Crown Court - Songbirds out of Tune (1975) - video Dailymotion

Jezza

Opera singer Cheryl Vandamm is claiming damages against arch rival singer Ethella Burns, for false imprisonment. WARNING: there is a moment where language is used that modern day audiences may find offensive.   This was broadcast as a single episode. Brilliant writing by Peter Wildeblood here. There's some ham acting, but it only adds to the enjoyment. The word "camp" doesn't come close. It's double-barrelled handbags at 50 paces!   Character actress, Patsy Smart (famous as Roberts in "Upstairs Downstairs" and as a ghoul in Doctor Who Talons of Weng-Chiang) appears as Mrs Bullitt. Terence Hardiman, best known as The Demon Headmaster) appears for the Plaintiff. William Simons, known for his role in Heartbeat, appears for the Defendant. Michael Elphick also makes an appearance.

Transcript

00:00:00Transcription by CastingWords

00:00:30The case you are about to see is fictional, but the jury is made up of members of the public

00:00:37who will assess the evidence and deliver their own verdict at the end of the programme.

00:01:00The case before Mr Justice Mitchener today is an action for damages involving two of the

00:01:13world's most distinguished opera singers, whose rivalry has often made headlines in the

00:01:17press.

00:01:18The plaintiff is Cheryl Van Damme, sometimes known as the Pittsburgh Nightingale.

00:01:23She alleges that last October she came to England to sing in a gala performance at the London

00:01:27Opera House, but was prevented from appearing there by the defendant, Ethella Burns, the

00:01:32Australian singer known in the opera houses of Europe as La Maravillosa, the marvellous

00:01:37one.

00:01:37Miss Van Damme is claiming damages for false imprisonment.

00:01:40Her counsel is Mr Stephen Harvesty.

00:01:44Thereby causing her to miss an engagement which was of vital importance to her prestige as

00:01:49an internationally famous artist.

00:01:52A performance, you will recall, which was especially arranged in honour of the President of France.

00:01:57I will now call the plaintiff, Miss Cheryl Van Damme.

00:02:14What is your religion?

00:02:16Episcopalian.

00:02:16Take the Bible in your right hand and read aloud the words on this card.

00:02:27I swear by almighty God that the evidence that I shall give shall be the truth, the whole

00:02:33truth, and nothing but the truth.

00:02:38Okay.

00:02:40Is your name Cheryl Hope Van Damme?

00:02:42Yes.

00:02:43And do you live at the Villa des Roses Moulins, Switzerland?

00:02:46That is what I consider my home, yes.

00:02:48I also have an apartment in New York and another in the south of France.

00:02:52What's your occupation?

00:02:53I sing.

00:02:54Will you tell us where you've appeared and in what roles?

00:02:58Metropolitan, New York, La Scala Milan, London Opera House, Bayreuth, San Francisco, Buenos

00:03:04Aires.

00:03:05I've sung Amneris and Aida, Carmen, Brangaina, the Princess Abley.

00:03:09Are those what might be called leading parts?

00:03:12Yes, all leading parts in the mezzo-soprano repertoire.

00:03:16Yes.

00:03:17On the 20th of October last year, did you have an engagement to sing in London?

00:03:21Yes.

00:03:21To appear as Carmen in a special Sunday evening performance at the London Opera House.

00:03:26At first, the idea didn't appeal to me too much because I was due to sing Amneris the

00:03:30previous night in Frankfurt.

00:03:31I don't like to sing on two nights running, especially when traveling's involved, but

00:03:35I felt I really had to.

00:03:37Why?

00:03:38I was very honored by the invitation.

00:03:41And also the administrator of the Opera House, Sir Gerald Pegler, is a very dear personal

00:03:46friend of mine.

00:03:47Mm-hmm.

00:03:48He said there was no one else in the same league available right then and begged me to come

00:03:52to London on the first plane out.

00:03:54Was a fee mentioned?

00:03:55$12,000.

00:03:56And that's about 5,000 pounds.

00:03:59Oh, you'll have to forgive me.

00:04:00I'm so dumb with figures.

00:04:02Ha!

00:04:03Was this $12,000 for the performance only, or was anything else expected of you?

00:04:09Pardon me?

00:04:10Were you expected, for example, to rehearse?

00:04:12A full-scale rehearsal wasn't necessary.

00:04:15I'd already appeared in this particular production the previous season, and of course they had

00:04:18all my personal costumes in the wardrobe.

00:04:20During that previous season, had anyone else sung the role of Carmen?

00:04:24Yeah, she had a couple of times.

00:04:27Madame Burns.

00:04:28Is that the defendant, Miss Othella Burns?

00:04:30Uh-huh.

00:04:31La Meravigliosa, according to the press.

00:04:35Now, to return to this question of a rehearsal, weren't you expected to rehearse the moves,

00:04:41the dramatic action?

00:04:42Yes, we'd agreed there'd be a kind of walkthrough in the afternoon, just to make sure we didn't

00:04:46bump into one another.

00:04:47And at what time was this walkthrough to be?

00:04:49Three o'clock.

00:04:51And did you agree to take part in the walkthrough as part of your contractual obligation to

00:04:54Sir Gerald?

00:04:55I guess so.

00:04:56Only I never got to see the contract.

00:04:58It was going to be waiting for me when I arrived in London.

00:05:00But did you understand the verbal agreement between yourself and the administrator to be

00:05:04binding?

00:05:05Sure.

00:05:06Sir Gerald is a gentleman.

00:05:08Was there subsequently a written contract?

00:05:10No.

00:05:11Why was that?

00:05:12Because by the time I got to London, La Meravigliosa had deliberately loused it up.

00:05:16A lying cow.

00:05:17Did you wish to say something, Miss Burns?

00:05:23You will, of course, have an opportunity to put forward your version in due course.

00:05:28And you, Miss Van Damme, you really must try not to express your view of what may have

00:05:34happened.

00:05:35That's a matter for the jury.

00:05:36Now, Miss Van Damme, will you please describe the flight to London?

00:05:43I left Frankfurt shortly before 10 a.m.

00:05:45On Sunday, the 20th of October, 1974?

00:05:48Yes, with my secretary, Mr. Frank Hollands.

00:05:51We were in the first-class cabin trying to arrange a drink before take-off when she came

00:05:55in.

00:05:55Who?

00:05:56Madam Burns.

00:05:58I didn't even know she was in Frankfurt, but she'd apparently gone across especially

00:06:01to catch my performance in Aida.

00:06:03You'll hear my version of that in due course, too.

00:06:06How do you know that she'd seen you in Aida?

00:06:09She told me.

00:06:10What did she say?

00:06:11She said, a wonderful darling, but a little flat.

00:06:15Was that in the tone of a friendly remark or not?

00:06:17It was not.

00:06:18But you get used to that kind of stuff from her.

00:06:20She picks fights with everybody on principle.

00:06:22We call her the Boxing Kangaroo.

00:06:27Now, this flight from Frankfurt, did it proceed according to schedule?

00:06:32No.

00:06:32After about an hour, there was an announcement that there was bad fog at London Airport and

00:06:36the plane was being diverted to this place called Fullchester.

00:06:39What was your reaction on hearing that?

00:06:41I was really mad.

00:06:42I didn't see how I was going to make it to the Opera House on time.

00:06:45I mean, for all I knew, it could have taken all day to get to London from this Fullchester,

00:06:49and I was due at the walk-through at 3 o'clock.

00:06:51Did you make any inquiries about that?

00:06:53I certainly did.

00:06:54I went straight through to the front end looking for the captain.

00:06:57Now, when you went forward to the front end, did you take your passport with you?

00:07:02No.

00:07:03I left my bag on the seat.

00:07:05My passport was in it.

00:07:06Yes.

00:07:07And where was your secretary, Mr. Hollins, at this point?

00:07:10Oh, he got up and followed me, saying the pilot had more important things to think about.

00:07:15He never was any use in an emergency.

00:07:17Did you, in fact, speak to any of the crew?

00:07:20Yes.

00:07:20The steward stopped me in the galley.

00:07:22He wouldn't let me through.

00:07:23And while this was all going on, where was the defendant, Miss Othella Burns?

00:07:27She stayed right where she was, with my bag on the seat beside her.

00:07:31When did you next see your passport?

00:07:33I didn't see it again.

00:07:35Not ever.

00:07:36The one I use now is a substitute issued by the United States Embassy in London.

00:07:40How did you obtain that second passport?

00:07:42I said the first one had been stolen.

00:07:43What happened when you arrived in Fulchester?

00:07:48Well, first we had to go through the immigration desk.

00:07:50There were two of them, one for British and the other for everybody else.

00:07:54Frank and Othella went through the British side and I lined up with the Germans.

00:07:57Then, of course, when it was my turn to show my passport, I couldn't find it.

00:08:01When did you last see it?

00:08:02In the departure lounge at Frankfurt.

00:08:04My secretary handed it to me after he'd done the check-in and everything.

00:08:07Yes. Yes, carry on.

00:08:07Well, naturally, I looked everywhere.

00:08:10It might have gotten to and this took quite a while because I had a load of junk with me, including a mink coat.

00:08:15So, by the time I'd gone through the pockets and all my hand luggage, the people standing behind me weren't any too happy with the situation.

00:08:22The immigration officer, what was his attitude?

00:08:24He practically threatened to put me on the next plane out of the country.

00:08:28Either that'll keep me in Fulchester forever.

00:08:29So, I said, look, I've come here...

00:08:31Yes, Mr. Othella, do we need to know what the plaintiff said to the immigration officer or vice versa?

00:08:35Can't we confine ourselves to what happened to this lady?

00:08:38What happened to this lady was they put me in the VIP lounge while they looked around the airplane to see if they could find my passport.

00:08:45VIP lounge was more like an outside privy.

00:08:48What had happened to your friends?

00:08:50What friends?

00:08:51Your secretary and Miss Burns.

00:08:54I don't know what that burns had got to, but Frank was still there bleeding away and being useless.

00:08:58Well, I was really mad by now, so I yelled at him that if he wanted to keep his job, he'd better go get a phone and get a hold of the opera house or the ambassador or someone.

00:09:07Weren't you more specific?

00:09:08Yeah, I called him a no-good slob.

00:09:11I mean about whom he was to call.

00:09:14Yes, I told him to get a hold of Sir Gerald and tell him what had happened.

00:09:18What was his reply?

00:09:19He said he would, right away.

00:09:21To the best of your knowledge, was that phone call made?

00:09:24No, it was not.

00:09:26How long were you kept in the VIP lounge, Miss Mandela?

00:09:29About an hour, I guess.

00:09:31And what eventually secured your release?

00:09:34Well, this immigration guy must have called the embassy or somewhere, because he suddenly came back and said it was okay I could go.

00:09:39So I said, great, now how do I get to London?

00:09:42And it turned out there still weren't any planes on account of the fog, but there was a train in about 20 minutes, and if I hurried, I could make it.

00:09:48Yes. Do you recall the departure time of this train, Miss Van Damme?

00:09:52Yes, it was 12.27 out of Fulchester, but it was late, and I wasn't on it.

00:09:58No, well, we'll come to the reasons for that presently.

00:10:00I just want the jury to be quite clear about why you were detained at the airport.

00:10:04I told you, I couldn't find my passport.

00:10:08What, in your opinion, had happened to your passport?

00:10:11Oh, really, my lord, her opinion is of no weight and is quite inimissible.

00:10:14Yes, Mr. Harvesty, we really can't...

00:10:16In my opinion, Miss Burns had taken it.

00:10:19And I've already told you, Miss Van Damme, you must not give us your beliefs and opinions.

00:10:23But it's the truth. In the first place, there was no one else could have done it.

00:10:26Othello was the only person who had any interest in preventing me reaching London.

00:10:30She was determined to stop me singing in that gala, and that was only her first attempt.

00:10:34It was a cute idea, but it didn't work.

00:10:37Yes, do let's get on to something else.

00:10:40Yes, my lord.

00:10:41What happened when you left the airport?

00:10:44I got a taxi and told the driver to take me to Fulchester Railroad Station.

00:10:47And when you arrived there?

00:10:49I bought a ticket for London and asked about the train.

00:10:51It wasn't in yet, so I figured I had time to go to the John.

00:10:54Ah, forgive me, Miss Van Damme, but I think it may be that not everyone will understand

00:10:58what you mean by that expression.

00:11:00They won't?

00:11:01Oh, I think I'm right in saying, Mr. Harvesty, that the English equivalent would be ladies'

00:11:06lavatory.

00:11:08I'm greatly obliged, my lord.

00:11:10But a lavatory is where you wash.

00:11:14That, no doubt, is one of its functions, but perhaps not the primary one.

00:11:18Right, I get it.

00:11:19Like, we call it a restroom, but you wouldn't want to rest there.

00:11:21Yes, quite.

00:11:22Not this one, certainly.

00:11:23When you went into this place, was anyone else there?

00:11:26Yeah, Othello.

00:11:27What was she doing?

00:11:28Fixing up her face.

00:11:30Did you have any conversation with her?

00:11:31I may have said hi or something.

00:11:32I was pretty busy looking for some place to go.

00:11:34Well, was there some problem of choice?

00:11:36I'll say there was.

00:11:37There were four of these things in the row, and every last one of them had something wrong

00:11:42with it.

00:11:42I mean, either there was somebody in there, or the seat was busted, or the system was

00:11:45hanging off.

00:11:46I finally found one that was even a possibility, and this attendant appeared from nowhere.

00:11:50Ah, now, was that Mrs. Bullitt?

00:11:52Well, I wasn't exactly on social terms at that point in time.

00:11:55Now, do you see her in this court?

00:11:58Yeah, that's her over there.

00:12:00Did this lady say anything to you?

00:12:01She said the lock was out of order.

00:12:03I said that was the least of my worries and went in.

00:12:05Did the door open inwards or outwards?

00:12:08Towards the seat.

00:12:10Inwards.

00:12:11Did you bolt the door?

00:12:12I didn't even shut it.

00:12:14Not completely.

00:12:15What happened next?

00:12:16Pardon me?

00:12:18To the door, I mean.

00:12:19All of a sudden, it slammed shut.

00:12:22Could it have done so of its own accord?

00:12:25No way.

00:12:27Only if it had a bit of help.

00:12:29Help?

00:12:30Like from a fella, giving it a good hard pull.

00:12:34Yes, I take it, Mr. Harvesty, that this is the incident on which you base your allegation of false imprisonment.

00:12:40That's correct, my lord.

00:12:41Yeah.

00:12:41You're not relying on the detention at the airport.

00:12:44Ah, no, my lord.

00:12:45Oh, you'd have been in some difficulty there, eh?

00:12:47Ah, yes.

00:12:48I mean, at all events, the immigration officer is an innocent agent.

00:12:51Indeed he is, my lord.

00:12:52Yes, yes.

00:12:55Yes, well, let's get back to the john.

00:12:57What did you do, Miss Van Damme, when the door slammed shut?

00:13:03Well, it took me a while to realize the position I was in.

00:13:05I mean, it wasn't until I tried to get out of there that I realized I couldn't.

00:13:09And this time, I could hear the train coming in, so I commenced beating on the door and hollering.

00:13:13Did anyone answer your appeal?

00:13:14Yes, Mrs. Bullitt tried to open it from the outside, but it was stuck fast.

00:13:18She went off to get help, and after about ten minutes, they got me out of there.

00:13:22When you were released, was the train still standing at the platform?

00:13:25It certainly was not.

00:13:27And furthermore, there wasn't another one for several hours.

00:13:30How did you complete your journey, then?

00:13:32I hired a car and told the driver to take me to London as fast as possible.

00:13:36I figured I'd probably miss the walkthrough, but there was an even chance I'd make it for the performance.

00:13:41And, of course, I imagined that Frank had called the Opera House and told Sir Gerald about the trouble with the passport.

00:13:48What time did you arrive in London?

00:13:50Around seven o'clock, I guess.

00:13:52There was still a lot of fog about, and the driver got lost a couple of times.

00:13:55Well, we went straight to the Opera House.

00:13:57This was about an hour before the gala was due to start.

00:14:00Whom did you see there?

00:14:01I went straight to Sir Gerald and told him what had happened.

00:14:04He said he'd been going crazy all day trying to find out where I was, because Frank hadn't called him like he said he would.

00:14:11And in the middle of all this, Othello had walked in and offered to take over.

00:14:19At that stage, were you still prepared to honor your agreement, your verbal contract?

00:14:25You bet I was.

00:14:26You considered yourself quite capable of singing the role of Carmen, in spite of all that had gone before.

00:14:31Well, it was hardly the preparation I would choose, having my passport stolen and being locked in the john.

00:14:37I doubt whether I'd have given one of the great interpretations of all time.

00:14:41Anyway, there was no question of it.

00:14:43Why was that?

00:14:45Because it was already fixed.

00:14:47My good friend, Madam Burns, was going to sing the part.

00:14:50What was your reaction on hearing that?

00:14:52I hit the ceiling.

00:14:54But Sir Gerald wouldn't reverse his decision.

00:14:57No.

00:14:58Did you speak to Miss Burns at all?

00:15:00Not a chance.

00:15:02I tried to, of course, but she sent word she was resting.

00:15:06In the number one dressing room, of course.

00:15:08So what did you do then?

00:15:10I didn't stay for the performance, if that's what you mean.

00:15:12Although Sir Gerald offered me a seat in his box.

00:15:15I decided to check into a hotel and watch television.

00:15:19Thank you, Miss Van Damme.

00:15:25Miss Van Damme.

00:15:26Would it be fair to say that as far as mezzo-sopranos are concerned, you are one of the top half-dozen in the world?

00:15:38I guess so, yes.

00:15:39And the defendant, Miss Burns, is also in that class.

00:15:45I wouldn't necessarily agree with that.

00:15:47Well, your fees for her performance are roughly comparable, are they not?

00:15:51I have no idea what she gets.

00:15:54Yes, well, there'll be evidence as to that later.

00:15:57But you get $12,000 for one performance.

00:16:00Yes.

00:16:01Might the loss of $12,000 cause you something of a pang?

00:16:08Sure.

00:16:08Particularly if it was stolen from me by some low-down trick.

00:16:12I suppose one of the reasons for your concern for money is the fact that a prima donna's professional life is a comparatively short one.

00:16:19Right.

00:16:20How long would you say?

00:16:23How many years at the top?

00:16:25Around 10 to 15, I guess.

00:16:27And after that, the vocal powers, they begin to fade.

00:16:32Depends on a person's constitution.

00:16:35Are you entirely happy with your performance on that Saturday night as Amneris in Aida?

00:16:42I'm never entirely happy with my performance.

00:16:45I'm a perfectionist.

00:16:47Well, the German audience weren't entirely happy with your performance either, were they?

00:16:52They booed you, didn't they?

00:16:53German audiences don't boo.

00:16:55They whistle.

00:16:56That's what happened on this occasion, was it?

00:16:58I really don't remember.

00:16:59If they did, someone most likely paid them to.

00:17:02Yes, well, after a bad reception from the German audience, you must have been somewhat apprehensive about going to London to sing again.

00:17:10I've told you that's all news to me.

00:17:12In any event, I had an agreement with Sir Gerald.

00:17:15I wouldn't have gone back on that in any circumstances.

00:17:19Particularly not if it meant losing $12,000.

00:17:21You must have wished there was some way of getting hold of the money without actually having to appear on the stage of the London Opera House and perhaps further damaging your reputation.

00:17:32Like how, for instance?

00:17:33By bringing an action like this against a totally innocent woman.

00:17:39If she's innocent, how come she stole my passport?

00:17:42Did you see her steal your passport?

00:17:44There was no one else could have done it.

00:17:45It was in my bag.

00:17:47Are you sure you didn't take it out yourself?

00:17:49Why would I do that?

00:17:50An announcement had just been made that there was fog in London and your plane would be diverted.

00:17:58Instead of arriving punctually at London Airport and being met with a limousine, you were faced with the prospect of further travelling.

00:18:06Arriving at the Opera House, late and tired, and with your voice no doubt further affected by the fog.

00:18:14It's a great scenario.

00:18:15What did I do with the passport?

00:18:17You weren't searched at Fultchester Airport, were you?

00:18:20It's about the only thing that didn't happen to me.

00:18:22What are you saying?

00:18:24I'm questioning your claim that your passport was ever stolen.

00:18:28Right, I get it.

00:18:29First I steal my own passport, then I lock myself in the jar.

00:18:33My, you certainly have a vivid imagination.

00:18:36Which would you say was easier, Miss Van Damme?

00:18:38To lock a toilet door from the inside or from the outside?

00:18:41Listen, she knew it was busted and she pulled it shut.

00:18:44Did you see Miss Burns pull the door shut?

00:18:46What do you think I was doing?

00:18:47Looking through the keyhole?

00:18:48Who else had any interest in preventing me from reaching that train?

00:18:53You had, if you decided not to sing that night.

00:18:55Are you crazy?

00:18:56There could have been six more trains that would get me there on time.

00:18:59Had you asked about that when you bought your ticket?

00:19:00No, I had not.

00:19:02All I asked was if the 1227 was in.

00:19:04I didn't request a full breakdown of the timetable.

00:19:06I'll bet she had, though.

00:19:10I'll bet she had the whole thing figured out.

00:19:13She and my dear, devoted secretary between them.

00:19:18La meravigliosa.

00:19:20Ha!

00:19:36What is your religion?

00:19:37Church of England.

00:19:38Take the Bible in your right hand and read aloud the words on this card.

00:19:42I swear by a mighty God that the evidence I shall give should be the truth, the whole truth, and nothing but the truth.

00:19:51Is your name Elsie Maud Bullitt?

00:19:53Yes, that's right.

00:19:54Do you live at 13 Crossman Buildings, Fulchester?

00:19:57Yes.

00:19:58What is your occupation?

00:19:59I work for British Rail.

00:20:01In what capacity?

00:20:02As an attendant in the lady's convenience.

00:20:06On Sunday, the 20th of October last year, were you on duty?

00:20:09Yes, I was.

00:20:11And I'd like to say it wasn't anything to do with me that that lady got locked in.

00:20:16No one's suggesting, Mrs. Wood.

00:20:17I've been working with a B.I. for 15 years and there's never been complaints.

00:20:20Not one word.

00:20:21We were just hoping that you could tell us how this unhappy incident came about.

00:20:26Well, it wouldn't have done if I'd been there, but you see, I've been sent off to look for a tale.

00:20:31Yes, we're going to come to that matter presently.

00:20:33Can you tell us when you first saw the defendant in this case, Miss Othella Burns?

00:20:39Which one is she?

00:20:42Well, there were only two ladies involved in this incident.

00:20:44Which one came in first?

00:20:47Her, sitting over there.

00:20:48The Cockney one.

00:20:50No, Miss Burns happens to be Australian and a person of great distinction.

00:20:54Oh, then she ought to have known better.

00:20:57When she came into the ladies' lavatory, did you have any conversation with her?

00:21:01She passed some very unnecessary remarks about the state of cleanliness.

00:21:06Were these criticisms justified?

00:21:08Well, I can't say the maintenance is all it should be, no.

00:21:12I've been complaining about that lot for months.

00:21:15But apart from that, everything is in reasonable condition.

00:21:19I don't know what they're used to in Australia.

00:21:21Well, did Miss Burns make use of the facilities?

00:21:24Yes, she washed her hands.

00:21:27And even that she complained about.

00:21:30First, there was no soap in the hotel.

00:21:33I might leave soap lying about because they steal it.

00:21:37So I went into my little cubby hole round the corner.

00:21:40Ah, excuse me, Miss Burns, could you see the rest of the convenience?

00:21:45No, it's just a sort of cupboard where I make my tea.

00:21:49I see.

00:21:49Well, I found the soap and I came back with it.

00:21:53And there was this black lady who'd just come in.

00:21:57Oh, of course, I didn't know she was a celebrity, not then.

00:22:00But I could see she wasn't a vandal or anything because she was carrying a mink coat.

00:22:06And what was this lady doing?

00:22:07Well, she was looking in the cubicles.

00:22:10How many are there?

00:22:11Four.

00:22:12Did she settle for anyone in particular?

00:22:14Yes, the second one from the left.

00:22:17So I thought I'd better warn her.

00:22:19I said, do be careful with the lock on that one, dear.

00:22:21It doesn't work.

00:22:23Is that all that you said?

00:22:24No, I said it might be the better she didn't shut the door because in the condition it was in, it sometimes got stuck.

00:22:32Mr. Harvesty, the witness said that Miss Van Damme was looking in the cubicles.

00:22:38Yes, that's so, my lord.

00:22:39Oh, and presumably the doors were open.

00:22:42Yes, except for the ones that were occupied.

00:22:47No, I'll tell a lie, sir, there was only one.

00:22:49Well, presumably, if the cubicles were vacant, then the doors normally would be shut.

00:22:57Well, I mean, in my experience, one has no opportunity to inspect the facilities until one is inside,

00:23:04by which time one, of course, has parted with a coin.

00:23:08Perhaps you could enlighten us, Mrs. Bullitt.

00:23:10Were these locks operated by the insertion of a penny?

00:23:14Well, they used to be, my lord, but that was before the decimals came in.

00:23:18There was a lot of talk about conversion, but they never got round to it.

00:23:23You see, the whole place is due for demolition, and I can't say I'm surprised.

00:23:28What is the arrangement now?

00:23:30Well, they can still be bolted from the inside, of course,

00:23:34but you see, the penny in the slot's been put out of action.

00:23:38Or at least it's meant to be, but you see, sometimes it goes wrong, particularly the second on the left.

00:23:45That's why I warn the lady.

00:23:47Yes, nevertheless, she went into the cubicle.

00:23:51Yes, but she'd left the doors slightly open, like I told her to.

00:23:55When you gave this warning to Miss Van Damme, was Miss Burns with an earshot?

00:24:00Well, she was at the base, and it's only a few feet away.

00:24:04I'm sure she heard.

00:24:06I handed her the soap, and she...

00:24:08How many feet away is she?

00:24:10Well, I should think about four or five.

00:24:12Yes, yes, I see. Carry on.

00:24:13Well, I gave her the soap, and she said, where's the bloody towel?

00:24:17So I had to go back into my cubicle, and while I was there, I heard the most terrific bang.

00:24:22By what was that cause?

00:24:25Door.

00:24:26The door with this defective lock?

00:24:28Yes, that's right.

00:24:29Where was Miss Burns standing when you went for the towel?

00:24:35Well, she was at the base.

00:24:37And when you came out from your cubbyhole?

00:24:39Well, when I came back, she was in the middle, near the cubicle.

00:24:43She sort of snatched the towel out of my hands, wiped the hands, and went there.

00:24:48Not so much as a word of thanks, let alone a tip.

00:24:51How soon after you heard the bang of the door did you come out from your cubbyhole?

00:24:56Straight away.

00:24:57I just went for the towel.

00:24:58Split second?

00:24:59Yes, that's right.

00:25:01What happened after that?

00:25:03Well, the train...

00:25:04What about Miss Van Damme?

00:25:06I didn't realise she was locked in at first.

00:25:11I heard the cistern flushing.

00:25:13I must say, I thought she'd better get a move on if she wanted to catch that London train.

00:25:18Of course, she started trying to get it, and she couldn't.

00:25:20How did you know that she couldn't?

00:25:21She let out a really dreadful scream and started using bad language through the door.

00:25:27Did you attempt to release her?

00:25:29Yes, I turned the handle, but that just seemed to make it worse.

00:25:34The lock was definitely stuck.

00:25:37Oh, we had the same trouble once before, when some foreigner put in a coin and it all had to be unscrewed.

00:25:43Really?

00:25:44Now, how long did all this take, your attempts to release Miss Van Damme?

00:25:48Oh, several minutes, she kept on yelling and banging against the door.

00:25:53I said, it's no good, dear, I'll have to go and get the maintenance.

00:25:56To whom were you referring?

00:25:57Mr. Watson, he's in charge of that.

00:26:01Don't want to cast aspersions, but he did take his time.

00:26:04Of course, by the time he'd unscrewed the lock and let Lady out, they're trying to go.

00:26:08Yes, thank you, Mrs. Bullitt.

00:26:10Oh, thank you, sir.

00:26:14Mrs. Bullitt, do your qualifications for the post of lavatory attendant include any expert knowledge as a locksmith?

00:26:22Beg, Pa.

00:26:23You're not a mechanic, are you?

00:26:25Oh, no, I'll leave all that sad to Mr. Watson.

00:26:29Then how do you know that the lock did jam?

00:26:32Well, it stands to reason. The door wouldn't open. What else could have stopped it?

00:26:36Well, you said yourself it was a bolt on the interior.

00:26:40The lady would hardly have locked herself in, would she?

00:26:42Oh, she'd have heard her yelling blue murder.

00:26:45Yes. The lady is famous for her dramatic powers.

00:26:48I definitely heard that bang. Someone slammed the door.

00:26:53It could have been a push from the inside.

00:26:55It could have been, but I don't think it was. In fact, I'm absolutely certain it was her.

00:27:00Did you actually see Miss Burns pulling the door shut?

00:27:03No.

00:27:05Then what possible right of you to come here and make accusations against a perfectly innocent and indeed distinguished woman?

00:27:12Well, in my job, you have to keep your eyes open all the time.

00:27:16You'd be surprised at some of the things they get up to.

00:27:19And if I've done anything wrong, I can always tell I can.

00:27:23Particularly, I suppose, if they don't leave you a tip.

00:27:29Have you any more questions for the witness, Mr. Harvesty?

00:27:32No. No further questions, my lord.

00:27:35Thank you, Mrs. Bullitt. You may leave the witness box.

00:27:37I call Sir Gerald Pegler.

00:27:54And the two ladies in this action are, of course, known to you.

00:27:57Extremely well. And I should like to make it clear that though I have been called as a witness for Miss Van Damme, I look on myself as being quite independent.

00:28:05My regard for Miss Burns is in no way diminished.

00:28:07I'm sure everyone appreciates your position, Sir Gerald.

00:28:11You've worked with both ladies in the past and no doubt you hope to do so in the future.

00:28:15Quite so.

00:28:15You cannot, of course, help us with regard to the events at Fulchester.

00:28:20No.

00:28:22Were you responsible for organising this gala performance on the 20th of October?

00:28:26Yes, I was asked to do so by the Foreign Office.

00:28:28The French president was coming to London on a private visit at rather short notice,

00:28:32and someone had decided that this would be an appropriate entertainment for him.

00:28:35Was the choice of the opera left to you?

00:28:37There was really very little choice.

00:28:39Plainly, it had to be by a French composer,

00:28:41and our production of Carmen was the only French opera in the repertory.

00:28:44And had Miss Van Damme and Miss Burns both appeared in this particular production?

00:28:48Yes, they had, during the previous season.

00:28:49With equal success?

00:28:51I think it would be very rash of me to express a preference.

00:28:56And how could one anyway?

00:28:57They are both so completely different.

00:28:59It would be like choosing between Dickens and Dostoyevsky,

00:29:03Emeralds and Sapphires,

00:29:05Camembert and Stilton,

00:29:06both excellent but not to be compared with one another.

00:29:09But all the same, since you could only choose one of them...

00:29:12I didn't know really where Miss Burns was.

00:29:16I knew Miss Van Damme was at the Metapolitans,

00:29:18so I telephoned her there.

00:29:19What did you say?

00:29:21I asked her if she would come to London and do a quick Carmen

00:29:24for a rather undemanding audience.

00:29:26I suppose that was rather wicked of me,

00:29:28but the diplomatic corps isn't really very musical,

00:29:31and I wanted to make it sound as easy as I could.

00:29:34And did Miss Van Damme agree to come?

00:29:36After a little further persuasion, yes.

00:29:38It wasn't extremely convenient for her,

00:29:40as she was due to sing the previous night at Frankfurt.

00:29:43Was a fee mentioned at this stage?

00:29:45Her usual fee of $12,000

00:29:46and travelling expenses for herself and her secretary, Mr. Hollands.

00:29:49Were any conditions attached to the agreement?

00:29:53Only that she should get to London in time for the walkthrough.

00:29:55Did this walkthrough proceed as planned?

00:29:59No, it certainly did not.

00:30:01It was scheduled for three o'clock,

00:30:03and half an hour later there was still no sign of Miss Van Damme.

00:30:06Did you receive any explanation of her non-appearance?

00:30:08None at all.

00:30:08In particular, did you receive a telephone call from Mr. Hollands?

00:30:12No.

00:30:13Did you leave the Opera House at all that day?

00:30:15Did you go for lunch, for example?

00:30:16No, it was a day of crisis.

00:30:18I had some sandwiches sent in.

00:30:19What steps were taken to find out what had happened to Miss Van Damme?

00:30:23Someone had heard about the fog on the midday news,

00:30:25aeroplanes being diverted and so on.

00:30:27I had no idea which flight Miss Van Damme was on,

00:30:30so I telephoned a colleague in Frankfurt to see whether he knew.

00:30:32A colleague at the Opera House there?

00:30:34Yes, he said that weather conditions there were perfectly clear,

00:30:36and presumably she was on the morning flight.

00:30:38What further steps did you take, Sir Gerald?

00:30:40We found out that the plane had been diverted to Fulchester.

00:30:44I was extremely worried.

00:30:45It looked as if Miss Van Damme was not going to make the walkthrough.

00:30:48So, what did you decide?

00:30:50That we should start without her.

00:30:52But at this stage, did you still believe

00:30:55that she would arrive in time for the performance?

00:30:58Oh, yes, of course.

00:30:59Did you consider that Miss Van Damme was in breach of contract

00:31:01by failing to appear for the walkthrough?

00:31:04Certainly not.

00:31:05Obviously, it was through no fault of her own.

00:31:07No.

00:31:07What happened then?

00:31:09I had a telephone call from Estella Burns.

00:31:13She told me that she'd been on the plane from Frankfurt with Miss Van Damme,

00:31:17who was having some trouble with her immigration documents.

00:31:20She'd been delayed and might not reach London for several hours.

00:31:23Did she say where she'd last seen, Miss Van Damme?

00:31:28I don't think so, but it was only a very brief telephone call.

00:31:31She came to the point, which was very characteristic of her,

00:31:33and said she was jumping straight into her cab and coming to help me out.

00:31:36I presume she was speaking from her London flat.

00:31:38It was only a few minutes later that she arrived at the Opera House

00:31:40and went straight on stage to take over the leading role in the walkthrough.

00:31:43Do you have any further news of Miss Van Damme?

00:31:45We heard she'd been allowed to leave the airport,

00:31:47even though she couldn't find her passport,

00:31:48but I didn't know precisely where she was.

00:31:51Did not Miss Burns enlighten you?

00:31:53I think we both thought that Gerald would turn up somehow.

00:31:57But, of course, by the end of the walkthrough...

00:31:59Ah, now excuse me, Sir Gerald.

00:32:01What time was that?

00:32:02I suppose about 6.30.

00:32:04By that time, the situation was beginning to look very serious.

00:32:07There was a possibility that the performance would have to be cancelled,

00:32:10and I couldn't imagine what the Foreign Office would have had to say to that.

00:32:12So what did you decide?

00:32:14Well, to find a substitute,

00:32:15and, of course, one was already available in the shape of Madame Burns.

00:32:18She knew the role already,

00:32:19and we had our costumes from last season in the wardrobe.

00:32:22So that was the obvious solution.

00:32:23The only one, in fact.

00:32:24Who actually proposed it?

00:32:27She did.

00:32:28She said,

00:32:29Jerry, you know I'm as strong as an ox,

00:32:30and I can do Carmen standing on my head.

00:32:32I must say I was extremely grateful.

00:32:34Was there any mention of a fee?

00:32:36She said she would do it for whatever I was paying Miss Van Damme.

00:32:38When did you see Miss Van Damme?

00:32:42About half an hour later,

00:32:43she arrived at the Opera House in a tremendous temper,

00:32:46and I must say was very tiresome.

00:32:48I told her it was far too late to alter things,

00:32:50but she was in a very excited state,

00:32:52and started to accuse me of all kinds of plots.

00:32:55How did you take these accusations?

00:32:56I'm afraid I was rather rude to her.

00:33:00I said she had a persecution mania,

00:33:02and mustn't go around saying that Othella and I had arranged the fog.

00:33:06Because, you see,

00:33:07if she'd arrived at London Airport,

00:33:09none of this would have happened.

00:33:10Unless, of course,

00:33:12someone had been sufficiently determined to prevent her.

00:33:17Very, you know I can't go into that.

00:33:19I agreed to come here to give evidence of certain facts,

00:33:22but you must realize that both these ladies are my friends,

00:33:24and I hope that they will both remain so.

00:33:28Thank you, Sir Gerald.

00:33:33Sir Gerald, I think I'm right in saying

00:33:38that before you took up your present post,

00:33:40you were a member of the Diplomatic Service.

00:33:41Yes, my lord.

00:33:42You must have proved a most useful training ground.

00:33:44Now, can you tell us what sort of terms you're on at present with Miss Van Damme?

00:33:47Excellent terms, my lord.

00:33:50I'm very fond of the opera myself.

00:33:52Sir, but it occurs to me that since this incident,

00:33:56we haven't had the pleasure

00:33:57of hearing Miss Van Damme sing at the London Opera House.

00:34:01Quite true, my lord.

00:34:03No suitable roles have been available.

00:34:10Yes.

00:34:11Sir Gerald, you said that Miss Van Damme was in a tremendous temper,

00:34:22very tiresome.

00:34:24Do you consider that she was in a fit state

00:34:26to sing the demanding role of Carmen?

00:34:29I think she had a somewhat trying day.

00:34:33Yes, what interests me is whether she'd have been

00:34:35capable of carrying out her contract

00:34:37even if she'd arrived earlier.

00:34:38That's purely a hypothetical question, isn't it?

00:34:42Oh, no doubt it is, Sir Gerald,

00:34:43but I think, nevertheless,

00:34:45the jury would like to hear your expert opinion.

00:34:50Cheryl Van Damme is a superb artist

00:34:52who can delight her audience by her dramatic skill

00:34:55even when her voice is not at its most brilliant.

00:34:59As it might not be

00:35:00after what you describe as an extremely trying day.

00:35:03One would have had to take all the factors into consideration.

00:35:07As I said, it was not a particularly musical audience,

00:35:09and it was Miss Van Damme they were expecting to see.

00:35:12Last-minute changes of cast always cause disappointment.

00:35:15However excellent the substitute.

00:35:17Did Miss Van Damme explain

00:35:19that she'd been locked in the ladies' toilet?

00:35:22No, but if she had,

00:35:24I doubt if I'd have gone out through the curtains

00:35:26and told the audience.

00:35:27Do you accept that she made every attempt

00:35:29to get to London as she claims?

00:35:30I see no reason to doubt her word.

00:35:33She told this court that after she'd hired a car

00:35:35to come to London, she was delayed by fog.

00:35:37But surely the fog was only at London Airport?

00:35:40Oh, no, I assure you it was everywhere,

00:35:41even in the auditorium of the Opera House.

00:35:43It was quite remarkable.

00:35:44Standing on the stage,

00:35:45one could scarcely see the gallery.

00:35:47And that might, too, have affected Miss Van Damme's voice,

00:35:50apparently already affected by fatigue

00:35:52and a great deal of shouting.

00:35:55Yes, I suppose that was an argument

00:35:56in favour of Miss Burns.

00:35:58I think it so shows the wisdom of my choice.

00:36:03How do you mean, exactly?

00:36:07Othello's constitution is remarkably robust.

00:36:09She jokes about it and says it's due

00:36:10to all those steaks and beer.

00:36:13There was no question of her damaging her voice.

00:36:15On the other hand, she'd be the first to admit

00:36:17that she isn't the greatest actress in the world.

00:36:20And there you see my difficulty

00:36:22in choosing between them.

00:36:24Van Damme always shows great artistry

00:36:26in her interpretations,

00:36:28while Burns makes a simply glorious noise.

00:36:32Hmm.

00:36:34Now, you spoke earlier of telephoning

00:36:36a colleague at the Frankfurt Opera House.

00:36:40Yes, Herr Brumeister.

00:36:42He mentioned the reception that Miss Van Damme

00:36:45had received there the previous evening?

00:36:47I think he did say something, yes.

00:36:50So here were you, Sir Gerald,

00:36:52already worried about the non-arrival of your star,

00:36:56and then this, uh, Herr Brumeister,

00:36:58who apparently told you he'd seen her

00:37:00whistled off the stage the previous evening.

00:37:03Miss Van Damme has a somewhat unhappy relationship

00:37:05with Frankfurt.

00:37:06Well, no doubt you were worried

00:37:08when you heard about these troubles.

00:37:10Why?

00:37:12Well, knowing Miss Van Damme,

00:37:13didn't you think these might affect her performance

00:37:16at your gala?

00:37:17I was more concerned with wondering where she was.

00:37:21Yes, but you yourself accused her

00:37:22of having a persecution mania.

00:37:25Who did she claim she was being persecuted by?

00:37:27The audience in Frankfurt?

00:37:28No.

00:37:30She seemed to think it was all my fault.

00:37:33Did she, uh, make any accusations against Miss Burns?

00:37:36She spoke very bitterly about the way

00:37:38in which Othello had stepped into her place.

00:37:40Did she complain that Miss Burns

00:37:42had stolen her passport on the aeroplane

00:37:45and subsequently locked her

00:37:46into a public convenience?

00:37:48Not at that time, no.

00:37:50No.

00:37:51Of course she might not have mentioned it

00:37:53because it hadn't yet occurred to her.

00:37:56Frankly, I simply wanted at that moment

00:37:59to be rid of her.

00:38:00There was royalty arriving at any moment

00:38:01and I had Miss Burns to consider.

00:38:03I didn't want her upset just before a performance.

00:38:05Just now you were telling us, Sir Gerald,

00:38:07how dependable Miss Burns was.

00:38:08Stronger than ox, you say?

00:38:10I was quoting her.

00:38:11Yes, yes, yes.

00:38:12But you regarded her as being remarkably robust.

00:38:14I merely wish to avoid a confrontation.

00:38:16She is very tough, you know, very determined.

00:38:18But do you really think that she is capable

00:38:20of the acts alleged against her,

00:38:22that of going to these extreme lengths

00:38:24to prevent her rival from appearing on the stage?

00:38:28Frankly, I think both these ladies

00:38:31are capable of anything.

00:38:32I love them both dearly

00:38:33and I respect their talents without reservation,

00:38:35but they can be extremely disagreeable at times.

00:38:39The only difference between them is

00:38:41that Othello treats her career

00:38:44rather like some kind of sport

00:38:45and though any setback causes her

00:38:47to be extremely bad tempered,

00:38:48she soon gets over it

00:38:49like a cricketer who's Mr. Catch.

00:38:52None of you are.

00:38:53Miss Van Damme?

00:38:56How does she look on her career?

00:39:00I wish I knew.

00:39:02Certainly not as a sport.

00:39:05More like a religion, really.

00:39:08Built around herself.

00:39:12Well, do you have any questions?

00:39:14More questions for the witness?

00:39:14Yes, yes, my lord.

00:39:16Sir Gerald, you said that

00:39:17you thought either of these ladies

00:39:19to be capable of anything.

00:39:20May I follow the example of his lordship

00:39:23and ask you whether you think

00:39:24my client is capable of doing

00:39:27what is alleged against her?

00:39:29I'm not sure what you mean.

00:39:31My learned friend is suggesting

00:39:33that she missed the performance deliberately.

00:39:36Is that possible?

00:39:39I don't think so.

00:39:41Miss Van Damme is a great artist,

00:39:43but she's also extremely interested in money.

00:39:50Is your name Frank Lionel Hollins?

00:40:02Yes.

00:40:03Do you live at 20 Cranmore Court, London, West 1?

00:40:06I do.

00:40:07What is your occupation?

00:40:08I'm personal secretary to Miss Othello Burns.

00:40:11How long have you been in her employment?

00:40:13Since last October.

00:40:15Before that, I worked in the same capacity

00:40:17for Miss Cheryl Van Damme.

00:40:18Will you give us some idea

00:40:20of what your duties are?

00:40:22Arranging appointments,

00:40:24answering correspondence,

00:40:25booking travel facilities,

00:40:27hotel suites, that kind of thing.

00:40:28In October of last year,

00:40:30did you accompany Miss Van Damme

00:40:31on a visit to Frankfurt?

00:40:33Yes, I did.

00:40:34What would you say was her disposition?

00:40:37I mean, was she relaxed and at ease?

00:40:40No, she was very tense.

00:40:41She didn't like Frankfurt.

00:40:43She had the impression

00:40:44the audiences there were always against her.

00:40:46Was there any particular reason for that

00:40:48that you knew of?

00:40:49Yes, the previous season

00:40:51there'd been a row over a tenor

00:40:52she was rather keen on.

00:40:54She'd insisted on the opera house

00:40:55employing him,

00:40:56although he really wasn't very good.

00:40:58By the end of the performance,

00:40:59he was greeted with a lot of whistles.

00:41:02Cheryl went to the footlights

00:41:03and called the audience

00:41:04a load of tone-deaf pigs.

00:41:06Didn't go down too well,

00:41:07as you can imagine.

00:41:09Nevertheless,

00:41:09she accepted another engagement there.

00:41:11Oh, yes.

00:41:12Cheryl would never refuse an offer

00:41:13if the money was right.

00:41:15But she was rather scared.

00:41:17Were you at that...

00:41:18Were you present at that performance,

00:41:19Mr. Hollins?

00:41:20Yes, I was.

00:41:21Now, you've said just now

00:41:22that she was scared.

00:41:23Did this affect her voice at all?

00:41:25No, not in the first three acts.

00:41:27The audience was treating her

00:41:28quite politely,

00:41:29although there was a great deal

00:41:31more applause

00:41:31for the girl singing Aida,

00:41:33a relatively unknown girl.

00:41:35By the end of the Nile scene,

00:41:36Cheryl went forward

00:41:37and was practically dead silence.

00:41:40I went round to her dressing room

00:41:42in the interval

00:41:42and found her screaming

00:41:43at her dresser.

00:41:44Why?

00:41:45No one else to scream at,

00:41:46I suppose,

00:41:47till I got there.

00:41:48What happened after that?

00:41:50In Act 4,

00:41:51she was distinctly flat

00:41:52and, of course,

00:41:53Aida got better and better,

00:41:54encouraged by the applause

00:41:55she was getting.

00:41:57By the end,

00:41:57they took separate curtain calls

00:41:59and Cheryl received

00:42:00a lot of whistles

00:42:01and foot stamping.

00:42:03I was really quite sorry for her.

00:42:05After the performance,

00:42:07did you have any conversation

00:42:08with her?

00:42:09Yes,

00:42:09we went straight back

00:42:10to the hotel.

00:42:11I asked her if she wanted

00:42:11anything to eat.

00:42:12She said no.

00:42:13She was going off to bed

00:42:14with a sleeping pill,

00:42:15wishing to God

00:42:16she didn't have to go

00:42:17to London the next day.

00:42:18On the following morning,

00:42:20how did she seem then?

00:42:22She was very irritable,

00:42:24ready to find fault.

00:42:25By the time we got on the aircraft,

00:42:26she wanted a drink,

00:42:27took a long time to come,

00:42:28so she started snapping

00:42:29at the steward.

00:42:31Then Miss Burns turned up,

00:42:33which didn't make things better

00:42:34by telling a few home truths

00:42:36about the previous night's performance.

00:42:37Now,

00:42:39did Miss Van Damme

00:42:40usually drink

00:42:41when she had a performance

00:42:41in the evening?

00:42:43No,

00:42:43I hardly ever saw her

00:42:44touch anything,

00:42:45except perhaps a glass of port

00:42:46before she went on stage.

00:42:48You say a glass of port?

00:42:49Yes,

00:42:50my lord,

00:42:50a lot of singers do that.

00:42:51They gargle with it,

00:42:52then they spit it out.

00:42:55Beer?

00:42:55Now,

00:42:57come to the matter

00:42:58of Miss Van Damme's passport.

00:43:00When was the last occasion

00:43:02on which you saw it?

00:43:04At the barrier in Frankfurt.

00:43:05I handed mine and hers

00:43:07to the official,

00:43:08and then,

00:43:08in the departure lounge,

00:43:10I gave Cheryl hers back.

00:43:11She put it in her handbag.

00:43:13Why was that?

00:43:14Because I knew at London

00:43:14we'd have to go through

00:43:15separate barriers.

00:43:17Yes,

00:43:17in fact,

00:43:17as we have heard,

00:43:18the plane was diverted

00:43:19to Fulchester,

00:43:20where Miss Van Damme's passport

00:43:22could not be found.

00:43:23Mr. Hollins,

00:43:25did you take her passport?

00:43:27Certainly not.

00:43:28Did you see anyone else take it?

00:43:30No.

00:43:31If Miss Van Damme

00:43:33had wanted to take it out

00:43:35without you noticing it,

00:43:36would she have been able to do so?

00:43:38Yes,

00:43:38certainly.

00:43:39I didn't watch her like a hawk

00:43:40all the time.

00:43:42Now,

00:43:42Mr. Hollins,

00:43:43we come to the next incident

00:43:44on this singularly ill-fated journey

00:43:46when Miss Van Damme

00:43:48entered the lady's toilet.

00:43:49Oh,

00:43:49really,

00:43:50Mr. O'Connor,

00:43:51you're not going to suggest

00:43:52the witness was physically present,

00:43:54are you?

00:43:55No,

00:43:56my lord.

00:43:56I was going to ask the witness

00:43:58whether he'd see Miss Van Damme

00:44:00on her way to the toilet.

00:44:02Oh,

00:44:02do let's get on.

00:44:04Mr. Hollins?

00:44:05I was on the platform

00:44:06waiting for the train.

00:44:08Cheryl came storming

00:44:09through the ticket barrier,

00:44:10ran straight past me

00:44:11without saying a word.

00:44:13What sort of a state

00:44:14was she in?

00:44:15I thought she looked

00:44:16absolutely demented.

00:44:18I had this extraordinary feeling

00:44:19she was looking for somewhere

00:44:20to hide.

00:44:21Perhaps she was,

00:44:22Mr. Hollins.

00:44:26Are you suggesting,

00:44:28Mr. Hollins,

00:44:29that this

00:44:30internationally renowned

00:44:32operatic star

00:44:33was seeking some form

00:44:34of sanctuary

00:44:35in a public laboratory?

00:44:37Well,

00:44:37of course,

00:44:37I can't be certain,

00:44:38but it did look...

00:44:38What do you think

00:44:39she was running away from?

00:44:41From the responsibility

00:44:42of singing in that night's gala

00:44:44when she knew her voice

00:44:45was in pretty awful shape.

00:44:46Well,

00:44:47if you thought

00:44:47that she was in such

00:44:48a distressed condition,

00:44:49why didn't you do

00:44:50something about it?

00:44:51You were still,

00:44:52presumably at this moment,

00:44:53in her employment?

00:44:54I didn't think I was.

00:44:55Oh,

00:44:56had you been formally discharged then?

00:44:58She had just stood up

00:44:59in an airport

00:44:59crowded with people

00:45:01and called me

00:45:01a dumb bastard

00:45:03and told me to get lost.

00:45:04I took that to mean

00:45:05she didn't want me anymore.

00:45:06But fortunately,

00:45:07Miss Burns

00:45:08was at hand

00:45:09to take you on.

00:45:11Or had that been

00:45:11arranged before?

00:45:12It certainly had not.

00:45:14Had you and Miss Burns

00:45:15not already decided

00:45:16to prevent Miss Van Damme

00:45:18from appearing

00:45:19in that performance?

00:45:20That's perfectly ridiculous.

00:45:22Well,

00:45:22it's rather a coincidence,

00:45:23isn't it,

00:45:24that you should have

00:45:24transferred your allegiance

00:45:26from the plaintiff

00:45:27to the defendant

00:45:28at the precise moment

00:45:29all these events occurred?

00:45:31Miss Burns

00:45:32not only took

00:45:32Miss Van Damme's place

00:45:33in the opera,

00:45:34she took her secretary

00:45:35as well.

00:45:36We didn't cook it up together,

00:45:37if that's what you mean.

00:45:40When Miss Van Damme

00:45:42was detained

00:45:42at the airport,

00:45:44did she ask you

00:45:45to make a telephone call

00:45:46on her behalf?

00:45:47Yes, she did.

00:45:48She asked me to phone

00:45:48Sir Gerald Pegler.

00:45:49Yes.

00:45:50And why didn't you do so?

00:45:52There was a long queue waiting.

00:45:53By the time it was my turn,

00:45:55all I got

00:45:56was a recorded voice

00:45:57saying all the lines

00:45:58to London were engaged.

00:45:59Couldn't you have tried again

00:46:00later?

00:46:01From the station,

00:46:02for instance?

00:46:03Yes,

00:46:03I suppose I could have done.

00:46:05Yes.

00:46:05But by then

00:46:06Van Damme had publicly

00:46:07insulted me.

00:46:08I wasn't in the mood

00:46:08for doing her any favours,

00:46:10I can tell you.

00:46:12I see.

00:46:14Do you wish to re-examine

00:46:15Mr. of Honor?

00:46:17No, my lord.

00:46:19Thank you, Mr. Harland.

00:46:20Who's your next witness?

00:46:22The defendant, my lord,

00:46:23Miss Othello Burns.

00:46:24Very well, call the defendant.

00:46:26I'd like to go into

00:46:27the witness box now,

00:46:28please, Mr. Burns.

00:46:28What is your religion?

00:46:42Presbyterian.

00:46:43Take the Bible in your right

00:46:44hand and read aloud

00:46:45the words on this card.

00:46:47I swear by almighty God

00:46:48that the evidence I shall give

00:46:49shall be the truth,

00:46:50the whole truth,

00:46:51and nothing but the truth.

00:46:52Is your name

00:46:56Othello Maud Macmillan Burns?

00:46:58It is.

00:46:59And do you live

00:47:00at Cranmore Court,

00:47:01London, West One?

00:47:03That's my UK base, yes,

00:47:05but I don't spend

00:47:05as much time in it

00:47:06as I would like.

00:47:07What is your occupation,

00:47:09please, Miss Burns?

00:47:11I think I may say

00:47:12I am one of the world's

00:47:13leading operatic sopranos.

00:47:15Where were you, Miss Burns,

00:47:18on the evening of

00:47:19the 19th of October

00:47:20of last year?

00:47:22Was that the Saturday?

00:47:23Yes.

00:47:24Then I was in

00:47:24Frankfurt, Germany.

00:47:25I'd been doing

00:47:26some recording there

00:47:27and I decided to stay

00:47:28over a couple of days

00:47:29and hear Miss Van Damme

00:47:30and Aida.

00:47:31Did you regard Miss Van Damme

00:47:32as a friend of yours?

00:47:33We'd been colleagues

00:47:35for many years.

00:47:37What happened

00:47:37to this performance?

00:47:39Well, I didn't think

00:47:40she was quite as bad

00:47:41as the critics said.

00:47:43We all have our off nights.

00:47:45I thought I might

00:47:46go backstage

00:47:46and comfort her

00:47:47but what could I say?

00:47:49I always believe

00:47:50in being frank.

00:47:51Why should Miss Van Damme

00:47:52need comforting?

00:47:53Poor thing,

00:47:54she'd been whistled at.

00:47:56I see.

00:47:57And when did you next meet?

00:47:59Next morning

00:48:00on what was supposed

00:48:01to be the London plane.

00:48:02Well, I thought

00:48:03I ought to say something to her.

00:48:04I didn't want her to think

00:48:05that everybody was against her

00:48:06so I said,

00:48:07hello there, Cheryl.

00:48:09What did she say?

00:48:10She invited me

00:48:11to sit beside her.

00:48:12Now, are you quite sure

00:48:13of that?

00:48:14Positive.

00:48:15She was with Mr. Hollands.

00:48:17They were trying

00:48:17to get a drink.

00:48:18She asked me

00:48:19what I'd like

00:48:19then she took a mink coat

00:48:20from the seat beside her

00:48:22to let me sit there.

00:48:24Did you say anything

00:48:25about having seen

00:48:26her performance

00:48:26the previous night?

00:48:28I said I'd seen it

00:48:30but I certainly

00:48:31didn't pass any remark

00:48:32about the fact

00:48:33that she sang flat.

00:48:35I have too much respect

00:48:36for the sensitivity

00:48:37of my fellow artists,

00:48:38particularly Miss Van Damme.

00:48:40What do you mean by that?

00:48:41It's well known

00:48:43that the least little thing

00:48:44will put her off

00:48:45like being whistled at

00:48:47for instance.

00:48:48Me?

00:48:49I'd take it in my stride.

00:48:51Not that I have

00:48:52any personal experience.

00:48:55Did Miss Van Damme say

00:48:56why she was flying

00:48:57to London?

00:48:58Yes, she told me

00:48:59about the gala

00:49:00and I thought

00:49:00your poor thing

00:49:01having to sing

00:49:01just 24 hours

00:49:02after that big flop

00:49:03in Frankfurt

00:49:04and then to put

00:49:05the lid on it

00:49:05there was this announcement

00:49:06about the plane

00:49:07not being able to land

00:49:08in London

00:49:08on account of the fog.

00:49:09Yes, how did Miss Van Damme

00:49:10take this news?

00:49:11Ah, well she became

00:49:12practically hysterical.

00:49:14She got up

00:49:14and went off

00:49:15to find the captain

00:49:16as if he could do anything.

00:49:17Frank went after her

00:49:18trying to cool her down.

00:49:20Now, at that point

00:49:22do you remember

00:49:23where Miss Van Damme's

00:49:24handbag was?

00:49:27No, I haven't

00:49:27the faintest idea.

00:49:29It was probably

00:49:30on the floor.

00:49:30She had a whole lot

00:49:31of stuff.

00:49:32Jewel cases,

00:49:33the mink coat.

00:49:34Now, I have no idea

00:49:35where the handbag was.

00:49:37Now, I must ask you

00:49:38this, Miss Burns.

00:49:39Did you at this point

00:49:40open Miss Van Damme's

00:49:42handbag

00:49:42and take anything

00:49:43from it?

00:49:44Her passport,

00:49:46for example.

00:49:47No, I certainly did not.

00:49:49I mean, her passport

00:49:49wasn't of the slightest

00:49:50interest to me.

00:49:52The only thing

00:49:53that did concern me

00:49:54was her state of mind.

00:49:55I thought, poor soul,

00:49:56having to sing calm

00:49:57and after yelling

00:49:57and screaming like that

00:49:58and ruining her voice.

00:50:00What happened

00:50:01when the plane

00:50:02landed at

00:50:02Fultchester Airport?

00:50:04Oh, Frank and I

00:50:05went through one barrier

00:50:06and Cheryl, being an American,

00:50:07went through the other.

00:50:09After I'd shown them

00:50:09my passport,

00:50:10I went off to see

00:50:11when the next train

00:50:12to London was.

00:50:13No one was too sure

00:50:14on account of the fog

00:50:15and then suddenly

00:50:15I heard a hell of a commotion

00:50:17and Cheryl shouting

00:50:18that she couldn't

00:50:19find her passport.

00:50:20Now, did she say

00:50:21anything about what

00:50:21might have happened

00:50:22to it?

00:50:24No, she was just

00:50:25going through all

00:50:25her cabin baggage

00:50:26trying to find the thing.

00:50:27I'd have helped her

00:50:28but they wouldn't

00:50:29let me back.

00:50:30Then she shouted to Frank

00:50:31that he should telephone

00:50:32the Opera House

00:50:33or the American Embassy

00:50:34or someone

00:50:34so he went off

00:50:35to find a phone

00:50:36and then came back

00:50:37to say he couldn't

00:50:37get through to London.

00:50:38Yes, what was

00:50:39Miss Van Damme's

00:50:40reaction to this?

00:50:41She called him

00:50:42a dumb bastard.

00:50:43She can be very cruel

00:50:44sometimes.

00:50:45Oh, Frank was

00:50:45definitely hurt.

00:50:47Was that all she said?

00:50:50No.

00:50:51She told him

00:50:51to get lost.

00:50:54What happened next,

00:50:55please?

00:50:56Well, I went

00:50:58and waited for my luggage

00:50:59but by the time

00:51:00it came up

00:51:01there was still

00:51:01no sign of Cheryl

00:51:02so Frank and I

00:51:03decided to take

00:51:04a taxi to the station.

00:51:06When we got there

00:51:07we were told

00:51:07the next train to London

00:51:08would be in about an hour

00:51:09so we had a cup of tea

00:51:11and sat around

00:51:11and then I went

00:51:12to the ladies' toilet

00:51:13which was in a terrible

00:51:14condition

00:51:15so I decided

00:51:16just to wash my hands

00:51:17and wait till the train

00:51:18came in.

00:51:19Yes, now when you say

00:51:20in a terrible condition

00:51:21Well, practically

00:51:22everything was out of order.

00:51:24I mean, you'd think

00:51:24at least there'd be

00:51:25clean towels

00:51:26but no, I had to send

00:51:27the attendant

00:51:27off to find one.

00:51:29Yes, now while she

00:51:30was doing that

00:51:30did someone else

00:51:31come in?

00:51:32Too right.

00:51:34The Pittsburgh

00:51:34Nightingale in person

00:51:36Miss Van Damme.

00:51:37Did she say

00:51:39anything to you?

00:51:40Oh, she was in such

00:51:41a rage

00:51:41she could hardly speak.

00:51:42Anyway, I had my back

00:51:43to her.

00:51:43I was doing my face.

00:51:45Then the attendant

00:51:46came back

00:51:47without the towel

00:51:48naturally

00:51:49and she told

00:51:50La Van Damme

00:51:51that the lock

00:51:52was out of order.

00:51:54What happened then?

00:51:56Well, I turned around

00:51:57just in time

00:51:58to see Cheryl

00:51:58going into one

00:51:59of the cubicles

00:52:00and slam the door

00:52:01and I thought

00:52:01the best of luck

00:52:02dear.

00:52:02Personally, I couldn't

00:52:03wait to get out

00:52:03of the place.

00:52:05So I joined Frank

00:52:06on the platform

00:52:06to wait for the train

00:52:07and then a fellow

00:52:08put up a placard

00:52:09to say the next train

00:52:10was for London

00:52:11so I said to him

00:52:13where will the

00:52:13first class carriages

00:52:14stop

00:52:15and we moved along

00:52:16a bit to where he said

00:52:17the train came in

00:52:18and we got on it.

00:52:20Now, was there

00:52:20any indication

00:52:21at that point

00:52:22of what had happened

00:52:23to Miss Van Damme?

00:52:25Hmm?

00:52:26I mean, did you realise

00:52:28that she perhaps

00:52:30had been detained?

00:52:31Locked in, you mean?

00:52:34Honestly, if I had

00:52:35thought that

00:52:35I'd have considered

00:52:36she'd brought it

00:52:37on herself.

00:52:37I mean, I heard

00:52:38the woman say

00:52:38it was out of order.

00:52:41What did you think

00:52:41had happened to her then?

00:52:42Well, there were

00:52:44a whole lot of people

00:52:45on the platform

00:52:46and she could have

00:52:46gone on to the end

00:52:47of the train

00:52:47and stayed there

00:52:48to avoid me and Frank.

00:52:49It wasn't until

00:52:49we got to London

00:52:50that we realised

00:52:51she wasn't on the train

00:52:52at all.

00:52:53What did you do then,

00:52:54Miss Burns?

00:52:55Oh, I thought,

00:52:56my God,

00:52:56someone had better

00:52:57let the opera house know

00:52:59so Frank and I

00:53:00went around to my flat

00:53:01in a taxi

00:53:02and we telephoned

00:53:03from there.

00:53:04By this time

00:53:05they were very worried.

00:53:06I mean, they had no idea

00:53:06where Cheryl was

00:53:07and they hadn't been able

00:53:08to begin the run-through.

00:53:11Well, I thought,

00:53:11I can help them out.

00:53:13I've done this

00:53:14particular production

00:53:15and I can stand in

00:53:16for her until she arrives.

00:53:19What happened

00:53:19after the walk-through?

00:53:22I got a big round

00:53:23of applause

00:53:24from the orchestra

00:53:24and the other members

00:53:25of the cast.

00:53:27I'm sorry,

00:53:28I mean,

00:53:28was there any discussion

00:53:29as to what should happen

00:53:30as regards to performance?

00:53:32Oh, there certainly was.

00:53:33The conductor said

00:53:34that even if Cheryl did

00:53:35Oh, my Lord,

00:53:35what the conductor said

00:53:36is hardly evidence.

00:53:38My understanding

00:53:39is that he's in Buenos Aires

00:53:40and can't...

00:53:40Yes, quite so,

00:53:41Mr. Harvesty.

00:53:42Here's Mr. O'Connor.

00:53:46Having taken part

00:53:48in the rehearsal,

00:53:49what did you do next?

00:53:51I went into a dressing room

00:53:52and did my exercises

00:53:53then I stand out

00:53:54for a big fried steak

00:53:55and a can of beer.

00:53:56So whom did you send out?

00:53:59Frank Holland.

00:54:00Had you by then

00:54:01engaged him

00:54:02as your secretary?

00:54:03No,

00:54:04he was just making himself useful.

00:54:07Oh, it was then

00:54:08Sir Gerald came in

00:54:09looking very worried

00:54:10because he still

00:54:10had no word

00:54:11from Cheryl

00:54:12so I said

00:54:12you'd better drink the beer

00:54:13and I'll go on

00:54:14and do Carmen for you.

00:54:16There was still

00:54:16an hour before

00:54:17the performance

00:54:17so I lay down

00:54:18and had a sleep.

00:54:20Was the performance

00:54:22a success?

00:54:23The audience

00:54:23seemed to enjoy it.

00:54:26And afterwards,

00:54:26did you have any visitors?

00:54:28No,

00:54:29I told the dormer

00:54:29not to let anybody in.

00:54:31I was changing.

00:54:32You see,

00:54:32there was a reception

00:54:32at the French Embassy.

00:54:34Yes,

00:54:34in particular,

00:54:35did Miss Van Damme

00:54:36make any attempt

00:54:37to see you?

00:54:39No,

00:54:39she didn't.

00:54:40Neither before

00:54:41nor after the performance.

00:54:43I think she could have

00:54:44sent a bunch of flowers.

00:54:45I mean,

00:54:46in my opinion,

00:54:46I'd done her a good turn

00:54:47but instead of a bunch of flowers

00:54:49all I've got

00:54:49is this damned writ.

00:54:51Now,

00:54:51one of the allegations

00:54:53against you

00:54:53is that of false imprisonment.

00:54:57You mean

00:54:57where I'm supposed

00:54:58to have locked her

00:54:59in the toilet?

00:55:00Do you think

00:55:01it could have been

00:55:01an accident?

00:55:03No,

00:55:04I don't.

00:55:05I think she knew

00:55:06she was in

00:55:07for a big flop

00:55:08and she was

00:55:08in a blue funk

00:55:09about it

00:55:09and she wanted

00:55:10an excuse

00:55:11to miss the train

00:55:12but being Cheryl

00:55:13she also wants

00:55:13the $12,000

00:55:15so she's trying

00:55:16to blame it on me.

00:55:18Thank you,

00:55:18Miss Burns.

00:55:22Miss Burns,

00:55:24in the operatic world

00:55:26you're sometimes

00:55:27known as

00:55:27La Miravillosa,

00:55:30the marvellous one.

00:55:31That's right

00:55:32but I am not

00:55:34known as

00:55:34the boxing kangaroo

00:55:35she made that one up.

00:55:38And Miss Van Damme

00:55:39has been called

00:55:40the Pittsburgh Nightingale.

00:55:41Now,

00:55:41no one disputes

00:55:42that you're both

00:55:43extremely talented.

00:55:45World-class champions

00:55:46in fact

00:55:47but as a result

00:55:48you've always been

00:55:49rivals,

00:55:50haven't you?

00:55:50You could say that.

00:55:51Yes,

00:55:52and on occasion

00:55:52this rivalry

00:55:54has erupted

00:55:54into what might

00:55:55almost be called

00:55:56open warfare.

00:55:57Oh, look,

00:55:58if there ever have been

00:55:59ructions,

00:55:59it was Cheryl

00:56:00who started them.

00:56:01I'm a very placid person

00:56:02who takes a lot

00:56:03to get me going

00:56:04but what she said

00:56:05to the press

00:56:06about the Sydney Opera House

00:56:07was unforgivable.

00:56:08Really?

00:56:08What did she say

00:56:09about the Sydney Opera House?

00:56:11She said it was only

00:56:12fit for cattle shows

00:56:13and she'd no doubt

00:56:14I'd be appearing there.

00:56:16I see.

00:56:17And what was your reply?

00:56:19She said she'd better

00:56:20not try and buy a ticket.

00:56:22They'd probably take her

00:56:22for a bloody abbo.

00:56:23And where did this

00:56:25exchange of civilities

00:56:27take place?

00:56:28In Paris.

00:56:30At the Congress

00:56:31for Cultural Cooperation.

00:56:34And you weren't

00:56:34exactly bosom friends.

00:56:37So why were you

00:56:38so keen

00:56:39to sit next to her

00:56:40on the plane?

00:56:40I wasn't all that keen.

00:56:42She invited me.

00:56:43And may I say

00:56:44I thought it very strange

00:56:46as you were stuck

00:56:47into a rum and coke

00:56:48considering it was

00:56:49practically breakfast time

00:56:50and she had a performance

00:56:51to do that evening.

00:56:52Did you have a drink?

00:56:54I had a lime juice.

00:56:56Was that because

00:56:57you'd already decided

00:56:57to take her place?

00:57:00Hmm?

00:57:00Look as far...

00:57:00Were you already

00:57:01so to speak

00:57:02in training?

00:57:04As far as I was concerned

00:57:05we were going

00:57:06straight to London.

00:57:08What I might have

00:57:09done to Cheryl

00:57:10supposing I'd wanted to

00:57:11wouldn't have stopped her

00:57:12from appearing

00:57:13at the Opera House.

00:57:14What are you trying to do?

00:57:15Blame the fog on me as well?

00:57:16No, no, no.

00:57:17But when the announcement

00:57:18was made

00:57:18that the plane was being

00:57:19diverted to Fulchester

00:57:21and Miss Van Dam

00:57:22went forward

00:57:23to the galley

00:57:23with Mr. Hollins

00:57:24following?

00:57:25You saw her handbag

00:57:27with the passport in it

00:57:29and seized your opportunity,

00:57:30didn't you?

00:57:31How on earth

00:57:32would I know

00:57:32where her passport was?

00:57:33She was carrying

00:57:34a whole lot of junk.

00:57:35I mean,

00:57:35it could have been anywhere.

00:57:36But it disappeared

00:57:37and you were the only person

00:57:40with both motive

00:57:40and opportunity

00:57:41for taking it.

00:57:42Apart from her,

00:57:44as I've already said,

00:57:45she wanted an opportunity

00:57:46to miss the gala

00:57:47and this was the way

00:57:48she reckoned

00:57:48she could manage it.

00:57:49Well, whoever devised

00:57:50the scheme,

00:57:51it didn't work.

00:57:52Miss Van Dam

00:57:53was eventually allowed

00:57:54to leave the airport,

00:57:55passport or no passport.

00:57:58And I suggest

00:57:58that when you saw her

00:57:59arrive at Fulchester Station,

00:58:01you decided

00:58:02on a more energetic

00:58:03course of action.

00:58:05Now, listen,

00:58:06my friend.

00:58:07I have been

00:58:08an international star

00:58:09for 15 years

00:58:10and I don't have to resort

00:58:12to locking other

00:58:12prima donnas

00:58:13in the toilet.

00:58:15Furthermore,

00:58:15Van Dam's voice

00:58:16is quite loud enough

00:58:17for everyone

00:58:18to have heard

00:58:19she was in trouble.

00:58:20She could have screamed

00:58:20so loud

00:58:21that the engine driver

00:58:21would have wondered

00:58:22what the hell was going on.

00:58:24When the train came in,

00:58:25you and Mr. Hollins

00:58:26got onto it

00:58:27without giving

00:58:27a single thought

00:58:28to what had happened

00:58:29to Miss Van Dam.

00:58:30Well, why should we?

00:58:31We were only interested

00:58:31in getting to London.

00:58:32Yes, precisely,

00:58:33so that you could

00:58:34take her place.

00:58:36Look, she could have been

00:58:37on the back of the train

00:58:38in the guards van.

00:58:39We didn't know

00:58:39she wasn't on it

00:58:40until we got to London.

00:58:42And then

00:58:43you immediately

00:58:44telephoned the opera house

00:58:45and offered yourself

00:58:46as a substitute.

00:58:48For the walkthrough, yes.

00:58:49But you already

00:58:50had it in mind

00:58:51to do the performance

00:58:52as well, hadn't you?

00:58:53For all I knew,

00:58:54Cheryl could have taken

00:58:55another 20 trains.

00:58:56She could have hired

00:58:56a car,

00:58:57chartered an aeroplane.

00:58:58London Airport

00:58:59was still closed by fog.

00:59:01Look, if Cheryl

00:59:01had really wanted

00:59:02to do that performance

00:59:03in London,

00:59:03she'd have flown in

00:59:04on a broomstick.

00:59:05You don't know

00:59:06what that woman

00:59:06would do for $12,000

00:59:07if she thought

00:59:09she could deliver

00:59:09the goods

00:59:10but she knew

00:59:10she couldn't.

00:59:12She'd had a lousy night

00:59:13in Frankfurt.

00:59:14She'd been practically

00:59:14hysterical all morning

00:59:16and she'd had

00:59:16one rum and coke

00:59:17too many.

00:59:19Why didn't you tell

00:59:20Sir Gerald

00:59:20that you'd last seen

00:59:22Miss Van Dam

00:59:23in a public convenience

00:59:24in Fulchester?

00:59:26There are some things

00:59:27a lady doesn't discuss.

00:59:29You prefer to let him

00:59:30think that she was

00:59:31still delayed

00:59:31at the airport.

00:59:33I didn't deliberately

00:59:34lie about it

00:59:35and whilst we're

00:59:36on the subject,

00:59:37I wouldn't believe

00:59:38a word that woman says.

00:59:39Not only has she

00:59:40brought me into court

00:59:41and lied about me

00:59:42but according to the press

00:59:43she apparently

00:59:43thinks she's 32.

00:59:45Now it may seem

00:59:46a small thing

00:59:47but I've always believed

00:59:48that anyone who lies

00:59:49about a small thing

00:59:49will lie about a big one too.

00:59:51Now how did you discover

00:59:52that Miss Van Dam

00:59:53isn't 32?

00:59:55By looking in her passport?

00:59:57I've never seen her passport

00:59:58in all my life.

01:00:01Have you any more questions

01:00:03for your client,

01:00:04Mr O'Connor?

01:00:04Yes, my lord,

01:00:05just one.

01:00:08Miss Burns,

01:00:09on what do you base

01:00:10your estimate

01:00:11of Miss Van Dam's

01:00:12true age?

01:00:15I have a large collection

01:00:17of old opera programmes.

01:00:20She was a promising

01:00:2016-year-old in 1949.

01:00:23Now work it out

01:00:24for yourselves.

01:00:25It's a lie!

01:00:26Madam Butterfly!

01:00:27I was eight years old

01:00:28and I was playing the baby!

01:00:30You must have been

01:00:31a hell of a surprise

01:00:32to Lieutenant Pinkerton.

01:00:33Ladies, please!

01:00:34Now, I think I can say

01:00:37that you have both

01:00:38given me tremendous pleasure

01:00:40in the past,

01:00:41but not now,

01:00:42when your voices

01:00:43are raised in anger.

01:00:45Have you any further questions,

01:00:46Mr O'Connor?

01:00:47No, my lord.

01:00:49Then you may leave

01:00:50the witness box,

01:00:51Miss Burns.

01:00:54And now, members of the jury,

01:00:56false imprisonment

01:00:57is what we lawyers

01:00:59call a tort,

01:01:00a civil wrong,

01:01:01and someone who's

01:01:01falsely imprisoned

01:01:02may bring an action

01:01:03for damages

01:01:03against the person

01:01:04responsible.

01:01:06Now, a person

01:01:07can be falsely imprisoned

01:01:08without actually being

01:01:10shut up,

01:01:11incarcerated in a prison cell,

01:01:13or tired of London.

01:01:15It is enough

01:01:15if a person,

01:01:16in any manner,

01:01:17is wrongly deprived

01:01:18of his or her liberty.

01:01:20Now, here,

01:01:21the plaintiff claims

01:01:22that she was,

01:01:22in a sense,

01:01:23incarcerated,

01:01:24not in a prison cell,

01:01:25but in a public lavatory.

01:01:26And she claims

01:01:27that the defendant

01:01:28was responsible.

01:01:30Her case is

01:01:30that Miss Burns

01:01:31overheard

01:01:32Mrs Bullitt,

01:01:33the lavatory attendant,

01:01:34say that if the door

01:01:35was shut,

01:01:35it might become stuck.

01:01:37And that having heard that,

01:01:39she deliberately slammed

01:01:40the door shut

01:01:41with the result

01:01:42that it did become stuck

01:01:43and the plaintiff

01:01:44thereby was imprisoned.

01:01:46Not for long,

01:01:47not for many minutes,

01:01:48but for long enough

01:01:49to miss the train.

01:01:50Now, if you think

01:01:51that is what happened,

01:01:52then this was indeed

01:01:54the wrong

01:01:55of false imprisonment

01:01:56because no one,

01:01:57including the defendant,

01:01:58could possibly justify

01:01:59such a detention

01:02:00of the plaintiff.

01:02:01Now, the defendant

01:02:01denies all this.

01:02:02She says she went

01:02:03to that walk-through

01:02:04at the Opera House

01:02:04merely to help

01:02:05Sir Gerald Pegler.

01:02:06And with no intention

01:02:07of replacing

01:02:08Miss Van Damme,

01:02:09further,

01:02:10she claims that

01:02:10Miss Van Damme

01:02:12deliberately missed

01:02:13that performance.

01:02:16Now, if you do find

01:02:18for the plaintiff,

01:02:19Miss Van Damme,

01:02:20you must then go on

01:02:21to consider

01:02:22the question of damages.

01:02:23Now, it is already agreed

01:02:24if you find for her

01:02:26that she should receive

01:02:27the sterling equivalent

01:02:28of the $12,000 fee

01:02:30which she missed.

01:02:31You needn't concern

01:02:32yourselves with that.

01:02:34What you have to consider

01:02:35is whether she is entitled

01:02:36to any further compensation

01:02:38for the very event

01:02:40of being locked up

01:02:41in the lavatory,

01:02:43the associated distress,

01:02:44the loss of an opportunity

01:02:46further to enhance

01:02:47her professional reputation

01:02:49at the performance

01:02:49she missed.

01:02:50Now, such compensation

01:02:51would be called

01:02:52general damages.

01:02:53And what you have

01:02:54to consider is

01:02:55whether she is entitled

01:02:56to such a sum

01:02:57and, if so,

01:02:58how much.

01:02:59Now, lastly,

01:03:00I have to remind you

01:03:01that the burden

01:03:01of establishing her case

01:03:03lies on the plaintiff,

01:03:04Miss Van Damme.

01:03:05She must satisfy you

01:03:07of the essential elements

01:03:09of her claim

01:03:09on the balance

01:03:11of probabilities.

01:03:12In other words,

01:03:13she must satisfy you

01:03:14that it is more probable

01:03:17than not

01:03:17that her allegations

01:03:19are true

01:03:20before you can find

01:03:21for her

01:03:21and if she doesn't

01:03:22so satisfy you

01:03:23then you must find

01:03:24for the defendant,

01:03:25Miss Burns.

01:03:25Will you now please retire,

01:03:27elect a foreman

01:03:28and consider your verdict?

01:03:34Members of the jury,

01:03:35will your foreman

01:03:35please stand?

01:03:37Just to answer

01:03:38this question,

01:03:39yes or no,

01:03:40have you reached a verdict

01:03:41upon which you are

01:03:41all agreed?

01:03:42Yes.

01:03:43Do you find for the plaintiff

01:03:44or the defendant?

01:03:45The defendant.

01:03:55The defendant.

01:04:22Yes.

01:04:23Yes.

Crown Court - Songbirds out of Tune (1975)

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