- 26/05/2025
Ian Whiting (Clive Francis) is charged with causing his wife Grievous Bodily Harm.
Richard Wilson and John Flanagan, as well as Clive Francis, star. Caroline Mortimer, who appears as Whiting's sister-in-law, also featured in Within These Walls (in the episodes "Transfer" and "Freedom").
Richard Wilson and John Flanagan, as well as Clive Francis, star. Caroline Mortimer, who appears as Whiting's sister-in-law, also featured in Within These Walls (in the episodes "Transfer" and "Freedom").
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TVTranscript
00:00:00You
00:00:30Are you Ian Charles Whiting? I am. You are indicted of assault with intent to cause grievous bodily harm in that you did on October 7th of last year attack and batter your wife, Jennifer Whiting, thereby causing her grievous bodily harm. How do you plead? Not guilty.
00:00:50My Lord, I'd like to start by explaining how this case comes to be in the Crown Court today.
00:00:54Just a moment, Mr Parsons. It's rather cold. Is there something wrong with the heating?
00:00:59My Lord, I believe there's been some problem with the boiler and I understand that the boilerman is looking into it at the moment.
00:01:08Looking into the boiler?
00:01:10The repairing of, my Lord.
00:01:12Oh, I see. Thank you. Yes, Mr Parsons.
00:01:15My Lord, perhaps I might explain how this case comes to be in this Arctic Court today.
00:01:20Yes, we don't want the jury to catch cold, do we, Mr Parsons?
00:01:23No, indeed, my Lord. I do believe the forecast is for a sunny period this afternoon.
00:01:28Good, thank you. Well, shall we proceed with the case then, Mr Parsons?
00:01:32My Lord, after the alleged battering, Mrs Whiting took out a private summons against her husband. This was heard at the Magistrate's Court.
00:01:42However, the hearing was stopped when the Magistrate's decided that the charges were too serious for them to deal with and they decided to commit the proceedings to the Crown Court.
00:01:51Is Mrs Whiting still living with her husband?
00:01:53No, my Lord. In fact, a separation order was granted on the grounds that Mrs Whiting's leaving of the matrimonial home was constructive desertion on the part of the husband.
00:02:02I see.
00:02:03My Lord, I'd like to call...
00:02:05One moment, Mr Parsons. Members of the jury, I would just like to clarify for you the term constructive desertion.
00:02:12When a wife leaves her husband...
00:02:14I don't think I can.
00:02:15What?
00:02:16Go through with it.
00:02:17Oh, it's just this place.
00:02:19Don't let those gowns and curly wigs fool you.
00:02:22He says that he wants me back.
00:02:24You've seen him?
00:02:25Yes, yesterday in the park when I took the children out.
00:02:28He had no right. He must have followed you.
00:02:30You see, as long as I don't see him, it's all right. I can make the break.
00:02:34He needs me.
00:02:35Now, Jenny, you can't go back to a man who's battered you.
00:02:38He says that he loves me. He wants me back.
00:02:41It'll never happen again. He said that he's sorry.
00:02:45How sorry?
00:02:46What?
00:02:47Sorry enough to admit that he's guilty in court.
00:02:49Don't fool yourself.
00:02:50Mrs Anne Stratton.
00:02:52Mrs Stratton.
00:03:05Take the book in your right hand and read the words.
00:03:07I wish to affirm.
00:03:09Mrs Whiting claims that on the 7th of October,
00:03:11her husband arrived home drunk,
00:03:13and that he attacked and battered her,
00:03:15deliberately breaking her nose and the fingers of her right hand.
00:03:18Mr Lloyd appears for the defence.
00:03:20Prosecuting for Mrs Whiting is Mr Parsons.
00:03:22Mr Justice Studdard presides in the case of Whiting against Whiting.
00:03:26Mrs Anne Stratton of 7 Chisholm Place 4.
00:03:31That's right.
00:03:32And you are the sister-in-law of the accused.
00:03:34I'm his wife's sister.
00:03:36Yes, I see.
00:03:37Now, Mrs Stratton, I'd like to tell the court
00:03:40what happened on the evening of October the 7th last year.
00:03:44I was at home.
00:03:46At about a quarter to ten, there was a phone call.
00:03:48It was my sister, Jennifer.
00:03:50She sounded in a terrible state. She wasn't making sense.
00:03:53She kept sobbing.
00:03:55Trying to talk, but...
00:03:57She kept sobbing.
00:03:59Trying to talk, but just sobbing.
00:04:01So I said that I'd come straight round.
00:04:03And then she told me that she wasn't at home,
00:04:05but she was at a neighbour's house.
00:04:07She gave me the name of the house, Oakfields.
00:04:09I drove like hell and got there about 15 minutes later.
00:04:12Yes. And how was your sister when you arrived?
00:04:16She was in a state of silent shock.
00:04:20Mrs Woolgar, the neighbour, was bathing her face.
00:04:23There was blood still coming from her nose.
00:04:25Her hair was wet and her left eye was beginning to swell.
00:04:28When Jenny saw me, she tried to get up,
00:04:31but it seemed difficult for her to move.
00:04:33So I went to her to put my arms round her,
00:04:35but she drew back as though she were in pain.
00:04:38Then the coat fell from off her shoulders
00:04:40and I saw that there were some red marks on her arms
00:04:43and some black marks where the bruises were beginning to come out.
00:04:46I thought she'd been in an accident.
00:04:48My God, I wish someone would do the same to him.
00:04:51Mrs Stratton, you will confine yourself to answering council's questions.
00:04:56Now, Mrs Stratton, as a result of the injuries your sister had received,
00:05:00what did you do?
00:05:01I drove her to Whitefields Hospital.
00:05:03When we got there, they told us that the casualty unit was closed,
00:05:06so we had to go to Fortress General.
00:05:08That took about 20 minutes.
00:05:09God help anyone who has a serious accident in Whitefields.
00:05:12Yes. My Lord, I'd like to draw your attention to the medical report.
00:05:16Mr Lloyd.
00:05:18Yes, my Lord, the report has been agreed by the defence.
00:05:20No, thank you, my Lord.
00:05:22Now, the doctor at the hospital diagnosed a broken nose,
00:05:25broken fingers on the right hand and severe bruising of the body.
00:05:29Now, did your sister say what had happened?
00:05:32She told me that she'd been in a fight with her husband.
00:05:36So I asked the doctor, what should we do?
00:05:38Should we call the police?
00:05:40He said it was his job to treat the injuries and that was all.
00:05:43So I said, what do you think I should do?
00:05:45Her husband did this.
00:05:47And he said, oh, this sort of thing happens between husband and wife in the heat of the moment.
00:05:52I was staggered.
00:05:54I said, look, look, my sister's lying there broken and bashed about.
00:05:59That isn't one heat of the moment thump.
00:06:01He said it was no part of his job how the injuries were inflicted.
00:06:05So I said, look, there has been a sustained attack upon my sister.
00:06:10My Lord.
00:06:11I said it quite slowly so that he'd understand me.
00:06:13I said her husband came home drunk and laid into her.
00:06:16My Lord, this is plainly hearsay.
00:06:18Yes, Mr. Parsons.
00:06:20My Lord.
00:06:21Mrs. Stratton, we are concerned only with what you actually saw and heard and not with what you were told.
00:06:27I see. The other isn't relevant, is it?
00:06:30If you didn't see and if you didn't hear, you do not know for a fact.
00:06:33The fact is that my sister was battered by that monster.
00:06:37No, I will not allow this.
00:06:38Members of the jury, you will disregard that last remark.
00:06:41You will also disregard how Mrs. Stratton thinks her sister sustained her injuries.
00:06:46Mr. Parsons, your witness appears to be in a very emotional state.
00:06:50That's totally unfair.
00:06:51You wouldn't say that about a man.
00:06:53Mrs. Stratton, your emotional condition will not prevent me from holding you in contempt if you continue.
00:07:00Now, Mrs. Stratton, the doctor at the hospital said it wasn't part of his duties to inquire how your sister's injuries had been sustained.
00:07:08So what did you do next?
00:07:10In spite of the doctor, I insisted that we called the police.
00:07:13Yes.
00:07:14About an hour later, an officer arrived and took notes.
00:07:16Yes, and then what happened?
00:07:17Well, then I asked the doctor whether he thought Jenny ought to spend the night in hospital.
00:07:20He said that she should.
00:07:21And how did your sister react to that?
00:07:23Well, she wanted to get back because of the children.
00:07:26So then I asked the police whether he'd come back with us.
00:07:29He pulled a face and looked at his watch, but in the end, he condescended to come.
00:07:33Are you suggesting that the police officer was unwilling to accompany you and your sister?
00:07:38Yes, that is exactly what I am suggesting, my lord.
00:07:42So then I asked the policeman, well, would he arrest Ian?
00:07:45He said he hadn't got the power to do that, but he would come back with us and talk to him.
00:07:49As I remember him saying, see how the land lies.
00:07:53So I said, now look, if my sister had just been beaten up by the man next door, would he just come and speak to him?
00:08:01Oh, no, he said, no, then I'd arrest him and the man might get ten years for assault and battering.
00:08:06Yes, so when the doctor had finished treating your sister, you accompanied your sister to her home?
00:08:12Yes, we drove in my car and the policeman followed in his panda car.
00:08:15When we got there, it was the policeman who bravely knocked at the door.
00:08:19Was Mr. Whiting at home?
00:08:20Oh, yes, he'd obviously been in bed, he was in his dressing gown.
00:08:23So he greeted the policeman with open arms.
00:08:25He said he'd been in a terrible state about Jennifer, but she'd just run off, he said.
00:08:29And then when he saw her, he said, thank God you're all right.
00:08:33The policeman was totally taken in.
00:08:35How do you mean, taken in?
00:08:36Well, you don't go to bed if you're in a terrible state of worry, do you?
00:08:40You could see by his hair and his roomy eyes, he'd been fast asleep.
00:08:43Did you enter the house?
00:08:45Yes, well, the policeman went in first and we followed.
00:08:47Jenny went upstairs to see if the children were all right and Ian offered the policeman a drink.
00:08:52They seemed to be getting on frightfully well.
00:08:54And then the policeman asked Ian what had happened and seemed quite satisfied with his lame version.
00:08:59Well, Jenny came downstairs and said that the children were all right.
00:09:03And then Ian made a grab for her and she screamed.
00:09:07Then the policeman suggested it might be better if Jenny went elsewhere for the night.
00:09:11Not that Ian should go.
00:09:13Yes, but in the event, what happened?
00:09:15Well, the magnanimous batterer said that he would go to a hotel.
00:09:19Lord, that was a highly improper remark.
00:09:22Mrs Stratton, every time you make comments that are prejudiced, you weaken your evidence.
00:09:27I'm saying this in case there's any doubt in the jury's minds.
00:09:30Do you understand?
00:09:32I'm sorry if my comments upset Mr Whiting in any way.
00:09:36So the accused said he would go to an hotel for the night.
00:09:39The policeman seemed very impressed with this.
00:09:41Yes, and what time did the accused leave?
00:09:43He packed his bag and went with the policeman.
00:09:45Yes, and did you stay the night with your sister?
00:09:47No, she wanted to be on her own, so I left about two.
00:09:50Yes, you had no worry about leaving her on her own.
00:09:53Yes, I did.
00:09:55So before I went home, I went in to see Mrs Woolgar.
00:09:58And I asked her to call me if she heard anything during the night.
00:10:00Yes, and did the accused return that night?
00:10:05Oh, no, he was far too clever for that.
00:10:08He telephoned her every hour on the hour to keep her awake, didn't he?
00:10:12My lord, the witness has just said that she was not in the house during the night.
00:10:18So she cannot know for a fact that the telephone rang every hour on the hour.
00:10:24Mr Parsons, you just asked your witness if she stayed the night with her sister.
00:10:28She said she did not.
00:10:30Ah, yes, my lord.
00:10:31Then you asked her if the accused tried to return that night.
00:10:35Yes, my lord.
00:10:37Well, if the witness was not in the house that night, how would she know?
00:10:40She couldn't, my lord.
00:10:42Are you deliberately leading your witness into giving hearsay evidence, Mr Parsons?
00:10:47I am very sorry, my lord.
00:10:49Now, Mrs Stratton, your sister has been married for seven years.
00:10:53To your knowledge, has anything like this happened before?
00:10:56Well, I've been in the States for the past four years.
00:10:58I've only been back about three months.
00:11:00Well, during the last three months?
00:11:02Well, yes. The very first time I saw Jenny, I knew that there was something wrong.
00:11:05You say you knew. How can you be so positive?
00:11:10Well, my sister has two children.
00:11:12Ben, who's four, and Jessica, who's two.
00:11:15When I first saw Ben, I gave him a present, an engine that blew steam.
00:11:20Well, then I put my arms round him to give him a hug.
00:11:23Now, at first, he went as stiff as a board, and then he started punching.
00:11:27He spat at me, and he kicked, and he scratched.
00:11:32Now, he was expressing himself with violence.
00:11:36He wasn't able to react to a warm, loving hug,
00:11:39because violence was a form of violence.
00:11:42He also had a speech defect.
00:11:44Or rather, he did have, but it has got better since he hasn't seen his father.
00:11:48Yes. And how about the little girl, Jessica?
00:11:52Yes, yes, again. The first time that I saw her,
00:11:54I knew she seemed to be in a state of fear whenever her father came into the room.
00:11:57And I remember, whenever he spoke, she rolled her eyes and waved her head.
00:12:01She's stopped doing that now.
00:12:03Yes. And do you remember any other incident that you saw or heard
00:12:07between your sister and your father?
00:12:10A month ago, Jenny came to visit me.
00:12:12She had a black eye and a swollen face.
00:12:14She said that she'd tripped.
00:12:16Well, of course, I wasn't there, so I don't know how she got the black eye,
00:12:19but I don't think she tripped.
00:12:22Yes, yes. Thank you, Mrs. Stratton.
00:12:27You're really rather a remarkable lady, Mrs. Stratton.
00:12:31Hmm.
00:12:33Would you agree with that assessment of yourself?
00:12:36No more remarkable than yourself, sir.
00:12:38Yes, well, of course.
00:12:40I mean, you're a woman.
00:12:42You're a woman.
00:12:44You're a woman.
00:12:46You're a woman.
00:12:48You're a woman.
00:12:50You're a woman.
00:12:52You're a woman.
00:12:54No more remarkable than yourself, sir.
00:12:56Yes, well, I'm full of admiration.
00:12:59Mr. Lloyd, is this eulogy to continue,
00:13:02or do you intend to cross-examine the witness?
00:13:05My Lord, Mrs. Stratton, what I'm getting at is this.
00:13:09Within minutes of seeing your sister's children,
00:13:12you are able to sort out what are their maladjusted behavioural problems,
00:13:17do an on-the-spot analysis,
00:13:19and come to the conclusion that Ben was the child of a violent family.
00:13:24Children of violence usually come from violent families.
00:13:27Children of...?
00:13:29Read that in an American textbook, did you?
00:13:32I might have done. Books aren't all lies, you know.
00:13:36Yes, but you're not a psychiatrist, are you, Mrs. Stratton?
00:13:39No, I'm not.
00:13:41And not all books say that all violent children come from violent families, do they?
00:13:46I said, usually.
00:13:48Yes, but some children from violent families go the other way,
00:13:52reject violence, become pacifists.
00:13:54Ben expressed himself with violence because violence was all he knew.
00:13:58You're not a psychiatrist, are you?
00:14:02I have a degree in psychology.
00:14:04And would you say a degree in the study of the natural phenomena of the mind
00:14:08qualifies you for psychiatry,
00:14:10which is the treatment of mental illness or disease?
00:14:14I'm not a psychiatrist.
00:14:16You're an amateur one, wouldn't you say?
00:14:18You like to go around poking your nose into other people's business,
00:14:22sorting out their private lives.
00:14:24Now, look, I'm not just a stranger
00:14:27who's popped in to cause a bit of trouble between husband and wife.
00:14:31We're talking about my sister, sir.
00:14:35Now, she had her nose broken.
00:14:38She can't breathe properly through it, and now she has sinus trouble,
00:14:41and the doctors say she'll have that until she dies.
00:14:44She had her fingers broken.
00:14:46The middle finger and the one next to it were bent right back until they snapped.
00:14:51She's got no feeling in those fingers.
00:14:53She picks things up and then she drops them.
00:14:56Her body was black and blue.
00:14:58She's still got some of the marks.
00:15:00And you tell me.
00:15:02You accuse me.
00:15:04You call that poking your nose in.
00:15:07Well, there comes a point when you have to poke your nose
00:15:10into other people's private lives, sir.
00:15:13Are you exaggerating the whole thing?
00:15:15Aren't you trivialising the whole thing?
00:15:17I think not.
00:15:18You've seen the medical reports.
00:15:19Haven't you twisted the whole thing?
00:15:20No, I haven't.
00:15:21Well, I suggest that you led your sister on.
00:15:23What do you mean, led her on?
00:15:24Well, it was you that called the police.
00:15:25Something had to be done.
00:15:26Your sister didn't think so.
00:15:27She was living in cloud cuckoo land.
00:15:29She thought everything was going to be all right.
00:15:31Yes, and you twisted things in her mind
00:15:33until she thought everything wouldn't be all right.
00:15:35She thought that she could help him.
00:15:36She thought somewhere over the rainbow there'd be happiness.
00:15:39Yes, and you told her differently.
00:15:40Too bloody true.
00:15:42Yes, you've done a great deal of harm,
00:15:44and you've caused a great deal of trouble.
00:15:46Something had to be done.
00:15:49People like my sister,
00:15:50it won't just go away if they pretend it didn't happen.
00:15:54It won't just go away if we pretend it didn't happen.
00:15:58Look, by our failure,
00:16:01by our failure to deal with this sort of thing,
00:16:05we, us, all of us,
00:16:09are guilty of creating the child neurotics of today,
00:16:12the delinquents of tomorrow,
00:16:13and the adult criminals of the future.
00:16:15And was it with that sort of rhetoric
00:16:17that you persuaded your sister
00:16:19to bring this action in the first place?
00:16:21She'd lost all her confidence.
00:16:22So you decided to go gunning for her husband?
00:16:24Look, over a year ago,
00:16:26she went to see the social services people.
00:16:28She told them that he was hitting her.
00:16:30I wasn't even here then.
00:16:32She has tried to get out of it on her own.
00:16:35Ah.
00:16:36What did the social services people say?
00:16:44I'm sorry, my lord.
00:16:45My sister told me this.
00:16:46That makes it hearsay, doesn't it?
00:16:47No, it's all right, Mrs Stratton.
00:16:48If the defence asks the question in cross-examination,
00:16:51then it is admissible.
00:16:54They sent a social worker round to see Ian.
00:16:56And did your sister tell you what happened at that interview?
00:16:59Apparently, she was fooled, just like the policeman.
00:17:02She thought Ian was a charming man.
00:17:04She said she couldn't believe
00:17:05that such an educated man would attack his wife.
00:17:08She said there were two sides to every problem, that sort of thing,
00:17:11and went away telling my sister to try and patch things up.
00:17:14So, we've got doctors, we've got policemen,
00:17:18we've got social workers,
00:17:20all saying the same thing, haven't we, Mrs Stratton?
00:17:24I mean, an outsider can never really know
00:17:27what goes on between two people within a marriage, can he?
00:17:31As the professional experts say,
00:17:34there are many sides to any issue that comes out of a marriage.
00:17:38Now, wouldn't you agree?
00:17:40The experts are so busy seeing both sides to the problem,
00:17:43they're in danger of falling down a hole in the middle.
00:17:46Now, wife-battering is one of the most neglected areas.
00:17:49And I believe the authorities are frightened of the problem.
00:17:52Oh, come on, now. What do you mean, frightened?
00:17:55I said frightened!
00:17:57And don't patronise me, sir.
00:17:59You may wear a wig and a gown,
00:18:01but you seem to know very little about life outside of the law.
00:18:04What are the authorities frightened of, Mrs Stratton?
00:18:09Bringing down the structure of society.
00:18:11More hyperbole, Mrs Stratton.
00:18:13I mean, that isn't to be taken literally, is it?
00:18:16The family is one of the great civilisers of mankind, so they say.
00:18:20Now, the man used to go out hunting, now he goes out to work.
00:18:24He gives unselfishly to his family, so they say.
00:18:28Smash a few bricks in that wall,
00:18:30and they're frightened that the whole house will come tumbling down.
00:18:33What do you suggest the authorities do, Mrs Stratton?
00:18:36Ah, my lord, might I ask where this is leading?
00:18:39What bearing does this line of questioning have on the case, Mr Lloyd?
00:18:43My lord, I believe that Mrs Stratton's views
00:18:47played a large part in this action being brought at all.
00:18:50And therefore I believe that those views are relevant.
00:18:54I see, but I think you're treading a very tenuous line.
00:18:57A tenuous line, Mr Lloyd.
00:18:59My lord, what do you suggest the authorities do, Mrs Stratton?
00:19:05Well, I believe first of all, straightaway,
00:19:08they should open in every town, 24 hours a day, a family crisis centre.
00:19:13And this should be publicised so that people know where to go for help.
00:19:17But for the future, for our children,
00:19:20I believe there should be lessons in school on family life.
00:19:24Not just sex lessons, but lessons on the law of family life.
00:19:28Yes, we have done away with the law
00:19:30that allows a husband to beat and lock his wife up, you know.
00:19:33He can still beat her up if there's no one looking.
00:19:35And he can still rape her with the full sanction of the law.
00:19:38Oh, my lord. Yes, come to your point, Mr Lloyd.
00:19:42Yes, my lord, I have tried to demonstrate
00:19:44that Mrs Stratton is involved in a cause.
00:19:47I think that she saw a few quarrels at her sister's house
00:19:51and she thought to herself,
00:19:53this looks good, this is a cause that I can really get my teeth into.
00:19:58You bloody fool.
00:20:00Mrs Stratton, I have given you a great deal of latitude,
00:20:04but I will not allow such contempt of the law.
00:20:07I didn't mean contempt, my lord.
00:20:09Do you think that calling Learned Council a bloody fool is anything else?
00:20:13He's wrong, that's all.
00:20:15I'm not trying to use my sister's problems to spout a cause.
00:20:20All right, all right, I care about any woman who might be in the same mess,
00:20:24but we're talking about Jenny, my sister, and her children.
00:20:29This violence is damaging to all of them.
00:20:32Will the vicious circle go on?
00:20:34Will Ben grow up and batter his own wife?
00:20:37Will he make his children suffer?
00:20:39Will Jessica grow up unable to have a proper relationship with a man
00:20:43because violence is all she knows?
00:20:45Yes.
00:20:47Yes, I did all I could to persuade my sister to come to court today.
00:20:50Maybe too late for her, it's already happened,
00:20:52but at least it's out in the open.
00:20:56Now, correct me if I'm wrong, Mrs Stratton.
00:20:59Whilst in America, you formed an anti-rape organisation.
00:21:03Yes, I helped form an organisation that helped rape victims, yes.
00:21:07And there were times when you protected wives from their husbands, didn't you?
00:21:12Yes.
00:21:13Went into the family home and took the wife away
00:21:16because her husband wanted to make love to her.
00:21:19If she was desperate enough to call us, I'd term that rape.
00:21:22It seems to me that you're attacking a man's rights, Mrs Stratton.
00:21:26Look, a marriage licence doesn't buy you a slave.
00:21:29A man has no rights over his wife without her consent.
00:21:34I suggest that your life is a constant battle against men.
00:21:38Oh, that's ridiculous.
00:21:40That you see men as a constant threat to women.
00:21:42The sort who batters his wife, yes.
00:21:44And this hatred of men has motivated you
00:21:47to use all your powers of persuasion on your sister
00:21:50to bring this totally false allegation of battering.
00:21:53Look, I'm a married woman.
00:21:55Yes.
00:21:56But do you like your husband, Mrs Stratton?
00:22:01Yes, I do.
00:22:04Thank you. No further questions.
00:22:07Ah, Mrs Stratton, you've already said you're married.
00:22:10How long have you been married?
00:22:1213 years.
00:22:13And how many children do you have?
00:22:14I have three children.
00:22:15Do you see a lot of your husband?
00:22:16Well, we lecture at the same college.
00:22:18Well, of course, he's full-time.
00:22:19I only do a couple of days a week because of family.
00:22:22I'm sorry, your husband's American, I believe.
00:22:24Yes, he is, yes.
00:22:25Whose idea was it to come to England?
00:22:27It was mine. I was homesick.
00:22:28He didn't want to come at first.
00:22:30Yes. Well, what made him change his mind?
00:22:32He didn't want to split up the family.
00:22:34Yes, your husband is very fond of you.
00:22:37We love each other.
00:22:39Yes. Thank you, Mrs Stratton.
00:22:41No further questions, my lord.
00:22:43Thank you, Mrs Stratton.
00:22:45Um, uh, my lord.
00:22:48Uh, yes?
00:22:50Um, it is, uh, 4.37, my lord,
00:22:53which means we probably missed the fast train to London.
00:22:56Oh, dear, I'm sorry.
00:22:58You'd better telephone your wife, Mr Farson,
00:23:00as tell her you'll be late, save a row tonight, won't you?
00:23:03Thank you, my lord.
00:23:04We'll start promptly at 10 o'clock tomorrow morning.
00:23:10Oh.
00:23:17Oh, uh, yes, that's it to, uh, the morning, uh, Mrs Whiting.
00:23:21It's at 10 o'clock to start.
00:23:23This judge is a sticklip at times.
00:23:25At least he is in the mornings.
00:23:26Uh, so it won't be too long to wait. You'll be on second.
00:23:28I don't want to go through with it.
00:23:30It won't be so bad.
00:23:31No, I don't want to give evidence. I want to stop the trial.
00:23:34Well, that's up to you. Uh, have a word with your solicitor.
00:23:37Please, can't I just drop the charges?
00:23:39Well, yes, that is your decision.
00:23:41Maybe you'd like to talk to your sister about it,
00:23:43and, uh, let me know what you decide in the morning.
00:23:46Excuse me, Mrs Whiting.
00:24:03The cases in Fulchester Crown Court are fictitious,
00:24:06but the jury is made up of members of the general public.
00:24:09Join us tomorrow for the second part of this case.
00:24:37Jennifer Whiting claims she was beaten and battered by her husband,
00:24:41but yesterday she told her counsel she wasn't sure
00:24:44whether she wanted to continue with the case.
00:24:46Mrs Whiting has arrived at the Fulchester Crown Court,
00:24:49but whether she will actually give evidence against her husband
00:24:52is still in doubt.
00:24:53Now, Mrs Bouguard, will you just tell the court
00:24:56that I'm going to give evidence against my husband
00:24:59and I'm going to give evidence against my husband
00:25:02and I'm going to give evidence against my husband
00:25:05or will you just tell the court
00:25:07what happened on the night of October the 7th last year?
00:25:10My husband was away.
00:25:12He was abroad on business, in fact.
00:25:14I was alone in the house listening to some music.
00:25:18Mahler's Fifth, in actual fact.
00:25:21It was just after nine when I heard shouting and screaming.
00:25:25I turned the record down and listened.
00:25:28It was coming from the Whiting's direction.
00:25:31What sort of house do you live in, Mrs Bouguard?
00:25:33A detached.
00:25:34Where is the Whiting's house in relation to yours?
00:25:36Well, if you go out of my front door, it's to the left, next door.
00:25:39Yes, and how far from your house?
00:25:41With the garden separating about 30 feet.
00:25:43Yes, so you heard these noises coming from the Whiting's house.
00:25:46What did you do?
00:25:48Well, I'm afraid I turned the gramophone up quite loud.
00:25:52I'm afraid I tried to block the noise out.
00:25:55I'd heard it all before.
00:25:57How do you mean?
00:25:59Well, in the last couple of years there have been several rows.
00:26:02So you've heard these screams and shouts
00:26:04coming from the Whiting's house on other occasions.
00:26:06Worse than that.
00:26:08Can you explain that for us?
00:26:10It was last summer, late at night.
00:26:12Mrs Whiting was crawling about the garden in her nightie
00:26:15making terrible howling noises.
00:26:18Did you find out what was going on?
00:26:20Well, no. It didn't seem the thing to do.
00:26:23My husband said we shouldn't interfere.
00:26:25But on this occasion in October, she knocked on my door,
00:26:29so I had no choice.
00:26:31Yes, and how did you feel about that?
00:26:33I'm afraid I hoped she'd go away.
00:26:35Yes, you hoped the social leper would crawl back.
00:26:40I didn't want to get involved.
00:26:42Yes, I think we understand that, Mrs Woolgar.
00:26:45What made you change your mind?
00:26:47Well, I went into the hall and I heard this sobbing.
00:26:51I opened the door and I saw Mrs Whiting smothered in blood.
00:26:56Her clothes were all torn and her skin was...
00:27:00a livid red in some places with black bruises,
00:27:06as though her poor body had been used as some kind of punch bag.
00:27:11Her hair was soaking wet and covered with dirt
00:27:14and she'd been knocking on my door for five minutes,
00:27:18knocking without getting any answer.
00:27:20Yes.
00:27:22I call myself a Christian.
00:27:25My only defence, my only excuse is that
00:27:28I thought one should not interfere between man and wife.
00:27:31I thought the home was the one place that was private,
00:27:35inviolate.
00:27:37I was wrong.
00:27:39I just thank God that Mrs Whiting is alive.
00:27:42If she had died, her death would have been on my conscience
00:27:45for the rest of my days on this earth.
00:27:47Yes.
00:27:49Thank you, Mrs Woolgar.
00:27:52Mrs Whiting arrived on your doorstep in a terrible state.
00:27:58Yes.
00:28:00Such a state that you thought she might die.
00:28:03When I saw all the marks and bruises.
00:28:05But you didn't call 999, did you, Mrs Woolgar?
00:28:09No.
00:28:10You didn't even call a doctor, did you?
00:28:12No, I didn't.
00:28:14You have a woman on your doorstep, covered in blood,
00:28:18you think she's dying, and you don't call a doctor?
00:28:22Well, Mrs Whiting wouldn't let me call one.
00:28:24But if she was in such a terrible state, how could she make that decision?
00:28:27Well, she wasn't in such a terrible state, that was my first impression.
00:28:30Ah, so your first impression was wrong.
00:28:35Well, I bathed her face and found the blood was all coming from the nose.
00:28:38So she wasn't at death's door.
00:28:41Well, she was covered in marks and bruises.
00:28:43How do you mean covered? Do you mean every inch of her was covered?
00:28:46No, no, no, there were patches on her arms here and there.
00:28:49So she wasn't covered in marks and bruises, but there were patches.
00:28:53Now, Mrs Woolgar, are you aware that some women only have to be touched to come up in a terrible bruise mark?
00:28:59It's something to do with the blood, is it?
00:29:01Yes, and are you aware that Mrs Whiting has that sort of condition?
00:29:04No, no, I was not aware of that.
00:29:06So Mrs Whiting arrived on your doorstep with a simple fracture of the nose and a couple of broken fingers.
00:29:13But apart from that, she was all right.
00:29:16Well, yes, but I would hardly call that all right.
00:29:21Now, did Mrs Whiting tell you what had happened?
00:29:25She said she'd had a row with her husband.
00:29:27You're quite sure of that?
00:29:29Quite sure of what?
00:29:30That she said, I've had a row with my husband.
00:29:33Yes, quite sure.
00:29:35She did not say, my husband has been beating me up.
00:29:40No, she didn't.
00:29:42But a moment later, she said she'd run into the garden and fallen over.
00:29:46That wasn't true either, was it?
00:29:48But Mrs Whiting did not say to you...
00:29:53Mrs Whiting, you can't come in.
00:29:55I want to see my solicitor.
00:29:57Well, I'll see him, but you must not come into the court.
00:30:00Now, what happened after you bathed Mrs Whiting's face?
00:30:05Well, she asked to use the phone and she called her sister.
00:30:08She called her sister, and 15 minutes later, Mrs Stratton arrived.
00:30:13Yes.
00:30:14Is that correct?
00:30:15Yes.
00:30:16I want to stop the trial.
00:30:18She said, he's battered you, and this time you are not keeping it quiet.
00:30:23I see, so Mrs Stratton actually told her sister what had happened.
00:30:29Yes, that's right.
00:30:31Now, Mrs Woolgar, did you on this occasion, or have you in the past,
00:30:36observed Mr Whiting strike his wife?
00:30:39Well, I've heard the shouting and screaming.
00:30:41Yes, but on those occasions, were you able to observe who was doing the hitting?
00:30:45If, indeed, hitting was involved.
00:30:48But it was going on behind closed doors.
00:30:51How could anyone know what was happening?
00:30:54Thank you, Mrs Woolgar.
00:30:56No further questions.
00:30:58That's all, Lord, do you have any questions?
00:31:00No, thank you, Mr Parsons.
00:31:02You may leave the witness box, Mrs Woolgar.
00:31:05May I stay in court, my Lord?
00:31:07I'm afraid you must. You may sit over there.
00:31:10My Lord, I'd like to call Mrs Jennifer Whiting.
00:31:14You are Mrs Jennifer Whiting, and you live at the Squirrels Orchard Road, Fulchester West.
00:31:21The Squirrels is my home.
00:31:23My family home.
00:31:25I'm staying with my sister now.
00:31:27Yes, now, Mrs Whiting, would you just tell the court
00:31:31what happened on the night of October the 7th last year?
00:31:36I was at home, waiting for my husband to come back.
00:31:40It was Ben's birthday.
00:31:42My son, he was four years old that day,
00:31:44and Ian had said that he would be back early, at five.
00:31:49He didn't come.
00:31:51Ben cried. I put him to bed at seven.
00:31:54Your husband still hadn't arrived home?
00:31:58No, he still hadn't come by 8.30.
00:32:01I started to worry. I thought he might be at the club.
00:32:04Yes, what club is that, Mrs Whiting?
00:32:06It's the golf club.
00:32:08Ian uses it for business.
00:32:10I mean, he'll take business colleagues there.
00:32:12I thought he might be there.
00:32:13Yes, was he there?
00:32:14Yes, he was.
00:32:17He sounded jolly.
00:32:18Yes. How did he react to you phoning him at his club?
00:32:22All right.
00:32:23Yes. Did you tell him about your son's birthday?
00:32:25Yes, I asked him if he'd bought Ben a present.
00:32:28He didn't know what I was talking about. He'd forgotten.
00:32:31He said I should have phoned him at the office, reminded him.
00:32:34Yes. Did he say anything else?
00:32:37Yes, he said, I suppose I shall have to come home.
00:32:40I told him he could stay there because Ben was in bed.
00:32:44I told him he'd cried himself to sleep.
00:32:47Ian started shouting about emotional blackmail.
00:32:50He put the phone down.
00:32:52Yes. At what time did your husband eventually arrive home?
00:32:56Just after nine.
00:32:57Yes. And then what took place?
00:33:00He...
00:33:06Well, um...
00:33:07Um, I'm not sure.
00:33:10Will you remember what took place?
00:33:13No, I'm not sure.
00:33:15Mrs Whiting, are you telling the court that you cannot remember
00:33:19what happened when your husband returned home?
00:33:21No.
00:33:23Then what are you saying?
00:33:25Yes.
00:33:28I'm not sure. I can't remember.
00:33:33My Lord, I would like a short adjournment
00:33:35in order to take instructions in this matter.
00:33:37Well, Mr Parsons, it appears that your witness...
00:33:39You see, he didn't mean to.
00:33:41He didn't mean to hurt me. He didn't mean to be so cruel.
00:33:44He's never touched the children.
00:33:47He needs help. He told me it would never happen again.
00:33:52Well, when did Mr Whiting make this promise?
00:33:56Yesterday in the park.
00:33:58I met him when I took the children out.
00:34:01He didn't mean to attack me. He didn't mean to attack...
00:34:04I didn't attack her. I simply said that we were both to blame
00:34:07and that we should try and make a go of it.
00:34:09Now, now, Mr Whiting, don't shout from the dock.
00:34:12You'll have your turn later.
00:34:14My Lord, my client was in fact anticipating his defence,
00:34:17that the act was not deliberate, but accidental.
00:34:21Is that what he's saying? Is that what you're saying?
00:34:24I was holding her off. It was an accident. She was attacking me.
00:34:27Now, this is quite enough.
00:34:29Mrs Whiting, you will not address the accused again.
00:34:32And Mr Whiting, you will remain silent
00:34:34until it's your turn to give evidence.
00:34:37I see. It isn't true.
00:34:40What isn't true, Mrs Whiting?
00:34:43Promises he made.
00:34:46And, um...
00:34:48are you still saying that you can't remember what took place?
00:34:52You're not sure?
00:34:55We met in the park.
00:34:58Ian said that he was sorry and played with Ben.
00:35:02He said that we should both try to make a go of it
00:35:05for the sake of the children, and he started to cry.
00:35:09He didn't threaten me at all.
00:35:11He said I could go ahead with the case,
00:35:13but that he wanted me back no matter what.
00:35:15Yes.
00:35:17Now, Mrs Whiting, just tell the court
00:35:20what happened that night when your husband came back from the club.
00:35:24Uh, my lord, the witness has already said
00:35:28that she does not know what happened.
00:35:30Mrs Whiting, you said that you weren't sure
00:35:34when you were last asked the question.
00:35:36Well, I meant that I wasn't sure
00:35:38whether I wanted to go through with this.
00:35:41He said that he was sorry.
00:35:43Truly sorry.
00:35:45But he isn't.
00:35:47Very well. Now tell us what happened.
00:35:55He came home.
00:35:57He was quite drunk.
00:36:00Not staggering, you understand.
00:36:02He holds his liquor very well.
00:36:04He's had a great deal of practice.
00:36:07Before the children, I tried to keep up with him.
00:36:10He sat in a chair.
00:36:12I was watching television.
00:36:15He asked me what right I had to drag him home from the club.
00:36:19He said he wanted to have a party.
00:36:21He asked me to get Ben up.
00:36:23I told him not to be silly.
00:36:27He sat there staring at me for what seemed like hours.
00:36:31It must have been...
00:36:33I don't know, five minutes.
00:36:36Then he got up and came over to me
00:36:39and leant over me with his face close to mine
00:36:42and he said, Would you like a kiss, my love?
00:36:46Then he stood up and hit me with his fist full in the face.
00:36:51Then he took hold of my ankles and dragged me off the sofa
00:36:55and out into the hall
00:36:57and he tried to drag me up the stairs.
00:37:00He kept shouting that he was going to throw me from the banisters.
00:37:05Then he let go of my ankles.
00:37:07I dragged myself away from him.
00:37:10He said that he was going back to the club.
00:37:13He started to move to the door
00:37:15and then turned and came back.
00:37:18He took hold of my hand.
00:37:21He said he was going to give me the water treatment.
00:37:26I screamed.
00:37:28He slapped me on the face
00:37:30and he bent my fingers back until they snapped.
00:37:37Then he dragged me up the stairs and into the bathroom.
00:37:41He filled the sink with water.
00:37:44Then he took hold of me very gently
00:37:47and rocked me in his arms and said that he was sorry.
00:37:52I started to cry.
00:37:54He said he didn't like to see me cry
00:37:57and he didn't like to see all that blood.
00:38:02It was then that he gave me the water treatment.
00:38:10Yes, what is that?
00:38:14The water treatment.
00:38:18Now, Mrs Whiting, just tell the court
00:38:22what the water treatment is.
00:38:26He took hold of my neck
00:38:28and pushed my head into the water so that I couldn't breathe.
00:38:32When I choked in the water, he let me go.
00:38:35I coughed and I was sick over the bathroom floor.
00:38:39Then he pushed my head in again.
00:38:42There was a great booming noise and everything went black.
00:38:48Does that mean you fainted, Mrs Whiting?
00:38:53When I came to, I was lying on the floor of the bathroom.
00:38:57I dragged myself into the children's room.
00:39:00Ben saw me and screamed.
00:39:03I saw someone coming up the stairs.
00:39:06It was Ian.
00:39:08He came in and told me to get up.
00:39:11He dragged me up and punched me with his fist in the face.
00:39:16I catapulted back against Ben's bunk bed.
00:39:19Ben screamed hysterically and I fell down.
00:39:23Then Ian took me by the hand,
00:39:27this hand with the fingers broken,
00:39:30and he dragged me down the stairs and out to the back door.
00:39:34He pushed me out.
00:39:36He locked the door behind me.
00:39:40I lay there for...
00:39:43I couldn't move.
00:39:45I wanted to go to sleep.
00:39:49But the children...
00:39:52I thought, I must try or I will die.
00:39:58I crawled over to Mrs Woolgar's house.
00:40:02Despite the shame, there was nothing else that I could do.
00:40:09Yes, I remember what happened that night.
00:40:20BANG
00:40:33Mrs Whiting, your injuries were sustained
00:40:36whilst your husband was trying to disengage himself from your attack.
00:40:40Isn't that the truth? No.
00:40:42You attacked him with a knife and he had to protect himself.
00:40:46Your middle and ring finger of your right hand were broken
00:40:50and it was his elbow that made contact with your nose.
00:40:53With what knife?
00:40:55Your husband then took you upstairs and tried to bathe your face.
00:40:58But you became hysterical and tried to drown yourself in the basin of water.
00:41:01No, I didn't. Well, I suggest you did.
00:41:04And I further suggest that you provoked your husband into handling you roughly.
00:41:08That's not true.
00:41:10Now, your husband has had a successful career, hasn't he, Mrs Whiting?
00:41:13Yes. Yes. Four years ago, he joined Lodge and Carter, an accountancy firm.
00:41:17Two years later, he's taken on as a Julia partner.
00:41:20Today, he is an equal partner in that firm, now being called Lodge and Whiting.
00:41:24That's true. Your husband has to work long hours.
00:41:27Yes. Sometimes he has to go away.
00:41:29Sometimes. Sometimes abroad.
00:41:31Yes, sometimes. And you became jealous, didn't you?
00:41:36No, that's not true.
00:41:38Isn't it true that you thought your husband was no longer attracted to you?
00:41:42No.
00:41:43Well, Mrs Whiting, since your second child, what has the sexual side of your marriage been like?
00:41:49It's been all right.
00:41:51Now, you have stretch marks on your body, don't you?
00:41:55Yes.
00:41:57Are you ashamed of those stretch marks?
00:41:59They sometimes happen when you have children.
00:42:02Yes. And is it true, since your second child, you haven't undressed in front of your husband?
00:42:07I don't...
00:42:08Speak up, please, Mrs Whiting.
00:42:12I don't like to.
00:42:14Because you felt insecure.
00:42:16You thought your husband would go looking for a younger girl without stretch marks scarring her body.
00:42:20So you nagged him, and you nagged him until you provoked your husband.
00:42:24Then you would go at him with your fists or anything you had to hand.
00:42:28My husband started beating me nearly three years ago.
00:42:32I was pregnant with Jessica at the time.
00:42:35He told me I hadn't ironed his shirt properly, and he kicked me in the stomach.
00:42:40When I turned to protect my unborn baby, he kicked me in the spine.
00:42:43I've had trouble with my back ever since.
00:42:45He kicked you in the stomach whilst you were pregnant? He damaged your spine?
00:42:50Yes.
00:42:51Well, if what you're saying is true, why on earth didn't you leave him?
00:42:54I was ashamed to.
00:42:56Ashamed of your possessive jealousy?
00:42:59I don't think that you could understand.
00:43:01Well, I think that the court does, Mrs Whiting.
00:43:04He stopped my friends visiting.
00:43:07I was at home with the children, and then the physical violence.
00:43:12I lost my confidence, my self-respect.
00:43:15Well, then, I'll ask you again. Why didn't you leave him?
00:43:18Where could I go? He had his career, I had the children.
00:43:22Well, your parents live less than 50 miles away. You could have gone there.
00:43:26Left the children with your mother, resumed your teaching career.
00:43:28No, I couldn't go to my parents. I couldn't tell them.
00:43:31Because you were ashamed?
00:43:32Yes.
00:43:33Well, if you're telling us the truth today, you had nothing to be ashamed of.
00:43:38It's the social stigma of being a battered wife.
00:43:41It's having to admit to your parents that you're a failure.
00:43:44My father didn't come to our wedding because he didn't like Ian.
00:43:47Yes, you didn't get on with your father, did you?
00:43:49No.
00:43:50Very much the authoritarian, wasn't he?
00:43:51Yes.
00:43:52Victorian in attitudes.
00:43:53Yes.
00:43:54He liked your three brothers better than he liked you, didn't he?
00:43:56Yes.
00:43:57And you felt rejected, didn't you?
00:43:59I loved him in spite of everything.
00:44:01Yes, but he didn't love you, did he?
00:44:04And I suggest that you felt deprived and rejected as a child.
00:44:09And at the unconscious level, at least, you lack the ability to trust in the love of a man.
00:44:16And that is why you made your husband's life a living hell.
00:44:19And that is why you stayed with him.
00:44:21You needed him, but you couldn't trust him, could you?
00:44:25I stayed because I felt guilty.
00:44:27Guilty because it was you causing the trouble.
00:44:30And that is why you've brought this evil charge against an innocent man.
00:44:33Because you want to punish him.
00:44:35Well, you have punished him for three years.
00:44:39Isn't that enough?
00:44:41I haven't punished him.
00:44:45No further questions, my Lord.
00:44:48Mrs Whiting, did you seek any advice, professional advice, for your marital problems?
00:44:54Yes, I went once to the marriage guidance.
00:44:57The man who saw me needed guidance himself.
00:44:59But was there another occasion that you sought help?
00:45:02Yes, it was after Ian had poured boiling water on my breasts.
00:45:06I went to the social services.
00:45:08I told them that I was leaving my husband. I had the children with me.
00:45:12They told me to go back to Ian.
00:45:14They said a woman who leaves home of her own will makes herself homeless and therefore isn't entitled to assistance.
00:45:20The young woman said it wasn't their policy to interfere with the sanctity of marriage.
00:45:24Yes, and what happened?
00:45:26They sent a social worker round to see Ian.
00:45:29And?
00:45:30He was charming.
00:45:32The social worker didn't believe me.
00:45:34She said it's only the inarticulate man who beats his wife.
00:45:38It's a form of inarticulate lovemaking, she said.
00:45:42After she'd gone, Ian smashed the coal tongs on my foot.
00:45:46I went back. This time they were more sympathetic.
00:45:49Yes.
00:45:50Now, Mrs Whiting, a moment ago you said in evidence to my learned friend
00:45:54that your husband's been beating you for about three years now.
00:45:57In that case, will you tell the court again why it is that you've stayed with him for so long?
00:46:03Well, if I'd gone, if I'd found somewhere to live, I might still have lost custody of the children.
00:46:10So I stayed and stayed in the hope that things might get better.
00:46:14And I convinced myself that I was doing it for the children's sake,
00:46:18because when he's calm, Ian is a good father.
00:46:22But I soon realised that things wouldn't work out.
00:46:25Both the children were disturbed.
00:46:27I began to worry about them.
00:46:29Not because of Ian, but because of myself.
00:46:32I began to resent them, because without them I could have left and started again.
00:46:37It was their fault that I was in this mess.
00:46:39And besides, I'd read about battered wives who turned on their children.
00:46:43My moral reasons for staying had gone.
00:46:46So there must have been other reasons for your staying. What were they?
00:46:50It takes a long time to get to know another human being.
00:46:54And when he's calm, he's so kind, so gentle.
00:46:57There were good moments.
00:47:00He has a lot of acquaintances, but no real friends.
00:47:03He needed me.
00:47:05And I thought that if I left, I might not be able to form another relationship.
00:47:08We needed each other.
00:47:11I was the only one who saw him, frightened at night.
00:47:15Frightened?
00:47:18What was he frightened of, Mrs Whiting?
00:47:22A nightmare.
00:47:24Can you tell us about that?
00:47:27Yes, he'd had the same one several times.
00:47:30It was very vivid, he said, a dream with colours.
00:47:34He was lying in a clearing in the woods, asleep.
00:47:38There was no sound, except for the trees rustling.
00:47:41And suddenly, something was pressing down on him.
00:47:44He couldn't turn his head to see who or what it was,
00:47:47but he could sense that it was something evil.
00:47:50He had no voice, no strength.
00:47:53And this thing was pressing down on him.
00:47:56He'd wake up shivering and drenched with sweat.
00:48:00When the beating started, I thought that I could help him, that it would pass.
00:48:04To think anything else seemed to me to admit defeat
00:48:07with the only person I knew in the world, really knew.
00:48:11Without him, I could see no point in life,
00:48:15except for the children.
00:48:18Is there?
00:48:34The cases in Fulchester Crown Court are fictitious,
00:48:37but the jury is made up of members of the general public.
00:48:40Join us tomorrow for the final part of this case.
00:49:04MUSIC
00:49:21Ian Whiting has been accused of battering his wife.
00:49:24Today, the defence start their case,
00:49:26and Ian Whiting will have the chance of putting his version of what happened that night.
00:49:33Now, Mr Whiting, will you tell us what happened on the evening of October 7th?
00:49:37Yes. We had been going over the accounts and VAT of a large construction company.
00:49:43Later in the afternoon, two of the directors of the firm came in,
00:49:46and after my partner and I had been over the figures with them, we went to the club.
00:49:50And at the club, did you receive a telephone call from your wife?
00:49:53Yes, I did. What did she say?
00:49:55Well, she started to become turgid and accused me of being with another woman.
00:49:59And did you then start to shout and accuse her of emotional blackmail?
00:50:03Er, no. Well, the two directors and my partner were right by my side, you see.
00:50:09No, I offered to get Kenneth, my partner, to speak to her,
00:50:12but she said that was no good, as he was always covering for me,
00:50:15and if I didn't come straight home, she didn't know what she might do.
00:50:18That's when I accused her of emotional blackmail.
00:50:21Had you drunk a great deal?
00:50:23Well, no more than my companions. Three or four scotches.
00:50:27Hmm. That amount might affect some people.
00:50:30True, but neither my companions nor myself were in the least bit inebriated.
00:50:34Now, how soon after your wife phoned, did you return home?
00:50:38Straight away. Why?
00:50:39Because I was worried as to what she might do to the children or to herself.
00:50:43And what happened when you got back?
00:50:45She flew into an infantile rage. These jealous rages had been getting worse.
00:50:51How did you react?
00:50:53Well, I didn't. I just sat down and let the storm rage around my head.
00:50:58And what effects did this have on your wife?
00:51:00Well, it made her furious, of course, saying that she despised me for not owning up.
00:51:06But there was something that made you react a few minutes later.
00:51:09Yes.
00:51:10There was a fight between you and your wife.
00:51:12No, no, no. Sorry. Not a fight. No.
00:51:13Well, as I just said, these rages had been getting worse.
00:51:16This time, she attacked me with a knife.
00:51:18There was a struggle in which she held on to the knife like grim death.
00:51:21I had to use all my force to prise it out of her hand.
00:51:24Yes, and that was how your wife's middle and ring finger on her right hand were broken.
00:51:28That's quite correct.
00:51:29You see, as I was pulling the knife away, her head came down and my elbow went up like that, you see,
00:51:35and her nose met the full force.
00:51:38Well, naturally, she was stunned and blood began to pour from her nose.
00:51:42So I helped her up the stairs, sat her on the side of the bath and began to bathe her nose.
00:51:47By this time, blood was pouring quite freely, so I held her head over the basin.
00:51:51Then she came to and started to scream and put her whole head into the basin as if she wanted to drown herself.
00:51:58So I naturally pulled her away, but she broke away, ran downstairs screaming, and I washed out to the basin.
00:52:04Why didn't you follow your wife?
00:52:06Well, because I thought it would do more harm than good.
00:52:09Then I heard the front door bang.
00:52:11Did you go after your wife then?
00:52:13No, no. I allowed her to get some fresh air for a few minutes, but I went to look for her later on and she'd gone.
00:52:19So I just sat down and waited and hoped that she might come back.
00:52:22Now, going back to this jealousy that your wife felt, was there any justification for it?
00:52:28Yes. Well, you see, I really ought to be quite honest about this.
00:52:31After Jennifer had had our first child, she started to act strangely, transferring all her affections onto him.
00:52:40I thought this was all right at first, but it went on for nearly a year.
00:52:44I then met another woman, and eventually I told Jennifer that I was having an affair, but not just a casual one, that I was in fact in love.
00:52:52She'd threatened to kill herself if I left home.
00:52:55So naturally I broke off the affair and have been totally faithful ever since.
00:52:58But you see, what makes being here so painful and dreadful is the fact that Jennifer and I are fairly rational people.
00:53:06I mean, we are able to discuss things, but sadly we cannot exist together without something in me sparking off violence in her, such as this totally irrational charge of assault.
00:53:19Yes, thank you. No further questions.
00:53:23Yes. Very smooth, Mr Whiting. Very bland, very convincing.
00:53:30The policeman believed you, the social worker believed you, you might even get this jury to believe you.
00:53:35Well, I have told the truth.
00:53:37Have you? Are you sure?
00:53:38Yes, I'm quite sure.
00:53:39Yes, well, it's just as well you made a few slips along the way, or I might have started believing you myself.
00:53:45My Lord, if my learned friend has any evidence against my client, please let him state it.
00:53:51Mr Parsons, you're supposed to be cross-examining the witness, not baiting him.
00:53:56My Lord. Mr Whiting, you're at your club, your wife phones, did you accuse her of emotional blackmail?
00:54:03No, you tell my learned friend, your friends were standing by the phone.
00:54:07The next minute your wife says she won't be responsible for her actions unless you return, you accuse her of emotional blackmail.
00:54:15Now, had your friends moved away?
00:54:18No, but my wife said that I shouted and screamed at the words. Actually, I spoke them quite quietly and in a different context.
00:54:24Ah. Not only your wife and you were witness to what happened in your house at nine o'clock on that October night, am I right?
00:54:32That's quite correct.
00:54:33Your word against hers?
00:54:35Yes.
00:54:36That's what you're depending on, isn't it, sir?
00:54:38You see, you say that when you arrived home, you let the storm rage about your head.
00:54:45That's right.
00:54:46Well, Mrs Woolgar said that she'd heard screams and shouts emanating from your house on other occasions. Is she wrong?
00:54:53Well, I'm no saint.
00:54:55Sometimes you stood up for yourself.
00:54:57Yes, I did.
00:54:58Sometimes. Perhaps you started a row.
00:55:00No, no, no, no, no, I didn't.
00:55:01Sir, I got the impression this time, the time that your wife attacked you with a knife, was the first time that you had defended yourself. Have I got that wrong?
00:55:08Well, I mean, we have had rows, but only words.
00:55:10But this time, your wife attacked you.
00:55:13Yes, that's right.
00:55:15Now, Mr Whiting, you're a fit, well-built man. I would say that you could defend yourself against your wife quite easily.
00:55:22But you see, Mr Whiting, you broke your wife's nose, you broke her fingers, her body was badly bruised. I put it to you that you battered your wife.
00:55:30No, I did not.
00:55:34How did her clothes come to be torn?
00:55:36But in the struggle.
00:55:38Yes, and you let her go out, half naked, stunned and bleeding.
00:55:42I allowed her to calm down, but after ten minutes, I did go to look for her.
00:55:47Which did you do first? Go to look for her, or get ready for bed?
00:55:52Well, I went to look for her.
00:55:53Yes. Well, you were desperately worried.
00:55:55Yes, I was.
00:55:56Yes. And how far did you look, Mr Whiting? I mean, she was only next door.
00:56:00Yes, but I couldn't leave the house, you see, because of the children.
00:56:02Yes, yes. So you got ready for bed.
00:56:05Well, not straight away, no.
00:56:07Oh, you got ready for bed later.
00:56:08Yes, well, much, much later.
00:56:10Yes, yes.
00:56:11Because you were desperately worried.
00:56:12Yes, I was.
00:56:13Yes, yes, yes.
00:56:15Did you ring the police?
00:56:16No, I didn't.
00:56:18Why not?
00:56:20Well, because I was expecting my wife to come back, and I was giving her time to do so.
00:56:24Ah, yes, I see.
00:56:26Now, when did you get ready for bed?
00:56:29How do you mean?
00:56:31Well, I mean, it's a simple enough question. I mean, when did you take your clothes off and put your...
00:56:35Oh, I see, no, about midnight, yes.
00:56:37And what time had your wife gone out?
00:56:39Just after nine o'clock.
00:56:41Had you phoned the police by midnight?
00:56:42No.
00:56:43Had you phoned the police at any time?
00:56:44No.
00:56:45And what time did the policeman knock on your door?
00:56:47Around one o'clock in the morning.
00:56:49Yes, yes.
00:56:51So, Mr Whiting, your wife was out, half naked, and some four hours later, you were lying on your bed.
00:57:01Actually, sitting in a chair.
00:57:03Well, what point are you trying to make, Mr Whiting?
00:57:07How do you mean?
00:57:08Well, I mean, I said you were lying in bed. You said you were sitting in a chair.
00:57:11What point are you making?
00:57:12Well, the point being that I wasn't in bed.
00:57:14Oh, I see. Sitting in a chair makes it all right. That means it's correct. That puts you in the right, does it?
00:57:19The point being I wasn't in bed.
00:57:25Now, October the 7th, any idea what the temperature was?
00:57:29I'm sorry, I can't remember.
00:57:30Well, I hope you had antifreeze in your radiator. There was a severe frost that night, wasn't there?
00:57:35Was there?
00:57:36You can't remember?
00:57:37Well, your wife was out in it, Mr Whiting. She was out in it until nearly 1am, as far as you knew.
00:57:43Half naked. She was dying of exposure in it, as far as you knew.
00:57:47But I couldn't leave the house.
00:57:48But you could have phoned the police.
00:57:50Well, I didn't really want them involved.
00:57:54When the police did arrive, you agreed to go to an hotel for the night. Your wife was so upset.
00:57:58Yes.
00:57:59Yes, and you went to the Grant Hotel.
00:58:00That's quite correct.
00:58:01Did you phone your wife that night?
00:58:03No, I didn't.
00:58:04Did you phone your wife from 2am until 9am, every hour, on the hour?
00:58:08No, I didn't.
00:58:09And when your wife picked up the telephone, did you put down your receiver?
00:58:12No, I did not.
00:58:15Your wife says you did.
00:58:18Well, I'm sorry, she's mistaken.
00:58:20Yes.
00:58:22Well, Mr Whiting, I have here a copy of your bill from the Grant Hotel.
00:58:32Do you see what I'm getting at? I mean, would you like to make your excuses now, before I read out the items on this bill?
00:58:37Yes, well, I did phone several people that night.
00:58:39You were making phone calls throughout the night?
00:58:40Yes, I couldn't sleep.
00:58:41Ah, I see. Well, if you'd like to give me the names.
00:58:45Well, I can't remember.
00:58:47You can't remember?
00:58:48No.
00:58:49Well, one name.
00:58:50No, I'm sorry, I can't remember.
00:58:51Ah, you said you couldn't sleep.
00:58:53Yes.
00:58:54Yes, yes, yes.
00:58:55Well, your wife has told us that you had bad nights. In fact, that you had nightmares.
00:59:01Yes, well, once in a while.
00:59:03Yes, but all the same one, lying in a wood with someone on top of you, you weren't able to do anything.
00:59:10Yes. I did phone my wife that night, on the hour and every hour, but not to keep her awake, just to make sure that she was doing nothing silly.
00:59:18The reason I didn't tell the truth was I was afraid that she might lose custody of the children if the court realised just how unstable she is.
00:59:26I see, yes.
00:59:28Now, you are an ambitious sort of chap, aren't you, Mr Whiting?
00:59:33Yes, yes, I am.
00:59:34You've done very well. Early thirties, you're in partnership. You've worked hard for that, haven't you?
00:59:38Well, it was worth working for.
00:59:39Yes. You work long hours?
00:59:40Yes, I do.
00:59:41You travel a lot?
00:59:42Yes.
00:59:43You take a lot of responsibility on your shoulders?
00:59:44Yes.
00:59:45Do you find it a strain?
00:59:46Well, we're all under strain.
00:59:48Yes, yes, yes. How many tranquilizers do you take a day?
00:59:52Sometimes I don't take any at all.
00:59:54Yes. And on the other days?
00:59:56One or two.
00:59:57Yes. And you've been to hospital for various mild tests for stomach ulcer.
01:00:02That's quite correct.
01:00:03Did you have a stomach ulcer?
01:00:04Yes, I did.
01:00:05So, in fact, you have been under a great deal of pressure.
01:00:07Yes, well, I work very hard.
01:00:08Yes.
01:00:10Now, Mr. Whiting, tell us about your father.
01:00:17My father? I don't understand.
01:00:19Well, I'd like you to tell us about your relationship with your father.
01:00:23But I thought you were asking me about my job.
01:00:25Yes, well, now I'm asking you about your father.
01:00:27But I don't see the point.
01:00:28Well, just tell us about your father.
01:00:31Well, he was a civil servant.
01:00:33Yes, yes.
01:00:34Well, I mean, we didn't have very much in common. He was over 40 when I was born.
01:00:37Yes, you loved your mother.
01:00:38Yes, I did, yes.
01:00:39My Lord, my instructing solicitor has been in touch with the accused mother within the past 24 hours.
01:00:44She doesn't wish to appear in court. She made no comment on this case.
01:00:47Merely spoke of the accused's childhood.
01:00:50Thank you, Mr. Persons.
01:00:52You see, Mr. Whiting, I'm not trying to set a trap for you.
01:00:55But is it not true that your father often beat your mother?
01:00:59Yes.
01:01:00And there was an occasion when you were five, you tried to defend your mother against your father.
01:01:05Do you remember that?
01:01:06Not very clearly, but I do remember something.
01:01:08Do you remember what your father did to you?
01:01:10Pushed me aside, I suppose.
01:01:12Yes, your father was... You don't remember anything else?
01:01:15There wasn't much more to remember.
01:01:17Your father was beating your mother. You went to her aid.
01:01:20Your father pushed you aside onto the bed and took a pillow and put it over your head.
01:01:24Your mother says you were half suffocated.
01:01:26But I don't see the connection.
01:01:27Well, I mean, it explains this dream of yours, doesn't it?
01:01:30Being in the wood with someone on top of you, unable to do anything, to say anything.
01:01:33But surely that's quite a common dream.
01:01:35Well, a boy who sees violence, a boy who is on the wrong end of violence,
01:01:39is likely to grow into the sort of man who will use the same outlet when under business or emotional pressures.
01:01:45Now, you couldn't beat up your business associates, so you took it out on your wife, didn't you?
01:01:52My wife attacked me with a knife.
01:01:53You were brought up in a pattern of violence,
01:01:55and I suggest to you that this same brand of domestic violence has recurred.
01:02:01You battered your wife, didn't you?
01:02:03No, I did not.
01:02:05That's very clever, very neat.
01:02:07Patterns of violence, dreams, sins of the father.
01:02:10Yes, I grew up in violence.
01:02:12I detest violence.
01:02:14I was determined the same thing would never happen.
01:02:16I went out of my way not to quarrel with Jennifer.
01:02:18I didn't mean to harm her, but I had to get the knife out of her hand.
01:02:24No further questions, my lord.
01:02:36So, Mrs Whiting was a bit hysterical, and you suggested that she stayed with her sister.
01:02:42Why? Because she was in danger?
01:02:44No, sir, I thought for her own peace of mind.
01:02:46So, as far as you were concerned, there was no danger to Mrs Whiting from her husband?
01:02:52That's correct.
01:02:53But Mr Whiting saw the point.
01:02:55He realised his wife was in a bit of a state and wanted to be near the children.
01:02:58He offered to go to a hotel for the remainder of the night.
01:03:01Yes, so it wasn't your impression then that Mr Whiting was aggressive through drink?
01:03:05No, sir.
01:03:06Had he in fact been drinking?
01:03:08He showed no signs of being under the influence.
01:03:10Now, the following morning, you submitted your report to your sergeant.
01:03:14I did.
01:03:15Yes, and it was decided to take no action against Mr Whiting.
01:03:19That's correct.
01:03:20Why was that, constable?
01:03:21Well, sir, without independent evidence, it's very difficult.
01:03:24And there is a duty to the public purse.
01:03:26You see, in a man and wife squabble, when someone gets hurt,
01:03:30it's hard to know just who's at fault.
01:03:32Yes, thank you, constable.
01:03:35Constable, after the squabble, Mrs Whiting was a bit hysterical, you said?
01:03:41Yes.
01:03:42Well, Mrs Whiting had her nose broken, her fingers broken, her body was badly bruised.
01:03:46What sort of state did you expect her to be in?
01:03:50When you were called, you arrived at the hospital.
01:03:54Now, after you had been called, what delayed you?
01:03:57I was investigating a burglary, sir.
01:03:59Yes, and when you were asked to accompany Mrs Whiting to her home,
01:04:02did you pull her face and look at your watch?
01:04:05I may have looked at my watch.
01:04:07Yes.
01:04:08Is it not true, constable, that the police don't really like getting involved in domestics?
01:04:13Well, sir, domestics are very difficult to handle.
01:04:16I mean, you stop the man from hitting the woman,
01:04:19and she grabs you and tries to pull you off her man.
01:04:22The first domestic I ever went to, I had a bottle smashed over my head by the woman.
01:04:26I had to have stitches.
01:04:28Well, isn't it true that the police sometimes avoid going to a domestic
01:04:32until they think it's all over?
01:04:34Not to my knowledge, sir.
01:04:35Then they make sure that no-one's actually dead and go off again.
01:04:38If there's an independent witness, we take action.
01:04:41Yes. I mean, no doubt you started off with some sympathy for these battered women, constable.
01:04:47I still have.
01:04:48So, despite your stitches, your attitude hasn't hardened towards them?
01:04:53You only harden towards a situation, sir.
01:04:56So, I mean, if you see a woman in a punch-up,
01:04:59it's easier for you to see her as some hysterical female,
01:05:03because it would be pretty unbearable to see her as some helpless creature
01:05:07who's asking for help if you're not willing to give that help.
01:05:10If there is a danger to life, we do take action.
01:05:13Yes.
01:05:14Well, I have before me here, constable,
01:05:17the report from the Select Committee on Violence in Marriage.
01:05:20Have you read this report, constable?
01:05:22No, sir, I haven't.
01:05:24Well, I recommend it to you.
01:05:26And I'd like to quote to you from it.
01:05:30Mrs. X gave oral evidence anonymously on the 12th of March, 1974.
01:05:35She was beaten frequently over a period of 16 years
01:05:38before she left her husband.
01:05:40In her own words,
01:05:41I have had 10 stitches, 3 stitches, 5 stitches, 7 stitches where he has cut me.
01:05:48I have had a knife stuck through my stomach.
01:05:51I have had a poker put through my face.
01:05:54I have no teeth where he had knocked them all out.
01:05:58I have been to the police, and they held him in the nick over the weekend,
01:06:01and he came out on Monday.
01:06:03He was bound over to keep the peace.
01:06:05That was all.
01:06:07On the Tuesday, he gave me the hiding of my life,
01:06:11which leads me to the question, constable,
01:06:13is a marriage licence a licence for domestic violence?
01:06:16Well, action was taken in that particular case, sir.
01:06:18Well, yes, sir.
01:06:20Kept in the nick over the weekend.
01:06:21Bound over to keep the peace. No charges made.
01:06:23You call that action, constable?
01:06:25Constable Barraclough is not responsible for taking that sort of decision, Mr. Parsons.
01:06:29No, my lord, I just wanted to make the point
01:06:31that the police's failure to make any charges against Mr. Whiting is hardly relevant.
01:06:36Well, I think the jury will see that.
01:06:39Constable, would you agree with me that in these sort of cases,
01:06:42the law is very difficult to apply?
01:06:44I would say, my lord, that domestic disturbances are awkward to handle
01:06:48and responsibility hard to prove.
01:06:52There's no further questions, my lord.
01:06:55How long have you known the accused, Mr. Lodge?
01:06:58Since he joined my firm four years ago.
01:07:01And how did he come to be employed by you?
01:07:03I chose him out of 50 applicants.
01:07:06You see, I was hoping to groom someone to take over from me.
01:07:10And how did that plan work out?
01:07:12It worked perfectly.
01:07:14After two years, I took him on as my junior partner.
01:07:18And I now regard him as my own son.
01:07:21Was he under a strain?
01:07:24No, not at all.
01:07:26He took the job in his stride.
01:07:28And what sort of temperament does he have?
01:07:31Well, he's not soft, not in business.
01:07:35Socially, he's a charming man.
01:07:38One of the old school.
01:07:40We still give up our seat to a lady.
01:07:43Open doors for them, that sort of thing.
01:07:45Yes, I see.
01:07:47Now, do you know Mrs. Whiting?
01:07:50Yes, I do.
01:07:52And what is your opinion of Mrs. Whiting?
01:07:54Well, I don't wish to be angelant, but she doesn't make very much of an effort.
01:07:59She hasn't got anything to say for herself.
01:08:01You know what I mean?
01:08:03No social ease, nervous, neurotic woman.
01:08:08Bloody nuisance to a man like Ian, growing up in the world.
01:08:11But this didn't stop you from making him your partner?
01:08:14Oh, no.
01:08:15But I warned him to keep his business and his home life totally apart.
01:08:20Then it was that he confided in me and told me frankly
01:08:24that his wife was obsessively jealous about him
01:08:27and that it was making her ill.
01:08:30Did you see this jealousy for yourself?
01:08:34Oh, yes.
01:08:35She phoned up the office on several occasions.
01:08:38I remember last September she rang up.
01:08:42Ian was in Amsterdam.
01:08:44Well, the woman became hysterical.
01:08:46I told her to pull herself together.
01:08:48Ian was there on business, but there was no reasoning with the woman.
01:08:52I put the phone down.
01:08:54If Ian hadn't been an exceptional sort of fellow,
01:08:57he would never have put up with it.
01:09:00But he's stuck by her, and this is the thanks he gets.
01:09:04I'm convinced he would never have hit her.
01:09:07Thank you, Mr. Lodge.
01:09:10Ah, Mr. Lodge, how can you be so convinced
01:09:13that the accused did not batter his wife?
01:09:17I know the man.
01:09:18Do you know the wife?
01:09:20I've already said.
01:09:21How often have you met her?
01:09:23Once at a dinner in Ian's house.
01:09:26That all?
01:09:27The odd Christmas do.
01:09:29One dinner at the odd Christmas do.
01:09:30You know the lady. Is that what you're telling us?
01:09:32How do you know she was neurotic?
01:09:35That dinner.
01:09:37Oh, I mean, if she was being beaten,
01:09:39it's hardly surprising she behaved like a neurotic woman.
01:09:41I mean, she might have been told if she opened her mouth,
01:09:44she'd be battered again.
01:09:45The phone calls.
01:09:47She was obsessively jealous.
01:09:49Yes, let's take this last call in September
01:09:52when the accused was in Amsterdam.
01:09:54Right.
01:09:55She was hysterical.
01:09:58Before you answer this question, Mr. Lodge,
01:10:01remember you're on oath.
01:10:04Did Mrs. Whiting at any time during that call
01:10:08mention another woman?
01:10:12She claimed that Ian hadn't told her he was going.
01:10:16Ah, that's what it was about.
01:10:18I mean, so any woman would shed a tear
01:10:20if their husband went abroad without telling them,
01:10:22wouldn't they?
01:10:23But I'm sure he told her.
01:10:25As sure as I am that he wouldn't beat her.
01:10:27He's not that sort.
01:10:29What sort?
01:10:30The wife batterer.
01:10:32Oh.
01:10:33What sort's that?
01:10:35Well, it's the working man, isn't it?
01:10:38Get drunk on a Saturday night, go home and beat up the wife.
01:10:41You don't get educated men doing that.
01:10:45Well, your faith in the educated man, Mr. Lodge,
01:10:49is quite touching.
01:10:51No further questions, my lord.
01:10:55That is the case for the defence, my lord.
01:10:58Thank you, Mr. Lodge.
01:11:00Members of the jury,
01:11:02the charge in this case
01:11:04is assault causing grievous bodily harm.
01:11:07The issue is not whether or not
01:11:09the accused caused his wife's injuries.
01:11:11That's been admitted.
01:11:13But what was his intention?
01:11:16Mr. Whiting claims
01:11:18that he was defending himself
01:11:20from an attack by his wife with a knife.
01:11:22Now, a person's entitled to defend himself,
01:11:25provided he uses no more force than is necessary.
01:11:28He mustn't turn it to aggression or revenge.
01:11:32So, you must ask yourselves,
01:11:35did Mrs. Whiting attack her husband with a knife?
01:11:38And were her injuries caused by her own struggles
01:11:43and the force necessary to restrain her?
01:11:46In which case, you would find the accused not guilty.
01:11:51Or was the force used excessive?
01:11:54Or, again, were her injuries
01:11:57just wantonly inflicted on her by her husband?
01:12:01If so, you will find him guilty.
01:12:04But if you have any reasonable doubt,
01:12:07your verdict must be one of acquittal.
01:12:10Now, will you please retire,
01:12:12elect a foreman and consider your verdict.
01:12:20Members of the jury, will your foreman please stand.
01:12:23Now, just answer this question, yes or no.
01:12:26Have you reached a verdict on which you are all agreed?
01:12:28Yes.
01:12:29And do you find the accused, Ian Charles Whiting,
01:12:31guilty or not guilty of assault
01:12:33causing grievous bodily harm
01:12:35with intent to cause grievous bodily harm
01:12:37of Jennifer Whiting?
01:12:39Guilty.
01:12:40And is that the verdict of you all?
01:12:42Yes.
01:12:43Any previous convictions?
01:12:44No, my lord.
01:12:46Ian Charles Whiting, you have been found guilty.
01:12:49In view of his previous good character
01:12:51and lack of other convictions,
01:12:53Mr. Justice Stoddard sentenced Ian Whiting
01:12:55to one year's imprisonment, suspended for two years.
Recommended
1:37:05
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