Lucy Brennan has accused Edward Morrison of indecently assaulting her at her home following a dinner engagement earlier in the evening.
Watch out for Cherry Gillespie (Lucy), who was a dancer in Pan's People on Top of the Pops, no less! Simon Rouse (Edward) is known for his appearances in The Bill and Bernard Horsfall (Prosecuting Counsel) previously appeared in many shows including Doctor Who, The Avengers and Secret Army.
Watch out for Cherry Gillespie (Lucy), who was a dancer in Pan's People on Top of the Pops, no less! Simon Rouse (Edward) is known for his appearances in The Bill and Bernard Horsfall (Prosecuting Counsel) previously appeared in many shows including Doctor Who, The Avengers and Secret Army.
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TVTranscript
00:00:00Transcription by CastingWords
00:00:30Under any circumstances?
00:00:32No. I made my intentions perfectly clear from the word go.
00:00:37What was your intention?
00:00:39To get out of his company as quickly as possible.
00:00:42The case you're about to see is fictional, but the procedure is authentic.
00:00:46The characters are played by actors, but the jury is selected from members of the public.
00:00:51Lucy Brennan has accused Edward Morrison of indecently assaulting her at her home following dinner at a restaurant earlier that evening.
00:00:59Lucy Brennan is partway through her evidence.
00:01:01Did you make your intentions known to the accused?
00:01:04On several occasions.
00:01:06Verbally?
00:01:07Yes, and physically.
00:01:10Physically?
00:01:11Yes. I was trapped. I hit him across the face.
00:01:16And what was the effect of your action?
00:01:19A punch in the face.
00:01:20The accused struck you?
00:01:23In the mouth, yes.
00:01:25And how did you react?
00:01:27Not very effectively. There wasn't much space to move.
00:01:32Are you aware of doing anything which might account for the behaviour of the accused?
00:01:36Well, I made him a cup of coffee.
00:01:38Yes.
00:01:39But it became clear by the tone of his conversation that that wasn't the only service that I was expected to provide.
00:01:46Are you conscious of encouraging him in that belief?
00:01:50On the contrary.
00:01:51I was very conscious of discouraging him throughout the entire evening.
00:01:55We were supposed to part outside the restaurant.
00:01:58Did you tell the accused that?
00:02:00I gave up trying to enter a one-way conversation.
00:02:03I came to the conclusion that my real mistake had been accepting the invitation in the first place the night before.
00:02:09Why did you accept it?
00:02:11I imagine it was the champagne.
00:02:14You'd been drinking.
00:02:15There was a champagne reception.
00:02:18I expect that's why he took on such a rosy aspect.
00:02:22I found him offensive and self-opinionated when we met again the following evening.
00:02:27Offensive?
00:02:28He said I was wasting my time doing a degree course.
00:02:32That I was far too decorative to be an academic.
00:02:35And that the very least of my assets was my intellect.
00:02:39Yes, I find that offensive.
00:02:41Was that your sole objection?
00:02:43No.
00:02:45He insisted that women enjoyed being treated as sex objects.
00:02:49I attempted to contradict him.
00:02:51And the whole evening culminated in him telling the head waiter that I look better with my clothes off.
00:02:58How long had you known the accused?
00:03:0024 hours.
00:03:02And you allege that on an acquaintance of 24 hours, the accused invited himself into your house?
00:03:10He took it upon himself, yes.
00:03:12And there indecently assaulted you?
00:03:15Yes.
00:03:15Will you tell us exactly how you first met the accused?
00:03:23I was talking to someone after the contest.
00:03:25And he came over and forced his way into the conversation.
00:03:28The contest?
00:03:29A local beauty contest.
00:03:32Fullchester Football Club.
00:03:33I just won it.
00:03:35Will you clarify your reasons for entering the contest?
00:03:38I needed the money.
00:03:42Will you remind the court of your occupation?
00:03:45I'm a student of French language and literature in my final year.
00:03:48Miss Brennan, are you not able to subsist on your grant?
00:03:53We hear a great deal of complaints about the paucity of the allowance.
00:03:59But I must say that I myself have always found that it erred on the side of generosity.
00:04:03That may well be so, Your Honor, but I don't have a grant.
00:04:07I support myself.
00:04:08A mature student, Your Honor.
00:04:10How very refreshing.
00:04:12Most of the students that I encounter are quite the reverse.
00:04:16I was referring to her status, Your Honor, not her ability to behave in an adult manner.
00:04:21Miss Brennan is over 25.
00:04:23Yes.
00:04:25Carry on, Mr. Singleton.
00:04:27Age has no real bearing in this matter.
00:04:30No, Your Honor.
00:04:31Miss Brennan, you say you needed the money.
00:04:35What for?
00:04:36Specifically.
00:04:38Well, to eat.
00:04:40Somewhere to live, travel.
00:04:42And specifically because I was due for the push for non-payment of fees.
00:04:46How serious was your situation?
00:04:48Very.
00:04:49They'd threatened not to let me graduate.
00:04:52Have you ever entered a beauty contest before?
00:04:54Yes.
00:04:55When I was younger.
00:04:57I stopped when I was 19.
00:04:59Oh, why was that?
00:05:01Preservation of sanity.
00:05:02How do you mean?
00:05:04Well, prancing down a catwalk doesn't exactly stretch the intellect.
00:05:08The only thing getting stimulated was my bank balance.
00:05:11Had you been able to make a living at it?
00:05:13I made some money, yes.
00:05:15But I wouldn't call it a living.
00:05:18Were you aware that the accused was one of the judges of the contest?
00:05:23After the event, yes.
00:05:24He made that clear after he'd given me the tickets.
00:05:27The tickets?
00:05:28I was talking about football.
00:05:31And I said I wanted two tickets for the England game.
00:05:34And he came over and offered me two seats.
00:05:37Well, under the circumstances.
00:05:40Yes?
00:05:41Well, that's when he invited me to dinner.
00:05:43I didn't really feel I could refuse.
00:05:45When was the invitation for?
00:05:48The following evening.
00:05:50He wouldn't be turned down.
00:05:52Then he said he could maybe get me some promotional work to last me till the end of term.
00:05:57Well, there seemed no point in refusing.
00:05:59So you accepted?
00:06:02I didn't imagine that a chance invitation to dinner would lead to attempted rape and strangulation.
00:06:08Your Honor, the charge is indecent assault.
00:06:11Miss Brennan has no right to suggest anything more serious.
00:06:14Yes.
00:06:15Miss Brennan, you will resist the temptation to air your views in this manner?
00:06:20Yes, Your Honor.
00:06:21Carry on, Mr Singleton.
00:06:22Miss Brennan, how exactly did the accused manage to be in your house?
00:06:29Well, after we left the restaurant, I insisted on a cab.
00:06:33And he held one for me.
00:06:35I assumed we'd part company there and then.
00:06:38It was my intention that we should, but he leapt in behind me.
00:06:42Did he give any reason?
00:06:45He said it was good manners to see a lady to her doorstep.
00:06:48I see.
00:06:50So, when you arrived at your house?
00:06:52He paid the driver, leapt out and followed me up the steps.
00:06:57And at the top of the steps?
00:06:59That's when he invited himself in.
00:07:01How?
00:07:03Oh, the usual, you know.
00:07:05Any coffee going, I could do with a cup to sober up.
00:07:09So I agreed to let him in.
00:07:11And what happened then?
00:07:14I left him sitting in the lounge and went to make the coffee.
00:07:18Fliss was out with the dog.
00:07:20Fliss?
00:07:20Felicity Coleman.
00:07:22We share the house.
00:07:24Well, the dog was gone, so I knew she'd be out walking.
00:07:27So, you were making coffee?
00:07:30And dragging the whole business out until it was quite ridiculous.
00:07:34Conversation was non-existent.
00:07:35Then suddenly, the place is plunged into half-light, and 50 great love songs come filtering through from the lounge.
00:07:45From your gramophone?
00:07:46Yes.
00:07:47And how did you react to this development?
00:07:51With panic.
00:07:51Why was that?
00:07:53Well, when a man starts spraying on cologne while you're in the kitchen, it's difficult not to jump to some conclusions.
00:08:00I just kept pouring coffee and making conversation.
00:08:04And then, what happened?
00:08:06He got up to change a record.
00:08:09We were discussing my career prospects.
00:08:12And then he came over and sat down next to me.
00:08:16He put his arm around me, and I tried to move away.
00:08:20And then he put his other hand to my neck.
00:08:22And then, what?
00:08:25Then he leaned over and bit my ear.
00:08:28The accused bit your ear?
00:08:31Not violently.
00:08:33I expect he thought I would respond.
00:08:35And did you?
00:08:36Not in the way he expected.
00:08:38I tried to get up.
00:08:40And what happened?
00:08:42He put his hand down the cleavage of my dress and undid the top button.
00:08:46Did you ask him to desist?
00:08:49Well, not in so many words.
00:08:50I mean, it's very difficult.
00:08:52And I didn't want to appear to be overreacting.
00:08:55Now, what happened next?
00:08:57Can you remember the exact sequence of events?
00:09:00He asked if he could stay the night.
00:09:02And I said I didn't think that would be a very good idea.
00:09:06Then he said, what about half an hour?
00:09:08And I said, no.
00:09:10That he should go now.
00:09:13Then he said he was expecting to stay a bit longer.
00:09:16At that point, I tried to get up.
00:09:18His presumption amazed me.
00:09:20Then he said, is this all the thanks I get?
00:09:24And I felt his hand round my neck, tight.
00:09:28And I felt as though I was choking.
00:09:31Were you in pain?
00:09:32I thought I'd be strangled.
00:09:36I couldn't breathe.
00:09:38And he dragged me to the floor.
00:09:40And what did you do?
00:09:42I hit him in the face.
00:09:44Then he punched me in the mouth and cracked my bottom lip.
00:09:47Then he said I'd be silly to start fighting.
00:09:52Then my mouth started bleeding and he tore some more buttons off my dress.
00:09:56Now, did you attempt to fight back?
00:09:58Well, I need him in the groin.
00:10:01But then he was on top of me and pulled my skirt above my waist.
00:10:06And then what?
00:10:08And then I heard the key in the door.
00:10:10Did the accused hear that?
00:10:12Yes.
00:10:14He seemed to freeze.
00:10:16He let go.
00:10:16So I felt this incredible relief.
00:10:19I started screaming.
00:10:21It was Fliss with the dog.
00:10:24Why did you scream?
00:10:26From relief, I suppose.
00:10:28Because he'd let go.
00:10:31What did the accused do?
00:10:33He got up, ran past Fliss, and the dog went for him.
00:10:37But by the time she got to the bottom of the steps, he'd gone.
00:10:40How did you feel at this point?
00:10:46Very sore.
00:10:49I felt as though my neck had been through the noose.
00:10:54And shaking, I couldn't stop shaking.
00:11:00What did Miss Felicity Coleman do on her return?
00:11:04She made me drink brandy and she called the police.
00:11:08And at what time did the police arrive?
00:11:10It was after 11.
00:11:13I'm not exactly sure.
00:11:15And it was just PC Land who came.
00:11:18I told him what happened.
00:11:20And he said that I should go down to the station to have my bruises checked.
00:11:24And to make a statement.
00:11:26Assuming that I wanted to carry the matter further.
00:11:30Police Constable Land asked you if you wanted to take the matter further?
00:11:36He told me that there was no way I could prove my story.
00:11:38And that I'd be accused of leading him on.
00:11:42He said that the court case would be upsetting.
00:11:45And that I should drop it.
00:11:48And what was your response?
00:11:50I said I had every right to go ahead with it and that it would be wrong not to see it through.
00:11:55There might be other cases.
00:11:57What other cases?
00:11:59Where the accused might try to rape someone else.
00:12:02Indecently assault?
00:12:03Yes.
00:12:04Thanks to the intervention of Fliss.
00:12:06There's no way it would have stopped there if she hadn't have come back.
00:12:09Miss Brennan, you have been reminded of the charge.
00:12:13And you must not encourage the jury to speculate on what might have happened if the interruption had not occurred.
00:12:20I apologise, Your Honour.
00:12:23My personal belief is that I would have been raped.
00:12:27The experience I did undergo confirms my belief and I would not like to repeat that experience.
00:12:33And I didn't see why Morrison should be allowed to think he could get away with it.
00:12:36Are you a feminist, Miss Brennan?
00:12:50What's that?
00:12:52You're not familiar with the word?
00:12:54I'm familiar with it, yes.
00:12:56You're not aware of its meaning, then?
00:12:58I'm not aware of what you mean by it.
00:13:02Do you like men, Miss Brennan?
00:13:04In what way?
00:13:06As a species, shall we say.
00:13:09I don't know what you mean by species.
00:13:11What are you trying to ascertain by this line of questioning, Mr. Lytton?
00:13:16I am trying to ascertain the complainant's motives for pursuing this case, Your Honour.
00:13:20I'm within my rights to do so.
00:13:22There exists in your mind no desire to divert your own feelings of antipathy towards the defendant into making a scapegoat of him.
00:13:29How can he be made a scapegoat if he's guilty?
00:13:32A man whose character, by your own admission, you found presumptuous and patronising.
00:13:37Which it was.
00:13:38You are a member of a feminist society at university, are you not?
00:13:43I am.
00:13:44Does the society advocate the bringing of false charges?
00:13:47Not false charges, no.
00:13:49Against perfectly respectable and well-known figures?
00:13:52It advocates the right to say no to advances one has neither solicited nor wished for.
00:13:58Indeed.
00:13:58Also the right to prosecute, where people are misguided enough, or arrogant enough, to force their attentions where they are unwelcome.
00:14:07Does the society likewise advise its members to enter beauty contests?
00:14:11It has no policy as regard to beauty contests.
00:14:14Yet one would have thought a beauty contest, and all the implications thereof, would fly in the face of its most sacred precepts.
00:14:21I entered as an individual, not on behalf of the society.
00:14:25I think I'm right in saying that in the past, feminist societies have gone so far as to disrupt beauty contests.
00:14:32I believe so, yes.
00:14:33In the belief, correct me if I'm wrong, that such displays of female flesh were degrading, humiliating, pandering to the belief that woman is basically a commodity.
00:14:44Is that not the case?
00:14:45Really, Mr. Lytton, isn't this getting rather remote?
00:14:49Good. What is the purpose of these questions?
00:14:52Your Honor, I am trying to ascertain how far Miss Brennan subscribes to the belief side outline.
00:14:57For what purpose?
00:14:59To clarify how she views her own role as a participant in such contests, as a woman of principle.
00:15:05And what has Miss Brennan's principles got to do with it?
00:15:08Your Honor, in showing how willfully she chooses to disregard her principles when the mood strikes her, I'm trying to show how unreliable and inconsistent she is in her general behaviour.
00:15:18For what reason?
00:15:20I merely question whether the evidence of such a person is to be believed.
00:15:24Very well.
00:15:26Continue.
00:15:27Thank you, Your Honor.
00:15:28Miss Brennan, let us return to one of the beliefs of your feminist society.
00:15:33Beauty contests portray women as saleable commodities.
00:15:37Is that not the case?
00:15:38I believe so.
00:15:39And yet you clearly had no scruples about portraying yourself as saleable.
00:15:42I did have scruples.
00:15:43But you were able to overcome them.
00:15:45I needed the money.
00:15:46I see.
00:15:47Your need was greater than your scruples.
00:15:50I suppose so, yes.
00:15:51You must have been very sure of winning.
00:15:53I was hopeful and I took a chance.
00:15:56What sort of person enters a beauty contest, Miss Brennan?
00:15:59One whose looks and statistics generally conform to the popular notion of the word beauty, I imagine.
00:16:05And presumably one who was not impeded by the type of delicacy you claim to have felt.
00:16:10I don't know.
00:16:11I didn't discuss it.
00:16:13With the other competitors, you mean?
00:16:14Yes.
00:16:15Why was that?
00:16:16I didn't discuss very much, if you must know.
00:16:19I'm not particularly riveted by heated rollers and nail varnish.
00:16:23And they seem to be the only topics able to produce a response.
00:16:26The fact was, Miss Brennan, you didn't hit it off with the other competitors, did you?
00:16:30There was a strong feeling of resentment against you, was there not?
00:16:34I believe there was, yes.
00:16:35Because you were an outsider?
00:16:38I imagine so.
00:16:39And because you were not a professional model like the other competitors?
00:16:42That too.
00:16:44Was there another reason, perhaps?
00:16:45What other reason?
00:16:47The feeling that perhaps there existed some display of favouritism on the part of some of the judges towards you.
00:16:52If the judges don't display favouritism to someone, how are they supposed to choose a winner?
00:16:58I mean outside the actual contest, Miss Brennan.
00:17:01I wasn't aware of any favouritism, no.
00:17:03Not even on the part of Mr Morrison, perhaps?
00:17:06I never even set eyes on him till after the contest.
00:17:10You didn't know that he was one of the judges?
00:17:12I didn't know any of the judges, full stop.
00:17:14You fell into conversation with him and he invited you out to dinner.
00:17:17He happened to overhear a conversation I was having with someone else.
00:17:23That was extremely fortuitous.
00:17:25Not in the event it wasn't.
00:17:26He happened to overhear you say you needed a couple of tickets for the England match.
00:17:30He happened to have a pair about him which he was able to let you have.
00:17:34Yes.
00:17:35Do men often come up and offer you tickets for football matches?
00:17:37Regretfully, no.
00:17:38So, you were naturally delighted to find yourself in possession of two very good seats for the match,
00:17:42courtesy of Mr Morrison.
00:17:44Did he ask you to pay for them?
00:17:46He refused payment.
00:17:48Possibly he felt he might be compensated in some other way.
00:17:51Your Honour, the defence has no justification for that inference.
00:17:55I quite agree.
00:17:57How can Miss Brennan possibly be expected to know what expectations the defendant had?
00:18:04Continue, Mr Lytton.
00:18:06Your Honour.
00:18:07Miss Brennan, you accepted the invitation for dinner on the following evening.
00:18:11Yes.
00:18:13What was your motive for doing so?
00:18:15Motive?
00:18:16Yes.
00:18:17What motivated you to accept him?
00:18:19He just seemed to be very pleasant.
00:18:22We got on.
00:18:23You had no idea at this stage of asking him if he could put you in touch with a few contacts of his?
00:18:28Friends who might be able to throw a few modelling jobs your way?
00:18:31I never asked him for help of that sort.
00:18:34And yet I understand Mr Morrison had been able to fix up for you to meet a local promotions firm.
00:18:39He mentioned it.
00:18:40And there was the promise of more in the offing?
00:18:43Not to my knowledge.
00:18:44He only mentioned one contract.
00:18:47Even if there had been more work, I wouldn't have accepted it.
00:18:49Why was that?
00:18:50I'm doing my finals in two months.
00:18:53I don't have time to be doing modelling jobs.
00:18:55Not even if you needed the money?
00:18:57I need the money to study and pass my exams.
00:19:01Did Mr Morrison not telephone to a friend on your behalf the night you invited him back to your flat?
00:19:05I did not invite him.
00:19:06Did he or did he not make a call?
00:19:08He made a call, yes.
00:19:09Precisely.
00:19:09He made a call from your flat.
00:19:11I have no way of knowing if he made a call or not.
00:19:14He picked up the receiver and dialed a number.
00:19:16The fact remains, though, that at approximately 10.15pm on Saturday, April the 17th,
00:19:22you and Mr Morrison were back at your flat, listening to soft music, drinking coffee...
00:19:26I've already explained how that happened.
00:19:29And you claim you didn't find him as fascinating as you had done the previous evening.
00:19:32I never found him fascinating.
00:19:34I thought he was quite interesting at one point.
00:19:37And later?
00:19:39I found him arrogant and presumptuous.
00:19:42And ignorant on all matters not relating to football, money and women.
00:19:46Indeed?
00:19:47Actually, he didn't know very much about women either.
00:19:49He just thought he did.
00:19:51Was it at this point you planned your act of revenge?
00:19:54What revenge?
00:19:55You decided, in effect, that the defendant should be taught a lesson.
00:19:59The only thing I decided was never to see him again.
00:20:02And yet, within the space of half an hour, there you were,
00:20:05relaxing together to the sound of 50 greatest love songs,
00:20:08drinking coffee.
00:20:09The music was his idea,
00:20:11and I had no choice about the coffee, seeing as he'd invited himself in.
00:20:15Presumably, you could have declined to allow him in.
00:20:18That's easier said than done.
00:20:19If your feelings were so averse to him,
00:20:21would you not have been perfectly justified in slamming the door in his face?
00:20:25Yes, I don't think so.
00:20:26If, indeed, aversion was what you felt.
00:20:29I had no idea at the time that he was going to try and rape me.
00:20:34You can't make that kind of assumption.
00:20:36You have to take people at face value.
00:20:39Did you take Mr. Morrison at face value?
00:20:41I thought he was genuine, yes.
00:20:43What else should I think?
00:20:45I suggest to you, Miss Brennan, that he was perfectly genuine.
00:20:49Well, his behaviour would suggest otherwise.
00:20:51That if he did enter your house in the assumption that he wouldn't be leaving until the next morning,
00:20:55it was because you led him to believe that would be the case.
00:20:59I don't see why anyone is justified in making that kind of assumption.
00:21:03Are you saying it was not your intention to ask him to spend the night with you?
00:21:07It was my intention that we should part company outside the restaurant.
00:21:12Had I suspected what lay in store, he wouldn't have got past the front door.
00:21:15I put it to you, Miss Brennan, that you did voluntarily invite him in.
00:21:19I did not.
00:21:19And that subsequently you invited him to have sex with you.
00:21:22On the contrary, I invited him to leave.
00:21:25You appear to have been unable to make up your mind.
00:21:27If you wished the defendant to leave, why did you not make that clear to him?
00:21:32I really don't know what to say.
00:21:34Did you give the defendant any encouragement?
00:21:35Well, I must say, if kicking, punching and scratching are to be regarded as signs of encouragement,
00:21:42then I really don't know how to show discouragement in any other way that might be believed.
00:21:47Miss Brennan, let's not be naive about this.
00:21:51The defendant is clearly not inexperienced as far as the opposite sex is concerned.
00:21:56Are you suggesting he misread the signs?
00:21:58He chose to misread them.
00:22:00Or perhaps you chose to alter them.
00:22:02Only when your flakmate was returning and you would be found in a rather embarrassing position in the middle of the floor.
00:22:09Well, I admit, one doesn't feel at ease being attacked in front of one's friends.
00:22:13Of course, you had been drinking, hadn't you?
00:22:16Two glasses of wine and a Perrier water.
00:22:18I don't think that's excessive.
00:22:20Are you saying you were not drunk?
00:22:22On two glasses of wine, certainly not.
00:22:25So you were perfectly conscious, then, of what was going on around you?
00:22:29Extremely conscious, unfortunately.
00:22:31What about the brandy?
00:22:32I drank that after the event.
00:22:35So when your flakmate returned, you were conscious enough to note her reaction, were you?
00:22:39I did note it, yes.
00:22:41Would you describe it to the court?
00:22:42Shock and amazement.
00:22:46Amazement?
00:22:47Well, you don't expect to come home and witness a case of assault.
00:22:50Do you know of anything else that might have contributed to her amazement and shock?
00:22:55Well, I dare say there was.
00:22:57Can you suggest what that might have been?
00:23:01Probably because she recognised the person who had attacked me.
00:23:04Recognised him as whom?
00:23:07Her ex-fiancée.
00:23:08The case of Brennan v. Morrison will continue tomorrow in the Crown Court.
00:23:25He, he, he indeed.
00:23:42I did.
00:23:46I did not mean for others to move.
00:23:48He, he, he will, I guess.
00:23:53The case you're about to see is fictional, but the procedure is authentic.
00:24:01The characters are played by actors, but the jury is selected from members of the public.
00:24:06Yesterday, Lucy Brennan described how the accused, Edward Morrison,
00:24:10indecently assaulted her in her house.
00:24:12Lucy Brennan is now being cross-examined.
00:24:15You were not aware, then, that Miss Coleman had at one time been engaged to be married to Mr Morrison?
00:24:19I wasn't previously aware, no.
00:24:22You are now, I imagine.
00:24:23Fliss told me about it.
00:24:25If you and Miss Coleman are such good friends,
00:24:27how could it be that you were ignorant of her previous relationship with Mr Morrison?
00:24:32She was engaged to him four years ago. I've only known her for 18 months.
00:24:36Surely she must have mentioned something to you.
00:24:39A matter of such significance to her, presumably traumatic.
00:24:41As you say, traumatic. Not a subject for small talk. We didn't discuss it.
00:24:47Presumably you discussed your forthcoming dinner engagement with Miss Coleman.
00:24:50I mentioned it, yes.
00:24:53Well, surely the defendant's name was mentioned at some point.
00:24:56I said his name was Ted.
00:24:58She didn't put two and two together.
00:25:00She knew him as Edward.
00:25:01Didn't it occur to her to make the connection?
00:25:04There must be more than one Ted.
00:25:06But only one to her, Miss Brennan.
00:25:09Mr Lytton, are you suggesting that the complainant knew in advance about the relationship between her flatmate and the accused?
00:25:19I am trying to ascertain that, Your Honour.
00:25:21For what purpose?
00:25:23To establish the background to the alleged assault.
00:25:26Yes.
00:25:27Oh, I can quite understand, Miss Brennan, how you didn't link Mr Morrison with the man who allegedly had rejected your friend.
00:25:37But did Miss Coleman never mention her ex-fiancé's profession to you?
00:25:43She did say he was involved in promotions of some sort.
00:25:46And when you were introduced to him, did it not strike you as rather a coincidence?
00:25:52Your Honour, there was absolutely no reason for me to link him with Felicity.
00:25:56He was a chance acquaintance.
00:25:58And to be frank, he seemed so fond of himself, it didn't occur to me that there'd be room for a fiancé as well.
00:26:04Oh. Yes, I see.
00:26:07Well, continue, Mr Lytton.
00:26:08Thank you, Your Honour.
00:26:10What were the circumstances, as you understand them, of the break-up of Miss Coleman and Mr Morrison?
00:26:15He locked her out of her flat and cleared off with some other woman.
00:26:20This is Miss Coleman's version of events, is it?
00:26:22Yes.
00:26:23Are you saying, then, that had you been in possession of these so-called facts about the defendant's past before you accepted the dinner engagement, you would have declined the invitation?
00:26:32I certainly would.
00:26:34Why did you decide to let the matter go to court, Miss Brennan?
00:26:37I've already explained all that. I didn't see why he should get away with it.
00:26:42Wasn't it, in fact, a tailor-made situation?
00:26:45To serve Miss Coleman's thirst for some kind of petty revenge, and your own.
00:26:51What was I supposed to be revenging?
00:26:53The trauma your friend had allegedly suffered.
00:26:55I knew nothing about the business with Fliss while he was ripping my dress to pieces.
00:26:59If that was the case, you certainly put the information to good use afterwards.
00:27:03It is not against the law to prosecute someone for indecent assault.
00:27:07But there can be no question of indecency when both parties consent.
00:27:10But both parties didn't consent, did they?
00:27:12I suggest to you, Miss Brennan, that they did.
00:27:14I assure you that one of the participants had very strong objections.
00:27:18I suggest that you were more than happy to accept and to respond to the defendant's attentions,
00:27:23until you were caught in a situation of some embarrassment by the arrival of your friend.
00:27:27At no time did I give my consent.
00:27:28That upon Miss Coleman's recognition of the defendant,
00:27:31the pair of you hit upon the idea of exacting a poetic revenge
00:27:35by bringing this infamous charge against a man of the utmost respectability.
00:27:40This man of utmost respectability tried to rape me.
00:27:45Fortunately for both of us, he didn't succeed.
00:27:48But I didn't see why I should let it drop,
00:27:50just because he didn't finish what he set out to do.
00:27:53You were reluctant to go through with it at first.
00:27:56I never said I was reluctant.
00:27:58I said attempts were made to persuade me otherwise.
00:28:02You didn't actually start to scream until your friend arrived in the doorway.
00:28:06Wasn't that because you were a willing participant at some stage?
00:28:10He had his hand round my neck.
00:28:13Who was I supposed to scream to?
00:28:15I didn't want to end up a corpse.
00:28:16You claim the defendant, uh, touched the front of your dress.
00:28:20He put his hand down the front of my dress and ripped four buttons off it.
00:28:25And, uh, kissed your ear?
00:28:28Bit my ear.
00:28:30And then you both rolled onto the floor?
00:28:32He dragged me onto the floor against my will.
00:28:36My neck and throat were mauled and he pulled my skirt above my waist.
00:28:40And then?
00:28:41And then I heard the key in the door.
00:28:43Ah, yes.
00:28:43And that was when you chose to scream.
00:28:46I screamed, yes.
00:28:47He let go.
00:28:49It was a relief.
00:28:50A relief.
00:28:51Well, wouldn't you be relieved?
00:28:53Miss Brennan, I cannot imagine ever being in a situation where such relief was necessary.
00:28:57That's probably because you're a man.
00:28:59Police Councilor Land, would you describe to the court what happened on the night of April the 17th?
00:29:10I was on foot patrol in the region of Bailey's Common.
00:29:13I received a call instructing me to go to number 19, Alberston Drive.
00:29:18I arrived at 11.02.
00:29:21The door was opened by someone I now know to be Miss Coleman.
00:29:24The person I now know to be Miss Brennan was resting in a chair.
00:29:28She seemed to be in a state of shock.
00:29:30Miss Coleman had given her brandy to calm her down.
00:29:33When Miss Brennan felt collected enough, she was able to tell me what had happened.
00:29:38She drew my attention to the bruising on her neck, to her lip which was bleeding,
00:29:43and to the dress which had been torn in the alleged attack.
00:29:46Was Miss Brennan wearing the dress at the time?
00:29:48No, she was not.
00:29:49It wasn't in a condition to be worn.
00:29:51Exhibit three, Your Honor.
00:30:01Yes, I do see the point.
00:30:04Carry on, Constable.
00:30:05I invited Miss Brennan to accompany me to the station,
00:30:08to make a statement, and to have her injuries examined.
00:30:13Did she agree to this?
00:30:14She did.
00:30:16Did you at any time discourage Miss Brennan from taking the matter any further?
00:30:21In what way, Your Honor?
00:30:22Well, for instance, did you advise her that her allegations might not be believed?
00:30:27Your Honor, I would not go so far as to make that sort of a statement.
00:30:31Did you suggest that she might have encouraged the defendant in some way?
00:30:37I might have indicated that she should be prepared to face that type of question.
00:30:42Did you tell her to drop the matter?
00:30:45Your Honor, Miss Brennan was very distressed when I saw her.
00:30:48I advised her that in court she would be obliged to repeat the details of her experience.
00:30:53I suggested she might find it traumatic, and that...
00:30:56And so you advised her to forget the whole thing?
00:31:00I asked her if she realized what was involved if the matter went further.
00:31:05Yes, I see.
00:31:06Any further questions, Mr. Singleton?
00:31:08Just one, Your Honor.
00:31:09Yes, Constable, as far as you could tell, did Miss Brennan appear to be inebriated?
00:31:15As far as I could tell, no, she did not.
00:31:18She was very upset.
00:31:19She had been crying.
00:31:21But there was nothing at all to suggest inebriation.
00:31:24Thank you, Constable.
00:31:25Please, Constable Lairns, you arrived at the house at 11.02.
00:31:28That is correct.
00:31:30Did you observe any signs of a struggle?
00:31:32In the house, you mean?
00:31:34Yes.
00:31:35I observed no such signs.
00:31:36Nothing consistent with the story that a fierce struggle had taken place.
00:31:41I did see the dress and Miss Brennan's injuries.
00:31:45Miss Brennan seemed distressed, did she?
00:31:47Very.
00:31:48She had been drinking, of course, hadn't she?
00:31:51Not as far as I was aware.
00:31:52I thought you said she was drinking brandy.
00:31:55There was an empty brandy glass beside the chair.
00:31:57But she claimed she'd been given by Miss Coleman.
00:31:59Yes, in order to calm her down.
00:32:02Did you actually see Miss Coleman give her the brandy?
00:32:04I did not.
00:32:06That was before I arrived.
00:32:08Did Miss Brennan seem reluctant to tell you exactly what had happened?
00:32:13Not reluctant.
00:32:14Unable at first.
00:32:16Unable at first, and then keen to have charges brought?
00:32:20When she was less upset, yes.
00:32:22Almost as if she was unable to make up her mind.
00:32:26I'm not in a position to say that.
00:32:28Thank you, Constable.
00:32:30No further questions.
00:32:34I examined Miss Brennan at 12.05 on the morning of April the 18th.
00:32:41Her neck and throat were quite swollen and appeared to be causing her some pain.
00:32:46There were areas of slight bruising around the throat.
00:32:49The skin was scratched in several places and her bottom lip was cut.
00:32:54Are you able to say how the bruising was caused?
00:32:57Pressure applied to the throat by something or someone.
00:33:02Pressure violently applied, would you say, Doctor?
00:33:04With some force, yes.
00:33:06Could Miss Brennan have sustained these injuries by a fall, say, or a knock?
00:33:10Well, that would certainly account for the cut lip, but the bruising is quite localised.
00:33:15It's unlikely that a fall or even a knock could result in such a specific injury.
00:33:20Were you able to ascertain when the bruising occurred?
00:33:24The neck was still swollen and quite tender, the skin broken and slight bleeding from the cut lip.
00:33:31I would estimate not more than three hours before, probably less.
00:33:36Thank you, Doctor.
00:33:38Any questions, Mr. Litton?
00:33:40Yes, Your Honor.
00:33:41Dr. MacArthur, would you say a great deal of pressure was required to produce such bruises?
00:33:46Not a great deal, no.
00:33:49And the scratches on the skin are quite superficial, are they not?
00:33:52Quite superficial, yes.
00:33:55Is it possible that both scratches and bruising might have been sustained in over-enthusiastic foreplay?
00:34:02And what on earth does that phrase mean, Mr. Litton?
00:34:06Could the marks be the result of vehement embraces, caresses, kisses?
00:34:13I couldn't rule out that possibility.
00:34:15I have come across such extreme behaviour.
00:34:19But in my opinion, the injuries sustained, and in my view they are injuries,
00:34:24are more consistent with violent intentions than amorous ones.
00:34:28But the possibility exists, nevertheless.
00:34:31Remotely.
00:34:32I am able to give my opinion only on the injuries themselves and the likely manner in which they were caused.
00:34:39I cannot venture to comment on the precise intentions or motives behind them.
00:34:45Thank you, Dr. MacArthur.
00:34:46No further questions.
00:35:17And then read aloud the words on the card.
00:35:19I swear by almighty God, the evidence I give shall be the truth, the old truth, and nothing but the truth.
00:35:28Is your full name Felicity Maureen Coleman, and do you live at 19 Albiston Drive, Fulchester?
00:35:36Yes.
00:35:38And you are a nursing sister at Fulchester General Hospital?
00:35:42That's right.
00:35:43Well, Miss Coleman, how did you and Miss Brennan become acquainted?
00:35:48I advertised.
00:35:50For what?
00:35:51Someone to share the flat with me.
00:35:53How long ago would that be?
00:35:55It was about 18 months ago.
00:35:57Would you say that in the period since Miss Brennan moved in that you have become good friends?
00:36:02Yes, we have. We get on well.
00:36:05Did you tell the court what happened on the evening of April the 17th?
00:36:09Well, er, Lucy told me she was seeing this Ted bloke. Said she'd met her in the contest the night before. I was planning to stay in.
00:36:18Yes, do you know if the accused collected Miss Brennan from the house that evening?
00:36:23She got the bus. Me and Norman walked her to the bus stop. She said she'd get a taxi back.
00:36:28And what did you do?
00:36:30Went back to the flat, did some exercises, put a face pack on. I knew Lucy would be back well before 10.
00:36:35How could you know that, Miss Coleman?
00:36:38Oh, because I knew Lucy was out for dumping the bloke as soon as she got a chance.
00:36:41Oh, Miss Coleman, you will not make these statements.
00:36:45Now, don't tell us what you thought Miss Brennan's intentions were.
00:36:49Your Honour, with all due respect, when Lucy says she'd be in early, you know she's not that keen on the bloke.
00:36:56Miss Coleman, we're not concerned here with what Miss Brennan said, but with what you actually saw.
00:37:02Continue, Mr. Singleton.
00:37:06Yes, Your Honour.
00:37:08Miss Coleman, when did you leave the house for the second time that night?
00:37:12Oh, it was about 10 o'clock.
00:37:14Norman got a bit restless. We went for a job in the common.
00:37:16And who is this Norman person?
00:37:20He's a Weimaraner, Your Honour.
00:37:22A what?
00:37:23It's a breed of dog, Your Honour, something akin to a Labrador.
00:37:27I am reliably informed that it has no tail.
00:37:30Oh. Miss Coleman's dog, Your Honour.
00:37:34Now, Miss Coleman, when did you return?
00:37:37I suppose it was about 10.15.
00:37:40I told Lucy I'd be back for when she got in, but we were later than I thought.
00:37:44It always drags out when Norman's in a mood.
00:37:47Now, when you arrived outside the house, did you realise there was anyone in?
00:37:51Well, we always leave a light on.
00:37:53I left them on when I went out, so I didn't notice anything unusual in that.
00:37:56And then what happened next?
00:38:00I opened the door. The lights were down. That I did notice.
00:38:04Anyway, this, er, or this guy suddenly leapt up off the floor.
00:38:08Could you see Miss Brennan?
00:38:10Yes. She was on the floor, screaming.
00:38:13Her dress was ripped, pulled up halfway round her waist.
00:38:16And then what happened?
00:38:17The guy made a break for it. It was all over in a couple of seconds.
00:38:21He ran down the stairs, and Norman went after him.
00:38:23The dog followed the accused down the stairs.
00:38:26Yeah, well, Lucy had been attacked, hadn't she? The dog had a go at him.
00:38:30Did you attempt to call it off?
00:38:32I thought I better.
00:38:34And did Miss Brennan then tell you what had happened?
00:38:37Not immediately, no. She was too upset.
00:38:40What sort of a state was she in?
00:38:42Oh, pretty bad.
00:38:44A strangled to death, not to mention the state of her clothes.
00:38:48So what did you do?
00:38:49Gave her a brandy, made a change of dress, tried to get her thinking straight.
00:38:54And how long did that take?
00:38:57Oh, it was about 20 minutes. I wasn't counting.
00:38:59I needed to know what had happened.
00:39:02Was she in a fit state to tell you?
00:39:05Eventually.
00:39:06And I said, first thing we have to do is report it.
00:39:09So I called the police.
00:39:10Lucy started crying again.
00:39:12Then the police constable arrived.
00:39:14That would be police constable Land.
00:39:17That's right.
00:39:18Well, he wasn't much help.
00:39:20Oh, how do you mean?
00:39:21Well, I thought he overstepped the mark a bit, actually.
00:39:24Trying to put Lucy off going to court.
00:39:26Asking her if she'd let him on.
00:39:27Never mind what constable Land said.
00:39:30But that's what he was suggesting.
00:39:32Advising her not to go through with it.
00:39:34Well, she didn't need advising.
00:39:36She felt what we both felt the same.
00:39:38A bloke gets away with it once, he'll try again.
00:39:41Are you referring to the accused?
00:39:43Well, not exclusively.
00:39:45I was just gnawed by this piecey land.
00:39:48Why was that?
00:39:50What advice he was giving us.
00:39:52Don't push her, he says.
00:39:53They'll say she encouraged him.
00:39:55Well, that's so transparently untrue.
00:39:57Nobody in their right mind would really...
00:39:58It may seem transparent to you, Miss Coleman.
00:40:02But you must not imagine that everyone
00:40:04shares the same strong feelings for Miss Brennan as you do.
00:40:08You should try asking a few people, then.
00:40:10Asking people who knew her.
00:40:11Lucy wastes her time leading on a jerk like Morrison.
00:40:15Listen, she had himself from the word go.
00:40:17I will not permit these outbursts in my court.
00:40:22You will endeavour to express yourself
00:40:23in a rational and a collected manner.
00:40:27Now, please continue, Mr Singleton.
00:40:29Yes, Your Honour.
00:40:33Miss Coleman, can we go back to exactly what you saw when you opened the door?
00:40:41I opened the door.
00:40:44Like I said, it was over in seconds.
00:40:46I saw this guy leap up off the floor.
00:40:49I saw Lucy there.
00:40:51Her dress was ripped, her skirt up, screaming.
00:40:54Then he just rushed out past me.
00:40:56I went after her with a dog.
00:40:58When I came back, Lucy was just shaking.
00:41:00Did you recognise the man who rushed past you down the stairs?
00:41:05Edward Morrison.
00:41:07Thank you, Miss Coleman.
00:41:10Miss Coleman, ever since you were abandoned by the defendant in a most humiliating manner,
00:41:17you have longed for an opportunity to avenge yourself, have you not?
00:41:20No.
00:41:21No?
00:41:22You were not affected by his sudden transfer of affections?
00:41:25I was affected.
00:41:26Oh, you were?
00:41:27I tried to commit suicide, actually.
00:41:28You tried.
00:41:29Couldn't go through with it.
00:41:30When you opened the door at approximately 10.15pm on April the 17th,
00:41:35where was Miss Brennan?
00:41:36On the floor.
00:41:37Doing what?
00:41:38Fastening her dress.
00:41:39What little there was left of it to fasten.
00:41:42And screaming, I think you said?
00:41:43Yes.
00:41:44Which you were able to hear before you opened the door.
00:41:47No, I wasn't.
00:41:48You heard nothing as you came up the stairs?
00:41:51No, I didn't.
00:41:52You said, in fact, you heard nothing as you came up the stairs.
00:41:55Nothing when you opened the door.
00:41:57But when you appeared in the doorway,
00:41:58your friend apparently found the presence of mind to start screaming.
00:42:01Well, I didn't get that impression.
00:42:03The opening of the door and hearing the screams were simultaneous.
00:42:06Or well-timed, perhaps.
00:42:09And then you say the defendant rushed past you and down the stairs?
00:42:12That's right.
00:42:13Were you able to stop him?
00:42:14Well, I didn't get much chance.
00:42:16How do you mean?
00:42:16Well, he didn't exactly hang about.
00:42:18And it was at this point,
00:42:20as he rushed past you to leave the room,
00:42:22that you recognised him as your ex-fiancé.
00:42:25Well, I thought he looked familiar, yeah?
00:42:26And promptly set your dog on him.
00:42:28He just tried to rape Lucy.
00:42:30Or so you deduced.
00:42:32Well, people don't scream for nothing, do they?
00:42:35Don't they?
00:42:36Well, it doesn't take a genius to work that one out.
00:42:39Anyway, Norman just went for him.
00:42:41You were a long time in calling him off.
00:42:43I thought he deserved all he'd got, if you must know.
00:42:46How could you possibly think that?
00:42:48You had no way of knowing what occurred before you arrived back at the house.
00:42:53Well, what I did see was a bloke jump off the floor,
00:42:55belt out the room,
00:42:56and Lucy, with a dress in tatters, screaming.
00:42:59So what am I supposed to think?
00:43:01We are not concerned here with what you thought,
00:43:04but with what you actually saw.
00:43:07And as you saw nothing until you opened the door,
00:43:10you must not encourage the jury to speculate
00:43:12on what occurred before the event.
00:43:15No, Your Honour.
00:43:15Are you aware that your dog inflicted some rather painful bruising
00:43:19to the defendant's legs?
00:43:20I wasn't aware, no.
00:43:22Did you not hear him cry out?
00:43:23He did, yeah.
00:43:25But since I didn't actually see Norman biting his leg,
00:43:28I wouldn't care to speculate about what he did.
00:43:31At what point did you and your friend
00:43:33hit upon the idea of compromising Mr. Morrison
00:43:35by alleging indecent assault?
00:43:37I'm not interested in compromising anyone.
00:43:40Did you tell Miss Brennan who her alleged assailant was?
00:43:43Well, I couldn't very well not, could I, under the circumstances?
00:43:46You mean she hadn't been aware before the event?
00:43:49Would she have gone out with him if she had?
00:43:51Had she not perhaps formed some preconceived notion
00:43:54of revenge on your behalf?
00:43:56She had no idea who he was when I told her she was appalled.
00:44:00Was she?
00:44:00Well, what else should she be?
00:44:01I suggest she might have been delighted.
00:44:04Delighted at the opportunity so neatly presented
00:44:06of striking a blow on your behalf against your ex-lover.
00:44:10Then why would she ask me if I minded her going ahead with the charges?
00:44:14She felt it was a very delicate situation.
00:44:16So delicate, in fact, that she, that you both,
00:44:19rushed headlong into making a series of false accusations.
00:44:22We did nothing of the kind.
00:44:23You were intent, were you not,
00:44:25on discrediting someone you both had reason to dislike.
00:44:28Lucy had nothing against him.
00:44:30On the contrary.
00:44:31She's already described to the court
00:44:33how deeply he offended her allegedly refined sensibilities.
00:44:36We both have far better things to do with our time
00:44:40than scheme up ways to discredit him.
00:44:42He needs no assistance for that.
00:44:44You, of course, have a deep-seated grudge against him.
00:44:47Not deep enough to make me go to all this trouble.
00:44:49A grudge, nevertheless.
00:44:54Any further questions, Mr Singleton?
00:44:56One or two, Your Honour.
00:44:57Well, Miss Coleman,
00:45:00may I ask you to clarify the circumstances
00:45:04of your parting from the accused?
00:45:07We were engaged.
00:45:08We lived in a flat in Pembroke Grove.
00:45:10He was seeing a couple of other women.
00:45:12During the period that he was engaged to you?
00:45:15Oh, yeah.
00:45:16But there was nothing unusual in that.
00:45:17I knew what went on.
00:45:19Anyway, that wasn't the reason for what happened.
00:45:21You see, er...
00:45:23Well, I came back in one night
00:45:24and he was on his way out with some birds.
00:45:26Said it was a business arrangement.
00:45:28Well, I said I was under no illusions
00:45:30of what sort of arrangement it was.
00:45:32Yes, but what exactly terminated the relationship?
00:45:35He did.
00:45:36I went to stay with some friends.
00:45:38But when I came back to the flat, I couldn't get in.
00:45:40Locks had all been changed.
00:45:42All my earthly possessions were in that place.
00:45:44So what did you do?
00:45:46Nothing much I could do.
00:45:48I went round to my mother.
00:45:49Found the flat had been cleared of all my stuff.
00:45:51Everything dumped with her.
00:45:52Plus a note from him saying it was all off.
00:45:55You mean the engagement was off?
00:45:57Everything.
00:45:58The lock finished.
00:45:59Your Honour, this accounts very little relevance
00:46:01to the facts of the case.
00:46:03Mr. Lytton, it appears to me that it was you
00:46:05who first brought up the question
00:46:08of Miss Coleman's relationship.
00:46:11Mr. Singleton is quite within his rights
00:46:13to clarify the details of a matter
00:46:16which you have already touched on.
00:46:18We can hardly expect Miss Coleman
00:46:20to be objective about her position, Your Honour.
00:46:22We can, I think, expect her to be
00:46:25as objective about her position
00:46:28as Mr. Morrison will be about his.
00:46:31The case of Brennan versus Morrison
00:46:48will be concluded tomorrow in the Crown Court.
00:46:51The end of the night is not the case.
00:46:53The end of the night is not the case,
00:46:54but the answer is not the case.
00:46:55It's something that I have to say
00:46:57and I am so happy to entertain
00:46:59and it can be seen before
00:47:01and it's not the case.
00:47:02It's a beautiful heart,
00:47:02but there is not a person
00:47:04to marry me.
00:47:06The case you're about to see is fictional, but the procedure is authentic.
00:47:27The characters are played by actors, but the jury is selected from members of the public.
00:47:32This is the third day of the trial in Fulchester Crown Court.
00:47:34Lucy Brennan has accused Edward Morrison of indecently assaulting her at her home following a dinner engagement earlier in the evening.
00:47:42Mr Morrison, how long have you worked as Promotions Manager for Fulchester Town Football Club?
00:47:48About two years.
00:47:50And before that?
00:47:51I ran an advertising agency.
00:47:53Are you involved in the organising of the Miss Fulchester Town Beauty Contest?
00:47:57A good deal, yeah. I set it going the first year I joined. Get a bit of decent publicity.
00:48:03What exactly is your involvement in the contest?
00:48:06I promote it, sell it, write the questions, chair the judges panel.
00:48:11Questions?
00:48:12Yeah, football questions. It's part of the policy.
00:48:15Each contestant must have a basic knowledge of football. You know, rules of the game, current affairs.
00:48:21All intellectual stuff, is it?
00:48:23Yes, indeed, Your Honor. You don't answer the questions, you don't get the prizes.
00:48:28Were you present at this year's contest on the evening of April the 16th?
00:48:32I was.
00:48:33Do you know who the winner was?
00:48:35Miss Brennan.
00:48:36She, I assume, had all her facts straight.
00:48:39Oh, yes. She had all the right answers, Your Honor.
00:48:42Did you meet Miss Brennan after the event?
00:48:45I made her acquaintance at the champagne reception after the contest.
00:48:49How did you come to be introduced to her?
00:48:51I heard she was looking for a couple of tickets for the England match.
00:48:54I happened to have a couple spare, so I wandered over and offered them to her.
00:48:59What happened after you presented the lady with the tickets?
00:49:02Well, it broke the ice. We got talking about football, contest, her degree.
00:49:08We seemed to have a lot in common. Of course, that might just have been the, er, bubbly.
00:49:13Oh, what sort of state was she in?
00:49:15Oh, she was pretty far out, looking pretty glazed by the time I got to her.
00:49:19And she had another couple of glasses while we were talking.
00:49:22How did the evening end?
00:49:25I asked her out for the following evening.
00:49:28We seemed to have a lot left to talk about.
00:49:30She said yes.
00:49:32Where did you arrange to meet?
00:49:34At the new Bengali Tandoori restaurant on Drummond Street.
00:49:38It was no big deal. Just a chance to get to know each other, you know, a quiet meal.
00:49:42So, what happened on the following evening?
00:49:45We picked up where we left off.
00:49:47Talked about job prospects.
00:49:50Told the England team to shreds. That's not difficult.
00:49:53Oh, we discussed, er, discussed her financial situation.
00:49:57She discussed her finances with you?
00:49:59Yeah, well, the subject got onto, er, grants.
00:50:02And, er, she told me she was working her way through college.
00:50:05Said she'd done a few modelling jobs in the past.
00:50:08I said I might be able to line something up for her, you know.
00:50:11Help her finish the course.
00:50:12Were you aware at any time that the complainant was not enjoying herself?
00:50:16That she was annoyed or bored?
00:50:19Seemed perfectly happy to me.
00:50:22She didn't go easy on the wine, either.
00:50:24Were you conscious of the fact that she found your behaviour arrogant and patronising?
00:50:28No, I wasn't aware of any such feelings.
00:50:30And if she did feel that way, she certainly didn't take offence until after we discussed how I could help her.
00:50:36What time did you leave the restaurant?
00:50:38About quarter to ten. Short and sweet.
00:50:41What happened then?
00:50:43I offered her a lift home.
00:50:46Where was your car?
00:50:48Parked at the club. About five minutes' walk away.
00:50:51Was your offer accepted?
00:50:52No.
00:50:53She said she didn't want to put me to any trouble.
00:50:56Said she'd get a taxi.
00:50:58I offered to call one for her because I couldn't very well leave her on the street.
00:51:02I mean, she could hardly stand up straight.
00:51:04Was she drunk?
00:51:06She'd had a few.
00:51:07So what did you do?
00:51:09Called a taxi.
00:51:11Took her home.
00:51:13Otherwise, she wouldn't have made it on her own.
00:51:15Now, what happened when you reached the house?
00:51:18I paid the taxi off and I showed her to her front door.
00:51:21Did she invite you inside?
00:51:23She asked me if I found her some coffee.
00:51:26And I said I could use a cup.
00:51:28I wasn't feeling too stable myself.
00:51:30What happened when you got inside?
00:51:33She went into the kitchen to make the coffee.
00:51:35She asked me to put her record on.
00:51:37Was there anyone else in the flat at the time?
00:51:39She said her friend had gone out for the evening.
00:51:42I asked if I could make a phone call.
00:51:44You know, ring the bloke about the job we talked about over dinner.
00:51:46This was the modelling job you mentioned?
00:51:48Yeah, that's right.
00:51:49But there was no answer.
00:51:50So I said I'd ring again later.
00:51:52She came back in with a coffee.
00:51:54She was in a good mood.
00:51:55Yeah, she said I had a good taste of music.
00:51:57Where did she sit?
00:51:59She sat on the other end of the settee.
00:52:02We started talking.
00:52:04Then she moved closer.
00:52:06Let me get this clear.
00:52:07Miss Brennan came and sat down next to you.
00:52:10On the same item of furniture, yeah.
00:52:13Give or take a few cushions.
00:52:15And we started talking.
00:52:16Then we moved closer together.
00:52:18Both of you?
00:52:19Oh yeah, it was a two-way thing.
00:52:21So, there you were, sitting together, relaxed on the settee.
00:52:24What happened next?
00:52:25Well, she started asking the odd question.
00:52:28You know, like, did I have anyone to go home to?
00:52:32You know, did I have to get up early?
00:52:33You know, that sort of thing.
00:52:35I mean, I knew what she was getting at.
00:52:37Perhaps she was hinting that you should leave.
00:52:39No, no, Your Honour, no.
00:52:41I can read the signs.
00:52:43And the signs were positive.
00:52:46Are you saying that you made advances to Miss Brennan?
00:52:49Well, you could put it that way.
00:52:52Well, how would you put it, Mr. Morrison?
00:52:56Well, I kissed her.
00:52:59Anything else?
00:53:01I undid the buttons of her dress.
00:53:03Did you put your hand down the front of her dress?
00:53:06No, I didn't think it was necessary at that point.
00:53:09Did Miss Brennan attempt to repel you?
00:53:12Did she ask you to stop?
00:53:14Quite the opposite.
00:53:17That is until the door bursts open and we realise we had a visitor
00:53:20and then it's all outrage modesty
00:53:22and screams enough to bring the roof down.
00:53:24Miss Brennan alleges you ripped the buttons off her dress.
00:53:27I did not.
00:53:29Did you do anything to the dress?
00:53:30I undid the buttons, yes, but with her consent.
00:53:32I don't go in for acts of vandalism.
00:53:34Did you pull the skirt of the dress up to Miss Brennan's waist?
00:53:37No, I did not.
00:53:38She alleges that you tore the dress?
00:53:41It wasn't torn when I left that room.
00:53:44Why did you leave the room?
00:53:46I didn't have much choice, did I?
00:53:48I mean, I knew there'd been a change of feelings.
00:53:51And when I saw who was backing her up, I knew what sort of chance I'd stand.
00:53:54Who are you referring to?
00:53:56Felicity Coleman.
00:53:57Your ex-fiancée?
00:53:58That's right.
00:54:00Were you aware that she was a friend of Miss Brennan's?
00:54:03No, hadn't seen her in four years.
00:54:06On what terms had you parted?
00:54:08Not good.
00:54:09Well, to be precise, fairly amicable.
00:54:12But Felicity took it into her head to follow up with a spate of threats and abusive letters.
00:54:16You received abusive letters from Miss Coleman?
00:54:19In person.
00:54:20Do you still have any of these letters in your possession?
00:54:24No, Your Honour, I burnt them.
00:54:26What happened when you left the room?
00:54:28I ran down the stairs with a dog after me.
00:54:31You were running down the stairs?
00:54:33No, I was when I saw that dog was after me.
00:54:35What did it do?
00:54:36It attacked my leg.
00:54:38She set it on me.
00:54:39Felicity.
00:54:40Did she call it off?
00:54:41I had to kick it off.
00:54:42She was yelling it on.
00:54:44And then what happened when you'd released yourself?
00:54:47Left the house, got a taxi, went home.
00:54:50And tried to call Lucy.
00:54:52What for?
00:54:53Well, I wanted to find out what had happened, you know.
00:54:55Get an explanation.
00:54:57And was she able to offer one?
00:54:59No, the phone was off the hook.
00:55:01I tried about six times.
00:55:03Eventually I gave it up as a bad job.
00:55:05Had a couple of drinks.
00:55:07Went to bed.
00:55:08Where I was woken up at God knows what hour.
00:55:12And charged with indecent assault.
00:55:15What was your reaction to the charge?
00:55:17Incredulity.
00:55:18I could not believe what was happening.
00:55:21At the very most, there'd been a change of heart.
00:55:26I knew who I had to blame for that police escort.
00:55:29Mr Morrison.
00:55:30Do you have many lady friends?
00:55:33Quite a few, yeah.
00:55:35What would you say to the suggestion that you misread Miss Brennan's intentions?
00:55:40No, there was no question of misreading anything.
00:55:43With all due respect to the little lady, there was nothing coy about her.
00:55:47Are you saying that she was a willing participant to everything that occurred?
00:55:51Oh, more than willing, yeah.
00:55:53Look, to be frank, I wouldn't have asked her out if she hadn't have been.
00:55:56I have better things to do with my evenings.
00:55:58Was that in fact the purpose of your evening?
00:56:00No, no, not purpose, no.
00:56:02I wanted to get to know her, you know.
00:56:04Have a nice evening with her.
00:56:05But I didn't rule out the possibility of spending the night with her.
00:56:08She wasn't shy about it.
00:56:10I knew that as soon as I saw her out there on the catwalk.
00:56:13You knew that?
00:56:14Oh, yeah.
00:56:15She had the look, the walk, the manner, you know.
00:56:17She had that way of giving you the come on without actually saying anything.
00:56:20You know, judges like that.
00:56:22I find it very flattering.
00:56:24Needless to say, she won.
00:56:26And she was just like that after the contest.
00:56:28Over everyone.
00:56:29Over everyone?
00:56:31Could have been anybody's.
00:56:33Is it possible that you could have been mistaken in Miss Brennan's character?
00:56:37In her attitude, her intentions?
00:56:40No, it's what I'm trying to say.
00:56:43I mean, she's no better or worse than the rest of the women on the circuit around here.
00:56:47It's just now she pretends she is.
00:56:49Do you make generalisations about all the contestants in this type of event?
00:56:55What I'm trying to say, Your Honor, is that in my experience, the morals of the women on the circuit around here are just about zilch.
00:57:05Hmm?
00:57:06Nil.
00:57:07What was there to suggest that the young lady you met and took out for dinner that evening was any different?
00:57:13Nothing.
00:57:16One final question, Mr. Morrison.
00:57:18Have you any previous convictions?
00:57:20No, none.
00:57:21Well, thank you, Mr. Morrison.
00:57:22Mr. Morrison, may I ask you to clarify your assumption that if a girl stands up on a platform in a bikini,
00:57:43it necessarily follows that she should be willing to remove her clothes at the request of the first man who asks her.
00:57:54No, what I said was that the women on the circuit around here aren't usually too hot on personal morals, in my experience.
00:58:08In your experience, Mr. Morrison?
00:58:10That's right.
00:58:12Is it not possible that your experience is at fault here?
00:58:17I don't think so.
00:58:19Are we to suppose that because you have not met any women of high morals, that none exists?
00:58:27Well, let's face it.
00:58:30She gets up there, right?
00:58:32Vital statistics on show to all and sundry.
00:58:35A little late to get coy, right?
00:58:37When someone wants a closer look.
00:58:40I don't follow your train of reasoning, Mr. Morrison.
00:58:43Look, she's up there, right?
00:58:45Allowing herself to be judged on her attributes.
00:58:49Not the retiring sort, is it?
00:58:54And how does that behaviour suggest a deficiency of morality?
00:58:59It does in some cases.
00:59:01And does a lack of morality deprive a person of their right to say no?
00:59:08Didn't say no.
00:59:10She said yes.
00:59:11Didn't say anything.
00:59:13Perhaps because she had hoped there would be no need to say anything.
00:59:17I didn't ask her.
00:59:18There was no need.
00:59:20She's perfectly happy to let things carry on as they were.
00:59:24That is until Felicity appears on the scene.
00:59:26And I suggest to you, Mr. Morrison, that she didn't say anything because she hadn't realised
00:59:33what situation she was being forced into.
00:59:36And now she says she was forced.
00:59:38Miss Brennan alleges that she gave you very clear warning of her intentions towards you.
00:59:43That's her interpretation of the events.
00:59:46Are you saying you didn't touch her?
00:59:48Of course I touched her.
00:59:50Indecently?
00:59:51With her consent.
00:59:53She alleges that you forced yourself on her.
00:59:56I say otherwise.
00:59:59The bruises contradict you.
01:00:14That's ridiculous.
01:00:15Are you able to offer some explanation?
01:00:20Love-bites.
01:00:22I beg your pardon?
01:00:25I said love-bites.
01:00:28Did you assert that these marks are love-bites?
01:00:32Well, we did get carried away a bit, you know.
01:00:36I get something of an understatement in view of the evidence of this photograph.
01:00:41Have you got anything to say, Mr. Morrison?
01:00:43No, Your Honour.
01:00:44I've already given my explanation to the courts.
01:00:46Very well.
01:00:47Continue, Mr. Singleton.
01:00:49Mr. Morrison, were you not aware that your attentions were not reciprocated?
01:00:54Not only were they reciprocated, they were invited.
01:00:57Were they, Mr. Morrison?
01:01:00Was it not the case, in fact, that you accosted Miss Brennan as she was sitting on the settee?
01:01:07No.
01:01:08That you molested her?
01:01:09No, molest suggests an unwillingness to participate.
01:01:11And that despite her attempts to prevent you, you showed not the smallest inclination to desist.
01:01:18That you dragged her to the floor, pinned her there, and in so doing, caused bruising to her neck.
01:01:24Further, that you tore her dress.
01:01:27And had you not been prevented by the timely entrance of her flatmate, your attack might have had even graver consequences.
01:01:35Mr. Singleton, may I remind you once again that speculation of what might have happened is not relevant here.
01:01:43No, Your Honor.
01:01:44Mr. Morrison, you say you heard the door open and then turned to see Miss Coleman standing in the entrance?
01:02:00That's right.
01:02:01You immediately fled without a word, leaving Miss Brennan in a state of shock.
01:02:08She was hysterical.
01:02:10Why the guilty and precipitate departure?
01:02:13Couldn't you have stayed to explain?
01:02:16A little difficult to explain with a dog savaging your leg.
01:02:20Are you saying that the dog attacked you?
01:02:23Yes, I am.
01:02:25Are you sure that you didn't encourage it in some way by attempting to stroke it or pat it?
01:02:31No, I did not encourage it.
01:02:34And, of course, the very fact that you were there, alone, defenseless, as you very well know,
01:02:40might lead one to suggest that you were in part responsible for what happened to you,
01:02:45that you perhaps incited the dog to attack it.
01:02:48No, I did not incite.
01:02:49I did not encourage.
01:02:51And, of course, no one is in a position to contradict you, Mr. Morrison, are they?
01:02:58Since no one actually saw the dog make contact with you.
01:03:02You take it from me, it did.
01:03:04I had cuts and bruises on my leg to prove it.
01:03:07And did those cuts and bruises look like love bites too, Mr. Morrison?
01:03:13You reported them, of course.
01:03:15No, I didn't.
01:03:16No, I didn't.
01:03:17Oh, why not?
01:03:19It's common procedure to report dog bites to the police and the doctor.
01:03:23I didn't think it was necessary.
01:03:25Was that perhaps because the bites never existed?
01:03:30No, it was because I didn't feel I should take matters any further.
01:03:35Unlike your victim, who did.
01:03:42So I dropped him off in the corner of Maypole Grove, turned back along Drummond Street.
01:03:47And just as I was approaching the new Bengal Tandoori place, this silly bugger jumps out.
01:03:52I beg your pardon, Your Honour.
01:03:54Into the middle of the road.
01:03:56So I stopped.
01:03:57He gives us the address.
01:03:58This girl gets into the back and he shoots in after her.
01:04:01Was the person, Mr. Edward Morrison, the man you see before you now?
01:04:05Yes, it was.
01:04:06I had known him before, of course.
01:04:08We got a lot of calls from the ground, you know.
01:04:10Pick up some of the lads when I've had a few too many.
01:04:13I've taken him home a few times and him not remember it.
01:04:16Yes.
01:04:17Was the lady the same one you see here today?
01:04:19That's right.
01:04:20I never forget her face.
01:04:22And on the evening of the 17th, did you notice any reluctance on her part to get into the taxi?
01:04:28Positive haste, in fact.
01:04:30Did Mr. Morrison or the lady speak to you during the journey?
01:04:34Only to give directions.
01:04:35And did you speak to them?
01:04:37That would have gone down well, wouldn't it?
01:04:40In what way?
01:04:41With them two going at it in the back there.
01:04:44Would you qualify going at it, please, Mr. Marks?
01:04:48Well, you know, whispering in that.
01:04:52Entwined round each other in the corner of the back seat.
01:04:55Kissing each other.
01:04:56Cuddling.
01:04:57Prolonged silences.
01:04:59That sort of thing.
01:05:00I've been around long enough to know that there's times when a bit of conversation won't be welcome.
01:05:05What happened when you arrived at 19 Alverston Drive?
01:05:09She gets out, the girl.
01:05:11He gets out, pays me.
01:05:13Says goodnight.
01:05:14And they both go into the house.
01:05:16Who went in first, did you notice?
01:05:18She was up the steps first.
01:05:20He was still paying me.
01:05:22And after he'd paid you and followed her up the steps, did you notice anything to suggest that his presence there was unwelcome?
01:05:29Not at all.
01:05:30She was waiting for him at the top of the steps.
01:05:33If he was unwelcome, she had time to shut the door.
01:05:36And did you see them go into the house together?
01:05:39No.
01:05:40As a matter of fact, I was still trying to find my tip.
01:05:44Thank you, Mr. Marks.
01:05:45Will you wait there, please?
01:05:47Mr. Marks, are you in the habit of watching what is going on in the back of your car when you should be paying attention to the road in front?
01:06:02Here.
01:06:03Now, listen.
01:06:04I'm an advanced motorist, me.
01:06:06The road is my first priority.
01:06:09Then, how were you able to tell that they were going at it, as you put it?
01:06:15Well, through the back mirror.
01:06:17The odd glance.
01:06:18But you couldn't actually see anything, could you?
01:06:22Well, it's...
01:06:23If your eyes were on the road ahead, and there was no light on in the back of your car?
01:06:30Yeah, but it doesn't take much imagination.
01:06:35Ah.
01:06:36But you see, we are not concerned with imagination here, Mr. Marks.
01:06:42It is the facts which interest us.
01:06:47And the fact is that you couldn't see what was going on in the back of your car.
01:06:53You simply conjecture.
01:06:55Yeah, but like I say, there was whisperings.
01:06:57From whom?
01:06:58Morrison or Miss Brennan?
01:07:00It was Mr. Morrison I could hear.
01:07:02And how is the fact that he was whispering conclusive to your theory?
01:07:07Followed by long silences.
01:07:09And what do you suggest was going on?
01:07:14Well, what usually goes on in long silences.
01:07:17But it is just possible, is it not, Mr. Marks, that there were long silences?
01:07:24Because Miss Brennan had absolutely nothing she wanted to say to Mr. Morrison.
01:07:30Well, it's possible, yes.
01:07:33But could you actually hear anything that was said between Morrison and Miss Brennan?
01:07:38What was the tenor of their conversation?
01:07:40Well, I didn't manage to catch anything specific.
01:07:43Did you manage to catch anything at all?
01:07:47Well, not exactly, no.
01:07:51Well, then in that case, the greater part of your evidence is purely speculation.
01:08:02You heard nothing and you saw even less.
01:08:06You simply jump to conclusions.
01:08:08Ladies and gentlemen of the jury, in these sort of cases there are really only two people
01:08:19in a position to tell us what actually happened.
01:08:23And since in the present case their versions of the event contradict each other so forcibly,
01:08:31clearly one of them is not telling the truth.
01:08:36I am bound to tell you that the burden is on the prosecution to prove the guilt of the accused.
01:08:43Therefore, consider very carefully all the evidence available to you.
01:08:50You must be satisfied so you are sure that the accused is guilty as charged.
01:08:58In other words, that his actual physical contact with the complainant was of an indecent nature
01:09:06and was carried out against her will.
01:09:11There is no evidence to suggest that Miss Brennan knew of her friend's former relationship with the accused
01:09:18before the alleged assault took place.
01:09:21And therefore, that information can have no bearing on why or whether that assault may have occurred in the first place.
01:09:32Your concern is solely with the charge of indecent assault.
01:09:40Will you now retire and elect yourself a foreman to speak for you and consider your verdict?
01:09:50All stand.
01:09:52Members of the jury, will your foreman please stand?
01:10:04Just answer the question, yes or no.
01:10:07Have you reached a verdict upon which you are all agreed?
01:10:09Yes.
01:10:10On the charge of indecent assault, do you find the accused guilty or not guilty?
01:10:15Not guilty.
01:10:16And is that the verdict of you all?
01:10:17It is.
01:10:18Mr. Morrison, you are free to go.
01:10:23Your costs will be reimbursed out of public funds.
01:10:28All stand.
01:10:29All stand.
01:10:30All stand.
01:10:31All stand.
01:10:32So if it is.
01:10:33If it is charged, you will appear to accept all beings but it is aware of nothing andlation from him.
01:10:35The��다 of 21 and
01:10:40the latter