- 1 day ago
First broadcast 22nd October 1974.
Lt. Palfrey escapes Norway and returns to Hero, only to discover the horrific truth of his murder.
Donald Burton - Commander Mark Nialls
David Savile - Lt. Commander Beaumont
Norman Eshley - Lieutenant Last
Michael Cochrane - Lt. Palfrey RM
Philip Bond - Commander Hilliard
Frank Duncan - Mr. Cook
Helen Lindsay - Angela Palfrey
Geoffrey Toone - General Tiering
Frederick Treves - The Major
David Sterne - Sergeant Watkins
Kenneth Scott - Corporal Blundell
Paul Williamson - Judge Advocate
Arnold Peters - President of the Court
David Goodland - Officer of the Court
Kenneth Shaw - The Norwegian A.D.C.
Lt. Palfrey escapes Norway and returns to Hero, only to discover the horrific truth of his murder.
Donald Burton - Commander Mark Nialls
David Savile - Lt. Commander Beaumont
Norman Eshley - Lieutenant Last
Michael Cochrane - Lt. Palfrey RM
Philip Bond - Commander Hilliard
Frank Duncan - Mr. Cook
Helen Lindsay - Angela Palfrey
Geoffrey Toone - General Tiering
Frederick Treves - The Major
David Sterne - Sergeant Watkins
Kenneth Scott - Corporal Blundell
Paul Williamson - Judge Advocate
Arnold Peters - President of the Court
David Goodland - Officer of the Court
Kenneth Shaw - The Norwegian A.D.C.
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TVTranscript
00:28This video is brought to you by the
00:40if only he hadn't run away he has killed him he is afraid but he has nowhere to go he
00:45may run the
00:46whole length of norway he may try to cross over into sweden oh ah ready any news nothing sir
00:54they are pulling more troops off the exercise to join them out commander niles captain of hos hero
01:00mate of bradland my adc lieutenant palfrey belongs to you sir he was in charge of a small royal marine
01:05commando unit who were attached to hos hero for the duration of the exercise sit down freddie
01:10what is the mood out there among the troops i mean not good sir major crony the officer palfrey killed
01:16was very popular here a local man do we have any more details of what happened all we know is
01:22that
01:22palfrey and his marines were captured during the exercise palfrey alone was being interrogated by
01:28major crony palfrey attacked crony a karate blow killed him then palfrey made an escape
01:41general turing regarding jurisdiction who is to take him to trial we can discuss a trial when
01:47palfrey has been taken alive alive there's no question surely palfrey is a killer commander
01:52a killer on the run in a foreign country who knows what the state of his mind may be
01:58in a��
02:09the
02:21on
02:23it
02:38come in worry sir anything from the embassy yes i've just spoken to the ambassador he asked me to
02:45tell you to be rather careful what you say to the norwegians about any trial or anything like that
02:50did he ambassador himself yes everybody keeps talking about a trial haven't caught him yet
02:57pulpery's a commando he's trained in escape and ovation he could probably stay out there for
03:01weeks if he wants to
03:28so
03:32so
04:01So, let's get started.
04:31So, let's get started.
05:01So, let's get started.
05:31So, let's get started.
06:01So, let's get started.
06:18So, let's get started.
06:31Take your time.
06:42Does anyone know you're here?
06:50Sir, I killed him.
06:52I know, Peter.
06:53But he's dead, sir.
06:54I hit him, and it was so quick.
07:00I'd do anything to...
07:02There's nothing you can do.
07:05If it was an accident...
07:06It was, I swear to God, I didn't mean to kill him.
07:12It's a nightmare.
07:13I can't believe...
07:17If I had the courage, I'd...
07:20Well, I don't want to go on anyway.
07:26I don't want to go on...
07:28Sir, I want...
07:29Another.
07:30I want to go home, sir.
07:34Well, I'll have to see about that.
07:35No, you don't understand, sir.
07:37No, I have to be punished.
07:38I should be, but I want a court-martial.
07:41A naval trial in England.
07:44I don't want to...
07:49Well, I don't know what I can do.
07:51It's a high-level decision.
07:52It's not my responsibility.
07:58That's what he used to say when he was alive.
08:01Who?
08:02My father.
08:05Very fond of that word.
08:08Responsibility.
08:15It's all here in his diary.
08:19Responsibility.
08:20Duty.
08:22Facing the consequences of one's actions.
08:30I'm going to lock this cabin.
08:32But I'll send along the medical assistant and some food.
08:37Now you know where the bathroom is.
08:39Now you can use my bunk.
08:42Thank you, sir.
08:54But you will hand him over to the proper authorities.
08:57You are not claiming the...
08:58What is it called?
08:59The immunity of a British warship.
09:00No, sir.
09:01Good.
09:02But.
09:03Yes, Commander?
09:05General, you and I are serving officers.
09:07We understand each other.
09:08We were both young officers ourselves once.
09:10So was Major Kronik.
09:12He will not grow any older.
09:14But his children will.
09:16A girl of six.
09:18A boy of four.
09:19If he has tried here, sir, it will become an emotional affair.
09:22The foreigner who has struck down a Norwegian officer.
09:25Those are the facts.
09:26Lieutenant Paltrey killed on Norwegian soil.
09:28He should be tried on Norwegian soil.
09:30I'm not suggesting so that a Norwegian court will be prejudiced.
09:32But there are the language difficulties.
09:34There need for foreign counsel.
09:35Local pressures on the prosecution.
09:36The odds will be similarly against a Norwegian officer in a British court.
09:40What's the commander mean, sir?
09:41I think I know what the commander means, Freddy.
09:44A court-martialed by your Royal Navy.
09:47That is what you want.
09:48Yes, sir.
09:49It would be a just trial.
09:53It is not my decision, of course.
09:56But your recommendation, sir, would be crucial.
09:59And a trial here could cause international ill-feeling.
10:02That is a relevant point, sir.
10:03Yes, yes, yes.
10:04But I am not disposed to make things easier for Lieutenant Paltrey.
10:08Things won't be easy for him, sir.
10:10On a manslaughter charge, he'll face a maximum sentence of imprisonment for life.
10:35It won't be long, though.
10:37You think so?
10:38Chill out.
10:40Do you know the legal definition of manslaughter?
10:43No.
10:44Unlawful killing without direct intention to kill or even to do grievous bodily harm.
10:48In other words, it doesn't matter that you didn't mean it.
10:51Look.
10:52Look, don't give up.
10:53It could show.
10:55I don't really care.
11:10Mrs. Palfrey's here.
11:11Oh, fine.
11:14Your mother's here.
11:15Oh, no.
11:16You can have a minute or two.
11:18Don't you want to?
11:21Yes, all right.
11:23I, uh, I should stay, but, uh, I'll be just outside the door.
11:30Darling.
11:33Now, how are you?
11:34Fine.
11:35Yes, you look well.
11:36I asked you not to come, mother.
11:38Let's sit down a moment.
11:39We've only got a minute.
11:40Yes, I know.
11:42Now, the thing is, darling, I know you did nothing wrong.
11:46Whatever happens, I know that.
11:47But I did.
11:48I killed a man.
11:49There's no defense for that.
11:51Mr. Cook will find one.
11:52He's a very good barrister, you know.
11:54He was your idea, wasn't he?
11:55Yes.
11:56Well, he'll give you a fighting chance.
12:00You have all my sympathy.
12:01You always have had it.
12:03You know, I never wanted you to go into any of the services.
12:06Well, I shan't be in the very much longer.
12:09Commander Hilliard will see to that.
12:10Commander Hilliard?
12:12He's the prosecutor.
12:13Naval barrister and pretty ruthless, by all accounts.
12:17Like my father.
12:18Now, Peter, forget your father.
12:21Put what he was right out of your mind.
12:24He paid a terrible price for winning all those medals and killing all those men.
12:29I know.
12:30The nightmares.
12:32And the screams in the night.
12:35Darling, whatever happens, I love you.
12:40Just be brave.
12:46Bring in the accused.
12:51Okay.
12:59Woo-hoo-hoo-hoo-hoo.
13:17Okay.
13:22The accused is represented, sir, by Mr. J. C. Cooke, bachelor of law.
13:30Admit the prosecutor and audience.
13:55Do you admit to being the person named in the charge sheet?
13:58Yes, sir, I do.
14:00Do you agree with your description therein,
14:02and that you are now and were at the time of the alleged offence
14:04subject to the Naval Discipline Act?
14:06Yes, sir.
14:08You are charged for that on the 30th day of May of this year,
14:11you did unlawfully kill Major Hans Kroenig of the Norwegian Land Forces.
14:16On this charge, how say you?
14:19Are you guilty or not guilty?
14:23Not guilty, sir.
14:30He's pleaded not guilty, gentlemen, so you all have to wait.
14:36At the time of the alleged offence,
14:38the accused was serving in Her Majesty's Ship Hera.
14:40He has since been lent to Her Majesty's Ship Drake.
14:43On 30th of May of this year,
14:44the accused was embarked an HMS hero
14:46on temporary attachment during exercise tally-ho.
14:53He had command of a small party comprising himself,
14:56two NCOs and two Royal Marines.
14:58The task was to be a daylight raid
15:00on the Norwegian island of Norrisom,
15:02designated as enemy territory
15:04for the purposes of the exercise.
15:29The landing was successful,
15:30and the party then had to scale a cliff.
15:55on the other hand,
15:56It is not a dead-eyed man,
15:58I was hoping you可以 to go around for this show,
15:58I did not go around for coming around,
16:01but it is not a secret,
16:01but it was a strong thing for me.
16:01We will try to come around for this show.
16:06On top of the cliff was their objective, a radar station commanding the sea approaches to the island.
16:16On the accused orders, the party split in two at the top of the cliff.
16:21One section under the Marine Sergeant was to act as a diversion.
16:26The accused and another Marine approached the radar station.
16:40The accused dealt with the barbed wire.
16:47The sergeant created the diversion.
16:59The accused was able to make his attack on the radar station.
17:22He placed a charge of explosive against the control room door.
17:26It was at this point that the plan misfired.
17:36The accused, together with his entire party, was captured by a unit of the Norwegian armed forces under Lieutenant Gross.
17:43The accused was taken to the Norwegian field headquarters for interrogation.
17:50The interrogation took place in accordance with the rules of the exercise, and at no time was the accused physically
17:55maltreated, nor threat thereof made.
17:58The interrogation was conducted by Major Hans Kronig of the Norwegian forces.
18:02On Tuesday, 11th of June, the accused appeared before me, and was charged with the offense listed on the accompanying
18:07charge sheet.
18:08The accused was cautioned, and had nothing to say.
18:12I have the honor to be, sir, your obedient servant, Casey Hilliard, Commander, Royal Navy.
18:18All witnesses are present, sir, and we are ready to proceed.
18:21Very well.
18:27Very well.
18:29Sergeant Watkins, you were second in command of the raiding party, landed from HMS Hero.
18:33Yes, sir.
18:34Will you tell the court what happened when you landed on the island?
18:36We secured the dinghy, and then we climbed the cliff, sir.
18:38What then?
18:39We remained in cover for a short while, while Mr. Palfrey decided what to do.
18:42And what did he decide?
18:43He ordered me to take a man, and to show ourselves to the guard around the radar station.
18:47We were to be a decoy, sir, while he and the corporal made the attack.
18:50You say decoy?
18:51We were to draw the fire, sir.
18:53Take the attention of the guard, so Mr. Palfrey could make his run unobserved.
18:56Were you not afraid of being shot?
18:58They were only using blanks, sir.
19:00Did every Marine know that blanks were being used?
19:03I'm sorry, sir, but Dad is asking for a conclusion which the witness is not competent to give.
19:07I beg your pardon, sir.
19:09What were your weapons loaded with?
19:11Blank ammunition, sir.
19:13Were operation orders issued for the exercise?
19:16Yes, sir.
19:17And did they specify the type of ammunition to be used in the land battle?
19:20Yes, sir.
19:20And so you clearly understood that with the exception of the explosive carried by Lieutenant Palfrey,
19:24no live ammunition was to be used in this phase of the exercise?
19:27Correct, sir.
19:29Were you at any time and any doubt that this was an exercise upon which you were engaged?
19:32No, sir.
19:33Nor that the opposing forces assuming the role of the enemy were other than our Norwegian allies?
19:38Correct, sir.
19:39Were you disposed to treat this exercise as anything other than a tough but reasonable form of commando training?
19:48No, sir, I was not.
19:53Sergeant Watkins, Lieutenant Palfrey carried live explosive, did he not?
19:57It was capable of detonation, sir, when raped.
20:00Enough to blow up the entire brick-built control room section of the radar station?
20:03Yes, sir.
20:04Conditions were then, if not those of war, certainly pretty dangerous.
20:07Not for a Royal Marine, sir.
20:09They were tough.
20:09It was a realistic test, in other words.
20:12Yes, sir.
20:12Thank you, Sergeant.
20:14No further questions, sir?
20:18You may stand down, Sergeant.
20:20So.
20:27Call Commander Niles, please, sir.
20:32The whole truth, and nothing but the truth.
20:40You are Commander Mark Niles, OBE, Royal Navy Commanding Officer of Her Majesty's Ship Hero?
20:45I am.
20:46Did HMS Hero take part in Exercise Tallyho in May of this year?
20:49She did.
20:49Was the accused embarked, and if so, for what purpose?
20:52The accused was in command of a small detachment of Royal Marine commandos who would be landed
20:56as a daylight raiding party on the island of Norsen.
20:58And you so landed them?
20:59I did.
21:00Did you brief the accused in this exercise?
21:03I did.
21:04Was the accused conscious of the fact that he and his men would be using blank ammunition?
21:07Ah, I'll rephrase that, sir.
21:10Were you at any time in any doubt as to the type of ammunition with which the Marines would land?
21:16I believe that they would land with blank ammunition in accordance with the exercise orders.
21:19And what did you understand to be the final phase of the accused's raiding exercise?
21:24He was to place explosive against the wall of a derelict building dressed to represent an enemy radar station and
21:29detonate the explosive.
21:31Did you feel it necessary to point out to the accused that this was a dummy building and not a
21:34real radar station?
21:36No, I did not think they're necessary.
21:38Did the accused at any time give you cause to believe that he did not understand that the whole thing
21:42was an exercise?
21:44I was satisfied that he knew the precise nature of his duties ashore.
21:49Thank you, Commander.
21:53I have no questions for Commander Niles, sir, arising directly from the prosecution's examination.
21:57I may later, however, crave the court's indulgence to call him as a witness for the defense.
22:02Very well, Mr. Cook.
22:04You may stand down, Commander.
22:11If you agree, sir, this would seem an appropriate time to adjourn for lunch.
22:16Very well.
22:23I've been here before, you know.
22:25Oh?
22:25Yes, one of Peter's friends was married in the church here.
22:28Ah, yes.
22:30So I enjoy naval weddings, guard of honor, swords drawn, all that.
22:34Oh, I meant to ask you, why was that sword in front of the president?
22:41Uh, it's Peter's.
22:43Hmm?
22:44The clerk took it for me when he came into the court.
22:47And when we eventually go home for the finding, we can tell if it's guilty or not by looking at
22:52the sword.
22:53If the hilt is towards Peter, then he's not guilty.
22:57But if the point is towards him, he is.
23:04It'd be point towards, won't it?
23:07I'm no legal eagle.
23:08I simply can't tell.
23:15I'm afraid it's time we're getting back.
23:45Yes.
23:46I don't understand.
23:47Oh, yes, I do.
23:49Are you Lieutenant Peter Michael Palfrey, Royal Marines?
23:52Yes, sir, I am.
23:54How long have you been in the service?
23:55Four and a half years, sir.
23:57And what made you select the Royal Marines as opposed to the Army or the Royal Navy?
24:00I, I believe the Royal Marines to be the finest corps in the world, sir.
24:05Have you as yet been in action with them?
24:07Not yet, no, sir.
24:08This raid, then, was the nearest thing to action which you've yet encountered?
24:11Yes, sir, it was.
24:12As far as you know, had the men whom you led on that occasion been in action themselves?
24:15All of them had been in Northern Ireland and some in other theatres, too.
24:19So they were better qualified to distinguish between war and a war game.
24:24Mr. Cook, if you please.
24:26My apologies, sir.
24:28To recap, Lieutenant, would you say that you were more or less experienced than the men
24:33you led on that raid?
24:35Less experienced, sir.
24:36Were you briefed before the raid?
24:38Yes, sir, by Commander Niles in HMS Hero.
24:41Were you satisfied with that briefing?
24:44Yes, sir, I was.
24:46Commendable of you to say that.
24:47Will you now tell the court, please, what happened after you landed on the island?
24:51We scaled the cliff and then split into two separate parties.
24:54And that was your decision, was it, to split up?
24:57Yes, sir, I was in command.
24:58Of your first raid?
24:59Yes, sir.
25:00Please continue.
25:02I led the attack on the radar station.
25:04What were you carrying?
25:05Explosives, sir.
25:06To destroy the radar station?
25:07Yes, sir.
25:09Do you mean that you intended, literally, to blow up the building?
25:12Yes, sir.
25:12Those were your orders?
25:13Yes, sir.
25:13Were your actions any different from those which would have been necessary had this been
25:16a war situation?
25:17No, sir, the problems were exactly the same.
25:19I see.
25:21And did you blow up the radar station?
25:24No, sir.
25:24I was captured before I could detonate the explosive.
25:27How did the opposing forces, how did they capture you?
25:30What did the arresting officer do?
25:32He put a pistol against my temple.
25:34Did he do that very suddenly?
25:35Well, yes.
25:36And were you very shocked by that?
25:39I suppose I was, yes.
25:42And what happened then?
25:45Then I was taken to a building and...
25:49And then?
25:51I was interrogated.
25:53What form did this interrogation take?
25:56A light was shone into my eyes.
25:58A light?
25:58A powerful light?
25:59Yes, sir.
25:59In a dark room?
26:00Yes, sir.
26:01Very powerful?
26:01Yes, sir.
26:02And what then?
26:04I was asked a lot of questions.
26:07When will the main force make its landings and in what strength?
26:12Come along now, Lieutenant.
26:14It's purely a point of information of no real consequence.
26:17Peter Palfrey left...
26:18When do they land?
26:20Peter Palfrey...
26:20In what strength?
26:21I will find out from men, if not from you.
26:22So why waste everybody's time?
26:24Peter Palfrey...
26:25Come now, will it be raiders?
26:26Marines like yourself, perhaps?
26:27Or a small commander force?
26:29Losing one of your light raiding craft?
26:31Peter Palfrey, Lieutenant.
26:32Royal Marines.
26:34How did you feel at this time?
26:38I'm sorry, sir.
26:38I asked, how did you feel, Lieutenant Palfrey?
26:41Oh, sort of...
26:42numb at first.
26:44I see.
26:45And how were these questions asked?
26:50I'm sorry.
26:51I'm sorry, sir.
26:52What did you ask?
26:52The officer who interrogated you, how did he speak?
26:54Did he shout at you?
26:57He spoke softly some of the times.
27:00Other times he shouted.
27:02My light is at the major!
27:04You should know about rank!
27:06Rank has to be earned, Mr. Palfrey.
27:08You should know that.
27:11Sir.
27:13Major.
27:16Lieutenant, I ask you again.
27:18How did you feel?
27:21Upset, I suppose.
27:22Did this questioning seem real to you?
27:26Not altogether, no.
27:28Did it seem unreal?
27:31Well, yes.
27:34After all, Lieutenant,
27:37what does it matter now, my dear fellow?
27:42You know, you behave very foolishly.
27:45I speak not personally, purely in a military sense.
27:48Sure, your sergeant must have suggested that you go around the edge of the cliff.
27:51In that way, we may never have seen you at all.
27:54So he told you.
27:55Nobody told me anything.
27:58But directly, both your parties moved forward, we could see you.
28:03Why didn't you go around the back of us, the blind side?
28:07It was so obvious.
28:08Any experienced soldier must have seen it.
28:15Get the lieutenant some coffee, will you?
28:33Is the accused fit to continue?
28:37Yes, sir.
28:39Very well.
28:41Lieutenant Palfrey, can you remember the effect this questioning had upon you?
28:46Well, sir, it was a kind of a hammering, a hammering away.
28:51It was most upsetting, sir.
28:53And you wanted above all to make that hammering stop?
28:57Yes, sir, I did.
28:58Do you remember striking the officer, Major Cronid?
29:02Yes, sir, I do.
29:04But it felt as if someone else was doing it.
29:09No more questions, sir.
29:13Lieutenant Palfrey,
29:14you have yourself described the Royal Marines as being
29:17the finest corps in the world.
29:20Yes, sir.
29:20Do you believe that?
29:21Sincerely?
29:22Yes, sir, I do.
29:24And therefore, you would agree that the selection of both officers and men
29:26demands an exceptionally high standard of courage and resource?
29:30Yes, sir.
29:30Is the training well balanced?
29:32Yes, sir.
29:33Physically tough?
29:36Come on, then, Palfrey.
29:37Start moving yourselves quickly.
29:38That's your idea.
29:39Come on.
29:40And move your left hand.
29:41That's it.
29:41Come on, hard and steel.
29:42That's it.
29:43Come on, hurry up.
29:44Come on, the time's coming.
29:45Come on.
29:45There'll be loads of the time.
29:46That's the idea.
29:47Come on, then, Mr. Palfrey.
29:48That's the idea.
29:49Come on.
29:50Hard and steel.
29:51You're doing like a steel bag.
29:52Frog at the moment.
29:53Come on, quickly.
29:54That's it.
29:54Come on.
29:54Straight out.
29:55Away we go.
29:55Come on.
29:56Sprint, sprint, sprint.
29:57All the way.
29:58Come on.
29:58Time's running out.
29:59Time's running out.
30:00Come on, then, Palfrey.
30:01You've got to move yourself a little bit harder still to get in the time.
30:03That's the idea.
30:05Come on.
30:05You're supposed to be leading.
30:07Leader of men.
30:08That's what you're supposed to be doing.
30:09Come on.
30:41Lieutenant Palfrey, I asked you if the training was physically
30:44tough.
30:45Well, yes, sir, it is.
30:47And therefore, you would agree that a man emerges from Royal Marines training as a well-balanced
30:51and resourceful individual in command of and aware of his limitations and capabilities?
30:56Yes, sir.
30:56I think that's true.
30:57And you would expect such a man to know the difference between an exercise and an action?
31:01Yes, sir.
31:02Then you fully understood that Tally Ho was an exercise?
31:06Yes, sir.
31:08Were you told that the ammunition issued to you and your party was blank ammunition?
31:12Yes, sir.
31:13Were you told that the opposing forces would be using blanks?
31:16Yes, sir.
31:17And therefore, you knew that the pistol placed against your temple on capture carried blank
31:22ammunition?
31:23Uh, I didn't know, sir.
31:26You didn't know.
31:28Were you told that if you were captured in this exercise, you'd almost certainly be interrogated?
31:33Yes, sir.
31:34Were you told that you'd be questioned about your unit and the composition of your forces?
31:37Yes, sir.
31:38In the event, was it a brutal interrogation?
31:41Yes, sir.
31:41Were you beaten up?
31:42No, sir.
31:43Punched?
31:43No, sir.
31:43Slapped?
31:44No, sir.
31:44Were you drugged, starved, assaulted?
31:46No, sir.
31:47Then what form did the interrogation take?
31:50Well, he...
31:51Uh, I was asked questions.
31:54Major Kroenig spoke to you.
31:59Yes, sir.
32:04Did Major Kroenig offer you a cigarette?
32:07Well, yes, sir.
32:08I think he did.
32:09Coffee?
32:10Yes, sir.
32:11Water?
32:11Yes, sir.
32:12Advice?
32:13Sir?
32:14Did he tell you, as one NATO officer to another, that you had failed?
32:18He, I think...
32:20Did he?
32:21Yes, sir.
32:32If you had taken the advice of an older man, an experienced soldier, your mission might
32:39have been extremely successful.
32:40Well, instead, you went for glory.
32:45Or would that be too strong a way of putting it?
32:48That, in your particular case, is perfectly understandable, is it not?
32:54Your name, Lieutenant Palfrey, a very distinguished one.
33:01Never mind.
33:03We can never live up to the image of our fathers.
33:07It was if Freud said something about that.
33:10We constantly fail them.
33:13At least in our own eyes.
33:14Dad!
33:39You have had considerable training in unarmed combat, have you not?
33:43Yes, sir.
33:45Were you told that your hands properly used constitute a deadly weapon?
33:50Were you told in training that your hands could kill a man?
33:55Yes, sir.
33:56And were you taught how to kill in this fashion?
33:58Yes, sir.
33:58In combat against the enemy?
33:59Yes, sir.
34:00And on this occasion, you used this force and this knowledge to kill an ally?
34:04No, sir.
34:05I didn't mean...
34:06I didn't mean to kill him, sir.
34:08I didn't mean to do that.
34:11Thank you, Lieutenant Palfrey.
34:18I have no further questions for the accused, sir.
34:22Stand down.
34:37I should like now, sir, to recall Commander Niles, if you please.
34:44Commander Niles, you remain under oath.
34:45I understand, sir.
34:47Commander I shall be as brief as possible.
34:49In view of the outcome of this raid, do you consider that you gave this young and inexperienced
34:54officer a full and proper briefing?
34:56I considered that I did at the time.
34:58And now?
34:59Now, I cannot be sure.
35:01Very well, I accept that.
35:02I must ask you this, and I'll ask you to consider it very carefully.
35:05It's probably the most important question I shall ask you.
35:08Did Palfrey at the time seem grave and apprehensive, as might be expected in a young officer going
35:14on his first raid?
35:16Not grave, nor apprehensive, no.
35:19What then?
35:20A little overconfident, perhaps.
35:21A little overconfident?
35:23Yes.
35:23And do you now, with hindsight, consider that a proper attitude for his first raid?
35:28Sir, I must object to the continuous use of the word raid.
35:30This was merely one phase of an exercise.
35:33We know what it has meant, Commander Hilliard.
35:35Carry on, Mr. Cook.
35:37Commander, I shall come straight to the point.
35:39I put it to you, regretfully, that you made no effort to temper Palfrey's overconfidence
35:44with your own knowledge and experience.
35:45You merely pushed him ashore, and in so doing, as it was his first raid, you pushed him into
35:50the unknown.
35:51You may put it to me, Mr. Cook, but it is not true that he was insufficiently briefed.
35:55Then it is true that he was insufficiently experienced.
35:56I was little older than he is when I had command of a minesweeper.
35:59But you were older.
36:00Yes.
36:00And more experienced.
36:01Yes.
36:03No more questions.
36:06No questions, sir.
36:08Stand down, Commander.
36:19That concludes the defense case, sir.
36:23Commander Hilliard.
36:24Do you wish to sum up?
36:26May it please the court?
36:27I shall be extremely brief.
36:30As the judge advocate will be advising you, the prosecution in this case merely has to prove
36:35that the accused killed in commission of an unlawful act.
36:40The intention to kill, or even to do grievous bodily harm, need not be present.
36:45You have heard the accused today admit that he did not mean to kill Major Kroenig, but he did kill
36:51him,
36:52and kill him in the commission of an unlawful act, an assault, striking a superior officer
36:58who was going about his duties in a kind and conscientious manner.
37:02The accused did kill Major Kroenig, and killed him without just cause and without reasonable excuse.
37:13Sir, I, too, shall be brief.
37:15And may I say at the outset that I do not dispute any part of the admirably brief summary of
37:21the prosecution,
37:22save for one small, evocative phrase.
37:28Without just cause.
37:31We've heard evidence today that this young officer, unlike the men he led,
37:37had no experience of this level of training.
37:40He had never before landed on a foreign shore, armed, tense, desperate to avoid detection.
37:45A young and inexperienced officer, yet fiercely keen to uphold his honor and the honor of his corps.
37:52And the enemy, of course, was a very real threat to that.
37:56The enemy could prevent him blowing up his target.
37:57And if he did not blow it up, he would fail.
38:02Palfrey had worked himself up to a high pitch of determination.
38:07Perhaps understandably.
38:08No one in HMS Hero thought fit to temper that determination with a word of caution.
38:14Commander Niles had built up an atmosphere of confidence, tension, reality.
38:19HMS Hero on that day was at war.
38:22Defeat was unthinkable.
38:26But Palfrey was defeated.
38:29Almost at the very moment of his triumph, Lieutenant Gross put a gun to his head and he was captured.
38:35Now, his more experienced colleagues could perhaps have dismissed this as, shall we say, the fortunes of war.
38:40But, as we know, Palfrey lacked experience, that experience which gives perspective.
38:47He was brought before Major Kroenig.
38:51And into that interrogation room were brought with him the shame of failure.
38:56The indignity of capture.
38:58And those tensions born of his determination and his dedication.
39:01Tensions which would so easily have dissipated themselves in the blowing up of the radar station.
39:06They had taken away the explosive from Palfrey.
39:09They had not defused him.
39:14There was only one way in which he could salvage his mission and restore his self-respect.
39:18One way in which he could defuse himself.
39:23And that was by escaping from the enemy.
39:26He attempted it.
39:26But in that very attempt came the explosion.
39:32And the man died.
39:37Without just cause.
39:40Are we saying there is no excuse, no pardon for such an error?
39:44Where is the element of criminality?
39:47In confusion.
39:48In experience.
39:50In determination.
39:51In a sense of duty.
39:52Which drives a man across that invisible line.
39:58Gentlemen.
40:00The man who stands here before you today needs no punishment from you.
40:04To remind him of that moment in which Major Kroenig died.
40:23If I get any more attached to this sword, I have to marry the damn thing.
40:28No.
40:29No, thank you, sir.
40:31That was a good speech, sir.
40:33It convinced me.
40:34Did it?
40:35Wish to God I got it over with now.
40:38Pretty guilty.
40:39I thought your mother looked to be batting up well.
40:41She has to.
40:43She's a poor friend.
40:47Cigarette, sir?
40:49No, thanks, no.
40:50What's happening?
40:51The court's closed to consider the finding.
40:54Shouldn't take them long.
40:59What are the prospects?
41:02I can't say I'm hopeful.
41:06As I said, they've got no choice in law.
41:09There is a choice in sentence.
41:11They'll give me a chance to call character witnesses.
41:14Look, I know I blasted you rather in the box, but you could do a lot for him.
41:21I hardly know him.
41:22Surely he is Marine Commanding Officer.
41:23No, we'll cover all that with his service record, but you're a good witness.
41:27I don't want anyone umming and ahhing at this stage.
41:31If I need you, Commander, I'm going to call you.
41:43Help, Mr. Cook.
41:43I'm going to call you.
41:54I'm going to call you.
41:55I'm going to call you.
41:59I'm going to call you.
42:01I'm going to call you.
42:01I'm going to call you.
42:02I'm going to call you.
42:02I'm going to call you.
42:02I'm going to call you.
42:03I'm going to call you.
42:04I'm going to call you.
42:05I'm going to call you.
42:06I'm going to call you.
42:09I'm going to call you.
42:27I shall now read the finding of the court.
42:30The court finds the accused guilty.
42:34The finding is signed by all members of the court
42:36and countersigned by the judge advocate.
42:40No, there'll be some time yet.
42:41They have to go through all that business about his official record.
42:45I should like to call one character witness, namely Commander Niles.
42:50Commander Niles?
42:59Commander, will you tell the court in your own time and your own way
43:01your assessment of the character of Lieutenant Palfrey?
43:08When Lieutenant Palfrey came to my ship, it was as a Royal Marine officer.
43:12And as such, I expected him to be highly trained and highly competent.
43:17I did not at first look beyond that expectation.
43:23What I had not realized in Palfrey's case was that his training in a military context
43:28had already begun when he was still a child.
43:31He is the son of a great and gallant soldier
43:35who was highly decorated for valor in the face of the enemy.
43:41Long before Lieutenant Palfrey joined the Royal Marines, his standards were set for him.
43:46This diary was kept by his father during all the campaigns in which he took part.
43:54On his death ten years ago, as a long-term result of wounds received in Korea,
43:58that diary passed to Lieutenant Palfrey.
44:01But far from being merely a document of interest and sentimental attachment,
44:05it became for Palfrey a symbol of all that was expected of him.
44:10He landed there down the island of Norsen,
44:12not only with Sergeant Watkins and three Royal Marines,
44:16but with the specter of a great general.
44:21He landed in fear not of physical injury,
44:26but of failure.
44:30You have asked me about the character of this young officer.
44:34I believe that he took upon himself the character and the example of his dead father,
44:41and that it was in character for him to react as he did when interrogated.
44:47We decorated the father.
44:51We have convicted the son.
44:57Thank you, Commander.
45:25The court, having found the accused guilty of the offence charged,
45:28judges him, the said Lieutenant Peter Michael Palfrey, Royal Marines,
45:31to be imprisoned for the term of 18 calendar months,
45:35to be dismissed from Her Majesty's service,
45:37and to suffer the consequential penalties involved.
45:43Lieutenant Palfrey,
45:45in sentencing you,
45:47the court accepts the very valid points made by your counsel
45:50and by the commanding officer of Her Majesty's ship hero.
45:54In view of this,
45:55and of your exemplary service record,
45:58the court will recommend to the convening authority
46:01that, if the Admiralty Board sees fit,
46:04it might consider remitting the sentence of dismissal
46:07and suspending the sentence of imprisonment.
46:10It will be our plea
46:12and our recommendation
46:14that you be permitted to continue to serve
46:16as an officer in the Royal Marines.
46:33Commander, I'd like to thank you for speaking as you did.
46:35Well, thank you, Mr. Cook.
46:36Mrs. Palfrey's in there, if you'd care for a word with her.
46:38Oh, yes.
46:54You live to be proud of him.
46:59I'm proud of him now.
47:24I'm proud of him now.
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