- 3 days ago
1978 COURTROOM DRAMA "Nadia Phillips faces charges of malicious wounding and criminal damage. The prosecution case is that she assaulted her former fiancé Bob Turner and damaged artworks created by his new partner Alice Lovell. They say her motivation was anger at his new relationship and followed a period of harassment. Miss Phillips denies both charges." IMDB Starring John Moffatt, Jeremy Clyde, Marty Cruickshank, Zelah Clarke, Anna Nicholas, Stuart Wilson
Episodes aired Feb 21-23, 1978
Episodes aired Feb 21-23, 1978
Category
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TVTranscript
00:00:04¶¶
00:00:36The case you're about to see is a fictitious one,
00:00:39but the procedure is legally accurate.
00:00:41The characters are played by actors,
00:00:43but the jury is selected from members of the public.
00:00:45Today, in Fulchester Crown Court,
00:00:47Nadia Phillips is charged with malicious wounding
00:00:50and causing criminal damage to the property of Mrs Alice Lovell.
00:00:54You are Alice Lovell and you live at 31A Genevieve Gardens.
00:00:58Yes.
00:00:58Now, who else lives there with you?
00:01:00My daughter, Sandy. She's eight years old.
00:01:03And the man I live with, Bob Turner, and our baby.
00:01:06We're going to be married when my divorce comes through.
00:01:08So you know the accused, Nadia Phillips?
00:01:10I don't know her. I've met her once.
00:01:12When was that?
00:01:13Christmas Day, 1976.
00:01:15Now, will you tell the court what happened on that occasion?
00:01:18Yes, well, she was invited to Christmas lunch.
00:01:22She just got out of the hospital and Bob thought maybe she'd be depressed.
00:01:26They were engaged just before she got sick.
00:01:29And I think that, well, I think somewhere along the line,
00:01:32she got the idea that it was just going to be her and Bobby.
00:01:35What I mean is she was not pleased to see me.
00:01:39Anyway, Bobby had to go pick up Sandy, my daughter.
00:01:42She was spending Christmas Eve with her father.
00:01:46And, well, she came into the kitchen.
00:01:47She wanted a glass of water, something.
00:01:51Oh, yeah, she had to take a pill.
00:01:52She had a bunch of pills in her purse.
00:01:54And she started talking and she got very upset.
00:01:57And I tried to calm her down.
00:02:00And she got a hold of this knife and sort of went for me.
00:02:04She butted me in the stomach.
00:02:05Did you suffer any injury?
00:02:08Yeah, I was bleeding.
00:02:09She must have caught me with a knife right about here
00:02:12when I was trying to get it away from her.
00:02:14Did you call a doctor?
00:02:17Well, no, I didn't want to scare Sandy,
00:02:21so I said it was an accident.
00:02:22Did you tell the police?
00:02:24No.
00:02:24For the same reason?
00:02:25Mm-hmm.
00:02:26And for her sake, too, you know, not his.
00:02:29I mean, I felt sorry for her.
00:02:31She just got out of the hospital.
00:02:33And, well, with a history like that, it's very sad.
00:02:36You're referring to the fact that she'd had a breakdown?
00:02:38Mm-hmm.
00:02:39Yeah.
00:02:39Did you see her again after that?
00:02:44No, but she kept calling all hours.
00:02:47One moment.
00:02:47By calling, do you mean that she called at the house
00:02:50or that she telephoned?
00:02:52She telephoned.
00:02:53Mm-hmm.
00:02:54You recognised her voice?
00:02:55Yes.
00:02:56Mm-hmm.
00:02:56I see.
00:02:57Yes.
00:02:58Will you tell us about the calls?
00:03:01Well, she'd be very aggressive, sort of sneering.
00:03:05She'd make threats.
00:03:07What sort of threats?
00:03:09Uh, well, they were rather vague.
00:03:13Like, um, I'd better let Bob go.
00:03:15I'd be sorry if I didn't.
00:03:17She'd make me pay.
00:03:18I can't remember exactly.
00:03:20Well, did she ever make, um, specific threats?
00:03:23Yes, she did.
00:03:24She said she was gonna come around the studio
00:03:27and set fire to it,
00:03:29smash the place to bits, you know.
00:03:31Did you take these threats seriously?
00:03:34Well, you do and you don't.
00:03:36All I knew was that she'd been sick
00:03:38and that maybe she was mad enough
00:03:40to do something stupid to get at me.
00:03:42You know, I mean, she'd never really accepted it.
00:03:44They were through.
00:03:44Well, that's why she was sick.
00:03:46Your Honour, I must object.
00:03:49The witness is clearly entering into conjecture
00:03:52based upon what she has heard other people say.
00:03:54Yes, yes, I think that is so.
00:03:55You must confine yourself to what you know
00:03:58from your own observations, Mrs. Lovell.
00:04:00Well, it wasn't just for my sake I was worried.
00:04:03I was scared to pieces she'd try and do something to Sandy.
00:04:05And then when she sent the fire brigade round to the studio
00:04:08in the middle of the night...
00:04:09Your Honour, I do not believe that the witness has any proof
00:04:11that it was the accused that called the fire brigade.
00:04:15Who else is gonna call them?
00:04:17Members of the jury,
00:04:18you will appreciate that the only part of what the witness has just said
00:04:21which has any weight
00:04:22is that the fire brigade arrived at her house
00:04:25in the middle of the night.
00:04:27She is not in a position to say who gave that false alarm.
00:04:31But, of course, when you've heard all the evidence,
00:04:33you can form your own conclusions.
00:04:36Yes, Mr. Shermer.
00:04:38Mrs. Lovell, I believe you gave birth to a child
00:04:40on the 9th of July last year.
00:04:42Yes.
00:04:42So that in April of last year,
00:04:44you were six or seven months pregnant.
00:04:46Yeah, that wasn't very good either.
00:04:48I was afraid what would happen if she found out about the baby.
00:04:51The witness's fears are not evidence of anything.
00:04:54No.
00:04:55Please try to keep your witness to the facts, Mr. Shermer.
00:04:58Your Honour.
00:04:59So the position in April last year was this, was it, Mrs. Lovell?
00:05:03You were living with the man
00:05:04who had at one time been engaged to the accused.
00:05:08You and he were planning to marry.
00:05:10You were expecting his child,
00:05:12whereas the accused had not found someone else
00:05:15and instead of putting the past behind her
00:05:16was in the habit of making telephone calls and uttering threats.
00:05:20Yes.
00:05:20Yeah.
00:05:22Now, where were you on April the 21st of last year?
00:05:26Well, I had to go up to London that day.
00:05:28I had an exhibition coming up.
00:05:29I'm a painter.
00:05:31And, uh, when I got back to the studio,
00:05:34I found that it had been broken into and, uh, really messed up.
00:05:39Exhibit one, two, and three, please.
00:05:47Can you identify these photographs for us, please?
00:05:51Yeah.
00:05:52Well, these must have been taken that afternoon.
00:05:56It's even worse.
00:05:58It wasn't as bad as that when I arrived.
00:06:00Is that a photograph of your studio?
00:06:02Is that a photograph of your studio?
00:06:04Yep.
00:06:05After the deluge.
00:06:24May she be shown Exhibit 4, please?
00:06:34Is this one of your paintings?
00:06:40Oh, this one has been slashed clearly.
00:06:41Now, who does this portrait depict?
00:06:44It's Bobby.
00:06:46It was.
00:06:47A portrait like that must represent a good many hours of difficult and painstaking labour.
00:06:52Mm-hmm.
00:06:53What sort of a price would such a painting be expected to fetch?
00:06:56Oh, no, no, really.
00:06:56It isn't like that at all.
00:06:58Well, I can't even begin to think of it like that.
00:07:00It's just that this has got to be put an end to.
00:07:03That's all, finally.
00:07:05Somebody's got to stop her for her own good, just as much as anything else.
00:07:08Now, Mrs. Lovell, it is for the jury to decide whether the accused did these things.
00:07:12Your assertion that she is responsible is not helpful.
00:07:15Indeed, it is exactly the opposite.
00:07:17Please stick to what you have seen yourself.
00:07:21Yes, Mr. Sharma.
00:07:22Had anything been taken from the flat?
00:07:26No, no, nothing.
00:07:28So what had taken place was apparently pure destruction for destruction's sake.
00:07:32Mm-hmm.
00:07:34Thank you, Mrs. Lovell.
00:07:35Will you wait, then?
00:07:39Mrs. Lovell, I understand you.
00:07:42You were facing quite a difficult day, weren't you, that Christmas day?
00:07:46Making lunch for five people, and not just an ordinary lunch, Christmas lunch.
00:07:52Cooking doesn't bother me.
00:07:53I like it.
00:07:54Yes, but it was out of the ordinary in other ways, too, wasn't it?
00:07:58Uh, how do you mean?
00:07:59Well, look who was coming.
00:08:01If I understand you, the five people were yourself, your daughter, naturally.
00:08:05Mr. Turner, you're the man you live with.
00:08:08We're going to be married.
00:08:10When my divorce comes through.
00:08:11Quite.
00:08:11And you mentioned John.
00:08:12Is that your present husband?
00:08:13Yes.
00:08:14He was a frequent visitor, was he?
00:08:16The three of you got on well.
00:08:18I know that does happen.
00:08:19No, he used to come by to take Sandy out.
00:08:21It was Sundays, mostly.
00:08:22Does he come for meals?
00:08:24No, not usually.
00:08:25So it was out of the ordinary for him to be coming to lunch?
00:08:28Well, no, it was for Sandy's sake I invited him, so her father should be there.
00:08:32I remember what it was like when my folks broke up.
00:08:35And what about Mr. Turner and your husband?
00:08:36How did they get on?
00:08:38So-so.
00:08:39Did your marriage break up because of Mr. Turner?
00:08:41It was over.
00:08:42It broke up.
00:08:42I see.
00:08:43Is your husband a jealous man, Mrs. Luffle?
00:08:46About average.
00:08:47Did you quarrel over Turner?
00:08:50No.
00:08:51And what about Sandy?
00:08:53Was she very upset when the marriage broke up?
00:08:56Well, naturally, she didn't like it.
00:08:58How did she express her dislike?
00:09:00Well, she got a bit unhappy at times, a bit moody.
00:09:03She wouldn't do her homework.
00:09:05Moody, what do you mean?
00:09:05Did she break things, have tantrums?
00:09:08What did she do?
00:09:08No, she got hostile, but it's quite normal.
00:09:10Hostile towards whom?
00:09:12Towards me, towards John.
00:09:15She broke a little pottery doll he gave her once that she really loved,
00:09:18but, well, you know, in fact, she adores him.
00:09:21And what about Mr. Turner?
00:09:22She likes Bob okay.
00:09:24But you weren't afraid of how she might behave
00:09:26with both your husband and Mr. Turner present?
00:09:28No.
00:09:29No.
00:09:29Even so, quite a group.
00:09:31And Christmas lunch for five into the bargain.
00:09:34And you were no doubt anxious for it all to go smoothly for Sandy's sake.
00:09:38Well, I didn't feel any anxiety about it.
00:09:41I see.
00:09:42You say that when she turned up,
00:09:44Miss Phillips didn't seem very pleased to see you.
00:09:46No, I didn't think so.
00:09:48Were you pleased to see her?
00:09:50Well, I tried to make her feel welcome.
00:09:52But it was Mr. Turner who asked her.
00:09:56So...
00:09:56Would you have done?
00:09:57Well, if I'm honest, no.
00:09:59Why not?
00:10:00Well, isn't it obvious?
00:10:01Miss, of course I knew it would be tricky.
00:10:03I knew she'd been sick.
00:10:05By sick, you mean, do you not, that she had had a nervous breakdown?
00:10:08It was more than a nervous breakdown.
00:10:09She freaked out.
00:10:10Did that make you nervous about meeting her?
00:10:12Oh, God.
00:10:13Honestly.
00:10:14I know, scents of people have breakdowns.
00:10:16Some of them, you know.
00:10:18But this was a bit more than a breakdown, wasn't it?
00:10:21Yes, one moment.
00:10:22What do you mean by freaked out, Mrs. Lovell?
00:10:26Oh, it means to go berserk.
00:10:29Mrs. Lovell is, I think, referring to an occasion immediately before Miss Phillips' breakdown
00:10:32when she did physically attack Mr. Turner.
00:10:35But that was before she entered hospital and underwent treatment.
00:10:38Is that what you were referring to, Mrs. Lovell?
00:10:40Yes.
00:10:41I see.
00:10:42Yes.
00:10:42Mm-hmm.
00:10:43I should like to stress, Your Honor, that the charge for which my client stands here indicted
00:10:47today is one which is alleged to have taken place after her stay in hospital.
00:10:51She does not deny that there was one single episode of violence before she had treatment.
00:10:55Yes, yes.
00:10:56You knew of this episode, of course, Mrs. Lovell.
00:10:59Yes, I did.
00:10:59And I suppose it must have crossed your mind that some such thing might happen again.
00:11:03No, not really.
00:11:05Really?
00:11:07Well, yeah, if you put it like that, it may have crossed my mind.
00:11:11I suggest that it must have done, Mrs. Lovell, because that would certainly explain why it
00:11:15was that you misread the subsequent action of my client insofar as to imagine she was
00:11:20trying to attack you, so that, in fact, you actually started the struggle, the so-called
00:11:25assault for which my client is charged.
00:11:27You weren't there.
00:11:28No, but my client was.
00:11:31And her account, as we shall hear, was very different from yours.
00:11:34Look, she attacked me all right.
00:11:36I have a very vivid imagination, but it's not that vivid.
00:11:40All right, then.
00:11:42Let's have a look at what you say happened.
00:11:44Miss Phillips came into the kitchen for a glass of water, and so on.
00:11:49You say she got hold of this knife and sort of went for me.
00:11:53That's right.
00:11:54But surely it wasn't quite as simple as that.
00:11:56In fact, you gave the knife to my client, did you not?
00:12:00Yeah, for the Brussels press.
00:12:01So that she did not suddenly, deliberately grab hold of this knife, as you suggest, in
00:12:05order to attack you.
00:12:06You gave it.
00:12:07Well, I thought it would be a good idea to give her something to do.
00:12:10Sort of occupational therapy.
00:12:11Well, she was very upset.
00:12:13She said that she wouldn't have come if she'd known that I'd be there.
00:12:17So I told her not to be so silly.
00:12:19I sat her down at a table.
00:12:20I gave her something to do, and I tried to make her feel welcome, talking to her.
00:12:23And she just jumps up with a knife.
00:12:24But she didn't just jump up, did she?
00:12:27Did not she get up and say that she wanted to go home?
00:12:30Well, she really wasn't very coherent at the time.
00:12:32She just kept saying over and over to let her out, and nobody was going to make her stay.
00:12:36But she had to stay.
00:12:37She had to wait for Bob to get back.
00:12:39I couldn't just let her walk out in the street.
00:12:40She was crazy.
00:12:41And you tried to stop her, didn't you?
00:12:43Well, naturally.
00:12:44But she's very strong.
00:12:46You see, Mrs. Lovell, my client will say that she did not grab hold of a knife in order to
00:12:50attack you.
00:12:51That she was scarcely aware of having the knife at all.
00:12:54She got up to go, and you stood in her way, blocking her exit, grabbing hold of her by the
00:12:58wrists.
00:12:59In fact, as it seemed to her, you attacked her.
00:13:02That is nonsense.
00:13:04Yes.
00:13:06It is nonsense, of course, Mrs. Lovell.
00:13:09Just as it is nonsense for you to think she attacked you.
00:13:13What I suggest is that you were far more afraid than you admit, more than you possibly knew yourself, that
00:13:18Miss Phillips would become violent.
00:13:20That when she got up to go, you immediately imagined she was going to attack you.
00:13:23In fact, you were simply two people, under great strain, overreacting to peculiarly tense and difficult circumstances.
00:13:30I don't think so.
00:13:32Well, naturally, I don't expect you to agree, Mrs. Lovell.
00:13:36What I am suggesting is that you are not perhaps always the best, the most objective judge of your own
00:13:41state of mind, let alone that of others.
00:13:46When Miss Phillips had gone, did you telephone the police?
00:13:49No.
00:13:50But if what you have told us today is true, Miss Phillips was a positive danger, was she not?
00:13:54Yeah, well, I had to wait for Bob to get back, tell him.
00:13:55And did you tell him?
00:13:56Yes.
00:13:57And did you then discuss with him whether you should go to the police?
00:14:00Yeah, I decided not to make too much of it.
00:14:02I knew he'd be guilty, or he'd feel guilty.
00:14:06And I didn't want Sandy scared, so I played it down as much as I could.
00:14:09And when you played the story down, weren't you far closer to the truth of what had happened, which was
00:14:15that you had never been attacked, that you had initiated a struggle by standing in the kitchen door to block
00:14:20Miss Phillips' exit, and that when you had had time to calm down, you realised this, and that was why
00:14:25you were not too keen to involve the police, and that you therefore told a version of the story which
00:14:29drew no blame, even some sympathy, perhaps, to yourself.
00:14:33Wow.
00:14:35Look, what am I supposed to say?
00:14:38After that Christmas day, you didn't see Miss Phillips again?
00:14:41Oh, no.
00:14:42But there were telephone calls?
00:14:43Yes.
00:14:43But these calls became less frequent as time went on?
00:14:46Yes, maybe.
00:14:46There were quite a few during January and February, but there were very few calls in March, two or three
00:14:50at most. Isn't that right?
00:14:52I don't remember.
00:14:53And in April?
00:14:55I don't know.
00:14:56Well, in fact, there were none at all during April, which is why perhaps you cannot remember, Mrs. Lovell.
00:15:03Now, on April the 21st, you found that a lot of your paintings had been spoiled.
00:15:08Destroyed.
00:15:09And these which had suffered worst were the family portraits of you with Mr. Turner and your daughter, various combinations.
00:15:14That's right, and that's how I knew it was her.
00:15:16Mrs. Lovell, I have warned you already to refrain from this type of comment.
00:15:21Mm-hmm.
00:15:23And are there any other portraits still in your studio which escaped the worst?
00:15:26Yes, there are some, but they're still wrecked. Junk.
00:15:30What sort of subject are they?
00:15:31Commissions, mostly.
00:15:32Were there any other family portraits, individual ones of your husband, for example, Mr. Lovell, any of him?
00:15:37Yeah, yeah, there's some of John.
00:15:38And were they slashed or ripped?
00:15:40No.
00:15:41I see. Thank you.
00:15:43When you returned and found what had happened, what was your reaction?
00:15:48If you spent two years working on a project and somebody just comes and smashes it up in half an
00:15:53hour, you'd feel pretty sick.
00:15:56And like Mr. Turner, your immediate thought was that Miss Phillips had done it.
00:15:59Yes, of course.
00:16:01How many other people have access to your flat when you're not there?
00:16:05Uh, how do you mean?
00:16:08Well, was 31A Genevieve Gardens your address while you were still living with your husband?
00:16:12Yes.
00:16:12Does he still have a key?
00:16:13Well, he may have, but he never uses it.
00:16:15But, anyhow, if you're trying to say that John would do a senseless thing like that, you're crazy.
00:16:21Why would he?
00:16:23Well, it's difficult to say why anyone would do anything senseless, Mrs. Lovell.
00:16:27But you immediately assumed it was Miss Phillips because you assumed that she had a strong enough motive.
00:16:31Well, why not? Who else hated me that much?
00:16:33What about Mr. Turner?
00:16:37What on earth do you mean?
00:16:39Who else hated you?
00:16:41Or who else hated Mr. Turner?
00:16:44Well, it's your work, but it's his portrait that seems to have fared the worst.
00:16:50Can you think of anyone?
00:16:54You see, Mrs. Lovell, if we're looking for motives, I suggest that your husband, or your daughter even,
00:17:00had both of the motives just as strong as those you attribute to Miss Phillips.
00:17:06No further questions.
00:17:09Your Honor.
00:17:11Thank you, Mrs. Lovell.
00:17:13I call Robert Turner.
00:17:14Call Robert Turner.
00:17:36What is your relationship with the accused?
00:17:39I'm, uh, we used to be engaged to each other.
00:17:42And not anymore?
00:17:43No.
00:17:44No.
00:17:45And you've known the accused for some time?
00:17:47Yes.
00:17:47How long?
00:17:49About three, three and a half years.
00:17:51How long were you engaged?
00:17:53About a year.
00:17:54And how long ago was this?
00:17:56When did the engagement end?
00:17:58About two years ago.
00:17:59Spring of 76.
00:18:01Yes.
00:18:03And during the period of your engagement, did you cohabit with the accused?
00:18:08No.
00:18:09And why was that?
00:18:12Well, you don't have to.
00:18:14Purely tonic relationship.
00:18:17No.
00:18:18You were lovers, then.
00:18:20No.
00:18:21Well, was there any reason for this?
00:18:24Before you met the accused, you were living with someone.
00:18:27Yes.
00:18:27And you're living with someone now.
00:18:30What's that got to do with it?
00:18:32Mr. Turner, you must understand that I only ask you certain questions
00:18:36because I consider that the court needs to know about your relationship with the accused and why it ended.
00:18:41Yes, just a moment.
00:18:42Mr. Turner, we are here to establish whether a person here charged with committing a serious crime
00:18:47has committed that crime or not.
00:18:50Now, if you know anything which can throw light on the matters before us,
00:18:54it is your duty to relate it.
00:18:56You are under oath to tell the truth and to tell the whole truth,
00:19:00not to keep back anything because it doesn't suit you,
00:19:03whatever your motives may be.
00:19:05Now then, are you going to cooperate and not waste the time of the court?
00:19:10Yes, sir.
00:19:11Very well.
00:19:12Please do so.
00:19:14Carry on, Mr. Shomer.
00:19:16Your Honor.
00:19:17Mr. Turner, if it had been possible,
00:19:20would you have preferred to have lived with the defendant as man and wife without waiting to be married?
00:19:24Yes, of course, but Nadia was frightened about...
00:19:27About that side?
00:19:28About sleeping together.
00:19:29Yes.
00:19:29Can you tell me?
00:19:30She'd had a bad experience when she was still a kid and she didn't...
00:19:35Oh, she was still very nervous and frightened, understandably.
00:19:38So we decided to wait.
00:19:40You decided?
00:19:41Until we got married.
00:19:42And you respected her wishes?
00:19:44Yes.
00:19:45Because of your feelings for her?
00:19:47Yes, of course.
00:19:48And what were your feelings for her?
00:19:51Were you very much in love with her?
00:19:54Were you fond of her?
00:19:55Did you feel protective towards her?
00:19:57Yes.
00:19:58Perhaps you still feel protective towards her.
00:20:00And how did your engagement come to be broken off?
00:20:04Well, I broke it off.
00:20:06Hmm.
00:20:06And why did you do that?
00:20:09Well, what led to your decision to break the engagement?
00:20:12Did you have misgivings about it?
00:20:14Yes.
00:20:16Well, not misgivings, not about her anyway, more about myself.
00:20:21I thought maybe she was too dependent on me in a rather unhealthy way.
00:20:24And I began to wonder if, you know, if we got married and then found that it didn't work out.
00:20:29I wondered if I could take it.
00:20:31What did you do?
00:20:33The fairest thing, I thought, was at least to give it a try.
00:20:35But before we actually got married, we'd got a flat we were moving into and it was nearly ready.
00:20:39This was how long before the wedding?
00:20:42A month, a month before.
00:20:43I suggested that we move in early, that's all.
00:20:46And Nadia agreed, said it was okay.
00:20:48And then when we, uh, that night, we...
00:20:54Look, she had a hemorrhage to do with what happened earlier.
00:20:57Mr Turner, what exactly do you mean, what happened earlier?
00:21:03Uh, she was raped by some man when she was only a kid.
00:21:08Is he?
00:21:10Uh, yes.
00:21:12Did she have to go into hospital after this hemorrhage?
00:21:15Uh, yes, they took her off to hospital.
00:21:16Uh, they said she was going to be all right, but they kept her in for a few days.
00:21:20And then I realized that I just couldn't go through with it, that's all.
00:21:24In fact, I knew I couldn't.
00:21:27Um, I should have got in touch with her.
00:21:30I wrote to her, I wrote her a note,
00:21:32uh, pretended nothing was happening,
00:21:34and then I went off to stay with some friends.
00:21:37I should have gone to see her, but, uh,
00:21:39somehow once I hadn't done it, I couldn't.
00:21:42And did you?
00:21:43Yes, in the end, I went round to the flat,
00:21:45uh, the day before the wedding would have been.
00:21:48And she was there.
00:21:51Uh, she was just sitting there.
00:21:52Um, I think she thought that I'd come
00:21:55to say everything was going to be okay.
00:21:59And she looked terrible.
00:22:02I said no,
00:22:03uh, that it wasn't any good.
00:22:07And she was crying.
00:22:09Well, we were both sort of crying, actually.
00:22:11Uh,
00:22:13anyway, I got up to leave,
00:22:14and suddenly she screamed at me,
00:22:15don't do that,
00:22:17and pushed me back into the chair.
00:22:20And then she carried on screaming at me,
00:22:23and as I was trying to get up again,
00:22:24she pushed me again.
00:22:26And then she grabbed a bottle of champagne
00:22:28from the table,
00:22:30and hit me over the head with it.
00:22:34In fact, she couldn't have reached me
00:22:35if I'd been standing up.
00:22:36How badly were you hurt as a result?
00:22:38Uh, I had to have a few stitches.
00:22:41There was no fracture or anything.
00:22:43Um, slight concussion.
00:22:44I was in hospital for a few days.
00:22:46And what happened to Miss Phillips?
00:22:49Well, when I got out,
00:22:50I found that she'd gone back into hospital again,
00:22:52and she'd had a complete breakdown.
00:23:16Join us again tomorrow,
00:23:18when the case of the Queen against Phillips
00:23:20will be resumed in the Crown Court.
00:23:27ORGAN PLAYS
00:23:28ORGAN PLAYS
00:23:47¶¶
00:24:02Nadia Phillips is accused of wounding Alice Lovell
00:24:05and of causing criminal damage to the flat
00:24:07in which Mrs Lovell lives with Bob Turner.
00:24:10The accused was previously engaged to Turner
00:24:12and, after being jilted by him,
00:24:14spent a year in hospital recovering from a nervous breakdown.
00:24:17She's pleaded not guilty to both charges.
00:24:21How long was the accused in hospital?
00:24:24About nine or ten months.
00:24:25First at the hospital, then she was moved to another place out near Borough.
00:24:28A sort of convalescent home.
00:24:30Did you visit her there?
00:24:32Yes, at the hospital. I couldn't get out to Borougham as easily.
00:24:34I didn't have a car then.
00:24:35Was she pleased to see you?
00:24:37At first, yes.
00:24:38But that changed.
00:24:40Yes, well, I met someone else.
00:24:42I met Alice Lovell and we started living together.
00:24:46And when Nadia found out, she was very upset.
00:24:48Did she appear to be jealous of Mrs Lovell?
00:24:51I think that was probably it, yes.
00:24:53And when the accused found out there was someone else, what did she do?
00:24:57Uh, she broke down.
00:25:00I mean, she started telling me she didn't want to see me again, but she didn't mean it.
00:25:04Did you see her again?
00:25:06Yes, when she came out.
00:25:08Um, I was still writing to her.
00:25:10And when she came out, she wrote to say she was better.
00:25:12And I asked her to come for Christmas lunch.
00:25:14Uh, which was a mistake.
00:25:16Yes, and it was on that day that the events took place between the accused and Mrs Lovell,
00:25:19which formed the substance of the first charge against the accused.
00:25:22Yes.
00:25:23Yes.
00:25:23Now, you were not present.
00:25:25No.
00:25:26No.
00:25:26When did you learn what had happened?
00:25:27Uh, when I came back just before lunch.
00:25:29What sort of state was Mrs Lovell in?
00:25:33Well, she was pretty shaken up, and she had a, quite a bad cut on her arm.
00:25:39Um, Nadia had gone for her with a knife.
00:25:41I thought she was supposed to be better, otherwise I wouldn't have asked her.
00:25:43Your Honour.
00:25:43Yes, yes.
00:25:44Mr Lovell, what you thought cannot be part of your evidence.
00:25:48Um, excuse me.
00:25:49Turner.
00:25:50What?
00:25:51My name is Turner.
00:25:53Turner.
00:25:54Oh, yes, of course, Mr Turner.
00:25:55Yes, I'm so sorry.
00:25:56Now, you must tell us what you know, Mr Turner, not what you think.
00:26:01Mm-hmm.
00:26:02Did you see the accused after Christmas Day?
00:26:05Yes, I saw her later the same day.
00:26:07What happened?
00:26:09Uh, nothing happened.
00:26:10She was very hostile, said a lot of things about Alice and about me.
00:26:15She's probably right.
00:26:16Um, and I told her perhaps it would be better for us not to see each other anymore, even as
00:26:20friends.
00:26:20Did she accept that?
00:26:22She seemed to at the time, but how can I tell?
00:26:24Mm-hmm.
00:26:25Did you see her again?
00:26:27Yes.
00:26:28How did that come about?
00:26:30Well, I got in touch with her.
00:26:32She'd taken to making these telephone calls, and I thought if I saw her, I could get her to stop.
00:26:36Um, she even called the fire brigade out one night.
00:26:39Your Honour.
00:26:40Yes, yes.
00:26:40Uh, Mr Turner, did you ask Miss Phillips whether it was she who called the fire brigade?
00:26:46In a way, yes, I did.
00:26:47I told her off about it.
00:26:49Oh?
00:26:50What did she say?
00:26:53She said that she didn't know what I was talking about, but she was lying.
00:26:56Members of the jury.
00:26:57If she did not freely admit to calling out the fire brigade, this evidence must be disregarded.
00:27:03Now, as far as you know, did the accused know whether Mrs Lovell was pregnant?
00:27:09No, not as far as I know.
00:27:10I didn't want to know if I could help it.
00:27:12Hmm.
00:27:13Did you know whether Miss Phillips was able to have children, Mr Turner?
00:27:19Yes.
00:27:21Well, she couldn't.
00:27:23Um, she told me that.
00:27:24That the doctors had said that she couldn't.
00:27:26I think that that was one of the reasons why she thought I didn't want to, uh...
00:27:31Yes, yes.
00:27:32So, for all those reasons, you decided to have a meeting with the accused.
00:27:35Now, will you tell the court about that meeting?
00:27:39Well, nothing really happened.
00:27:41Um, there isn't anything to tell.
00:27:42Well, I just tried to explain to Nadia that I was very fond of her.
00:27:46That I am very fond of her.
00:27:47And that I would do anything I could to make things all right for her again.
00:27:50How did she react?
00:27:52Not at all, really.
00:27:53I mean, that was what was so odd.
00:27:55Um, she hardly seemed to listen, as if she couldn't care less.
00:27:59After a while, I had to go.
00:28:00I had to, uh, pick up Sandy from school.
00:28:03And I said that I'd run her to the bus stop.
00:28:05Um, I was rather late, otherwise I'd have taken her back to her flat.
00:28:07Did you drop her at the bus stop?
00:28:09Yes.
00:28:10Miss Turner, how far is the bus stop from your house?
00:28:14Um, it's only a few minutes.
00:28:15She could have walked it quite easily, in fact.
00:28:17Hmm.
00:28:18How long were you away at school?
00:28:21Well, I was rather late picking up Sandy and she'd already gone.
00:28:24And, uh, sometimes if I'm late, she walks back
00:28:28or she gets a lift with one of the other girls.
00:28:29I also had to stop on the way back to get something for supper.
00:28:31Well, roughly how long were you away?
00:28:33Uh, 45 minutes.
00:28:36It was just on five past four when I got back.
00:28:41The radio was on.
00:28:42There's plenty of time then for the accused to return
00:28:45and inflict the damage that you found.
00:28:47Yes.
00:28:48Now, before you left, had you locked up the flat?
00:28:52I'd pulled the garden doors to, but I hadn't locked them.
00:28:54I wasn't going to be very long.
00:28:55Was the accused present when you did that?
00:28:59Yes, she must have seen.
00:29:00Certainly she could have done very easily.
00:29:02And when you finally returned, uh, what did you find?
00:29:06Uh, that the place has been turned upside down.
00:29:09I mean, it was quite incredible.
00:29:10I thought at first it was burglars.
00:29:12But you changed your mind?
00:29:13Yes.
00:29:14Why?
00:29:15Well, when I'd had time to look around,
00:29:16I realised that nothing had been taken.
00:29:18Uh, I told the inspector.
00:29:20It was just an incredible amount of mess.
00:29:23And, uh, the pictures had been slashed.
00:29:26What sort of mess?
00:29:28Well, to start with, there were feathers all over the place
00:29:31sticking to everything.
00:29:32Uh, we had one of those big tubs of honey you can get,
00:29:34sort of seven-pound jars,
00:29:36and it had been emptied practically over everything.
00:29:38It was all over the bed,
00:29:39which is up on a sort of platform with some steps up.
00:29:42And she'd, uh, slashed open this quilt.
00:29:45Mr. Turner,
00:29:46did you see the defendant slash the quilt?
00:29:51No.
00:29:52Then you must not refer to the defendant in this way.
00:29:56Eh?
00:29:57What about the pictures?
00:30:00Yes, well, they were the worst.
00:30:01I mean, the other you could do something about.
00:30:03But she...
00:30:06Whoever, I don't know.
00:30:08Um, the paintings were completely destroyed.
00:30:10They were ruined.
00:30:12Mr. Turner,
00:30:13during your talks with the accused earlier that afternoon,
00:30:16did you mention Mrs. Lovell's pregnancy?
00:30:19No.
00:30:20Not even incidentally, just in passing?
00:30:23No.
00:30:24Or was there anything lying about the flat
00:30:27that might have indicated that a baby was expected?
00:30:32No.
00:30:33Hmm.
00:30:34One final question, Mr. Turner.
00:30:36If your first thought had not been
00:30:39that the flat had been burgled,
00:30:40would you have called the police?
00:30:46No.
00:30:46Why not?
00:30:49I'd have tried to deal with it myself.
00:30:51I...
00:30:52I'm not sure that any of this is going to help.
00:30:54Yes.
00:30:54Thank you, Mr. Turner.
00:30:59Mr. Turner.
00:31:00You say when you recovered from your couple of days in hospital,
00:31:03what were your feelings towards Miss Phillips?
00:31:06I mean, after all, she did hit you pretty hard with that bottle.
00:31:09Were you angry?
00:31:09Did you blame her?
00:31:11How could I blame her?
00:31:12I mean, I...
00:31:13I got what was coming to me.
00:31:15I'd treated her very badly.
00:31:16In a way I was very glad.
00:31:17You felt very guilty about her.
00:31:19Yes, I did.
00:31:20So you went to see her often in hospital?
00:31:23As often as I could.
00:31:24She hasn't any family.
00:31:25You felt it was your responsibility?
00:31:28I suppose so.
00:31:29You say that when she found out about Alice Lovell,
00:31:32she was very upset.
00:31:34Yes.
00:31:35How did she find out?
00:31:36Did you tell her?
00:31:38Yes.
00:31:38I see.
00:31:40You knew, of course, that this might upset her.
00:31:43Well, yes, I did.
00:31:43I mean, I...
00:31:44I knew she was very precarious.
00:31:47But I thought she was still hoping that we'd get back together again.
00:31:51I tried not to let her think that, but I think that she did.
00:31:54I didn't want her to build up any more false hopes.
00:31:56I'd already done that before, over the marriage.
00:31:58So, in a sense, you were being cruel, only to be kind?
00:32:03I suppose so.
00:32:04And Miss Phillips then told you that she didn't want to see you again?
00:32:08Yes.
00:32:08But you say she didn't mean it.
00:32:10Why didn't you believe her?
00:32:11Did you think she was still in love with you?
00:32:16Well, I don't know about in love.
00:32:17Still very attached to you, then?
00:32:20More dependent, I would say.
00:32:21But you still complied with her expressed wish not to see you?
00:32:25Yes, I thought it would be easier for her.
00:32:27A clean break?
00:32:28Yes.
00:32:29Then you wrote to her, didn't you?
00:32:32Yes.
00:32:33In spite of her wishes?
00:32:35Well, you know, isn't that...
00:32:36Not quite a clean break, then.
00:32:37Well, what do you want?
00:32:38She hasn't many friends.
00:32:40We used to see mostly my friends.
00:32:42You felt very guilty about that also?
00:32:46In a way.
00:32:47It's a very powerful thing, guilt.
00:32:49It seems you visited Miss Phillips in hospital out of guilt,
00:32:52and then upset her rather a lot out of guilt
00:32:55because you felt you had to tell her the truth about another woman,
00:32:58and then stopped seeing her for her own good
00:33:00because she was so upset by what you had told her,
00:33:03and then kept in touch with her in case she should feel deserted.
00:33:05Is that right?
00:33:08In a way.
00:33:09You have a very strongly developed moral sense, Mr Turner.
00:33:13But wouldn't you agree that it makes you behave sometimes
00:33:16in a rather confused and possibly confusing way?
00:33:19Your Honor, I fail to see what my learned friend
00:33:21is attempting to prove with this line of questioning.
00:33:24What does Mr Turner's moral sense have to do with establishing
00:33:27whether or not the accused assaulted Mrs Lovell
00:33:30and laid waste her studio?
00:33:31With respect, Your Honor,
00:33:32a great deal has been made by the prosecution
00:33:34of these unsolicited telephone calls made by my client.
00:33:37I am merely pointing out that Mr Turner
00:33:39also frequently contacted Miss Phillips
00:33:42against her expressed wishes.
00:33:44He may have done it from the best of motives,
00:33:46but he would not leave her alone.
00:33:47Yes, yes.
00:33:51Well, carry on, Miss Kelman.
00:33:53Thank you, Your Honor.
00:33:55Well, then, let us look at the first charge, Mr Turner,
00:33:57of assault on Mrs Lovell.
00:34:00When you heard that Miss Phillips was coming out of hospital,
00:34:02you had the idea of inviting her to Christmas lunch.
00:34:05Yes.
00:34:06You telephoned her?
00:34:07Yes.
00:34:08And what did she say?
00:34:09Did she seem pleased?
00:34:11I think so, yes.
00:34:12Really?
00:34:13Are you sure?
00:34:15Well, yes, she sounded quite pleased.
00:34:17Didn't she say that it was a bit too soon
00:34:18that she was nervous of meeting people
00:34:20when she was just out of hospital?
00:34:22Why should she be nervous?
00:34:23I mean, she knew there was only going to be just us.
00:34:25Just us?
00:34:26That was the phrase you used in fact, wasn't it?
00:34:31Possibly.
00:34:32I think it was, Mr Turner.
00:34:34And it was then that Miss Phillips sounded pleased
00:34:36when you told her it was going to be just us.
00:34:39Just you and her, in fact, and not strangers.
00:34:41Obviously, I meant Alice and Sandy as well.
00:34:44It may have been obvious to you, Mr Turner,
00:34:46but it was not obvious to Miss Phillips.
00:34:50And on Christmas Day,
00:34:52after Mrs Lovell told you that Miss Phillips had attacked her,
00:34:55you went and found Miss Phillips
00:34:56because you were worried about her.
00:34:58That's right.
00:34:59And she told you what had happened too?
00:35:00Yes.
00:35:01And was her account the same as Mrs Lovell's?
00:35:04No, not really.
00:35:05Not really?
00:35:07Didn't she tell you that it was Mrs Lovell
00:35:09who tried to stop her from leaving?
00:35:11That it was Mrs Lovell who grabbed hold of her by the wrists
00:35:14and not the other way round?
00:35:16Yes, I think she did say something like that.
00:35:18Two totally conflicting stories.
00:35:22It must have been hard to know whom to believe.
00:35:24Why should Alice pretend that Nadia had attacked her?
00:35:27I'm not suggesting that Mrs Lovell was pretending, Mr Turner,
00:35:31but that both versions of what happened were true.
00:35:35Miss Phillips was trying to leave
00:35:37and Mrs Lovell imagined she was being attacked.
00:35:40Oh, I see.
00:35:41That is quite possible, is it not?
00:35:45I don't know.
00:35:46I don't think it's very likely.
00:35:48You don't think so?
00:35:50No.
00:35:50Well, the jury will be able to be more objective about that
00:35:53than perhaps you can be, Mr Turner.
00:35:56Now, let us turn to April the 21st
00:35:59and the events leading up to that date.
00:36:01You went to see Miss Phillips.
00:36:02Why was that?
00:36:04Because she telephoned to say she'd found some books of mine
00:36:06to see if I wanted them back.
00:36:07You then suggested that you should meet, is that right?
00:36:09Yes.
00:36:10When she came to the studio, what was she wearing?
00:36:13Can you remember?
00:36:16I don't remember.
00:36:17Try and remember.
00:36:18Was she wearing a skirt, trousers?
00:36:20Was she wearing a coat?
00:36:25I'm not sure.
00:36:26I don't know.
00:36:27I see.
00:36:28You say that during your meeting,
00:36:30Miss Phillips seemed perfectly calm.
00:36:33Yes, a bit too calm.
00:36:35Too calm.
00:36:36So this meeting was unlike the previous meeting
00:36:38which had ended with her hitting you with a champagne bottle.
00:36:41She was not calm then.
00:36:42No.
00:36:43And it was not like the meeting at her flat
00:36:45when you found her on Christmas Day.
00:36:46She was not calm then.
00:36:48No.
00:36:49But on this day, she was calm.
00:36:51Yes, it was a bit like the lull before the storm.
00:36:54Oh.
00:36:54Is that what you thought at the time?
00:36:56Or did it only occur to you afterwards
00:36:57when you came home and found that the studio had been wrecked?
00:37:01I don't know.
00:37:03But it didn't occur to you that Miss Phillips' state of mind
00:37:05was partly chemical
00:37:06because she was under medical supervision
00:37:08and taking a course of tranquilizers?
00:37:10Or that she was quite simply bored
00:37:12by these meetings you kept arranging?
00:37:14I kept arranging.
00:37:16After your meeting, when you dropped her at the bus stop,
00:37:19there was still no sign of agitation?
00:37:22No.
00:37:23But hadn't that meeting been to tell her
00:37:24that you didn't want to have anything more to do with her?
00:37:27Yes.
00:37:28And yet she still showed no sign of emotion
00:37:30even when leaving you for what might have been the last time?
00:37:33No.
00:37:35You see, Mr. Turner,
00:37:38your description of my client's behavior
00:37:40tallies very well with her account of what happened
00:37:42and how she felt about it.
00:37:44She has told me that she was quite simply bored
00:37:46and in fact very relieved to get away from your lecturing.
00:37:50And yet when you returned home
00:37:51and found the damage that had been done,
00:37:53you immediately assumed that with scarcely any provocation,
00:37:57unless you count boredom as provocation,
00:38:00that she had suddenly gone berserk.
00:38:01Yes, well, I really don't see who else could have done it.
00:38:05But you didn't see who actually did do it, Mr. Turner, did you?
00:38:11You went to pick up Mrs. Lovell's daughter Sandy,
00:38:13but she'd already left.
00:38:15That's rather odd, isn't it?
00:38:16Uh, not really, no.
00:38:18Did you get on well with Sandy?
00:38:20Yes, very well.
00:38:21You like her?
00:38:22Yes, of course. I mean, she's only eight.
00:38:24And she likes you, of course.
00:38:27I think so, she seems to, Rach.
00:38:29She doesn't feel you've usurped her father's place?
00:38:31No, I mean, she still sees him quite a lot.
00:38:33I see.
00:38:35So, in fact, she got back to the studio before you did?
00:38:38Yes.
00:38:39And yet it was you and not she who saw the studio first?
00:38:42Yes.
00:38:43How is that? What had happened to Sandy, meanwhile?
00:38:44Uh, she'd gone upstairs to see Mrs. Farrah, as she often does.
00:38:47Uh, Sandy isn't allowed a key. She loses them.
00:38:49So, as far as you know, you were the first person on the scene?
00:38:52Yes.
00:38:53Mr. Turner, you say that had you not at first thought it was burglars,
00:38:58you would not have called the police.
00:39:00In the event, weren't you rather relieved that you had?
00:39:05Um, I don't understand.
00:39:08Wasn't it rather a relief to be rid of this crushing responsibility?
00:39:12The responsibility to do something about someone
00:39:15whom you yourself admit you had gravely wronged,
00:39:18with all the complications winding round you,
00:39:21to hand that responsibility over to the police
00:39:23must have been a huge relief.
00:39:25Are you trying to say I deliberately blame Nadia
00:39:27to get her out of the way?
00:39:28I don't know. I'm not suggesting that at all, Mr. Turner.
00:39:30I don't think you are capable of making that sort of calculation.
00:39:34What I do suggest is that you wrongly believed
00:39:37Miss Phillips was the culprit,
00:39:39because that was the solution that suited you best.
00:39:43I have no further questions, Your Honour.
00:39:47Thank you, Mr. Turner.
00:39:49I call Daphne Farrar.
00:39:51Daphne Farrar.
00:40:02You are Mrs. Daphne Farrar,
00:40:04and you live at 31B, Genevieve Gardens, Fulchester.
00:40:06Yes, that's right.
00:40:07And how long have you known Alice Lovell?
00:40:09Oh, since they moved in,
00:40:11before Sandy was born, her daughter.
00:40:14That's when she and John were together.
00:40:17He moved out about two years ago,
00:40:19and Mr. Turner came.
00:40:22And do you recognise the defendant?
00:40:23That's the person sitting over here.
00:40:25Yes, I do.
00:40:26Yes. How do you know her?
00:40:28Well, she's a friend of Mr. Turner's.
00:40:30I found her at the house one day,
00:40:32waiting when I got back from shopping.
00:40:35She wanted to see him, but there was no one in downstairs.
00:40:38So I said she could come up and wait with me, if she liked,
00:40:41and I'd go for a cup of tea.
00:40:43I didn't realise at first who she was.
00:40:46Well, she seemed quite a quiet little thing.
00:40:50But then she started talking about the hospital,
00:40:54and I realised who she was.
00:40:56What did you realise?
00:40:58Well, that she was the one who went for Alice that Christmas.
00:41:02And when did this meeting with the accused take place?
00:41:06Oh, quite early on.
00:41:07Not long after Christmas.
00:41:10About January, I'd say.
00:41:12And did you see her again?
00:41:13Yes, I did, on and off.
00:41:15But not to speak to.
00:41:17She never came in the gate.
00:41:19But I saw her in the street.
00:41:22Can you see the street from your window?
00:41:24Well, I don't spend my time glued to the window,
00:41:27if that's what you mean.
00:41:29But I sometimes could look out for Sandy,
00:41:32just keeping an eye open.
00:41:33And sometimes you saw the accused?
00:41:35Yes, quite a lot of times.
00:41:37She'd just hang around,
00:41:39and then sometimes she'd sit on the wall opposite.
00:41:42Or she'd sit there until after dark sometime.
00:41:45You can see quite well,
00:41:46they'd put those awful orange lights there.
00:41:49And then I'd look again later,
00:41:51and she'd be gone.
00:41:53Did you tell Mrs Lovell or Mr Turner when you saw her?
00:41:56Oh, yes.
00:41:57I thought it best seeing after what had happened.
00:42:01Were you at home on April 21st of last year?
00:42:05That's the day they had the burglary.
00:42:07Yes.
00:42:07Yes, I was.
00:42:09Yes, and did you see the accused on that day?
00:42:12Well, I didn't see her arrive,
00:42:14but when I heard the car start,
00:42:16and when I looked out,
00:42:18she was sitting beside Mr Turner.
00:42:20Do you remember what time that was?
00:42:22Yes, it was after three,
00:42:24because afternoon theatre had started.
00:42:27And did you see her again that day?
00:42:29Yes, I did.
00:42:30I was surprised,
00:42:31because it wasn't long after
00:42:33I'd seen her drive off with Mr Turner,
00:42:35and there she was,
00:42:36walking past the house again.
00:42:38And you're quite sure that it was her?
00:42:40Oh, yes, quite sure.
00:42:41Can you say what time this was?
00:42:43Yes, because Jack De Mania would just come on,
00:42:48and he always starts at ten to four.
00:42:50Then there's a break for the four o'clock news,
00:42:53and he comes back again with another guest at five past.
00:42:56So it must have been about ten to four
00:42:58when she walked past.
00:43:00Did you see where she went?
00:43:02No, I didn't,
00:43:03because Sandy rang the bell just then.
00:43:05She comes up to me
00:43:07if there's no one in the flat downstairs.
00:43:09So the accused might have entered the house
00:43:11while you were letting Sandy in.
00:43:13Oh, yes, I suppose she might.
00:43:15Or she might have been just leaving
00:43:17when I saw her that second time come to that.
00:43:19Yes, in any case,
00:43:22you saw her at or near the house
00:43:24once just after three
00:43:25and once just before four.
00:43:28Yes, yes.
00:43:29Just before and probably just after
00:43:31the flat was broken into, in fact,
00:43:33because Mr Turner came back at five past four.
00:43:36Yes.
00:43:37Oh, poor things.
00:43:38You never saw such things in life.
00:43:41Shocking.
00:43:41Yes, thank you.
00:43:44If you'll just wait there,
00:43:45my learning friend may wish to ask you
00:43:47some more questions.
00:43:50Mrs Farrell,
00:43:51do you go out to work?
00:43:53Oh, I'm an OAB.
00:43:55So you spend quite a lot of time
00:43:57at home in Genevieve Gardens?
00:43:59Yes, I do.
00:44:00Did the Lovells get a lot of callers?
00:44:02Oh, yes.
00:44:03They did a lot of entertaining.
00:44:06And then Mrs Lovell had her people
00:44:08who came to sit for her.
00:44:09But, of course, if they were expected,
00:44:11they sometimes went straight round to the back door.
00:44:14How do you get to the back door?
00:44:15Is there a side door?
00:44:16Yes, through the back garden.
00:44:19Isn't that kept locked?
00:44:20Well, it ought to be,
00:44:21but it keeps getting broken.
00:44:23It's where the dustbins are.
00:44:25So any friend, or former friend,
00:44:28or acquaintance even,
00:44:29might very easily drop in on the off chance
00:44:32without going to the front door at all.
00:44:33Anyone, really.
00:44:35Oh, yes.
00:44:35They're very informal,
00:44:37very friendly and thoughtful,
00:44:39and very good neighbours.
00:44:41Were they ever noisy neighbours?
00:44:42Well, they never bothered me.
00:44:45Did they have rowers, for instance?
00:44:49Did Mrs Lovell confide in you?
00:44:52Well, if she had confided in me,
00:44:55I wouldn't tell you, would I?
00:44:57Oh, Mrs Farrow, you must answer the question.
00:44:59You are under oath.
00:45:02Look, Vic.
00:45:03I'm sorry.
00:45:04Did you hear them quarrelling sometimes?
00:45:06Well, yes, I did, if you must know.
00:45:09Were they violent quarrels?
00:45:10Oh, no, he's not like that.
00:45:13But you heard voices raised, is it?
00:45:15Well, just once or twice.
00:45:17What else did you hear?
00:45:21Well, there was a window broken that time.
00:45:24Oh, she was ever so upset about it.
00:45:26He went out through the front door,
00:45:28but she came up to me in a terrible state.
00:45:31Shaking, she was.
00:45:32Well, she'd thrown a marble statue at it.
00:45:36Only a little one.
00:45:37But it went straight through into the garden,
00:45:40and it's there still in the middle of the rose bed.
00:45:43I'm going to leave it there for a memorial.
00:45:46Were there any other times?
00:45:48Well, no, not like that.
00:45:51Because it was Sandy I was sorry for,
00:45:54if you want to know the truth.
00:45:55Well, you can't expect a little girl to understand, can you?
00:45:59Was she very unhappy at the separation?
00:46:01Well, she didn't say so,
00:46:03but then she wouldn't.
00:46:05But she misses, John.
00:46:06You can see that.
00:46:08She adores him.
00:46:10I think she turned against him a bit once.
00:46:15I think she felt that he deserted her somehow.
00:46:18John, is this Mr. Lovell?
00:46:21Oh, that's right.
00:46:22Your Honour.
00:46:24Oh, thank you.
00:46:25Yes?
00:46:26And is Mr. Lovell a frequent visitor to the house?
00:46:30Oh, yes, he comes regularly every week for Sandy.
00:46:34And he left some of his things in the flat, of course.
00:46:38Because he hasn't got...
00:46:39He comes and collects them when he wants them.
00:46:41He hasn't got a place of his own yet.
00:46:43Not a place of his own.
00:46:45Thank you, Mrs. Farrow.
00:46:46One last question.
00:46:48You say that you saw someone you thought to be my client,
00:46:51Mr. Lips, twice on the day the flat was broken into.
00:46:55Yes, I did.
00:46:56You saw her sitting in the car with Mr. Turner?
00:46:57Yes.
00:46:58Did you see her getting into the car?
00:47:00No, she was already in.
00:47:02So at that time you didn't see what she was wearing?
00:47:05No.
00:47:06But you saw her face quite clearly, did you?
00:47:08Oh, yes.
00:47:09And the second time you saw the person you took to be my client passing the house,
00:47:13did you see her face?
00:47:14Well, not full on, because she was walking past.
00:47:19I see.
00:47:20Did you notice then how she was dressed?
00:47:23Yes.
00:47:23She had a mack on, raincoat, pale, I think it was, green-coloured.
00:47:28Did you ever see her in any other coat?
00:47:32Well, she had one of those jackets.
00:47:35You know, I can't remember.
00:47:38Brown sheepskin, I think.
00:47:41Thank you, Mrs. Farrow.
00:47:43I have no re-examination, Your Honor.
00:47:46That is the case for the prosecution.
00:47:48Yes.
00:47:49Well, let us adjourn now for lunch,
00:47:51and start again at five past two.
00:47:55Oh, all right.
00:48:10Join us again tomorrow when the case of the Queen against Phillips
00:48:13will be concluded in the Crown Court.
00:48:37The accused, Nadia Phillips, is about to give evidence.
00:48:39She's pleaded not guilty to wounding Alice Lovell
00:48:42and causing criminal damage to the flat in which Alice Lovell lives
00:48:46with Nadia's ex-fiancée, Bob Turner.
00:48:51Is your full name Nadia Marina Phillips?
00:48:54Yes.
00:48:54And you live at 115 Grange Close, Fulchester?
00:48:57Since I came out of hospital.
00:48:59How long is that?
00:49:00A year, over.
00:49:01And you were in hospital how long?
00:49:03About nine months altogether.
00:49:05You went into hospital because you'd had a nervous breakdown?
00:49:08Yes.
00:49:09I needed a complete rest.
00:49:10Mr Turner has told us that you had a breakdown
00:49:13because he was leaving you, is that right?
00:49:15We were going to be married.
00:49:17I hit him with a bottle.
00:49:18He's told you.
00:49:19Why did you hit him?
00:49:21I just did. I don't know.
00:49:23You must have had a reason for hitting him.
00:49:25Well, because he was leaving.
00:49:27Did that make you angry?
00:49:29Yes, I was very angry.
00:49:31You went into hospital. Did you have treatment there?
00:49:34Yes, I had everything.
00:49:35I was having electric treatment, shock treatment, and therapy, group therapy, and lots of different kinds of drugs, pills.
00:49:42And Mr Turner came to see you while you were in hospital?
00:49:45Yes, he came to see me.
00:49:47Were you still angry with him?
00:49:49No, there wasn't any point.
00:49:50And then he stopped coming to see you?
00:49:53Yes.
00:49:53He wrote to me sometimes.
00:49:56He has told the court that he stopped coming to see you because he had met Alice Lovell.
00:49:59He told you that too?
00:50:01Yes.
00:50:02What did you say when he told you? Can you remember?
00:50:06Nothing. I don't remember.
00:50:08He has told us that you said you didn't want to see him again. Is that right? Is that what
00:50:11you said?
00:50:12I don't know.
00:50:13Were you very upset about Mrs Lovell?
00:50:16No.
00:50:17Mr Turner has said that you were very upset.
00:50:19No, I wasn't.
00:50:21What were your feelings towards Mr Turner after he had told you?
00:50:28Miss Phillips, you must try to answer the questions vocally for the transcript, not just nod or shake your head.
00:50:36Do you understand, Miss Phillips?
00:50:37Yes.
00:50:39Good.
00:50:40Yes.
00:50:41Mr Turner has told the court that when he told you about Mrs Lovell, you said you didn't want to
00:50:46see him again.
00:50:47Is that true?
00:50:49Yes, perhaps. Sorry, I don't remember very well.
00:50:53When you came out of hospital, you did see him. He wrote to you, isn't that right?
00:50:57Yes. He wrote to ask me for Christmas Day, so I telephoned.
00:51:02You'd been in hospital a long time, hadn't you?
00:51:05How did you feel about meeting people?
00:51:08It's a bit strange. At first, when you come out, you don't realise how protected you are.
00:51:14I couldn't wait to leave, but then when I had to, I didn't want to.
00:51:19Well, I did and I didn't.
00:51:20Had you been out at all before you finally left?
00:51:23Yes, once or twice. And for weekends.
00:51:26It's a bit frightening, in a way.
00:51:27But you weren't worried about spending Christmas Day with strangers?
00:51:31He said it would be just us.
00:51:33I thought he meant just him and me.
00:51:36It was silly, really. I should have thought.
00:51:38But if it had been just you and him, that would have been all right, would it?
00:51:41Yes, I thought it would be nice.
00:51:43When you arrived for lunch, was it just you and him?
00:51:46No.
00:51:47Alice Lovell was there and he left me there with her and went to get some other people.
00:51:52How did you feel when he did that?
00:51:54It was stupid. I wouldn't have gone.
00:51:56Were you angry with him?
00:51:59I wasn't angry, exactly.
00:52:01Well, I was.
00:52:03I don't know. I don't remember.
00:52:05I felt a fool. It was stupid.
00:52:07I wanted to go back to Barham, but there weren't any buses.
00:52:10When Mr Turner went, did he leave you and Alice Lovell in the same room?
00:52:15She talked at me through the hatch. She was in the kitchen.
00:52:18Did you go into the kitchen?
00:52:19Yes.
00:52:20What for?
00:52:21For some water. I'm supposed to take pills.
00:52:24And did you take a pill?
00:52:25Two, yes.
00:52:26And then what happened?
00:52:29Well, she gave me some coffee and told me to do the sprouts.
00:52:34She was very nervous. She talked all the time.
00:52:37I thought it was rather funny. She should have had one of my pills.
00:52:40And then what happened?
00:52:42Well, I didn't want to be there.
00:52:44I was just sitting there doing the sprouts, listening to the silly cow going on.
00:52:50I'd rather be at home listening to the radio.
00:52:52So what did you do?
00:52:54Well, I said I was going.
00:52:56And she said I had to wait for Bob, Bobby.
00:53:00She was very upset.
00:53:02But I didn't want to wait.
00:53:03And she wouldn't let me pass the door.
00:53:06She said I had to wait for Bob to get back.
00:53:08Had you been sitting at the table?
00:53:10Yes.
00:53:11When I got up, I was going.
00:53:13You'd been preparing vegetables?
00:53:15Yes.
00:53:15With a knife?
00:53:16Yes.
00:53:17And what did you do with the knife when you got up?
00:53:20Nothing.
00:53:21Did you put it down or not?
00:53:22I don't know.
00:53:24Was it still in your hand?
00:53:26It might have been.
00:53:27You were not aware of it?
00:53:28No.
00:53:30Did you pick it up or keep hold of it because you intended to attack Mrs. Lovell?
00:53:34She was standing right in the door.
00:53:37Was it your intention to use the knife on Mrs. Lovell or simply to get out past her?
00:53:41I just wanted to get out.
00:53:42I didn't want to be there.
00:53:43I never wanted to be there.
00:53:45And what did she do?
00:53:47She grabbed me to stop me.
00:53:49She grabbed my wrists.
00:53:51She's very strong.
00:53:53Was there a struggle?
00:53:55I got away.
00:53:56What did you do?
00:53:57Home.
00:53:58I walked.
00:53:59There weren't any buses.
00:54:01I got a lift some of the way.
00:54:04After that Christmas day, you didn't see Mr. Turner for some time, did you?
00:54:08No.
00:54:09He said it'd be better not to anymore.
00:54:12He was always saying that.
00:54:13Was that because of what had happened between you and Mrs. Lovell?
00:54:16He thought I tried to kill her.
00:54:18That made me angry.
00:54:21And was that why you made those telephone calls?
00:54:24Yes.
00:54:26But you did see him again, didn't you, on April the 21st?
00:54:29I only wanted to give him back some of his books I'd found.
00:54:33And what happened at that meeting?
00:54:36Nothing happened.
00:54:37He just talked.
00:54:38What did he talk about?
00:54:39Oh, he said I was being very selfish and that he'd done everything he could to help and that it
00:54:47couldn't go on.
00:54:48I don't remember.
00:54:50On and on.
00:54:52Then he said he had to get her daughter back.
00:54:56So we left.
00:54:58I wanted to walk, but he made me have a lift to the bus stop.
00:55:01Did you get a bus?
00:55:03No, I wanted a walk.
00:55:05Did you walk back past the house?
00:55:07That's the opposite direction.
00:55:09So you walked home?
00:55:10Yes.
00:55:12On your way, did you walk back past the house and enter the studio and empty honey and feathers everywhere
00:55:17and damage the paintings that were there?
00:55:19No.
00:55:20I don't think so.
00:55:23What?
00:55:24Miss Kelman, does your client understand that she has pleaded not guilty to this charge?
00:55:30I think she may have been confused by my question, Your Honour.
00:55:33Well, I think we'd better be sure that she does understand.
00:55:35Miss Phillips, do you understand that you were charged with damaging the property of Mrs Alice Lovell on April the
00:55:4121st of last year?
00:55:43Yes.
00:55:44And you pleaded not guilty to this charge, did you not?
00:55:46Yes.
00:55:47And by that, what do you mean?
00:55:48I mean, do you mean that you did not enter the property and caused the damage that we've heard about?
00:55:52Or do you mean that you did do it, but it was not your fault?
00:55:57No, that you were unaware of what you were doing.
00:56:01Hmm?
00:56:03Oh, which do you mean?
00:56:05Did you do the damage or not?
00:56:06No, I didn't.
00:56:09And why did you say just now, I don't think so, when the council asked you the question?
00:56:15I don't know.
00:56:16No, I don't remember doing it.
00:56:19Your Honour, I'm afraid the court proceedings are something a strain for my client whose confidence is not robust.
00:56:24Is she known to have had such lapses of memory in the past?
00:56:27Not as far as I know, Your Honour.
00:56:29Miss Phillips, have you forgotten things in the past, important things?
00:56:33Not very important things.
00:56:36Don't think so.
00:56:37After the electric shock treatment, I sometimes couldn't remember things.
00:56:41Have you had any difficulty in remembering things since you left the hospital?
00:56:47No.
00:56:49Are you in employment, Miss Phillips?
00:56:51Do you have a job?
00:56:52Yes.
00:56:53I work for a veterinary surgeon.
00:56:55Mm-hmm.
00:56:55Any problems at work with your memory?
00:56:57No.
00:56:58I see.
00:56:59Yes, very well.
00:57:01You'd better carry on, Miss Kelman.
00:57:04Thank you, Your Honour.
00:57:04I have only one further question.
00:57:06Can you remember what you were wearing on April the 21st?
00:57:10Yes, my jeans and my blue jacket.
00:57:13Is it a light or dark blue?
00:57:15Medium blue.
00:57:16It's sheepskin with embroidered bits.
00:57:19It's got darker.
00:57:21Thank you, Miss Phillips.
00:57:22I have no further questions.
00:57:24Will you just wait there a moment?
00:57:25Yes.
00:57:28Miss Phillips, you were going to be married to Mr Turner.
00:57:31Yes.
00:57:32So you must have had very strong feelings towards him, did you?
00:57:36Sometimes good and perhaps sometimes, when he treated you badly, very bad feelings.
00:57:40Yes.
00:57:40Do you still?
00:57:42No.
00:57:43It takes quite a long time to get over those sort of feelings, doesn't it?
00:57:47Yes.
00:57:48Mm.
00:57:49While you were in the hospital, Mr Turner came to visit you quite often, didn't he?
00:57:53At Fulchester, he did, yes.
00:57:55Were you pleased when he came?
00:57:58Yes.
00:57:59But you weren't engaged anymore.
00:58:00Did you begin to hope that things might work out between you?
00:58:05I don't know.
00:58:06I don't remember.
00:58:08Miss Phillips, you've told us that when you learned in the hospital that Mr Turner had gone
00:58:12to live with someone else, that you weren't upset.
00:58:15But perhaps that is one of the moments that you don't remember very well, because Mr Turner
00:58:19has told the court that you were upset.
00:58:22So upset that you said that you didn't want to see him again.
00:58:25Now, perhaps you were so upset, so jealous, so angry, that it's painful for you to remember.
00:58:32I don't know.
00:58:35On Christmas Day, you arrived for lunch, expecting it to be just you and Mr Turner, didn't you?
00:58:41Yes.
00:58:41But not only did you find that you were not going to be alone with Mr Turner, but that Alice
00:58:46Lovell was there,
00:58:47the woman who'd taken your place.
00:58:48That must have been a terrible shock for you, no doubt.
00:58:51No.
00:58:52No.
00:58:54No?
00:58:54But when you left the hospital, you were given pills to take.
00:58:57What were they for?
00:58:59To make me feel better.
00:59:00Yes, but what were they?
00:59:01Were they some kind of tranquilizer?
00:59:03Um, they were these.
00:59:05Yes, are those some kind of tranquilizer?
00:59:09Yes.
00:59:10Hmm.
00:59:11Well, Miss Phillips, when you were left alone with Mrs Lovell, almost the first thing you did
00:59:14was to take your pills.
00:59:15You must have been upset enough to need them.
00:59:19I don't know.
00:59:20Anyone who would have been upset after what you've been through to be confronted suddenly
00:59:24like that with your rival, and you'd spent almost a year in a very sheltered environment,
00:59:28protected, to use your own words.
00:59:30So you very wisely took your pills, isn't that right?
00:59:33Yes.
00:59:34Yes.
00:59:35And while you sat there, she went on talking at you, didn't see, and you wished you were at home.
00:59:41Yes.
00:59:42And when you wanted to leave, she was in your way, wasn't she?
00:59:44Yes.
00:59:45Yes, that was very annoying too, wasn't it?
00:59:47Yes.
00:59:47She was in your way in more than just the physical sense, Miss Phillips.
00:59:50You wanted her out of the way, and you tried to get rid of her by lashing out and attacking
00:59:54her with the knife that you found in your hand.
00:59:56Isn't that what happened?
00:59:57Yes.
00:59:57Oh, Your Honor, I think my learned friend must limit himself to one question at a time.
01:00:02I think my client is confused by these package questions, and her answers do not give a true
01:00:06picture.
01:00:07Yes, yes.
01:00:07Mr Shermer, I think you had better take things in stages.
01:00:10Now, Miss Phillips, a counsellor has asked you if you tried to get rid of Mrs Lovell by attacking
01:00:15her with the knife which you had in your hand.
01:00:18Do you understand the question?
01:00:21Yes.
01:00:21Yes.
01:00:21And how do you answer?
01:00:23Did you try to get rid of her by attacking her with the knife?
01:00:26I just wanted to get out.
01:00:27Yes, but did you attack her with the knife in order to get out?
01:00:33No.
01:00:35No.
01:00:36Right.
01:00:37Carry on, Mr Shermer.
01:00:38The fact remains that Mrs Lovell did sustain an injury to her arm, quite a deep cut, in
01:00:43fact.
01:00:45Now, Mr Turner and Mrs Lovell have told us that during the months after Christmas, you made
01:00:51a number of telephone calls which were hostile and unpleasant.
01:00:54Do you deny them?
01:00:55No.
01:00:56You must have felt quite strongly towards them to go to so much trouble to hurt them,
01:00:59and yet you've said that you did not feel jealous or angry.
01:01:03I was angry.
01:01:04Were you angry enough to call out the fire brigade in the middle of the night?
01:01:07Yes.
01:01:11And when you came to 31A Genevieve Gardens on April the 21st, it was the first time you'd
01:01:16been in the flat since Christmas Day, wasn't it?
01:01:18Yes.
01:01:18It must have been very painful for you.
01:01:20Perhaps it reminded you of the time when you and Mr Turner had been setting up a home.
01:01:25It was a studio.
01:01:27Did you see any of the portraits that Mrs Lovell was working on?
01:01:30Yes.
01:01:31Did you recognise any of them?
01:01:32There was one of Bob.
01:01:34Do you think it was a good portrait?
01:01:37No.
01:01:38It wasn't the man you knew?
01:01:40It wasn't like him.
01:01:41Oh, was there any one of him with other people?
01:01:45Yes.
01:01:46Did you recognise them?
01:01:47There was one of Alice Lovell and her daughter.
01:01:51Are you able to have children, Miss Phillips?
01:01:56No, I can't.
01:01:57And Mr Turner knew this?
01:02:00Yes.
01:02:01I told him.
01:02:02He said we could adopt.
01:02:05You and he were planning to have a family?
01:02:07Yes.
01:02:08Yes.
01:02:09Did you know that Mrs Lovell was pregnant, that she was going to have a child by the man
01:02:13you loved?
01:02:14I'd known a long time.
01:02:15I saw her in the street.
01:02:16Miss Phillips, whether you'd known for a long time or whether you found out that afternoon,
01:02:21I suggest that the reality of what you had lost only became clear to you as you stood
01:02:25there with Mr Turner in his home, and that when he left you, you felt angry and excluded.
01:02:30I suggest that in anger, you returned to the studio to destroy what you could never have.
01:02:36Isn't that what happened?
01:02:46Do you have a light-coloured raincoat, Miss Phillips?
01:02:51No.
01:02:53Yes.
01:02:54Yes, I do.
01:02:57Yeah.
01:02:58Thank you, Miss Phillips.
01:02:59I have no further questions, Your Honour.
01:03:03I have just one more question, Your Honour.
01:03:06Now, these pills that the doctor had given you to take, when do you normally take them?
01:03:10Three times a day, with meals.
01:03:13I have a different one at night.
01:03:14And on Christmas Day, when did you take your first pill?
01:03:18At breakfast, too.
01:03:20So the next one would have to be taken at about lunchtime?
01:03:23Yes.
01:03:23At about the time you got to Genevieve Gardens, in fact, for Christmas lunch?
01:03:27Yes.
01:03:28And on April the 21st, when did you go to Genevieve Gardens?
01:03:33About two o'clock later.
01:03:35So you had already taken your pills?
01:03:38Yes.
01:03:39I take two kinds.
01:03:41Thank you, Miss Phillips.
01:03:42That's all.
01:03:44Does Your Honour have any questions?
01:03:45No.
01:03:55Dr. Anderson, is Miss Nadia Phillips a patient of yours?
01:03:58Yes, she is.
01:03:58How long has she been a patient?
01:04:00For 15 months, since she was discharged from Barham Clinic.
01:04:02She didn't continue to go to the clinic as an outpatient?
01:04:05No.
01:04:05Has she been having any other form of treatment, psychotherapy or analysis, for instance?
01:04:09No, she hasn't.
01:04:10Would you be aware if she were?
01:04:11Oh, yes.
01:04:11As a GP, I should have been informed.
01:04:13But further treatment was not considered necessary in her case?
01:04:16She'd been in the clinic for a longish time.
01:04:18Her progress was slow to begin with, but overall they felt she'd made an excellent recovery.
01:04:22Miss Phillips has told us that while she was in hospital, she underwent a form of electric
01:04:26shock treatment.
01:04:27Yes, I believe so.
01:04:28She has told us that this can cause loss of memory.
01:04:30No, no.
01:04:31It doesn't seem to affect the memory in any permanent way.
01:04:34It can, in some cases, cause a certain forgetfulness.
01:04:37The patient may suffer a temporary inability to remember names, to recognise people and
01:04:42places and so on.
01:04:43But it's a short-term thing.
01:04:44It only lasts for a short period, no more than, say, two months.
01:04:48And it's very limited in its effect.
01:04:50I happen to believe it's very limited in its effectiveness.
01:04:53But that's another matter.
01:04:55It is still fashionable in some hospitals.
01:04:57Yes, so that Miss Phillips' memory of what happened, what she did before and after leaving
01:05:02hospital, is not likely to have been impaired.
01:05:04No, not by the treatment you're referring to.
01:05:06Not by ECT.
01:05:07ECT, that is it?
01:05:08Electroconvulsive therapy.
01:05:09A shock treatment, if you like.
01:05:10Yes, I see.
01:05:12I see.
01:05:13So, for instance, any fears Miss Phillips might have had about having committed an action
01:05:17and not been aware of it, or having committed it and then forgotten it, would have been
01:05:20groundless.
01:05:22All I would say is that, in my opinion, ECT would not necessarily make her more vulnerable
01:05:27to memory loss.
01:05:28I see.
01:05:29What about the pills she was taking?
01:05:31Well, she's on a course of antidepressant and tranquilizers.
01:05:34These pills have opposite effects, don't they?
01:05:36Hmm.
01:05:36One calms you down, the other picks you up, as it were.
01:05:39Is it unusual to take both types?
01:05:41No, no.
01:05:41It's not unusual.
01:05:42It's becoming rather common, I'm afraid.
01:05:43Generally, the pills would have what effect upon Miss Phillips' behavior?
01:05:46Well, we really know very little about the actual processes involved, but essentially,
01:05:51as far as we can judge, these drugs seem to act by reducing our response to stimuli, which
01:05:56might disturb us.
01:05:57They act as a sort of screen, a sort of psychic umbrella, if you like.
01:06:01So that, quite apart from her hospital treatment, if Miss Phillips continued to take the drugs
01:06:06regularly that she was prescribed, she would be less likely to overreact to situations which
01:06:10she might have formerly found threatening or disturbing?
01:06:12I would say so, yes.
01:06:14Thank you, Dr. Anderson.
01:06:18Dr. Anderson, did you yourself see the accused on a fairly regular basis after her discharge
01:06:23from the hospital?
01:06:24I saw her, I suppose, every few weeks to begin with, less frequently as time went on, as often
01:06:30as she needed to see me.
01:06:31And when you did see her, how did she seem to you?
01:06:33She seemed to me to be making excellent progress.
01:06:36Were you aware of Miss Phillips' connection with Mr. Turner?
01:06:39No.
01:06:40The man she was engaged to before her breakdown?
01:06:42No.
01:06:43Did she talk about her breakdown at all?
01:06:46Not directly, no.
01:06:47She didn't discuss her private life in any way?
01:06:49No, she was rather reserved.
01:06:51And probably you could only give her a limited amount of time.
01:06:54I should have given her more time if I felt she needed it.
01:06:57Yes, of course.
01:06:59Dr. Anderson, we've heard that during the period after the accused was discharged from the
01:07:03hospital, she took to hanging around the flat where Mr. Turner and his family lived
01:07:07and to making telephone calls at all hours of the night and day.
01:07:10Were you aware that she was carrying on in this way?
01:07:13No, I wasn't.
01:07:15How would you characterize such behavior as normal?
01:07:18No, certainly not.
01:07:19How then?
01:07:20Well, of course, one would really need to know a little more about the circumstances.
01:07:23There are times when to behave normally would be clearly an entirely inappropriate response.
01:07:30But clearly what you're referring to is not normal behavior.
01:07:34Ah, acceptable behavior, shall we say.
01:07:37I see.
01:07:38And yet the accused was behaving in this abnormal way at the same time.
01:07:42Your Honor, I must object to the use of the word abnormal, which goes far beyond what
01:07:46Dr. Anderson was saying.
01:07:47Yes.
01:07:48Yes, I think Miss Kelman is right.
01:07:50In this context, the witness was suggesting no more than irregularity, not clinical abnormality.
01:07:56Your Honor, the point I'm trying to make, Dr. Anderson, is simply that the accused is known
01:08:01to have been behaving in an odd way.
01:08:03Now, if you'd known about this behavior, would you have been satisfied to continue with the
01:08:07drugs alone, or might you have referred her back to the clinic or some other therapy?
01:08:11I should need to know more about it, I'm afraid.
01:08:14Hmm.
01:08:16Am I right in thinking you don't always approve of the methods used at Barham?
01:08:19Why do you say that?
01:08:20You referred to their use of techniques as fashionable.
01:08:23Yes, I was referring to the use of electroconvulsive therapy.
01:08:27It has its adherence, I know.
01:08:29And it certainly has been shown to be effective in the treatment of older patients, especially
01:08:33women, in extreme cases.
01:08:36Where there's little or no alternative, a case can be made out for ECT, but I'm not broadly
01:08:41speaking in favor of it, no.
01:08:42You do not think it was called for in the accused case?
01:08:46It seemed an extreme remedy for such a young, such a very young woman.
01:08:51There are many resources open to her, and she has time on her side.
01:08:54Possibly the clinic regarded her case as more severe than you did.
01:08:58Yes.
01:09:00If Miss Phillips had been on these drugs before her breakdown, would she have been less likely
01:09:05to have hit Mr. Turner over the head with a bottle of champagne?
01:09:07I beg your pardon?
01:09:09I'm referring to the events that led to her breakdown and why she went into the hospital.
01:09:14I see.
01:09:16You don't know about that?
01:09:17I don't believe it was mentioned on the reports I've seen.
01:09:21I see.
01:09:22What reports have you had?
01:09:24The reports from Barham tend to be not always of the fullest.
01:09:28What did they tell you in this case?
01:09:30There were chiefly details of a severe depression, of the various types of treatment, the patient's
01:09:36progress and so on.
01:09:37I see.
01:09:39Was there nothing about her past history, her violence and so on?
01:09:43Not that I recall.
01:09:44Nor about the fact that she'd been raped as a child?
01:09:47Nothing.
01:09:48Hmm.
01:09:49If you'd known about her past history, would you have treated her differently?
01:09:52I should have done, yes.
01:09:54Are you saying that you would have felt that simply prescribing drugs was not adequate?
01:09:59No, I'm not saying that.
01:10:01Well, how would your treatment have been different?
01:10:04That's not a question I can answer without more information than I have at the moment.
01:10:07I see.
01:10:08Thank you, Dr. Anderson.
01:10:11May this witness be released, Your Honor.
01:10:13He has...
01:10:13No, it's all right.
01:10:15I'm all right for a time.
01:10:16I think I'd like to stay.
01:10:18Yes, of course.
01:10:19That is the case for the defense, Your Honor.
01:10:25Members of the jury, the issue in relation to the first count, malicious wounding, is
01:10:31whether Mrs. Lovell's undoubted wound was caused deliberately by the accused or was
01:10:36accidental.
01:10:37The issue in relation to the second count, criminal damage, is whether it was the accused
01:10:43who created the havoc in Mrs. Lovell's flat.
01:10:46Those broadly are the issues.
01:10:48Now, remember the golden rule.
01:10:50Unless you are satisfied, so that you are sure that the accused committed these offenses,
01:10:57then your verdict must be one of not guilty.
01:11:00Will you now retire, elect a foreman to speak for you on your return, and consider your verdict?
01:11:13Will the foreman please stand?
01:11:16Just answer this question, yes or no.
01:11:19Have you reached a verdict on which you were all agreed?
01:11:22Yes.
01:11:23On the first count, malicious wounding.
01:11:25Do you find the accused guilty or not guilty?
01:11:27Not guilty.
01:11:28On the second count, criminal damage.
01:11:31Do you find the accused guilty or not guilty?
01:11:34Not guilty.
01:11:37In my view, this was a prosecution which should never have been brought.
01:11:41Goodness knows the poor woman has been subjected to enough already.
01:11:45Anyone should have been able to recognize that she was not a criminal in the normal sense,
01:11:49and that the only appropriate course was to offer her help and care.
01:11:53I shall make an order for the prosecution to pay the defense costs.
01:12:22You can join us again when our cameras return
01:12:25to bring you another case in the Crown Court.
01:12:28I shall make an order for the prosecution to pay the defense costs.
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