- 2 days ago
Ruth Wilkins (Mary Peach), a local Fulchester doctor has brought a private prosecution against two pop singers, John Barnard (Paul Freeman) and Julie Gilmour (Geraldine James), who are charged with publishing a blasphemous libel, commonly known as blasphemy.
Richard Caldicot returns as the somewhat acerbic Justice Rider. Michael Denison, best known for his appearance in "The Importance of Being Earnest" stars as the defence counsel. Geraldine James has gone on to a prolific film and television career, but is known for her role in "The Jewel in the Crown". Nicholas Le Provost (Tony Hodgson) may be recognised for his role in "The Ghosts of Motley Hall" amongst other roles. Mary Peach (Dr Wilkins) was known as appearing in the Patrick Troughton Doctor Who adventure "The Enemy of the World", the episodes of which were lost for almost 50 years and were rediscovered in 2013.
Richard Caldicot returns as the somewhat acerbic Justice Rider. Michael Denison, best known for his appearance in "The Importance of Being Earnest" stars as the defence counsel. Geraldine James has gone on to a prolific film and television career, but is known for her role in "The Jewel in the Crown". Nicholas Le Provost (Tony Hodgson) may be recognised for his role in "The Ghosts of Motley Hall" amongst other roles. Mary Peach (Dr Wilkins) was known as appearing in the Patrick Troughton Doctor Who adventure "The Enemy of the World", the episodes of which were lost for almost 50 years and were rediscovered in 2013.
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TVTranscript
00:00:00the case you're about to see in the characters portrayed are fictional but the procedure is
00:00:12legally accurate the characters are played by actors but the jury is selected from members
00:00:17of the general public i've given careful considerations charles to your submissions
00:00:22and equally mr willard your objections particularly concerning the relevance of some of the evidence
00:00:27of sir charles which is the jury to hear the accused are charged with committing the offense
00:00:32of publishing a blasphemous library the offense of blasphemy ignoring the case of regina versus gay
00:00:39news and i would advise you both that arriving at my conclusions i have ignored that case as it is
00:00:44the subject of an appeal hearing i reject the defense submission to call expert witnesses to
00:00:50demonstrate that the words complained of are true it is no defense with regard to the crime of blasphemy
00:00:55to prove that the words complained of are true or that their publication was for the public benefit
00:01:01i reject this submission as the law stands at present expert witnesses may not be called
00:01:08when the charge is one of blasphemy i am however prepared to allow evidence from either side
00:01:14which goes to prove or disprove that this song rage those
00:01:20our gentlemen since we have been in argument and debate for the past four hours i think it is high
00:01:26time this case began let us swear in the jury and make a start
00:01:29as a result of his lordship's ruling you will have benefit of considerable testimony to assist you
00:01:39but at the end of the day the decision will be yours and yours alone you each have a copy of this song
00:01:46and i venture to submit that when you retire to consider your verdict you will arrive at the conclusion
00:01:51one might say the inescapable conclusion that the words complained of are blasphemous
00:01:57and that the defendants are guilty as charged
00:02:01now with your lordship's permission i will call the first witness
00:02:04i call dr ruth wilkins
00:02:07dr ruth wilkins
00:02:14what is your religion i'm a member of the church of england
00:02:28take the bible in your right hand and read aloud the words on this card
00:02:30i swear by almighty god that the evidence i shall give
00:02:34shall be the truth the whole truth and nothing but the truth
00:02:37you are dr ruth wilkins of three thorley grove fullchester yes and you are a medical doctor
00:02:45i'm a general practitioner are you married yes i am how long have you been married nearly 19 years
00:02:51and would you describe it as a happy marriage yes i would a very happy marriage well while i'm sure
00:02:57the jury will join me in congratulating dr wilkins on her happy marriage i think we would like to know
00:03:02what bearing this has on the real issues of this trial my lord i'm anticipating a particular line
00:03:07the defense may take really yes my lord thank you sir do you have any children dr wilkins yes i have a
00:03:15boy of 15 and a girl of 13. now i would like to come to the events that led to this prosecution
00:03:20events that occurred on the the afternoon of saturday july the 23rd last year would you tell my
00:03:27lord and the jury in your own words what happened that afternoon well there was going to be
00:03:32a pop concert at fullchester central park the children wanted to go so stephen and i decided
00:03:38to take him would stephen be your happily married husband yes my lord please continue dr wilkins
00:03:44the uh main attraction we for those two people in the dock the defendants john barnard and julie
00:03:52gilmore yes yes that's right i mean there were other singers and groups performing but the majority
00:03:57of people had come to see them were there many people in the park oh it was packed i think
00:04:02i think the police estimated there was well between 15 and 20 000 people the final act
00:04:08that was mr barnard yes singing and playing with his group when he finished everybody stood up and
00:04:16cheered for on cause hundreds of people standing and shouting for more songs then he called miss
00:04:24gilmore onto the stage and they sang that blasphemous song dr wilkins we have yet to establish that the song is blasphemous that is why we are here your personal feelings and beliefs are one thing and i have no objection to you expressing them
00:04:36you understand i wish to be fair i'm grateful for that my lord i meant to the defendants dr wilkins your views on whether or not this song is blasphemous will carry no lesser or greater weight than any other person giving evidence continue mr willard
00:04:52continue mr willard no thank you my lord the song you refer to is entitled such is the kingdom of heaven
00:04:59yes it is yes could the witness be shown exhibit one
00:05:02thank you are those the words they sang on the afternoon of saturday the 23rd of july last year
00:05:15yes yes they are what were your feelings when you heard those words being sung
00:05:21it was something uh something akin to mental rape i was very upset and appalled
00:05:29and then i'm afraid i i became very angry what did you do i tried to find a policeman as quickly as i could
00:05:36there were plenty about because at the pop concert i complained to him about the song i asked him to
00:05:42arrest the defendants for singing an obscene song he said if i had any complaints to make i should go to the
00:05:48uh central row police station and make a complaint to the death sergeant and that is what you did
00:05:55no no firstly i went backstage and confronted the two defendants why did you do that well i felt
00:06:03something had to be done at once while there were still young people shouting for them to sing more
00:06:08songs i spoke to mr bernard i told him how angry and upset i was that he'd sung such a song
00:06:16i asked him to go to the microphone and to apologize publicly for singing such a song
00:06:23he was very rude very very offensive and i was hustled away by his road managers
00:06:30road managers mr willard oh yes my lord road managers are employed by pop stars one of their
00:06:38functions is to keep people away from the stars curious profession presumably if they were entirely
00:06:43successful the stars would no longer be starved indeed so my lord i'm beginning to wish we'd
00:06:48stayed with the witnesses happy marriage uh did you then leave the scene of the pop concert
00:06:54yes i went directly to the police station now without telling us what was said to you at the station
00:06:59what uh action did you subsequently take well i initiated a private prosecution
00:07:06charging the two defendants with publishing blasphemous libel why did you do that dr wilkins
00:07:12because the police were not prepared to do so because i'm a churchgoer because i believe in god
00:07:18and i believe in jesus christ and i couldn't stand by why the beliefs that i and millions like like me
00:07:25the whole sacred were insulted and vilified because i had to thank you very much dr wilkins
00:07:33usher if you would relieve the witness of that exhibit please
00:07:36now just a moment i'd like exhibit one handed back to dr wilkins please
00:07:44do take it please doctor but um well i've already verified that these are the words i heard on that
00:07:52saturday my lord i think counsel for the defendants may wish to examine you on the contents of that
00:07:59song he may wish to take you through it word by word now he can't do that unless you have a copy can
00:08:05as this lord was indicated i shall shortly wish to question you about the content of the song
00:08:13uh tell me dr wilkins uh are you a supporter of an organization called the festival of light
00:08:20with respect my lord that is surely totally irrelevant my lord will you hear me on this
00:08:24certainly mr charles i find it curious that my lonely friend should object to such a question the
00:08:28very first question that i put to the witness we've heard this lady questioned about
00:08:34her happy marriage her children her church going her religious beliefs beliefs that she stated are
00:08:40shared by millions of people in this country i assume that my lonely friend considered all that
00:08:46information relevant i know i did he surely cannot object if i follow up the very line of questioning
00:08:54that he instigated no he cannot thank you my lord well doctor yes yes i am a supporter of the
00:09:01organization called the nationwide festival of light now the festival of light have expressed views
00:09:07opinions on a variety of subjects uh tell me uh are there any areas of disagreement between your views
00:09:14and theirs well i wouldn't think i'd agree with every word they say but um on the basic issues yes i do
00:09:21endorse their views the basic issues you therefore disapprove of homosexuality yes i do now early last year
00:09:28the festival of light submitted a report to the criminal law revision committee urging that the
00:09:34age of consent for homosexual practices should be raised from 21 to 24 would you agree with that
00:09:39recommendation yes yes i would you see i think the vulnerability of our young should be protected
00:09:46and i also think that the number of potential deviance would be reduced if the age of consent were raised
00:09:52would you perhaps like to see homosexual practices once more made completely illegal yes i would
00:09:59why dr wilkins
00:10:02look i'm not trying to evade that question but i can't possibly give you a full answer here and now
00:10:09you should come to my surgery and spend a week with me there listen to the confused frightened
00:10:16teenagers i listen to discuss with the parents the wrecked and warped lives led by young men who lead
00:10:23homosexual lives see the damage sometimes irreparable that happens to a young man who leads a so-called gay
00:10:32life i assure you charles it's nothing gay about it misery and a continual misery of better description
00:10:40oh right maybe i am old-fashioned maybe i do believe in christian values but they work for me
00:10:47and they work for the other supporters of the festival of light in keeping with those other supporters
00:10:53would you like to see stronger laws of censorship in the cinema the theater advertising broadcasting
00:10:59literature yes i would what all of them yes yes i would
00:11:04do you believe that the sexual education films in use in the schools in this country should be banned
00:11:14i believe that some of the films and pictorial material shown in our school material if it was
00:11:20shown to the general public would be liable to prosecution should be banned this country is riddled
00:11:27with moral pollution we need new laws to clean up our society can you seriously suggest that your
00:11:34organization is the one to tackle the job well i think we've got a very valuable contribution
00:11:42oh i see sir charles you're amused now i wonder if this would amuse you last year at the national
00:11:50film theater in london there was a film shown depicting a man copulating with a pig
00:11:56later on the same man tried to commit suicide by eating his own excrement does that amuse you
00:12:14with a pig did you say doctor yes my lord you sure it was a pig yes my lord what was the title of this
00:12:21film ready you trough how many members are there in the festival of light well none what i mean there's
00:12:33a small committee there's a staff but it's not an organization that you can join how then does one
00:12:40judge the measure of support it enjoys with the general public well by the size of their rallies i think
00:12:46would be a good yardstick in 1971 there were 35 000 people in trafalgar square and later that evening
00:12:55in hyde park 80 000 people attended a service for christian dedication those figures are festival of
00:13:01light estimates are they not yes they are some press figures for your more recent rallies are rather
00:13:08more conservative for example the 1976 rally would i be right in saying that the bbc's uh estimate for
00:13:15the attendance was 5000 well that's their estimate we disputed now as i understand it dr wilkins um apart
00:13:24from the uh areas we've already covered uh the festival of light is also opposed to any attempts to
00:13:30legalize euthanasia yes to abortion to abortion on demand and it would like it made more difficult
00:13:38to obtain a divorce yes you see i think that i well in the case i think it is for the jury to see
00:13:44dr wilkins i think the witness might be allowed to qualify her answer sir charles what are you going
00:13:50to say well if i just give a bold yes or no to a question like that i think it i think it's misleading
00:13:57take divorce for example well in this country each year there are about well about a hundred and twenty
00:14:04thousand divorces involving an estimated a hundred and fifty thousand children now the damage that
00:14:11those figures indicate is is beyond comprehension well we want to prevent that damage by asking the
00:14:19law to make it more difficult to obtain a divorce yes i see miss charles are you a supporter of mary
00:14:26whitehouse yes mary whitehouse my lord is the honorary general secretary of an organization that began
00:14:33life as the cleanup tv campaign and is now known as the national viewers and listeners association
00:14:39my lord are we now to be subjected to an examination of mary whitehouse i really don't know mr willard
00:14:45would you have any objections if we are well my lord i was under the impression that these were the
00:14:49two people on trial not the festival of light and mary whitehouse i think your impression is correct
00:14:54it seems to me my lord that the defense council is is is trying to build a defense from pieces of
00:14:59straw by dragging into this trial irrelevant information you object to these questions on
00:15:04the ground to be ready i do my lord child well i can only repeat what i said before i'm merely following
00:15:10up a line of questioning uh instigated by my learned friend this witness initiated this trial
00:15:17she received permission uh judicially to circumvent a magistrate's hearing and bring her prosecution
00:15:24directly to this court her motives her attitude her views are of paramount importance to this trial
00:15:32indeed it is because of her views about my client song that we are all here today
00:15:37i do not think that the information that has so far been given to the jury can be described as matters
00:15:43of straw one man's blasphemy is another man's work of art i am seeking to establish the thinking the
00:15:51reasoning that has brought this witness to the conclusion that my client song is blasphemous
00:15:58to establish whether this prosecution was brought frivolously this lady is the self-appointed spokesman
00:16:06of millions of silent christians who would allegedly be outraged if they heard this song my lord i
00:16:14submit that my clients have a fundamental right to have these questions put to the witness and i must
00:16:18agree mr willard in my view the defense have every right to ascertain exactly how reasonable the
00:16:25witness is or why she considered this song blasphemous the information so far elicited is highly pertinent
00:16:31to this issue would this song offend a reasonable christian a christian on a clap mornibus to paraphrase
00:16:39a well-known piece of judicial wisdom it would appear to me that sir charles is attempting to discover
00:16:45as i said before exactly how reasonable this witness is as your lordship please i believe you
00:16:51were about to question the witness about mrs mary whitehouse yes i was well i'm grateful then are you
00:16:57a member of that organization yes i am now i have over the years seen many claims about its size
00:17:03and number of members can you give me an exact figure no i'm afraid i can't give you an exact figure
00:17:09i believe it's somewhere between well a million million and a half oh really uh my lord i would
00:17:15like to submit this uh newspaper cutting as exhibit two i have a copy from the lonely friend any objections
00:17:20mr without no my lord uh the exhibit as you will see dr wilkins is a copy of an article in the times
00:17:29newspaper published on the 31st of october 1977 and among other details it gives the membership figure as
00:17:3631 000. it's a bit short of a million and a half isn't it are you aware that the campaign for real
00:17:42ale has almost as many members really my lord i i withdraw the question now as a member of uh
00:17:48mrs whitehouse's organization do you find yourself in agreement with the various uh comments and uh
00:17:55protests that she has made over the years well naturally otherwise i wouldn't be a member of her
00:18:00organization no no no of course now could we turn please uh to the song entitled such as the kingdom
00:18:08of heaven i would like to go through it with you to establish exactly what your objections are
00:18:18so do pick it up doctor it won't bite
00:18:20now the first verse what are your objections to that anything there that you find obnoxious to your
00:18:32religious beliefs in the first verse the four lines containing the sexual references to god and the
00:18:41virgin mary i find disgusting i object to all of it i find the whole song outrageous oh well let us take
00:18:53the second verse the second verse is i understand known as the middle eight because it has a different
00:18:58rhythm or meter from the rest of the song oh my lord with your permission i would like to read it aloud
00:19:03yes you may sir charles i am i would warn the gentlemen of the press who are present
00:19:07that the law of libel amendment act of 1888 does not authorize publication of any portion of
00:19:13allegedly blasphemous matter that is the subject of court proceedings i am not of course instructing
00:19:18you that you may not report this uh this song in your reports of this trial merely pointing out to
00:19:25the perils of doing so very well in the middle eight suffer little children to come unto you christ how
00:19:34they suffer they suffer in scores in saigon and hanoi in dozens of wars in uganda in belfast in cape
00:19:43town in greece they die in their thousands while you reign in peace such as the kingdom of heaven such
00:19:50as the kingdom of heaven does that outrage you dr wilker of course i've got of course i've got no
00:19:58objection for him attacking the cruelty of war and the suffering of children but to say as he does in
00:20:05that verse that jesus christ is indifferent to that suffering that in my opinion is blasphemous
00:20:14well the next verse you died to redeem us oh christ what a waste blasphemer blasphemer repent not in
00:20:23haste it wasn't your legs but your ego that tripped on the calvary march when your crucifix slipped
00:20:32that's so wicked so evil so so appalling he's talking about the son of god the son of god
00:20:44the crucifixion of our lord is held by millions millions of people throughout the world
00:20:49as a divine sacred inspirational act he dismisses it derives it
00:21:01i've not brought up two children to have them exposed to obscenities like that
00:21:08the permissives feel that they have a right to impose upon the rest of us the majority of us
00:21:13anything that their sick minds can conjure up pornography obscenities deviations of all kind run
00:21:21right in this country completely unchecked
00:21:25christian values and ethics are now no longer just considered old-fashioned the permissives wish to
00:21:33destroy them the christian faith has not lasted for nearly two thousand years to be ridiculed by a
00:21:43pop singer
00:21:46no i'm not fighting to protect my children from this filth i am fighting to destroy it
00:21:55yes well it is up to the jury to see how far you succeed in that destruction now the last verse
00:22:02god is dead we are told by the scribes who are here
00:22:05well if that is so we have nothing to fear an end to our hurt and an end to our pain
00:22:12what's that you say mary's pregnant again
00:22:18you're quite right sir charles it's up to the jury to decide
00:22:22i've nothing more to say about that song no well you've already said a good deal you described it
00:22:27as filthy you described it as obscene wicked evil disgusting you said it was blasphemous and outraged
00:22:33your christian beliefs and yet i put it to you dr wilkins that at that concert that you attended in
00:22:38fullchester park where this song was sung by the defendants the song was demanded by many thousands of
00:22:45that audience that they stood there chanting calling out for my clients to sing this song and that
00:22:50further among those people standing there shouting and demanding that they sing such is the kingdom of
00:22:56heaven among those people was you that you stood calling out to the stage calling out to my clients to
00:23:03sing this song that's that's a lie
00:23:17join us again tomorrow when the case of the queen against bernard and gilmore will be resumed in the crown court
00:23:47the case you're about to see in the characters portrayed are fictional but
00:24:08the procedure is legally accurate the characters are played by actors but the jury is selected
00:24:14from members of the general public as a result of a song performed at a fortress of pop concert
00:24:19ruth wilkins a local doctor has brought a private prosecution against the singers john barnard and
00:24:25julie gilmore they're charged with publishing a blasphemous libel commonly known as blasphemy
00:24:31they've pleaded not guilty yesterday we heard from dr wilkins about the events at the concert
00:24:37we rejoin the trial as a local anglican vicar the reverend walter a witness for the prosecution
00:24:42is about to give evidence that's correct i've been vicar at st john's for some four years do you
00:24:51have a youth center at the church yes we do a very active one could you briefly describe some of the
00:24:56activities of that youth center well there are the usual activities such as table tennis dancing drama
00:25:06organized outings then we run some uh discussion groups and a volunteer group to help the aged in
00:25:13the area i would like to question you about a particular discussion group that took place on the
00:25:1825th of july last year do you recall that particular one i most certainly do what would be the age range of
00:25:24the young people in that discussion group 13 to 19 our teenager group well lord i'd like to make an offer
00:25:31to my learning friend really and what would that be i'm prepared to waive the hearsay rule with respect
00:25:36to this witness you are well i i realize my learning friend would like to question the witness about
00:25:42exactly what was said at that discussion group in order to do this it would be necessary for him to
00:25:47call a number of the young men and women who took part in order to corroborate the reverend gentleman's
00:25:52version now i no objection to this of course i merely want to save the court's time but having read
00:25:58mr walter's original deposition i am perfectly confident that his evidence alone can give a fair
00:26:05and adequate gist of what was said that's a very handsome officer charles and what do you say mr willard
00:26:11i accept it my lord it does mean that a number of potential witnesses can be released
00:26:16may i express my gratitude to my learning friend you um you might be wondering what all that was about
00:26:22normally this witness would not be allowed to give evidence about what other people said in that
00:26:27discussion group in this case however that rule has been waived well i'm obliged my lord mr walter
00:26:35what was the topic of conversation on the evening in question well we had planned to discuss the
00:26:42problem of teenage unemployment did something happen to change that plan well the the something
00:26:48had already happened on the previous saturday at fullchester central park are you referring to
00:26:52the pop concert given by the two defendants yes i am is how did that affect your group discussion
00:26:58discussion when i entered the room there was a a raging argument in full swing they were all talking
00:27:04about the song for such is the kingdom of heaven could the witness be shown exhibit one please
00:27:09thank you now is that the same song that was being discussed yes it is mr walter have you had an
00:27:22opportunity to study that song before giving evidence today yes i have would you consider it blasphemous
00:27:28blasphemous i consider it highly blasphemous did it outrage you to be absolutely honest i don't think
00:27:37i felt outraged what did you feel then i was hurt and shocked i felt that the song vilified my personal
00:27:44christian faith and to return to that discussion group you said just now that when you entered the
00:27:49room a raging argument was in full swing would you tell my lord and the jury what subsequently took place
00:27:55uh well after i quietened them down i eventually uh established what the reason for the argument was
00:28:04most of them had been to the concert on the previous saturday and saw those two people sing this song
00:28:10some of the group were very upset and angry and critical of the song others were defending it
00:28:17apparently after the song had been sung uh one of my discussion group a young man of 18
00:28:22had to be restrained by some of the others he uh wanted to climb up onto the stage and thump mr
00:28:30barnard the defendant yes some of the group thought that thumping the singer was hardly a christian act
00:28:36and believed that mr barnard had a right to express his opinions they also felt that it gave them food
00:28:43for thought the words of the song that is uh others were very very distressed by the song can you elaborate on that
00:28:52they took the words as a personal insult a not dissimilar reaction to your own oh indeed and these youngsters
00:28:59hadn't had the benefit of years of study of the history of blasphemy theirs was a a simple reaction
00:29:05were you able during the course of the subsequent discussion to allay their fears about this song
00:29:11no i wasn't able to i still am not able to mr walter thank you very much thank you
00:29:26you were unable to allay the anxieties of some in that discussion group about this song that's correct
00:29:32could this possibly be because of some fault or deficiency within yourself rather than the content
00:29:39of the song oh there's no possibility about it that most certainly is the reason well i'm obliged oh
00:29:45you don't have to be i doubt that i'd have been able to give adequate comfort if some of the female
00:29:51members of the group had been physically raped you really put the alleged mental violation they
00:29:57experienced on that part yes i do except that in the case of some of those young people the damage
00:30:04might never heal you gave evidence at the beginning of your testimony that while you were training for
00:30:10the church you made an extensive study of the history of blasphemy that's right yes what conclusion
00:30:15did you reach about the laws of this country covering the crime of blasphemy that we as a nation
00:30:21should do one of two things either abolish the crime of blasphemy or extend it to cover the whole
00:30:29spectrum of religions practiced in this country of course the law as it stands only protects the
00:30:34christian religion does it not that's right yes do you think that god and jesus as you conceive them to
00:30:41be need the protection of the law no of course they don't but uh people who are practicing christians
00:30:48might well do you would say that god is well able to look after himself yes i would but unlike god
00:30:55those people in that discussion group for example might need a little help you told my learned friend
00:31:01that you considered this song highly blasphemous that's right now would you refer to the copy of
00:31:06the song you have there and would you have any objection to reading aloud the middle eight the middle eight
00:31:14the second verse oh no not at all i'll read the entire song aloud if you wish i think all
00:31:19comes from need at the moment is just the second verse oh thank you my lord if you would be so kind
00:31:24mr walter suffer little children to come unto you christ how they suffer they suffer in scores in
00:31:32saigon and hanoi in dozens of wars in uganda in belfast in cape town in greece they die in their
00:31:40thousands while you reign in peace such is the kingdom of heaven such is the kingdom of heaven
00:31:46do you dispute that in some of the places mentioned thousands of children have died
00:31:51and are dying certainly not and have suffered and have suffered most certainly do you think it
00:31:56wrong for my clients publicly to protest against such obscenity not at all i heartily agree where
00:32:03i would take issue with them is in the fact that they they seem to be blaming god for those atrocities
00:32:09i would blame man who is made in the image of god indeed he is but god gave him freedom of choice
00:32:16if man chooses to kill or cause suffering one can't blame god not even in belfast not even in
00:32:25belfast when it when a child is gone down in northern ireland it's a man's hand on the trigger not
00:32:31god's the situation in northern ireland has often been described as a religious war would you accept
00:32:37that definition i accept that many men and women and children use the label religious war to justify the
00:32:44unjustifiable it seems to be a very unholy war to me would you look for a moment at the first verse
00:32:52of the song what do you find blasphemous about that a number of things principally the sexual reference
00:33:03to the virgin mary in god yeah may the witness see exhibit three please
00:33:13that is a copy of the authorized version of the bible is it not yes it is uh i propose to read some
00:33:20passages from it from the song of solomon which i think you'll find uh begins on page 708
00:33:28i don't propose to read the whole book just some extracts that i believe to be fairly representative
00:33:35of the whole let him kiss me with the kisses of his mouth for thy love is better than wine
00:33:44his left hand is under my head and his right hand doth embrace me
00:33:49thy two breasts are like young rose that are twins which feed among the lilies
00:33:57my beloved put his hand by the hole of the door and my bowels were moved for him
00:34:02i rose up to open to my beloved and my hands dropped with myrrh and my fingers with sweet
00:34:09smelling myrrh upon the handles of the lock
00:34:12the joints of thy thighs are like jewels thy navel is like a round goblet thy belly is like a heap of
00:34:23wheat set about with lilies uh would you say that those extracts were a fair representation of the
00:34:31whole book yes i would now as i understand it mr walton please correct me if i'm wrong
00:34:36the church believes that those extracts together with the rest of the book is the word of god is
00:34:42divinely inspired that's correct i would suggest to you that what i have just read together with
00:34:47the rest of the song of solomon is candidly erotic yes of course it is in fact there's even more
00:34:54erotic symbolism than appears on the surface those words speak of sexual love and reading them is likely
00:35:00to arouse sexual desire and excitement would you accept that certainly i would and those are divinely
00:35:06inspired words they're accepted by the church as such and surely mr walter if the concept of blasphemy
00:35:12is to have any meaning to attribute such sentiments to almighty god is the most profound example of
00:35:19blasphemy imaginable the song of songs has caused difficulty for the church from early times
00:35:25because of its erotic character many interpreters take the position that because erotic poetry can't
00:35:32be found in a sacred and inspired book then the words must have another meaning there are many many
00:35:38interpretations as to what that other meaning is i put it to you mr walter that the language of the
00:35:44song of solomon is distasteful to many modern ears perhaps even to some people in this court i
00:35:50wouldn't disagree with that different historical times produce different standards so we have a
00:35:55situation where erotic sexual references in the bible are sacred and a non-erotic sexual reference
00:36:03in my client's song is blasphemy is that your position yes it is of course if the church ruled
00:36:11that the words written by your client were divinely inspired then they wouldn't be blasphemous
00:36:16until that unlikely event occurs there's no doubt in my mind that this song is one of the worst
00:36:24examples of blasphemy i've ever read
00:36:26my lord that is the case for the prosecution
00:36:44may it please you my lord i immediately call my first witness miss julie gilmore please
00:36:56what is your religion you won't find it in any church do you wish to affirm yes
00:37:16i do solemnly sincerely and truly declare and affirm that the evidence i shall give
00:37:22shall be the truth the whole truth and nothing but the truth
00:37:33miss gilmore how long have you been singing professionally about nine years and during
00:37:38that period you've been awarded five gold discs is that correct yes my lord a gold disc is awarded
00:37:44when the sales of a particular single record reach half a million uh miss gilmore have your
00:37:49professional appearances been confined to this country no i've worked all over the world mainly
00:37:55here in the states but i've done a number of world tours and prior to the forchester concert have you
00:38:00had you ever worked with john barnard before oh yes many times uh have any of those appearances
00:38:06resulted in criminal charges being brought against you no of course not no now with regard to the
00:38:12forchester concert will you please tell the lord and the jury in your own words what happened when the
00:38:16audience began demanding an encore from john barnard i was standing just off stage johnny called out
00:38:24hey what about doing the kingdom i went on and sang the song with him we'd arranged with the local
00:38:30authorities that we'd close the show at a certain time by then we'd run past that the crowd were yelling
00:38:37out to for more but we thanked them all for coming told them to pick up any rubbish lying around and said
00:38:43we hoped we'd see them all again soon this was a free concert wasn't it i mean there was no charge
00:38:48for admission not a cent and uh the song such as the kingdom of heaven had you ever sung it before
00:38:54yes a number of times johnny wrote it a few months before this particular concert we've often finished
00:39:00shows singing it together and on these other occasions when you sang it together were there ever
00:39:04any complaints only when we refused to sing it a second time it was popular with fans was it the
00:39:10single was selling nicely nothing sensational not until this trouble then it took off miss gilmore
00:39:16pardon my obtuseness but could you clarify that statement what john had released the song as a
00:39:21single record not part of an album it was selling moderately well then this business at fortester park hit
00:39:29the press that was reported in the newspapers in two weeks the single had sold half a million copies
00:39:35then dr wilkins got an injunction preventing further sales till this case was resolved i see did you
00:39:43have anything to do with the words or the music only wish i had i think it's a great song an important
00:39:49song it's saying something that needs to be said miss gilmore do you consider it to be blasphemous no i
00:39:56don't though i do consider the killing of children of young people of any people not only blasphemous but obscene
00:40:06anything that helps to reduce that killing and maiming anything that makes people stop and think for a
00:40:12moment that helps to raise their level of consciousness must be a force for good if this god that dr wilkins is
00:40:20so anxious to protect is that weak and impotent that he needs her help i'm not surprised we're in
00:40:27such a mess on this planet i'm not ashamed that i sang that song in fact i'm rather proud thank you
00:40:36miss gilmore
00:40:39you're rather proud of singing that song are you yes i am are you as equally as proud of the fact that you and
00:40:47your co-defendant distressed and outraged a considerable number of people at that concert
00:40:54before this trial began i was under the impression that the only person we'd upset was dr wilkins you've
00:40:59heard the evidence of the red reverend edward walter well i haven't been sunbathing in bermuda for
00:41:04the past two days my lord i request that the witness be asked to answer that question miss gilmore mr
00:41:10willard is merely attempting to establish a fact i'm sorry it just seems rather a tedious question
00:41:16well having sat on this bench for many years and suffered a great deal of tedium you have my
00:41:21sympathy however i do feel the question deserves an answer yes i heard the vicar's evidence about
00:41:28members of his discussion group who were upset by the song i will therefore ask you again are you proud
00:41:34that you distressed and angered those young people well if it made them stop and think about reality my lord
00:41:40i request that the witness be asked to refrain from prevarication well i must object to this
00:41:45hectoring miss gilmore i think you might allow the young lady to finish her answer it may not be the
00:41:51one you are seeking and that is one of the perils of advocacy sometimes the ball is returned more
00:41:57smartly than the service you were going to say that if they were made to stop and think about reality by
00:42:05that song then i am very proud to have sung it even if it hurt and distressed them reality when faced
00:42:12often hurts and distresses all of us the fact that by singing that song you outraged people appalled
00:42:17them offended their deeply held religious beliefs none of that worries you what worries me is that
00:42:23people like dr wilkins are seemingly preoccupied with obscenity pornography blasphemy instead of being
00:42:31occupied with the obscenity of war the pornography of modern politics the blasphemy of suffering
00:42:38that organized religion imposes on millions those are the things that worry me do they worry you i'm
00:42:46not here to engage in debate with you i'm well aware of that i could hardly have a dialogue with a
00:42:51man who is emotionally deaf miss gilmore i must ask you to refrain from making personal remarks like that
00:42:56he can ask me personal questions but i can't make personal replies you seem well able to cope without
00:43:01resorting to personal insult yes the world you move in miss gilmore the the pop world the values ethics
00:43:11and morals of that world are are somewhat different to those of the general public are they not i really
00:43:17don't know it would be as logical to presume that the values ethics and morals of members of the legal
00:43:25profession are somewhat different from those of the general public the world of drugs of loose
00:43:32morals casual relationships really i had no idea the legal profession was like that talking about
00:43:39your world miss gilmore yes of course those things exist in the pop world they also exist in the legal
00:43:46world the medical world the engineering world they exist we don't have a monopoly on them you know
00:43:53it's just that it makes a better story when a pop scandal breaks it sells more newspapers
00:43:58people in fleet street do naughty things too it's just that rival editors are disinclined to publish
00:44:04stories about them miss gilmore when you took the stand you declined to take the oath
00:44:09lord i really must object in the strongest terms miss gilmore had every right to affirm
00:44:15brave men in the last century fought long and exhausting battles for her to have that right
00:44:20i submit that it is quite improper of my learned friend to question her as to why she affirmed
00:44:25my lord i merely wish to ask the witness about a remark she made to the clerk before she affirmed when
00:44:30she said you won't find my religion in any church my lord in view of the the fact that the remark in
00:44:35question was made before she affirmed and was not therefore the subject of any question from me
00:44:40i submit that my learned friend has once more entered the area of improper cross-examination i agree with
00:44:45you sir charles yes mr willard miss gilmore are you a practicing christian yes i am a member of the
00:44:55church of england no i'm not a member of any organized religion i was but not now yet you consider
00:45:01yourself a practicing christian yes i do the place to practice it isn't inside a church it's out in the
00:45:08streets in our every day-to-day relationships with others that's my form of christianity and a part of
00:45:14your form of christianity is singing songs like such as the kingdom of heaven to young and vulnerable
00:45:19people yes it is i have no further questions thank you miss gilmore and neither council has seen fit
00:45:31to question you about a particular incident which i feel the jury might like to hear more about
00:45:37i refer to what happened between mr barnard and dr watkins uh dr wilkins after the concert had finished
00:45:46now i am referring to the time after you had both sung the song with this complaint about
00:45:51were you present when dr wilkins appeared backstage yes i was and can you recall any of the conversation
00:45:57that took place she was very upset very angry she began shouting at both of us
00:46:05the purveyors of filth was one of her phrases she demanded that john should go back on stage and
00:46:11apologize because we'd sung an obscene song what john tried to calm her down find out exactly what was
00:46:18upsetting her it was futile she was so angry she was virtually incoherent well john was very tired we
00:46:26both were it had been a long day some of john's staff asked her to leave she refused to john and i left i
00:46:33think his road managers dealt with her
00:46:47so join us again tomorrow when the case of the queen against barnard and gilmore will be concluded
00:47:03the case you're about to see in the characters portrayed are fictional
00:47:33but the procedure is legally accurate the characters are played by actors but the jury is selected
00:47:38from members of the general public who will retire at the end of the trial to reach their own unrehearsed
00:47:43verdict ruth wilkins a local fullchester doctor has brought a private prosecution against two pop
00:47:49singers john barnard and julie gilmore they're charged with publishing a blasphemous libel commonly known
00:47:56as blasphemy they've pleaded not guilty the prosecution has sought to show that the song would outrage
00:48:03practicing christians and vilify the christian religion council for the defense has called john
00:48:08barnard to the witness box
00:48:14mr barnard where were you born
00:48:17well fast
00:48:19how long have you been singing professionally
00:48:20about ten years and during that time am i right in saying that you have acquired an international
00:48:27reputation
00:48:29well there seem to be quite a few people who like my music you've had number one hit records in many
00:48:34countries yes eleven gold discs yes you've also written the words and music of a number of films
00:48:41two stage shows which were highly successful uh will you tell my lord and the jury how you came to write
00:48:47such as the kingdom of heaven the song that brings you to this court today there are so many reasons
00:48:56i suppose it would come under the broad heading of a protest song tell me mr barnard that you write
00:49:01many protests on that's not an easy question to answer the conventional meaning of protest probably not
00:49:09usually my works on a more personal level protesting about the betrayal of a particular human relationship
00:49:15for example when you wrote this particular song what did you want to protest about
00:49:22about the way that the innocents are exploited maimed killed by the rest of us
00:49:32about the way that christianity has been perverted to suit ambition
00:49:38i was also exploring the possibility that we might we just might be better off without the whole damn thing
00:49:43better off without christianity without organized christianity without the church of christ
00:49:52it wasn't a spur of the moment thing i wasn't knocking it off because i felt it was time to get another
00:49:57single out it had been a long time coming started to come when i was a child in belfast yes could you
00:50:07elaborate on that every day i hear people saying that the troubles in northern ireland are not based on
00:50:14religious conflict of course most of the people who hold that view were not born there i've never lived
00:50:20there they're not likely to go there there's also a lot of talk about getting the british out of ireland
00:50:27you know the kind of thing if the british would get out of ireland the problems of the irish would be
00:50:33resolved i believe that if god would get out of ireland there'd be no problem to resolve
00:50:43in what part of belfast were you born in the falls road at a segregated hospital what do you mean by a
00:50:50segregated hospital a hospital for catholics only in ulster it's not a question of black and white it's
00:50:57orange and green and the area where you grew up was that segregated too completely in my youth
00:51:06there were a few protestant families in the neighborhood not any longer each side has its own
00:51:12housing areas its own schools its own games its own parks you're not taught to hate protestants
00:51:20it's more subtle than that you're told it's best if you don't mix with them
00:51:24i'm talking about my own experiences as a young child you understand yes and out of their childhood
00:51:32grew the seeds of a song called such as the kingdom of heaven yes the church was everywhere and into
00:51:40everything their church as well as ours all believe him apparently in the same jesus christ
00:51:47and all doing their best to remurder him a dozen times a day the church is involved in your life
00:51:55at every level there and it corrupts at every level i'm talking about all denominations
00:52:02it's no go humanity it's no go compassion it's no go understanding it's no go sanity it's no go
00:52:12mr barna do you consider your song to be blasphemous no what it's talking about is blasphemous
00:52:22in the case of belfast what the ira are doing under the label of catholic
00:52:26and what the uvf are doing under the banner of protestant that's blasphemous
00:52:32if we could get god out of the way who knows
00:52:37maybe the people would be able to look into each other's eyes and eventually see something other
00:52:44than fear and hatred when did you leave northern ireland when i was 17. i go back every year
00:52:51though perhaps dr wilkins would like to come with me and clean up belfast my lord might the witness be
00:52:55asked to confine himself to answering the questions i think you're being oversensitive mr willard
00:53:00was there any particular incident that influenced you to write this on
00:53:09a number of incidents actually but there was there was one that outraged and appalled me in
00:53:17much the same way that i've presumably outraged and appalled dr wilkins
00:53:21a few years ago a friend of mine young canadian he came to live in belfast
00:53:33he'd read about what was going on like most of the rest of the world has and he wanted to see for
00:53:37himself more importantly he wanted to find out if there was anything he could do to help
00:53:42he was a teacher and it had occurred to him in toronto that he might be more usefully employed in belfast
00:53:51i met him on a tour of canada next time i saw him was in my own city
00:53:58he was trying to start adventure playgrounds they're going to be integrated for all creeds
00:54:04i helped him out with some money and julie and i and some of our friends we put on a concert
00:54:08gave the proceeds to the adventure playground he managed to find a clear piece of ground without too
00:54:14much trouble there's lots of clear pieces of ground in belfast these days
00:54:19he got builders got equipment did it all virtually single-handed
00:54:28at first he had trouble getting the children to mix what would happen would be that the catholics
00:54:32would come on monday and the protestant children will come on a tuesday
00:54:36and he talked to the parents and somehow broke down some of the resistance to the idea
00:54:41the children started to mix he got married i remember talking to him at the wedding reception
00:54:51he was so excited so eager full of plans for opening up integrated adventure playgrounds all over the city
00:54:59the day after his wedding he was at the playground surrounded by dozens of children
00:55:09three masked men got out of a car they walked across the playground and shot him
00:55:13yes you could say it was because of incidents like that that i wrote this song
00:55:30mr barnard thank you very much indeed
00:55:33i have no questions my lord thank you mr barnard i found your testimony very moving
00:55:43how relevant it's another matter
00:55:47so after some 15 years working in fleet street in a variety of national newspapers you returned to
00:55:52fullchester yes that's right i've been senior reporter on the fullchester record for the past five
00:55:56years yes i would like to come to the afternoon of july the 23rd of last year did you attend the pop
00:56:01concert in fullchester park yes i did we the paper ran a large feature article on mr barnard and miss
00:56:06gilmer uh tell me mr glencoe at any time did you see any signs of disturbance of unrest or violence
00:56:14apart from an incident right in the end uh involving dr wilkins not at all very happy gentle afternoon
00:56:21music and weather were good and i understand there are only two and two arrests during entire
00:56:27afternoon so apart from those isolated incidents on the matter of dr wilkins that we'll come to in a
00:56:31moment it was a trouble-free afternoon my lord i must object how can the witness possibly have been in
00:56:37contact with some 20 000 people throughout the afternoon yes i would allow that objection uh very
00:56:43well let us come directly to the period of the afternoon when you observed dr wilkins and her
00:56:48family what did you do i sensed a story i moved over and stood by them was this the famous sixth sense
00:56:55of the fourth estate no in this instance i can't claim that i've done a number of pieces on dr wilkins
00:57:02now with regard to dr wilkins and her family what occurred before the defendant sang such as the kingdom
00:57:07of heaven uh mr barnard had finished singing and said goodbye to the audience and the audience were
00:57:15disinclined to say goodbye to them to him they began chanting for more the wilkins family joined
00:57:21in the chanting a lot of people were calling for john to sing such as the kingdom of heaven among these
00:57:26people were the wilkins family you are absolutely certain of that yes quite sure what happened next
00:57:33shortly after that the two defendants sang the song when it was over i heard dr wilkins say to her
00:57:40husband i'm going to tell those to what i think of them i followed them around the back of the stage
00:57:46she began shouting at them demanding that they go back on stage and apologize for singing an obscene
00:57:52song you're quite short of this yes i was taking shorthand notes of it all two singers tried to reason
00:57:58with her she refused to listen kept demanding that they uh make a public apology she became hysterical
00:58:05told them they were purveyors of filth and some of barnard's stuff escorted her from the stage
00:58:20so you sold this story of your version of what transpired i've already told you i did
00:58:25you made money from it yes the same way as you're making money from it now mr glencoe that is an
00:58:30objectionable remark sorry i put it to you that for the past five years you have been waging a
00:58:35vendetta against dr wilkins i wouldn't call it a vendetta then what would you call it i've written
00:58:42a number of articles about dr wilkins we've also run many news stories on her activities capitalizing
00:58:47on the stand she has chosen to make against aspects of our society look you can't keep the lady off the
00:58:52phone every time she sees a tv place doesn't like every time a film is shown she disagrees with
00:58:56she's on my newspaper making her views known has dr wilkins ever complained about any of the
00:59:01articles you've written about her well she complains among many things yes from time to
00:59:05time she complained we publish her complaints too what are your personal opinions as to her views
00:59:11you mean her views about the various tv plays and films she's criticized yeah sometimes i've agreed
00:59:17with her sometimes i disagree with her is it not a fact mr glencoe that you have over the years
00:59:21written numerous articles that have been extremely hostile towards the organization known as the
00:59:27national viewers and listeners association not hostile critical you have also attacked from time
00:59:32to time the festival of light you will use such emotive words mr willard not attacked criticized you
00:59:39have accused dr wilkins of paranoia would you call that fair comment i call it the truth
00:59:45that was in an article about mrs mary whitehouse after that lady had said there was a political and
00:59:50ideological conspiracy centered in the bbc to undermine the british way of life what nonsense
00:59:57so you think that what these ladies and that organization stands for is nonsensical when she
01:00:02complains about a pop record called ding-a-ling and says that it is intended as a deliberate
01:00:08stimulation to self and mutual masturbation when she denounces the wife of a former president of the
01:00:15united states because that lady had the temerity to express her views on premarital sex which disagreed
01:00:20with hers when she says that the predominance of men on the broadcasting councils is the reason for
01:00:26standards that are lower than the general communities when she claims to have secretly vetted potential tv
01:00:32programs at the invitation at producers and had items cut and refuses to name the programs concerned when
01:00:40she says and does these things and many more i could name you if you wish yes i do think they
01:00:44are indeed nonsensical well the jury will be the judge of that whatever the veracity of your story
01:00:51about the incidents involving dr wilkins at the pop concert it was carried by many of the national
01:00:56newspapers certainly was as a result this song received massive publicity and this sickening blasphemy
01:01:02has been exposed to millions of people without her intervention at the pop concert without the
01:01:07rumpus she caused i'd never have mentioned the song didn't strike me as blasphemous still doesn't
01:01:13i'd gone there to write an article about the entire pop concert not just one song
01:01:17it would be a feature article her actions made it a new story a story by the way that carried an
01:01:23interview with dr wilkins that she very happily gave me in fact she telephoned my office three times
01:01:28after i'd interviewed to ask if i wanted any more quotes if anybody's responsible for the record
01:01:33selling half a million copies surely it's dr wilkins
01:01:39you have a degree in law and or in your final year of study for a degree in divinity
01:01:44that is correct uh were you at the pop concert in fulchester park on the afternoon july the 23rd last
01:01:49yes i was i was present throughout the concert and did you at any time see or hear signs of unrest
01:01:55from any member of the audience no no it was a very happy afternoon as far as i was concerned my lord
01:02:00is the witness speaking on behalf of all 20 000 people who were present at the concert my lord i
01:02:06was referring to my own personal experiences and observations precisely are you having difficulty in
01:02:11hearing the witness mr willard no my lord did you hear the song that closed the concert such as the
01:02:17kingdom of heaven yes yes i did did you find the words of it blasphemous no i didn't as a christian
01:02:26and an active member of the church of england i find them refreshing they aroused in you no feelings
01:02:31of outrage outrage with regard to my personal faith no they don't outrage with regard to what the words
01:02:40are saying about some aspects of our society yes i think they hit a few nails right on the head and
01:02:46after the song had been performed did you observe any hostile or critical reaction from any section of
01:02:51the audience no everyone around me was calling out for more uh to be specific about the degree for
01:02:58which you are at present studying would i be right in saying that it's an ma in theology yes with
01:03:04particular reference to church law does that involve you in uh studying the crime of blasphemy
01:03:10yes complete with the range of anomalies that pertain anomalies i'm afraid i don't understand
01:03:16mr hodgson could you elaborate it's difficult to know where to begin i suppose the greatest anomaly is
01:03:24the fact that jesus christ the founder of our faith was crucified for his blasphemy and yet mankind in
01:03:32this country felt the need in the 17th century to protect christ and the christian faith by making
01:03:38blasphemy a crime of course long before then and ever since christians have been free to blaspheme any other
01:03:45religion or faith that double standard has been with us ever since would you give us a few examples
01:03:51of what you have called that double standard well this law of blasphemy has been used in the past to
01:03:59suppress the writings of men such as tom pain shelley and yet uh some francis of avila was happily allowed
01:04:08to write lines such as fornicate with my soul upon a bed of thorns oh lord st john of the cross was free
01:04:16to write oh flame of love your fiery probe for your sweet encounter tear the robe those two got sanctified
01:04:25yes of course these examples are not contemporary if you want modern examples of the double standard
01:04:31it applies to blasphemy you don't have to look far take a very successful musical like jesus christ
01:04:37superstar it could be argued the title itself is blasphemous yes well king herod sings to jesus in that
01:04:47musical so you are the christ you are great jesus christ prove to me you're no fool walk across my
01:04:54swimming pool then there's another line in that prove to me your divine changed my water into wine
01:05:03anymore catherine whitehall writing in the observer called god a male chauvinist pig
01:05:11nancy bank smith writing in the guardian a few months ago said of jesus christ
01:05:16it was one feels a failure of tactics to be born on christmas day and die on good friday
01:05:25these are the only two days of the year on which there are no papers
01:05:31do you find these modern examples that you've quoted blasphemous no i don't what puzzles me is why
01:05:37prosecutions are brought like this one against a serious song and not against the examples i've just
01:05:42quoted i don't need any law of blasphemy to protect my faith i don't believe any christian needs such a law
01:05:58we've heard much during the course of this trial about the views of dr wilkins of the views of mrs mary
01:06:04whitehouse we've heard about the nationwide festival of light of the national viewers and listeners
01:06:09association of the troubles in ireland of pop songs called ding-a-ling i put it to you that in the
01:06:15final analysis you can safely put all of those things from your minds we are here solely to
01:06:21ascertain whether or not these two defendants are guilty of publishing a blasphemous libel
01:06:27now the law says and in this case as in all others you will take the law from his lordship
01:06:32that it is no defense with regard to the crime of blasphemy
01:06:35to prove that the words complained of are true or that the publication of those words is for the
01:06:41public benefit if the decencies of controversy are observed even the fundamentals of christianity may
01:06:49be attacked without committing the offense of blasphemy i submit that this song does not observe those
01:06:55decencies i believe the last such trial as this was in 1921 when a man was sentenced to nine months
01:07:03imprisonment for publishing a pamphlet in which he described jesus christ as looking like a circus
01:07:10clown when he entered jerusalem on a donkey well i doubt if such a remark today would provoke a prosecution
01:07:16we live in more enlightened times but i venture to suggest that the blasphemy contained in this song
01:07:23such is the kingdom of heaven is a thousand times worse i urge you to take those copies with you
01:07:29when you retire to consider your verdict i submit that the only conclusion you will be able to arrive
01:07:35at after due deliberation is that the defendants are guilty of publishing a blasphemous libel
01:07:45members of the jury my learned friend referred just now to the case of the man who was jailed in 1921
01:07:50for comparing christ uh to a circus clown he remarked that we live in more enlightened times we do indeed
01:07:58in the highly successful musical godspell which some of you may have seen christ is portrayed as a circus clown
01:08:05having listened to the evidence you may feel that the crime of blasphemy is an anachronism
01:08:12that it has no place in this country in the 20th century it is however still the law of the land
01:08:21if there are any of the jewish faith among you take no comfort that this law protects your faith
01:08:26it protects but one faith the christian faith the official state religion is it not curious that a
01:08:36religion which owes its very beginnings to a man convicted of blasphemy should be thus protected
01:08:43when my client john barnard in his song describes jesus as a blasphemer he is if we are to believe
01:08:52the bible telling the literal truth i find the suggestion that the christian faith needs the support
01:09:01and protection of a conviction in this courtroom today an insult to christianity now you've heard
01:09:07that this law has been used in the past to suppress works by shelley and thomas payne but the charge of
01:09:13blasphemy was never brought against james joyce perhaps one of the most influential writers of the 20th
01:09:19century in his ulysses is the ballad of joking jesus here are the first two verses i'm the queerest young
01:09:29fellow that ever you heard my mother's a jew my father's a bird with joseph the joiner i cannot agree
01:09:38so here's to disciples and calvary if anyone thinks that i am not divine he'll get no free drinks when
01:09:47i'm making the wine but have to drink water and wish it were plain that i make when the wine becomes water
01:09:56again members of the jury is julie gilmore guilty when joyce was not is john barnard guilty when solomon
01:10:06was not i asked for a verdict of not guilty it is for you then to decide do you consider that the words
01:10:16of this song would shock and outrage christians if you feel they would merely annoy or upset you
01:10:22then you must find the defendants not guilty but what we're talking about is outrage do you feel
01:10:29outrage when you read these words if you do then i venture to suggest that you are well on the way
01:10:35to bringing in a verdict of guilty my opinion of this song the opinion of the council or any of the
01:10:42witnesses that you have heard are in the final count secondary to yours now i would ask you to retire
01:10:50elective foreman to speak for you and consider your verdict
01:10:56members of the jury will your foreman please stand just answer this question yes or no have you
01:11:01reached a verdict on which you're all agreed yes do you find the two defendants julie gilmore and john
01:11:06barnard guilty or not guilty not guilty
01:11:20so
01:11:22and
01:11:26so
01:11:28and
01:11:30and
01:11:32and
01:11:34and
01:11:36and
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