20 on the 23rd of November,

00:27:50I received a telephone call

00:27:52from the Marine Division Police Station in Glasgow,

00:27:54telling me that Miss MacLeod had returned to the city.

00:27:57As a result of this call, what did you do?

00:27:59I went straight to Glasgow,

00:28:00went to the flat where Miss MacLeod lives,

00:28:02but I had to knock several times in the door

00:28:04before she answered.

00:28:05Well, when she finally opened the door,

00:28:07did she say anything?

00:28:08She said,

00:28:10Christ, Burnbank,

00:28:11you have been reading your Gestapo manual again.

00:28:13It's four o'clock in the bloody morning.

00:28:15Yes, now, what in actual fact was the time?

00:28:19Oh, just about 2 a.m.

00:28:20Did you then take her into custody?

00:28:22I did.

00:28:23Has Miss MacLeod also made a statement?

00:28:25She has.

00:28:26Where was this statement made?

00:28:27Marine Division Police Station in Glasgow.

00:28:30After she was charged?

00:28:31Yes.

00:28:32After she was charged,

00:28:33she said she would like to make a statement.

00:28:34So I wrote the caution at the top of the statement,

00:28:38which she then signed.

00:28:39Yes, now, will you please read that statement to the court?

00:28:41Exhibit 5, please.

00:28:46I wish to deny emphatically

00:28:48being in any way involved

00:28:50in the so-called theft of an oil tanker lorry

00:28:52from outside the motorway cafe

00:28:55called Big Mabel's on the outskirts of Kendall.

00:28:58My presence there at the time of the incident

00:29:00was purely coincidental.

00:29:01The occurrences arising from the fact

00:29:04they had actually hitchhiked south

00:29:06in the actual lorry that was later taken away.

00:29:08The reason for my journey south

00:29:10was to fulfil an engagement

00:29:11which had been offered to me

00:29:13by Mrs. Theresa Gibson

00:29:14and which subsequently turned out

00:29:16never to have existed.

00:29:18Well, after she made the statement,

00:29:20I asked her if she wanted to change it in any way.

00:29:22She said no.

00:29:23She then signed the statement.

00:29:24Yes.

00:29:24My lord, the Mrs. Theresa Gibson

00:29:26referred to in the statement

00:29:27will be giving evidence later.

00:29:29Now, Superintendent Burnback,

00:29:32how would you describe the accused,

00:29:34Hamish Stuart McKenzie?

00:29:36I would describe him

00:29:37as a highly dangerous subversive.

00:29:40Yes.

00:29:40And the accused, Damadina MacLeod?

00:29:43In the same category.

00:29:44My lord, up until now,

00:29:46we've had the trial of two people

00:29:48with certain political ideas

00:29:50and a charge of theft.

00:29:52The introduction of Superintendent Burnback's opinions

00:29:56is a dangerous tendency

00:29:57to alter the whole course and nature

00:29:59of these proceedings

00:30:00to result in two people

00:30:02with certain political ideas

00:30:03being tried for holding

00:30:05these political ideas.

00:30:06Well, I would respectfully submit,

00:30:09my lord,

00:30:10that any change in the character

00:30:11of this trial,

00:30:12if indeed there has been a change,

00:30:14comes less from what my learned friend

00:30:16calls Superintendent Burnback's opinions

00:30:18than from the opinions

00:30:20of my learned friend's client,

00:30:21Hamish Stuart McKenzie,

00:30:23on the exclusively Scottish ownership

00:30:26of North Sea Oil.

00:30:27Hmm.

00:30:28I can see merit in both arguments.

00:30:32My own feeling is

00:30:34that we have here

00:30:35a delicate balance

00:30:36which it is a matter

00:30:37for the jury to consider.

00:30:40That being so,

00:30:41I am prepared to uphold

00:30:43the line taken

00:30:44by the prosecuting counsel.

00:30:47Would you like to please this?

00:30:48Thank you, my lord.

00:30:50Now, Superintendent,

00:30:51you have described

00:30:51Hamish Stuart McKenzie

00:30:52as a highly dangerous subversive.

00:30:55Can you tell us why?

00:30:56Well, he's openly a Republican

00:30:58and anti-monarchist.

00:31:00On two occasions,

00:31:01he has visited

00:31:01the Chinese embassy in London.

00:31:03He keeps open house

00:31:05for known Breton extremists

00:31:07and he publishes

00:31:08a sort of broadsheet

00:31:10called The Trustees,

00:31:12which he's declared

00:31:12to be the voice

00:31:13of the national anarchist.

00:31:15Yes, quite.

00:31:16Now, in which way

00:31:17is Davidina MacLeod

00:31:19inclined politically?

00:31:21In the special branch,

00:31:22we call her Trilby.

00:31:24Well, would you please

00:31:24explain that reference?

00:31:26Well, Trilby's a character,

00:31:28a heroine in a novel,

00:31:29a Victorian novel,

00:31:30I think.

00:31:31She wasn't a very clever girl,

00:31:33but she became a great singer

00:31:35through the evil genius

00:31:36of a man called Svengali.

00:31:39Well, without him,

00:31:41she was nothing.

00:31:42Are you saying

00:31:43that Miss MacLeod

00:31:45was Trilby

00:31:46to Mr Stuart McKenzie's

00:31:48Svengali

00:31:49and that without him

00:31:51she was nothing?

00:31:53Well, I would prefer

00:31:54to look at it

00:31:55from another angle,

00:31:55my lord.

00:31:57And what angle

00:31:57is that, Superintendent?

00:31:59But while she is with him,

00:32:01she's a very,

00:32:02very dangerous woman.

00:32:03Oh, thank you, Superintendent.

00:32:05Mr Latton?

00:32:06I have no more questions,

00:32:07my lord.

00:32:09Superintendent,

00:32:10you have made

00:32:11what I can only call

00:32:12a sort of blanket accusation

00:32:14against Mr Stuart McKenzie.

00:32:17I'd like to take

00:32:18the various accusations

00:32:19one by one,

00:32:19if I may.

00:32:21You said, first of all,

00:32:22that Mr Stuart McKenzie

00:32:24was openly Republican

00:32:25and anti-monarchy.

00:32:27Is that right?

00:32:27That is right.

00:32:28The Superintendent,

00:32:29a recent poll

00:32:30in one of the Scottish papers

00:32:31says that 40% of the Scots

00:32:33now want independence.

00:32:35All the other polls

00:32:36agree that the figure

00:32:37is 22%.

00:32:39Well, whatever

00:32:40the actual figure,

00:32:41the independence

00:32:42carries with it

00:32:43the democratic idea.

00:32:45Now, you're not going

00:32:46to label, what,

00:32:47a million or so

00:32:48of your fellow countrymen

00:32:50subversives.

00:32:51Obviously not.

00:32:52But surely Mr Stuart McKenzie

00:32:55is one of that

00:32:55million or so people.

00:33:01Now, on two occasions

00:33:03he has visited

00:33:04the Chinese embassy

00:33:05in London.

00:33:07Now, is it not true,

00:33:08Superintendent,

00:33:09that on the first occasion

00:33:10Mr Stuart McKenzie

00:33:11was accepting

00:33:12on behalf of a dead friend

00:33:14an award for service

00:33:15to the Chinese community

00:33:17in Glasgow?

00:33:19Are the Chinese in Glasgow

00:33:20subversive to a man?

00:33:22I should imagine not.

00:33:25I'm afraid, Superintendent,

00:33:26you imagine too much.

00:33:30The second visit

00:33:31to the Chinese embassy

00:33:33was as a member

00:33:33of the Scottish-Chinese

00:33:35Friendship Society.

00:33:36Now, another member

00:33:37of that delegation

00:33:38was the Lord Provost

00:33:39of Glasgow.

00:33:40I'm not suggesting

00:33:41the Lord Provost

00:33:42of Glasgow

00:33:42as a subversive.

00:33:44No, sir.

00:33:47Open house

00:33:48for Breton extremists.

00:33:50Do you know

00:33:50a man in Glasgow

00:33:51called Jacques Pilou?

00:33:53Oh, I know the man.

00:33:54Yes.

00:33:55What do you know

00:33:55about him?

00:33:56He's a member

00:33:57of the Free Breton Society.

00:33:59Yes.

00:33:59Is he an active member?

00:34:01They have no

00:34:02inactive members.

00:34:03Has he ever

00:34:03been in trouble?

00:34:05Never been able

00:34:06to probably prove

00:34:06anything against them.

00:34:08Hmm.

00:34:08I suppose that's

00:34:09a special branch

00:34:10way of saying no.

00:34:11My Lord, I protest

00:34:12that is a most

00:34:13improper remark.

00:34:14I thoroughly agree.

00:34:16Mr Parsons,

00:34:17would you please

00:34:18refrain from

00:34:19making provocative

00:34:21comments?

00:34:22Very good, my Lord.

00:34:24Superintendent Burnback,

00:34:26what is Pilou's

00:34:27connection with

00:34:27Hamish Stuart Mackenzie?

00:34:29Oh, they're

00:34:30frequently in each

00:34:30other's company.

00:34:31They visit each

00:34:32other's houses.

00:34:33They share

00:34:34public platforms

00:34:35together.

00:34:36Yes.

00:34:36Is Jacques Pilou

00:34:37married?

00:34:38Yes.

00:34:39Do you know

00:34:40his wife's maiden

00:34:41name?

00:34:44Well, do you,

00:34:45Superintendent?

00:34:46I do, yes.

00:34:47Will you please

00:34:48tell the court

00:34:49what it is?

00:34:50Ursula Stuart Mackenzie.

00:34:54Is she an activist?

00:34:57You could say that.

00:34:58She's got nine children.

00:35:03Well, that leaves

00:35:03only one thing

00:35:04in your list

00:35:05of Hamish Stuart

00:35:05Mackenzie's transgression,

00:35:07sir.

00:35:07His broadsheet called

00:35:08a trustee.

00:35:09I have here

00:35:11two issues of it,

00:35:12exhibits two and

00:35:13three.

00:35:14Are you familiar

00:35:15with this publication,

00:35:16Superintendent Burnback?

00:35:18Oh, I wouldn't miss

00:35:19a single one

00:35:19of its erratic

00:35:20appearances.

00:35:21Good.

00:35:21Well, I'd like you

00:35:22to look at the one

00:35:22that is marked

00:35:24exhibit three.

00:35:25Yes.

00:35:26On page five,

00:35:27there's a column there

00:35:28I had it drops

00:35:29from the eaves.

00:35:29Do you see it?

00:35:31I see it, yes.

00:35:32Yes.

00:35:33It's almost like

00:35:33a gossip column

00:35:34in a more conventional

00:35:35magazine.

00:35:36Would you agree?

00:35:37Almost, yes.

00:35:38Yes.

00:35:38Now, I'm going to read

00:35:39out the third item.

00:35:41It says,

00:35:43Promotion to Superintendent

00:35:44is announced

00:35:45for Special Branch

00:35:46Hardman

00:35:46Chief Inspector

00:35:47Burnbank.

00:35:48Busy B,

00:35:49as he is known,

00:35:50is one of the late

00:35:51ex-province Malone's

00:35:52altar boys.

00:35:54Old Bugsy Malone,

00:35:56probably Glasgow's

00:35:57greatest ever

00:35:57political gymnast,

00:35:58was said to be able

00:36:00to kick people

00:36:00upstairs while

00:36:02they were kissing

00:36:02his arse.

00:36:05Now, have you

00:36:06any comment to make

00:36:07on that, Superintendent?

00:36:11Only that, uh,

00:36:13I would like to see

00:36:14whoever wrote

00:36:15the scene

00:36:15at home alone's face.

00:36:17Yes, but the

00:36:18inference is that

00:36:19he was using

00:36:19his influence

00:36:20to further your career.

00:36:22Well, he was

00:36:23very kind to me,

00:36:24but I certainly

00:36:25was never one

00:36:25of his, uh,

00:36:26altar boys.

00:36:28Yes.

00:36:29I see.

00:36:32Now, Superintendent,

00:36:33in, uh,

00:36:35Daffodina MacLeod's

00:36:36statement,

00:36:37there is a mention

00:36:38of a Mrs.

00:36:39Theresa Gibson.

00:36:40Ah, there is.

00:36:41Now, is Mrs.

00:36:42Theresa Gibson

00:36:43the daughter

00:36:43of the late

00:36:44ex-province Malone?

00:36:45Ah, she is.

00:36:46Yes.

00:36:47And is she

00:36:47a very close friend

00:36:48of yours?

00:36:50Yes.

00:36:51Yes.

00:36:52Thank you,

00:36:53Superintendent.

00:36:55Now, Superintendent,

00:36:56there are such things

00:36:57as front

00:36:58organisations,

00:36:59are there not?

00:37:00Oh, indeed, yes.

00:37:01How would you define one?

00:37:03Well, a front organisation

00:37:04is an organisation

00:37:05on the surface

00:37:07engaged in legal

00:37:08and even praiseworthy

00:37:09activities.

00:37:11But the real business

00:37:12goes on in the bike shop

00:37:13and it's neither legal

00:37:15nor praiseworthy.

00:37:16Yes, quite.

00:37:16Right, and the Scottish

00:37:17Chinese Friendship Society

00:37:19could fall into that

00:37:20category, could it not?

00:37:21Ah, quite easily.

00:37:23And would you agree

00:37:23that the million or so

00:37:24Scots who allegedly

00:37:26want independence

00:37:27are not all running

00:37:28about stealing

00:37:29and wrecking lorries?

00:37:31No, they are not.

00:37:32And you are convinced

00:37:33that Hamish Stuart

00:37:34Mackenzie

00:37:35is a dangerous

00:37:36subversive?

00:37:38I am.

00:37:39And a man is known

00:37:40by the company

00:37:41he keeps.

00:37:42Thank you,

00:37:43Superintendent.

00:37:45Superintendent Birnbank,

00:37:46would you not agree

00:37:47that the oil

00:37:48in the

00:37:50Polestar Petroleum

00:37:51lorry tanker

00:37:53belong to

00:37:53the Scottish people?

00:37:56Well, whoever

00:37:57it belongs to

00:37:57certainly doesn't

00:37:59belong to

00:38:00Hamish Stuart

00:38:01Mackenzie.

00:38:13I call

00:38:15Mary Teresa

00:38:16Gibson.

00:38:18Mary Teresa

00:38:19Gibson.

00:38:30Take the Bible

00:38:31in your right hand.

00:38:32Read aloud the words

00:38:33on the card.

00:38:34I swear by

00:38:35Almighty God

00:38:36that the evidence

00:38:36I shall give

00:38:37shall be the truth,

00:38:38the whole truth,

00:38:39and nothing but the truth.

00:38:41Is your full name

00:38:43Mary Teresa Gibson?

00:38:45Yes.

00:38:45And you live at

00:38:46Flat 34

00:38:47Lyster Court,

00:38:48Glasgow 2,

00:38:48in Scotland?

00:38:49Yes, I do.

00:38:49Are you married

00:38:50or single?

00:38:51Married,

00:38:52but I'm separated

00:38:53from my husband.

00:38:54And how do you

00:38:54earn your living,

00:38:55Mrs Gibson?

00:38:56Well, now,

00:38:57that's quite a question.

00:38:59I deal extensively

00:39:01in antiques,

00:39:02I run a model agency,

00:39:04and one that

00:39:04handles entertainers.

00:39:06And as if that

00:39:07wasn't enough,

00:39:08I'm also very active

00:39:09in local politics.

00:39:11And do you hold

00:39:12any position

00:39:12in local government?

00:39:14Not at the moment.

00:39:15No, you can

00:39:15hold the point

00:39:16that was so long.

00:39:17Thanks.

00:39:19Are you, um,

00:39:21are you acquainted

00:39:21with the defendants,

00:39:23Mrs Gibson?

00:39:24I am.

00:39:24Are you particularly

00:39:25acquainted with

00:39:26Davidina MacLeod?

00:39:28Well, I did tend

00:39:29to see more of her

00:39:30than of Mr Stuart Mackenzie,

00:39:32because of me running

00:39:33the entertainment agency.

00:39:34Yes, quite.

00:39:35Was she a client of yours?

00:39:36Well, actually, no.

00:39:39I mean,

00:39:39I don't normally

00:39:41handle folk singers.

00:39:42Can't stand them,

00:39:43actually.

00:39:44Most of them

00:39:45aren't singers,

00:39:46and some of them

00:39:47aren't even folk.

00:39:49Well, please go on.

00:39:50Well, frankly,

00:39:52speaking as a businesswoman,

00:39:54Davidina just isn't commercial.

00:39:56I mean,

00:39:57she restricts herself

00:39:58to such dreary material,

00:40:00old Scottish songs

00:40:01that nobody understands anymore,

00:40:03and all that political stuff.

00:40:06Political songs?

00:40:08I think protest

00:40:09is the word they use.

00:40:11She writes a lot

00:40:12of her own songs,

00:40:13and some of them

00:40:14are outrageous.

00:40:16Then again,

00:40:17she has a very small voice.

00:40:19Quite good, you know,

00:40:21but small.

00:40:22And she's absolutely

00:40:23no sense

00:40:24of how to present herself.

00:40:26Just stands there

00:40:27and sings,

00:40:29with her hair blinding her,

00:40:31and her clothes

00:40:32looking like she got them

00:40:33secondhand from a tatty bogle.

00:40:36Still,

00:40:37I did manage

00:40:38to put the occasional

00:40:39wee job her way.

00:40:40Yes, now, Mrs Gibson,

00:40:41Davidina MacLeod has said

00:40:42in a statement

00:40:43read before this court

00:40:45that on the night

00:40:46of the 22nd of November 1975,

00:40:48she was in Kendall

00:40:50as a result

00:40:51of being offered

00:40:52a job by you.

00:40:54Now, did you, in fact,

00:40:55ever offer her

00:40:56any such engagement?

00:40:58That is utter fantasy.

00:41:02Yes.

00:41:02Thank you, Mrs Gibson.

00:41:04Mrs Gibson,

00:41:05it would be almost true

00:41:07to say, would it not,

00:41:08that you are a member

00:41:09of a political dynasty.

00:41:12Yes.

00:41:13Almost like the Kennedys

00:41:15in America.

00:41:17Well, I hope not

00:41:18to like them.

00:41:20Now, your father

00:41:21was Lord Provost

00:41:22of Glasgow at one time.

00:41:23And a right old

00:41:24chanty-rassler he was too,

00:41:25Mr Telford.

00:41:28My father

00:41:30was Lord Provost Malone,

00:41:31a fine,

00:41:32highly respected man.

00:41:34Oh, come on.

00:41:35I'll work for him.

00:41:36He was so bloody big,

00:41:37he had front and rear lights.

00:41:38Remove that man at once.

00:41:41Eh?

00:41:52I'm not disturbed,

00:41:53Mrs Gibson.

00:41:54How long did you yourself

00:41:55hold public office?

00:41:57I was a ward councillor

00:41:58for Garangad East

00:42:00in Glasgow

00:42:00for five years.

00:42:02Yes.

00:42:02Until when,

00:42:03Mrs Gibson?

00:42:03Up until the last

00:42:04local elections.

00:42:05Yes.

00:42:05And did you lose

00:42:06your seat then

00:42:07to the candidate

00:42:07who represented

00:42:08the Scottish National Party?

00:42:10After three recounts.

00:42:11Quite.

00:42:12The Scottish National Party

00:42:13has been doing remarkably well

00:42:15in local elections recently,

00:42:16has it not?

00:42:17They've been quite successful.

00:42:19The newspaper comment

00:42:20sees it as making

00:42:21significant breakthroughs

00:42:22in the Industrial Belt,

00:42:24previously dominated

00:42:24by your party.

00:42:25There's a strong feeling

00:42:27that your party

00:42:28is running scarce.

00:42:29There's a Glasgow saying,

00:42:30if you believe

00:42:32all you read

00:42:32in the papers,

00:42:33you'll eat

00:42:34all you see.

00:42:36Couldn't you ask me

00:42:37something about antiques?

00:42:39Well, perhaps.

00:42:41That's what I am doing.

00:42:44Now, Mrs Gibson,

00:42:45are you familiar

00:42:45with this publication

00:42:46called The Trustee?

00:42:48I am.

00:42:49It's sold round

00:42:49the pubs in Glasgow.

00:42:51More accurately,

00:42:52certain pubs in Glasgow.

00:42:54Well, I'd like you

00:42:55to look at page four

00:42:56on this issue,

00:42:57Exhibit two.

00:42:58Now, there's a column

00:42:59there headed

00:43:02drops from the eaves.

00:43:04The second last item.

00:43:07Mrs Theresa Gibson,

00:43:09filler dealer,

00:43:10party hack,

00:43:11and perverter of flesh

00:43:11with the media,

00:43:12is opening a new

00:43:13antique shop in Edinburgh.

00:43:16Appropriately enough,

00:43:17it's in the grass market.

00:43:19Very cheap

00:43:19and very nasty.

00:43:21Yes.

00:43:21Now, grass market confers

00:43:22that you are a police informer,

00:43:24does it not, Mrs Gibson?

00:43:25I suppose so.

00:43:26People like myself

00:43:28are always the target

00:43:29of stuff like that.

00:43:30Yes.

00:43:31Now, Mrs Gibson,

00:43:33is Superintendent

00:43:33Burnbank a friend

00:43:35of your family's?

00:43:36Yes,

00:43:37and has been

00:43:37ever since I was

00:43:38quite young.

00:43:39Yes.

00:43:40And did your father

00:43:40use his influence

00:43:41to further his career?

00:43:43Not really.

00:43:44My father was

00:43:45a firm believer

00:43:46in people helping themselves.

00:43:48How do you want

00:43:49helping other

00:43:50patients?

00:43:51And I ask you,

00:43:54who are you laughing at,

00:43:55you bastard?

00:43:57Aye, you, Stuart McKenzie,

00:43:58you double-barreled twit.

00:44:00It's you that writes

00:44:00all the rubbish

00:44:01for the stinking rags.

00:44:03We know all about you,

00:44:04Stuart McKenzie,

00:44:05and that wee tart beside you.

00:44:07We'll sort you both out.

00:44:08Now, control yourself,

00:44:09Mrs Gibson.

00:44:15I beg the court's

00:44:16pardon, my lord.

00:44:18So you should.

00:44:21When you are ready,

00:44:22Mr Parson.

00:44:23My lord,

00:44:24Mrs Gibson,

00:44:25you made a statement

00:44:25just now.

00:44:26We'll sort you both out.

00:44:28Who did you mean

00:44:29by we?

00:44:30I meant myself

00:44:32and the people

00:44:32of the party

00:44:33I belong to.

00:44:34Yes, you didn't perhaps

00:44:34mean Superintendent

00:44:35Burnbank and yourself.

00:44:37Certainly not.

00:44:40Thank God.

00:44:45Mr Lattimore better

00:44:46than that.

00:44:48Mr Gibson,

00:44:48I believe you're on record

00:44:49as saying that if Scotland

00:44:50gains its independence,

00:44:51you will go into exile.

00:44:52Is that correct?

00:44:53Yes.

00:44:54I am one of thousands

00:44:55of Scots who feel like that.

00:44:56Surely that argues

00:44:57a tremendous hatred

00:44:58for the nationalist cause.

00:45:00I hate it

00:45:02because I think it is evil.

00:45:04And perhaps because

00:45:05it threatens a small,

00:45:06cosy political empire.

00:45:09and to be all

00:45:09thank you,

00:45:10Mrs Gibson.

00:45:11No further questions,

00:45:12my lord.

00:45:13Thank you,

00:45:13Mrs Gibson.

00:45:19Usher,

00:45:20would you please

00:45:21give that to his lordship?

00:45:23Yes.

00:45:24Is this the net

00:45:25I saw being passed

00:45:26by someone in the court?

00:45:27It is,

00:45:27my lord.

00:45:30Well,

00:45:31do you wish me to

00:45:32do something about this,

00:45:34Mr...

00:45:35Well,

00:45:35with your permission,

00:45:35my lord,

00:45:36I feel I have no option

00:45:37but to recall

00:45:38Miss Marilyn Monroe

00:45:40to the witness stand.

00:45:42Very well.

00:45:43Thank you,

00:45:44my lord.

00:45:44Marilyn Monroe...

00:45:49Miss Monroe,

00:45:51Miss Monroe,

00:45:53would you mind

00:45:54telling us

00:45:55what you wrote

00:45:56in that note?

00:45:57I wrote

00:45:58that Mrs Gibson's voice

00:45:59was the voice

00:46:00I heard on the telephone.

00:46:02Now,

00:46:02at what point

00:46:02in Mrs Gibson's evidence

00:46:04did you receive

00:46:05this sudden

00:46:06flash of illumination?

00:46:08It was where she said,

00:46:10this is utter fantasy.

00:46:12Please go on.

00:46:13Right,

00:46:14when I heard that

00:46:15I thought,

00:46:16aha,

00:46:16so I listened

00:46:17very carefully

00:46:18and then I heard

00:46:19the very word.

00:46:20What word was that?

00:46:21Target.

00:46:23She said,

00:46:24people like myself

00:46:25are always a target.

00:46:27Yes,

00:46:27but now,

00:46:27Miss Monroe,

00:46:28you have had already

00:46:29two rather

00:46:31inconclusive

00:46:31identifications

00:46:32to your credit,

00:46:33have you not?

00:46:34This is different.

00:46:35Miss Monroe,

00:46:37can you now

00:46:38say positively

00:46:39that the voice

00:46:40you heard

00:46:41was that

00:46:42of Mrs Therese's

00:46:43Sir Gibson?

00:46:45Well,

00:46:46I wouldn't go

00:46:47as far as that,

00:46:48Your Honour.

00:46:48I'm afraid

00:46:49you will have to

00:46:50go as far as that,

00:46:51otherwise you're

00:46:52wasting the court's time.

00:46:55Well,

00:46:57it could just as well

00:46:58have been her voice.

00:46:59No stronger than that.

00:47:02Miss Monroe,

00:47:03did you hear

00:47:04what I said?

00:47:06Yes,

00:47:07Your Honour,

00:47:08but I just

00:47:09don't think

00:47:10Davidina MacLeod

00:47:11did it.

00:47:36The cases in

00:47:40are fictitious.

00:47:41Join us tomorrow

00:47:41when the Queen

00:47:42against MacLeod

00:47:43and Mackenzie

00:47:43will be concluded

00:47:44in the Crown Court.

00:48:07Davidina MacLeod

00:48:08and Hamish

00:48:08Stewart

00:48:09McKenzie

00:48:09are accused

00:48:10of stealing

00:48:10an oil tanker lorry.

00:48:12The trial

00:48:12is in its final day

00:48:13and the defence

00:48:14is about to present

00:48:15its case.

00:48:16The jury in this trial

00:48:17has been selected

00:48:18from members of the public

00:48:19whose names appeared

00:48:20on the electoral register

00:48:21and who are eligible

00:48:22for jury service.

00:48:25Your name is

00:48:26Davidina Esther MacLeod.

00:48:27Yes.

00:48:28And you live

00:48:29at 25 Rothman Terrace,

00:48:30Glasgow.

00:48:31Yes.

00:48:32Now what do you do

00:48:32for a living,

00:48:33Miss MacLeod?

00:48:34I'm a professional

00:48:34folk singer.

00:48:35Yes.

00:48:36Do you handle

00:48:37your own business affairs

00:48:38or do you work

00:48:39through an agent?

00:48:39I handle my own affairs.

00:48:41Yes.

00:48:41Were you offered

00:48:42any professional engagement

00:48:44on the 22nd of November

00:48:451975?

00:48:47Yes, I was.

00:48:48Yes.

00:48:48Can you remember

00:48:49who offered you

00:48:49that engagement?

00:48:50Mrs. Teresa Gibson.

00:48:52Yes.

00:48:53And what were the details

00:48:54of the engagement?

00:48:55It was a folk concert

00:48:56in Kendall

00:48:57at the Methodist Church Hall.

00:48:58Yes.

00:48:59Now, Mrs. Gibson

00:49:00offered you this engagement

00:49:01although I believe

00:49:02she detests

00:49:03your politics.

00:49:05Mrs. Gibson's

00:49:06own politics

00:49:06have a sort of

00:49:07chameleon quality.

00:49:09Put them on top

00:49:09of a bank note

00:49:10and they turn the colour

00:49:11of money.

00:49:12Yes.

00:49:14Mr. Glad,

00:49:15how long have you

00:49:15known Mrs. Gibson?

00:49:17Nearly seven years.

00:49:18Can you remember

00:49:18the first time

00:49:19you met her?

00:49:20Yes, it was

00:49:21at a local branch

00:49:22meeting of the Labour Party.

00:49:23Yes.

00:49:24Can you remember

00:49:24a conversation

00:49:25you had with her

00:49:25that night?

00:49:26Yes, it was about

00:49:27the great need

00:49:28the party had

00:49:29for all the bright

00:49:30young people like me

00:49:31and the golden

00:49:32opportunities it offered

00:49:33to bright young people

00:49:34like me,

00:49:35blah, blah, blah.

00:49:36The man who drove

00:49:37me home that night

00:49:38was more direct.

00:49:38He said Teresa

00:49:40can make her

00:49:41break you

00:49:41in this town.

00:49:42Yes.

00:49:43Now, who was that

00:49:43man, Mrs. Maclyde?

00:49:46Superintendent Burnbank.

00:49:48Yes.

00:49:49Now, Mrs. Maclyde,

00:49:49can we get back

00:49:50to this engagement

00:49:51that Mrs. Gibson

00:49:51offered you?

00:49:52What happened

00:49:53after you had

00:49:54accepted it?

00:49:55Well, I had to

00:49:56get there somehow.

00:49:57I was a bit

00:49:57strapped for money

00:49:58so I decided

00:49:59to try and hitchhike.

00:50:01Yes.

00:50:01And when you were

00:50:02hitchhiking,

00:50:02Mrs. Maclyde,

00:50:03did you suffer

00:50:04an unpleasant experience

00:50:05at the hands

00:50:05of a Mr. Telfer?

00:50:07Hands is right.

00:50:08When we reached

00:50:09the cafe,

00:50:09I was out

00:50:10of that cabin

00:50:10before the tanker

00:50:11had stopped rolling.

00:50:12My first instinct

00:50:14was to get

00:50:14to where there

00:50:14were people.

00:50:15Is that why

00:50:16you ran inside

00:50:16the cafe?

00:50:17Yes.

00:50:18Then when I got

00:50:19inside,

00:50:19they were all

00:50:20sitting around

00:50:20there and they

00:50:21looked up and,

00:50:22Jesus,

00:50:22they were all

00:50:23Telfer's.

00:50:24So I sort of

00:50:25panicked again

00:50:26and went and

00:50:26shut myself

00:50:27in the bog.

00:50:27Yes.

00:50:28And then what

00:50:29happened,

00:50:29Mrs. Maclyde?

00:50:30Well, I told

00:50:31myself to calm

00:50:32down and I

00:50:32sorted my hair

00:50:33and slipped

00:50:34quietly out of

00:50:35the loo

00:50:35and started

00:50:36to suss the

00:50:36place out.

00:50:38There was a

00:50:38passage filled

00:50:39with crates

00:50:39of empty

00:50:40milk bottles.

00:50:41It led to

00:50:42the back

00:50:42of the

00:50:42calf,

00:50:43fields stretching

00:50:44away,

00:50:45lights in the

00:50:46distance.

00:50:47I just kept

00:50:47walking.

00:50:49To Kendall?

00:50:50Yes.

00:50:51I found the

00:50:52Methodist Church

00:50:53Hall.

00:50:54They'd never

00:50:54heard of any

00:50:55concert.

00:50:56Yes.

00:50:56So what did

00:50:57you do then,

00:50:58Miss Maclyde?

00:50:59I tried to

00:50:59phone Mrs. Gibson.

00:51:00Yes.

00:51:01Were you able

00:51:01to contact her?

00:51:02No.

00:51:05And did you

00:51:06then go back

00:51:06to Glasgow?

00:51:07No.

00:51:08I'd asked

00:51:08down the night

00:51:08in a hostel.

00:51:09The next day

00:51:10I walked back

00:51:11to Big Mabel's

00:51:11and waited for a

00:51:12lift.

00:51:12I see.

00:51:13When did you

00:51:13get back to

00:51:14Glasgow?

00:51:15I got home

00:51:16about half

00:51:17past eleven.

00:51:18I was in bed

00:51:18and asleep

00:51:19before midnight.

00:51:20Yes.

00:51:20And what

00:51:20happened then,

00:51:21Miss Maclyde?

00:51:22I was wakened

00:51:23by somebody

00:51:24pounding on

00:51:25my door.

00:51:26I opened up

00:51:26and there was

00:51:27busy being

00:51:28another policeman.

00:51:29Yes.

00:51:29Did you say

00:51:30something to

00:51:31Superintendent

00:51:31Birnbank?

00:51:32I said

00:51:33something to

00:51:34him about

00:51:34the Gestapo.

00:51:35He told me

00:51:35to get dressed

00:51:36that he was

00:51:37taking me in.

00:51:37Yes.

00:51:38What else

00:51:38did he say

00:51:38to you?

00:51:39When the

00:51:40other policeman

00:51:40was out

00:51:41of the room

00:51:41he said

00:51:42we've got

00:51:42the boy

00:51:43with a

00:51:43hyphen

00:51:43too.

00:51:44Now,

00:51:45meaning

00:51:45Mr Stuart

00:51:45Mackenzie?

00:51:47Yes.

00:51:47Did you

00:51:48reply to

00:51:48that?

00:51:49Yeah,

00:51:50I said

00:51:50this is

00:51:50a fit

00:51:51up

00:51:51Birnbank.

00:51:52You're

00:51:52fitting

00:51:52me

00:51:52up.

00:51:53You

00:51:53and

00:51:53that

00:51:54bloody

00:51:54Catholic

00:51:54mafia

00:51:55bird

00:51:55of

00:51:55yours

00:51:55are

00:51:56fitting

00:51:56me

00:51:56up.

00:52:01Now,

00:52:02Miss Maclyde,

00:52:03what reason

00:52:04do you have

00:52:04for making

00:52:05the accusation

00:52:06you've just

00:52:06made

00:52:06against

00:52:07Mrs Theresa

00:52:07Gibson?

00:52:08She

00:52:09hates

00:52:09my guts.

00:52:10Why?

00:52:11Because

00:52:11she thinks

00:52:11I was the

00:52:12cause of

00:52:12her being

00:52:13bombed out

00:52:13the last

00:52:14local

00:52:14elections.

00:52:15Can you

00:52:16explain that

00:52:16to the

00:52:17court?

00:52:18Long before

00:52:18polling day,

00:52:19all the young

00:52:20people in the

00:52:20party,

00:52:21people like

00:52:22myself,

00:52:23the bright-eyed,

00:52:24bushy-tailed

00:52:24youngsters Mrs Gibson

00:52:25wanted to

00:52:26encourage and open

00:52:27golden doors for,

00:52:29well, we were all

00:52:30pissed off with

00:52:31Mrs Gibson and our

00:52:32gang, so we got

00:52:33together and made

00:52:34a plan.

00:52:35And what was the

00:52:36plan?

00:52:37The day before

00:52:38polling day, we

00:52:39called a press

00:52:39conference.

00:52:40There were eight

00:52:41of us and we

00:52:42announced that

00:52:42we were resigning

00:52:43from the party

00:52:44because we no

00:52:45longer felt it

00:52:45was a democratic

00:52:46party and it

00:52:48had become

00:52:48simply a caucus

00:52:49dedicated to

00:52:50preserving its

00:52:50own power and

00:52:51nothing else.

00:52:53We accused it

00:52:54of graft,

00:52:55mismanagement,

00:52:56the lot.

00:52:57We said we

00:52:58were prepared to

00:52:58provide chapter

00:52:59and verse to

00:53:00substantiate our

00:53:01accusations.

00:53:02The papers

00:53:03played it up

00:53:04big the next

00:53:04day.

00:53:05Yes, and do

00:53:06you think that

00:53:06as a result of

00:53:07these activities

00:53:08Mrs Gibson lost

00:53:09the election?

00:53:10I do.

00:53:11And what are

00:53:12you suggesting

00:53:12was her reaction?

00:53:14Well, you heard

00:53:15her say in this

00:53:16courtroom that she

00:53:17regarded herself as

00:53:18a member of a

00:53:19political dynasty.

00:53:20I saw her Glasgow

00:53:22Kennedy clan.

00:53:23So what had

00:53:24happened to her was

00:53:24a kind of blasphemy

00:53:26and she wasn't

00:53:27going to forget

00:53:27the ringleader,

00:53:28me.

00:53:29Say, Miss MacLeod,

00:53:30will you tell the

00:53:30court what you

00:53:31think she did?

00:53:32I think she

00:53:33trumped up this

00:53:34whole case against

00:53:35me.

00:53:36I think the people

00:53:37responsible are

00:53:38Superintendent Burnbank

00:53:39and Mrs Theresa

00:53:40Gibson.

00:53:41Yes.

00:53:42Thank you,

00:53:42Miss MacLeod.

00:53:43Miss MacLeod,

00:53:44you are now a

00:53:45member of another

00:53:46political party,

00:53:47are you not?

00:53:48I am.

00:53:49What is the name

00:53:50of that party?

00:53:51It's called

00:53:52Trustees for

00:53:52Scotland.

00:53:53And would that

00:53:54trusteeship include

00:53:55the question of

00:53:56North Sea Oil?

00:53:58Scottish Oil.

00:54:00Scottish Oil?

00:54:01The oil's Scottish

00:54:02and should stay in

00:54:03Scotland.

00:54:04And if it does

00:54:05not, then people

00:54:06like you will

00:54:06fetch it back.

00:54:08You've heard my

00:54:09statement.

00:54:10My presence at the

00:54:11cath that night

00:54:12was pure coincidence.

00:54:13As my experience,

00:54:14Miss MacLeod tends

00:54:15to suggest that

00:54:16most pure

00:54:17coincidences,

00:54:18when examined

00:54:19closely, turn out

00:54:20to be impure

00:54:21falsehoods.

00:54:23Now, the

00:54:24trustees for

00:54:25Scotland.

00:54:26Is Hamish

00:54:27Stuart McKenzie

00:54:27also a member

00:54:28of that organisation?

00:54:30Yes.

00:54:31Is he the leader

00:54:31of the organisation?

00:54:33We don't have

00:54:34leaders.

00:54:35We are structured

00:54:35latterly, not

00:54:36vertically.

00:54:37That doesn't

00:54:38mean you have

00:54:38to lie down

00:54:39in your sight

00:54:39to question us.

00:54:40I'm grateful

00:54:41for the concession.

00:54:42Now, Miss MacLeod,

00:54:44what are the

00:54:44avowed aims

00:54:45of your organisation?

00:54:46There's only one

00:54:47aim, complete

00:54:48independence for

00:54:49Scotland.

00:54:50And Scottish

00:54:50Oil for

00:54:51Scottish people.

00:54:53Yes, that too.

00:54:55Now, you

00:54:56are a folk

00:54:57singer, Miss

00:54:58MacLeod, are

00:54:58you not?

00:54:59I am.

00:55:00And show

00:55:00business is a

00:55:01harsh, competitive

00:55:02world.

00:55:03It can be.

00:55:04To survive in it,

00:55:05you have to have

00:55:05your wits about

00:55:06you.

00:55:06Yes.

00:55:07There are a lot

00:55:07of sharks around.

00:55:09Yes.

00:55:10And yet, you

00:55:11have successfully

00:55:11managed to survive

00:55:12in this world for

00:55:13several years, Miss

00:55:14MacLeod, have you

00:55:15not?

00:55:15Yes.

00:55:16And you now ask

00:55:17us to believe that

00:55:18you shot off to

00:55:19Kendall on receipt

00:55:20of an alleged

00:55:21telephone call

00:55:22without checking

00:55:22out one single

00:55:24item?

00:55:24I do.

00:55:26Extraordinary.

00:55:27Especially when

00:55:27the alleged

00:55:28telephone call

00:55:28came from a

00:55:29woman whom, on

00:55:30your own

00:55:31statement, you

00:55:32had every reason

00:55:33to distrust and

00:55:34suspect.

00:55:35Now, Miss

00:55:36MacLeod, let us

00:55:37turn to your

00:55:38escape from a

00:55:39fate worse than

00:55:40death at the

00:55:41hands of Peter

00:55:42Telfer, the

00:55:42lorry driver.

00:55:43You say that you

00:55:44were very upset

00:55:45by this experience.

00:55:46And so I was.

00:55:48And yet, just

00:55:49over 12 hours

00:55:50after this

00:55:50devastating

00:55:51experience, you

00:55:53are back at the

00:55:53cafe and trying

00:55:54to hitch a return

00:55:55lift to Glasgow.

00:55:56Yes.

00:55:57Well, I think that

00:55:58shows an almost

00:55:59incredible resilience

00:56:00on your part,

00:56:01Miss MacLeod.

00:56:01Would you not

00:56:02agree?

00:56:02No.

00:56:03Or perhaps it

00:56:04merely shows the

00:56:06qualities of being

00:56:06the hard wee

00:56:08cookie which Peter

00:56:09Telfer, the lorry

00:56:10driver, referred to

00:56:11as being essential,

00:56:12in his opinion, for

00:56:14the role of a

00:56:14successful decoy.

00:56:17No way.

00:56:17I suggest, Miss

00:56:19MacLeod, that when

00:56:20you went out to the

00:56:21back of the cafe, you

00:56:22contacted Hamish

00:56:23Stuart McKenzie, and

00:56:24as soon as he and

00:56:25the lorry had gone,

00:56:26you then decided that

00:56:28your role as a decoy

00:56:29was no longer

00:56:30necessary, and you

00:56:31set off to Kendall.

00:56:32That's nonsense.

00:56:33Yes, I think you may

00:56:34well be a connoisseur of

00:56:35nonsense, Miss MacLeod.

00:56:37For instance, this

00:56:38allegation that

00:56:39Superintendent

00:56:39Birnbank and

00:56:41Mrs. Gibson

00:56:41decided to fit you

00:56:43up, as you call it,

00:56:44is also nonsense.

00:56:47No!

00:56:47I suggest that it is a

00:56:50smear tactic against two

00:56:52people who represent

00:56:53twin enemies, the

00:56:55police and your

00:56:56political opposition.

00:56:57I deny that.

00:56:59A smear tactic which

00:57:00you saw as a useful,

00:57:01if somewhat melodramatic,

00:57:03redheading to divert

00:57:04attention from yourself,

00:57:06from Hamish Stuart

00:57:07McKenzie, and from the

00:57:08theft of a tanker filled

00:57:10with oil.

00:57:10Ho-hum!

00:57:25I call Hamish Stuart

00:57:27McKenzie.

00:57:38Take the Bible in your

00:57:39right hand.

00:57:40You allow the words on

00:57:41the card.

00:57:42I swear by Almighty God

00:57:43that the evidence I shall

00:57:44give shall be the truth,

00:57:45the whole truth, and

00:57:46nothing but the truth.

00:57:49Your name is Hamish

00:57:50Charles Stuart McKenzie?

00:57:52It is.

00:57:53And you live at 57

00:57:53Robertson Avenue, Glasgow?

00:57:55I do.

00:57:56What is your profession,

00:57:57Mr. Stuart McKenzie?

00:57:58I'm a writer and

00:57:59freelance journalist.

00:58:00Yes.

00:58:01Now, Mr. Stuart McKenzie,

00:58:02you have made a statement

00:58:03which was read out in

00:58:04court, have you not?

00:58:05Yes.

00:58:06And in that statement

00:58:07you say that you are

00:58:07astonished to find

00:58:08yourself in a charge of

00:58:10theft, am I right?

00:58:11You are.

00:58:12Why are you astonished,

00:58:13Mr. Stuart McKenzie?

00:58:15The trouble with

00:58:16Scotland is that God

00:58:17created it upside down.

00:58:19You have read Buckle,

00:58:21haven't you?

00:58:22Um, I'm afraid not.

00:58:24George Bernard Shaw

00:58:25was right.

00:58:26The English do not

00:58:27deserve to have

00:58:27great men.

00:58:29Well, it might be

00:58:30better, Mr. Stuart McKenzie,

00:58:31if we stick to one point

00:58:32at a time.

00:58:33I've every intention

00:58:34of doing that,

00:58:35I assure you.

00:58:36And can we return

00:58:37to your astonishment

00:58:37at finding yourself

00:58:38on this charge?

00:58:39No, let's return

00:58:41to Buckle first.

00:58:42I'm sure the court

00:58:43would like to know

00:58:43why he wrote in

00:58:44one of his books

00:58:45that Scotland was

00:58:46unfortunate in being

00:58:47upside down.

00:58:48Well, I...

00:58:49His thesis was

00:58:50that most countries

00:58:50have natural boundaries

00:58:52which tend also

00:58:53to become natural

00:58:54defences,

00:58:55mountains,

00:58:56rivers, etc.

00:58:57And within these

00:58:58defences,

00:58:59a national culture

00:59:00and economy

00:59:01can develop

00:59:01with a minimum

00:59:02of hindrance

00:59:03and interference.

00:59:05Unfortunately,

00:59:06in the case of Scotland,

00:59:08the mountains

00:59:08which should be

00:59:09the barrier

00:59:09are all in the north,

00:59:11and the south,

00:59:12with its fertile plains

00:59:13and resources,

00:59:14is left totally

00:59:15defenceless

00:59:16against an aggressive

00:59:17and avaricious neighbour

00:59:19with ten times

00:59:20the population.

00:59:21Mr Stuart McKenzie,

00:59:22how far back

00:59:24is your defence

00:59:25liable to take us

00:59:26into the mists

00:59:27of history?

00:59:29I am not here

00:59:30defending myself,

00:59:32my lord.

00:59:32I do not acknowledge

00:59:33having committed

00:59:34any crime,

00:59:35and therefore

00:59:36no defence is necessary.

00:59:38However,

00:59:39if I were to be

00:59:39defending myself,

00:59:41I have always understood

00:59:42that the best defence

00:59:43is defence in depth.

00:59:45That is a sound

00:59:47military precept,

00:59:49Mr Stuart McKenzie,

00:59:50but the law

00:59:51is apt to lay

00:59:52more stress

00:59:52on the simple

00:59:53issue of relevance.

00:59:55Am I to infer

00:59:57from that,

00:59:58my lord,

00:59:58that you are imposing

00:59:59something like

01:00:00a guillotine procedure

01:00:01in Parliament?

01:00:02I am as little

01:00:04in favour

01:00:04of guillotine procedures

01:00:06as I am

01:00:07of filibusters.

01:00:09And I must point out

01:00:11to you,

01:00:11Mr Stuart McKenzie,

01:00:12that you are doing

01:00:13your case

01:00:13little or no good

01:00:14by adopting

01:00:16this attitude.

01:00:16The last reason

01:00:18of the king

01:00:18is always the sword.

01:00:21Yes.

01:00:22And, um,

01:00:24patriotism,

01:00:24Mr Stuart McKenzie,

01:00:26has been defined

01:00:28as the last refuge

01:00:30of a scoundrel.

01:00:31Now, that was said

01:00:32by an Englishman,

01:00:33my lord,

01:00:33and no doubt

01:00:35reflects the English

01:00:36experience.

01:00:38Hmm.

01:00:40Proceed,

01:00:41Mr Parson.

01:00:42Thank you,

01:00:42my lord.

01:00:43Mr Stuart McKenzie,

01:00:43am I right in thinking

01:00:44it is your contention

01:00:46that this court

01:00:46has neither validity

01:00:47nor authority

01:00:48to try this present case?

01:00:50That is my firm conviction.

01:00:52On what grounds

01:00:53do you base

01:00:54this conviction?

01:00:55On the grounds

01:00:56that this court

01:00:56is pre-empting

01:00:57a decision

01:00:58upon a claim

01:00:59that should first of all

01:01:00be passed upon

01:01:01by a higher court.

01:01:02What court is that,

01:01:03Mr Stuart McKenzie?

01:01:04The Court of Human Rights

01:01:05and the Hague.

01:01:06And can you tell us

01:01:07what that claim is?

01:01:08That Scotland ceased

01:01:09to be part

01:01:10of the United Kingdom

01:01:11250 years ago

01:01:12and has since been

01:01:14a separate

01:01:15and independent nation.

01:01:16Yes.

01:01:17What is that claim founded?

01:01:19On persistent

01:01:20and flagrant breaches

01:01:21of the Act of Union

01:01:221707.

01:01:25I see.

01:01:26Ah, Mrs Stuart McKenzie,

01:01:28could you then

01:01:28detail for the court

01:01:30what you consider

01:01:31to be the actual

01:01:32breaches

01:01:33of this treaty?

01:01:34The Scottish Mint.

01:01:36Mint?

01:01:36Mint.

01:01:37The only place

01:01:38you can be sure

01:01:38of making money?

01:01:39Yes, of course.

01:01:40Article 16 of the Treaty

01:01:41of Union stipulated

01:01:42that a mint

01:01:43shall be continued

01:01:44in Scotland

01:01:44under the same rules

01:01:46as applied

01:01:46to the mint

01:01:47in England.

01:01:48Yes.

01:01:48And this was not

01:01:49adhered to?

01:01:49The Edinburgh Mint

01:01:50did not produce

01:01:51one single coin

01:01:52after 1710,

01:01:53three years after

01:01:54the Union.

01:01:55And the English Parliament

01:01:56finally abolished it

01:01:57in 1817.

01:01:59Yes.

01:01:59Are there any other

01:02:00instances to put forward,

01:02:01Mr Stuart McKenzie?

01:02:02Article 20.

01:02:03What did that deal

01:02:04with?

01:02:05Heritable rights

01:02:05and jurisdiction.

01:02:07And what exactly

01:02:07were they,

01:02:08Mr Stuart McKenzie?

01:02:09Well, they were

01:02:09feudal courts.

01:02:10No big noble

01:02:11was complete

01:02:12without them.

01:02:13They were his own

01:02:14law courts

01:02:14where he or his

01:02:15representative

01:02:16could try cases

01:02:17and announce

01:02:18new estate laws.

01:02:19Yes.

01:02:20How extensive

01:02:20were the powers

01:02:21of these feudal courts?

01:02:22Oh, how extensive

01:02:23can you get?

01:02:24They had what was

01:02:25called the right

01:02:25of pit and gallows.

01:02:27The right of pit

01:02:28meant that they could

01:02:29lock you up

01:02:29and throw away the key.

01:02:30And the gallows bit

01:02:31is self-explanatory,

01:02:32is it not?

01:02:33It is.

01:02:35Now, what did

01:02:36Article 20 have to say

01:02:38about these feudal courts?

01:02:40That notwithstanding

01:02:41the treaty,

01:02:41they were to be

01:02:42reserved to their

01:02:43owners as rights

01:02:44of property.

01:02:45And these rights,

01:02:46I take it,

01:02:47were abolished?

01:02:48In 1747.

01:02:51The 1745 rebellion

01:02:52scared London,

01:02:53you see.

01:02:53Mr. Stuart McKenzie,

01:02:55I do not want

01:02:56the jury to get

01:02:57the impression

01:02:58that you are

01:02:58deploring the

01:03:00passing of

01:03:01these feudal practices.

01:03:03I take it, of course,

01:03:04that you do not.

01:03:05I think we were

01:03:06well rid of them,

01:03:06my lord.

01:03:10My lord.

01:03:11Mr. Stuart McKenzie,

01:03:12so far we have

01:03:13alleged breaches

01:03:13of Article 16

01:03:15and Article 20.

01:03:16Have you any

01:03:16further examples?

01:03:18I think we've got enough.

01:03:19Enough?

01:03:20For what?

01:03:20Enough to show

01:03:21the contract's been broken.

01:03:22You don't believe

01:03:23in the adage,

01:03:24Mrs. Stuart McKenzie,

01:03:25the more the merrier.

01:03:26I could throw in

01:03:27the treason act.

01:03:28Yes.

01:03:29The English scrapped

01:03:30ours and gave us

01:03:30theirs.

01:03:31Now, there was

01:03:31a sweet little number,

01:03:32specially invented

01:03:33by Edward I

01:03:34to deal with

01:03:35William Wallace.

01:03:35Did you know that?

01:03:36Actually, I didn't.

01:03:37Well, I'll give you

01:03:38the recipe to take home.

01:03:39First, catch your patriot,

01:03:41then hang him

01:03:42for a wee while,

01:03:43but not too fatally.

01:03:45Then cut him down,

01:03:46and with a good

01:03:47sharp knife,

01:03:47remove the intestines.

01:03:49Let's stand

01:03:50for a wee while,

01:03:51and then cut him

01:03:52to quarters.

01:03:53This innovation

01:03:54became known

01:03:54as being hung,

01:03:55drawn, and quartered.

01:03:57Yes, well,

01:03:58perhaps you were right,

01:03:59Mr. Stuart McKenzie,

01:04:00when you said

01:04:00enough is enough.

01:04:01Shall we sum up?

01:04:02Why not?

01:04:03It is your

01:04:05assertion that,

01:04:05because of various

01:04:06breaches of the

01:04:07Treaty of Union,

01:04:081707,

01:04:09that that treaty

01:04:10is now,

01:04:10and has been,

01:04:12for the past

01:04:13250 years,

01:04:14null and void.

01:04:15Well, exactly.

01:04:16And I'm saying

01:04:17that from the very

01:04:18first breach,

01:04:19the contract

01:04:20was broken,

01:04:21and Scotland

01:04:22reverted to its

01:04:23previous status

01:04:24as a separate

01:04:25and independent nation.

01:04:26And has remained

01:04:27in that state

01:04:28until the present day.

01:04:29Right.

01:04:30And because of that,

01:04:31this whole question

01:04:32of theft

01:04:33just does not arise.

01:04:34The oil is,

01:04:36beyond all

01:04:36contradictions,

01:04:37Scottish.

01:04:38And as a trustee

01:04:39for Scotland,

01:04:40I had a duty

01:04:41to repossess it.

01:04:42Yes.

01:04:43And the lorry,

01:04:45Mrs. Sturk-McKenzie?

01:04:46The lorry was part

01:04:47of the theft

01:04:47from Scotland.

01:04:49It, too,

01:04:49had naturally

01:04:50to be impounded.

01:04:51Yes.

01:04:52Is there anything

01:04:53further you'd like

01:04:54to say to the court,

01:04:55Mrs. Sturk-McKenzie?

01:04:56Yes.

01:05:02I resent,

01:05:03with everything

01:05:04I am capable of,

01:05:05these 250 years.

01:05:08I resent

01:05:09every wounded

01:05:10Highlander,

01:05:11who had his throat

01:05:12cut by the English

01:05:13soldiers at Culloden.

01:05:16I resent the Scotsmen,

01:05:18the friends

01:05:19of the people

01:05:19who were transported

01:05:20to Botany Bay.

01:05:23I resent the Weavers,

01:05:25who in 1820

01:05:26were hanged

01:05:27for taking part

01:05:28in a fictitious rebellion

01:05:29set up

01:05:30by an English agent.

01:05:33I resent Mrs. McCray,

01:05:36who had her

01:05:37two-month-old baby

01:05:38seized on the

01:05:39island of Skye

01:05:40for non-payment

01:05:41of rent.

01:05:43The baby was valued

01:05:44at sixpence.

01:05:47I resent the unknown

01:05:49men

01:05:49who were bundled

01:05:51into the emigrant ships

01:05:52during the clearances.

01:05:55I resent every

01:05:57miner who died

01:05:58in a Scottish pit.

01:06:01I resent

01:06:03every Scottish

01:06:03soldier,

01:06:04sailor,

01:06:06or airman

01:06:07who ever died

01:06:08in an English war.

01:06:11I resent

01:06:13the Scottish men

01:06:13and women,

01:06:15the bright ones,

01:06:17the clever ones,

01:06:19who had to take

01:06:20their brightness

01:06:20and their cleverness

01:06:22further

01:06:23of Scotland.

01:06:29my lord,

01:06:32at the Act of Union,

01:06:34the English paid us

01:06:35a sum of

01:06:38£398,085,10 shillings,

01:06:41a sum known

01:06:42as the equivalent,

01:06:44as compensation

01:06:45for the loss

01:06:46of our parliament.

01:06:50after 250 years,

01:06:53what do you owe us now?

01:07:12my lord,

01:07:13that is the case

01:07:14of the defence.

01:07:17Mr. Stuart McKenzie,

01:07:19did you take a tanker

01:07:21belonging to Polestar Petroleum

01:07:23from outside

01:07:24a transport cafe?

01:07:25I did.

01:07:27Did you do this

01:07:27with the assistance

01:07:28of Davadina MacLeod?

01:07:31No,

01:07:32I did it alone.

01:07:33Did you take it away

01:07:35and thus

01:07:35steal it?

01:07:37I took it away.

01:07:39I did not steal it.

01:07:50Members of the jury,

01:07:52you have heard

01:07:53all the evidence.

01:07:56It is now up to you

01:07:57to consider this evidence

01:07:59and to come to a decision.

01:08:01Now, this has been

01:08:02in many ways

01:08:03a complex case.

01:08:06There have been

01:08:07side issues raised.

01:08:09There have been

01:08:10undertones

01:08:11of personal rancour.

01:08:14Now,

01:08:14some of these undertones

01:08:16may be relevant.

01:08:18some of them

01:08:19you may feel

01:08:19should merely

01:08:20be taken at their

01:08:21face value

01:08:21and nothing more.

01:08:22One thing,

01:08:23however,

01:08:24I do want you

01:08:24to remember

01:08:25and it is most important

01:08:26that you should

01:08:27keep this

01:08:28in the forefront

01:08:29of your minds.

01:08:31You

01:08:32are the judges

01:08:34of fact

01:08:36and the basic fact

01:08:38in this case

01:08:38is that

01:08:39a theft

01:08:40was committed.

01:08:42It is now

01:08:43for you

01:08:44to decide

01:08:44by whom

01:08:46it was committed.

01:08:47By both

01:08:49the defendants

01:08:50or by one of them?

01:08:52Amy Stewart McKenzie

01:08:54has admitted

01:08:55taking the tanker.

01:08:57Did

01:08:58Davideena

01:08:59MacLeod

01:09:00assist him

01:09:01knowing

01:09:02that an offence

01:09:03was to be

01:09:04committed?

01:09:06Now,

01:09:07one final thing

01:09:07for you to bear in mind.

01:09:09The defendants

01:09:10are not required

01:09:11to prove

01:09:12their innocence.

01:09:14The prosecution

01:09:15has to prove

01:09:17the guilt

01:09:17of each one

01:09:19and you

01:09:20must be satisfied

01:09:22that it has

01:09:23been proved

01:09:23beyond all

01:09:25reasonable

01:09:27doubt.

01:09:29Now,

01:09:30that is all.

01:09:31You will now

01:09:32retire

01:09:33and consider

01:09:34your verdict.

01:09:39Will the foreman

01:09:40please stand?

01:09:42Just answer

01:09:43this question

01:09:43yes or no.

01:09:45Have you reached

01:09:45a verdict

01:09:46on which you

01:09:46are all agreed?

01:09:47Yes.

01:09:48On the charge

01:09:49of stealing

01:09:49a lorry,

01:09:50property of the

01:09:51Polestar Petroleum

01:09:52Company,

01:09:52how do you find

01:09:53the defendants?

01:09:55Davideena

01:09:55MacLeod?

01:09:56Guilty.

01:09:58Hamish

01:09:58Stuart McKenzie?

01:10:00Guilty.

01:10:01And are those

01:10:02the verdicts

01:10:02of you all?

01:10:03Yes.

01:10:10Hamish

01:10:11Stuart McKenzie,

01:10:13the offence

01:10:14for which you

01:10:14have been

01:10:15convicted

01:10:15is serious

01:10:16enough in itself.

01:10:18It is even

01:10:19more serious

01:10:20in that it is

01:10:21liable to

01:10:22touch off

01:10:23crimes

01:10:23of an

01:10:24imitative

01:10:25nature.

01:10:26The sentence

01:10:27of this

01:10:27court is

01:10:28six months

01:10:30imprisonment

01:10:31suspended

01:10:32for two

01:10:33years.

01:10:35Davideena

01:10:36MacLeod,

01:10:36I am satisfied

01:10:37you shared

01:10:38Stuart McKenzie's

01:10:40views.

01:10:42You now

01:10:43share his

01:10:43guilt.

01:10:45You will

01:10:46also share

01:10:47his sentence

01:10:47which is

01:10:49six months

01:10:50imprisonment

01:10:51suspended

01:10:52for two

01:10:54years.

01:11:06You

01:11:36CHOIR SINGS

01:11:46CHOIR SINGS

Crown Court - Auld Lang Syne - Complete (1080p)

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