>> Thank you, my friend.
>> Pleasure. Take care.
>> You shouldn't watch scary
movies so close to bedtime.
>> Kate? Kate!
>> Dad!
>> You're defending him.
>> You know as well as I do
for good or bad,
everyone deserves a defense.
Mr. Burton will not be in court.
As he's a witness, he cannot
act for the Crown in any way.
>> So he just has to watch?
>> Foyle had a storage unit.
Someone took it on after him.
If something's not turning up,
you need to look for it
somewhere else.
>> Now what did you make
for dinner that night?
>> Spaghetti carbonara?
>> I should have fought him
harder.
>> Jamie, what are you saying?
>> I scratched his head.
>> You scratched him
with your hands?
>> And then I hid.
>> You moved?
>> Forensic team just found
DNA at the cottage.
>> Foyle's?
>> They want to meet.
>> In the shock and trauma of
finding your wife, you look up
at the window and you see a man
whose absence from your life
would be very useful indeed.
But it wasn't that man,
was it, Mr. Burton?
You just wanted it to be.
>> Thanks. Morning.
>> Good morning, Dr. Lambert.
>> Sorry I'm late. Remind me?
>> Low count DNA, Kate Burton.
>> Oh, yes.
>> Straight shot this morning.
They'll try and trip you
on the low count.
Just keep your answers simple
and to the point.
>> Thanks for the tip.
I've only done this
300 or 400 times.
>> Did this analysis prove
conclusively that the DNA
discovered in the cottage
matches that of a particular
individual?
>> It did.
>> Whose DNA did the sample
match?
>> We matched the sample
to the DNA of Mr. Liam Foyle.
We are very stringent
about our quality controls.
We take our job extremely
seriously.
>> Oh, that is very reassuring.
Were you responsible for
analyzing DNA samples
in connection with Crown
versus Foyle last year?
>> I believe so.
>> You believe so.
>> Yes, we were.
>> And in order to do that,
samples of my client's DNA
would have been sent to
and processed by your lab.
Is that correct?
>> Well, yes, that's--
>> Thank you. So my client's
DNA at that time would have
been effectively distributed
throughout that lab like dust
through an old house?
>> My Lord--
>> I take it this is leading
somewhere.
>> I'm just arriving now,
my Lord.
Dr. Lambert, I have a sworn
statement from your laboratory
that confirms a deep clean was
recently performed in all clean
room areas on the 12th
of this month.
You brought the schedule
forward. Why was that?
>> Oh, come on!
>> Mr. Mayfield.
>> Dr. Lambert, if you please?
>> We conduct regular cleaning.
We recently decided to increase
the number of--
>> Why was the schedule
brought forward?
I noticed that your cleaning
schedule is normally enacted
on a clear and regulated basis,
so something must have happened.
>> It was necessary.
>> Are you or are you not
in the process of an internal
investigation into the
viability of contaminants
within the laboratory?
Please answer yes or no.
>> But you can't answer...
Yes.
>> Are you concerned about
your failure rate?
>> Am I...everyone's concerned
about their failure rate.
It's an industry-wide concern.
>> Thank you.
>> My Lord, this is new
information.
>> It should have been
disclosed certainly.
>> What's clear beyond doubt
is this DNA evidence
is utterly compromised.
>> You have to stop her.
>> It's a bit late for that.
>> She's twisting the facts
around to make them wrong.
>> Doing a good job of it, too.
>> If we don't have this DNA,
then what do we have?
>> A problem.
>> Spaghetti carbonara
and an Arctic Roll for afters.
>> Ms. Morris, that's a matter
for defense counsel.
All I want to ask you about
is the search of your storage
unit, not the defense alibi,
such as it is.
Please stick to the matter
at hand.
>> My Lord.
>> Get on with it, Mr. Mayfield.
>> Ms. Morris, you maintain
a contract with this storage
facility?
>> I do, yes.
>> And when these premises were
searched by the police a few
days ago, a pair of size 12
boots was recovered from
your unit, isn't that right?
>> Yes, the other unit.
>> Are these your boots?
They seem rather large for you.
>> What other unit?
My Lord, this is new
information.
>> All new information was
given to my learned friend
yesterday.
>> Chain of continuity, my Lord.
>> Usher.
>> The warrant was for Eileen
Morris's possessions
in the storage unit.
>> They had no authority to
search F38, only F37.
The search of F38 was unlawful.
>> If defense had a problem
with the evidence, they should
have argued it at the
appropriate time and not now.
>> The issue has only just
come to light.
Foyle's previous use of F37
connects him to it.
It falls on the chain
of continuity.
F38 was entirely separate.
Judge, obviously I will ask you
to exclude this evidence
under Section 78.
>> It was the unit next door.
>> And should you request,
I will no doubt accede.
>> [ sigh ]
>> Then I respectfully submit,
my Lord,
there is no case to answer
in the absence of any viable
evidence.
>> There is compelling evidence!
>> The eyewitness evidence
of a broken man, alone
and devastated in the dark.
>> Having heard arguments
from counsel as to the strengths
of the evidence at this stage
of the trial, I have concluded
the following.
There is insufficient evidence
for the case to continue
for your consideration.
For that reason, on my
direction, you will return
a verdict of not guilty.
>> On His Lordship's direction,
do you find the defendant
not guilty?
>> Not guilty.
>> And is that the verdict
of you all?
>> Yes.
>> All rise.
>> Mr. Foyle, you may leave
the dock.
>> Congratulations.
>> Oh, thanks.
>> Margaret,
thank you, my friend.
>> A pleasure. Take care.
>> Are you all right there,
mate? Sorry, my foot slipped.
You all right? Yeah?
>> I'll be okay.
>> Jamie.
[ applause ]
>> There she blows! Pull!
A consummate performance.
First class.
This is for you.
I believe you've earned it.
Pretty juicy, too.
>> Oh, thank you.
>> Vadim?
>> Excuse me.
Mr. Will?
>> You're looking well.
>> I'm sorry to hear
about your wife.
>> Thank you.
>> If there is anything I can
do for you...
>> What time do you finish work?
>> Clone it, please.
>> It worked.
The name you've wanted:
Ben Alligin.
>> Hi. Sorry.
I just wanted to come and...
[ exhales ]
I'm not sure why I came,
actually.
Is that who I think it was?
>> Thought you'd be out
celebrating.
>> No, just...
I'm sorry. It's just--
>> Your job.
>> No hard feelings, by which--
>> Watch yourself, Maggie.
>> [ gasp ]
>> Unbelievable.
>> Can I come around tonight,
please?
Please, I'm freaking out.
>> I can't believe you're
calling me.
>> Oh, come on.
Think! How did he know?
There's no way he could have
known.
Oh, God, oh, God,
I'm just completely...
>> We have a window for appeal.
Maybe not now, but--
>> Come on.
>> Well, optimism was never...
>> Forget it. We lost.
It's over.
>> Will!
>> Coming.
>> I never knew
about this place.
>> Yeah. Kate's cousin lets us
use it every now and again.
Cracking a bottle of wine
inside, if you're interested.
>> I'll tell you what.
It took some real sleuthing
to find you.
>> You know my methods, Watson.
Red or white?
>> Oh, you choose.
>> How are you, Danny?
>> All the better for seeing
you, mate.
>> Pop these in the pot,
would you?
>> That's alive-alive, huh?
>> Now you're talking.
Oh, here. You pasta, me sauce.
>> Don't you need a permit
for those?
>> Public right to fish
in tidal waters, Malcomson v.
O'Dea, 1863.
And before that,
the Magna Carta.
But to be fair, it's not
actually mentioned at all
in the Magna Carta.
Everyone just thinks it was.
So strictly speaking, right now
we just broke the law.
>> Well, to be precise, you did.
>> Yes, and now you're
an accessory.
>> What about me?
>> Probably just a caution.
>> Right, thanks.
>> You're very welcome.
Stop crying. Pour some wine.
>> Not even a civil suit?
>> We're not going
in that direction.
Even if we get him, no one wins.
It's not gonna bring her back.
>> You're just gonna sit here
then?
>> You keeping busy?
>> Been offered Chambers
Manager at Citadel.
Manchester.
>> You do know what they do to
QPR supporters there, don't you?
I am sorry you had to take
that fall, Danny.
>> You had us all worried
for a minute.
Disappearing and all that.
>> Why is that?
>> You always seemed so planned.
>> You haven't seen
the school run.
>> I mean, it's not like you
to do anything on the fly.
>> Well, that's me all over,
Danny.
I'm just full of surprises.
>> How long does it take
to get to Edinburgh?
>> 10 minutes the way you drive.
>> Try not to take off, okay?
Bye. I'll be back
as soon as I can.
Look after Grammy for me.
>> Dad?
>> Yeah?
>> You're shaking.
>> Look, I mean, if you really
were thinking of coming here,
we'd obviously be very
interested in having you
join the set.
>> Well, no.
I'm actively looking.
My family needs a change
of scene.
>> Oh, well, for families,
it's a lovely place.
You should rent a car and drive
around a bit while you're here,
see the scenery.
>> I might just do that.
>> What would you like?
>> Hi. Do you mind if I use
your loo? Thanks.
[ whistling ]
[ horn honks ]
>> What's the law
on home invasion these days?
I'm a little cloudy.
What's the proportionate
response to someone surprised
in their home by a stranger?
>> I need to ask you something.
>> I'm on Facebook.
>> I know.
>> Well, you're here now,
so you can ask me whatever
you like.
>> When did you decide
to kill my wife?
Please, I need to know.
When you killed her,
did she die quickly?
>> Are you playing a character?
Are you? Are you all the way up
there looking all the way
down here?
And do you think
I'm a little bit stupid?
You're going about this
all wrong.
>> Well, you're the expert.
When did you decide
to kill my wife?
>> You and your brain.
You ever seen a brain up close?
Looks like a cauliflower.
The neocortex looks like icing.
They say it's what separates us
from the animals,
but we are animals.
We're mammals like a lion.
You wouldn't blame a lion for
being a lion, would you, Will?
Especially if you were the one
who let him out.
>> How do you live
with yourself?
>> I forgive myself.
How do you live with yourself?
[ coughing ]
[ retching and coughing ]
Oh, you're very clever.
[ choking and coughing ]
Get the pen!
Get the pen! [ gasping ]
>> Ambulance.
>> It's an oval tube.
>> Oval tube! Yes, yes!
It's sort of gray
with an orange end.
>> Yeah, that's it.
>> I'll put you on speaker.
Still hear me?
>> Yes, I can hear you.
Are you holding the tube?
>> Yeah.
>> Now put your fist
around the tube.
>> Okay.
>> Hold the orange tip
near the thigh.
>> He has his trousers on.
>> The needle will go through
the clothing.
Hold the orange tip
near his thigh.
With your other hand, pull off
the blue safety release.
>> I've done it.
>> Now swing and firmly pierce
the tip against the thigh until
it clicks and hold it there
for 10 seconds.
Did you get that?
>> Swing, click, wait, okay.
Here goes. [ pen whistles ]
What was that?
>> You probably heard
the needle mechanism.
It's spring-loaded.
>> Okay.
>> The drug in the Epipen
should keep him steady till
the ambulance gets to you.
Are you still with me?
>> Yeah, I'm here.
>> You're doing great.
>> What now?
>> Okay, you can take it out.
Now look at the barrel.
Is there a red strip
visible on the barrel?
That will tell you
that the drug went in.
>> Hang on, hang on.
I can't see it.
>> Just above the writing,
there's a window.
>> Oh, yes.
Yes, yes, yes, it's there.
>> Is the patient responding?
Sir? Sir, hello?
Anybody hear me? Hello?
Anybody there? Hello, sir?
Can you hear me?
[ siren ]
>> Are you all right?
>> There's a bit of smoke.
>> Just the two of you up there?
>> Yeah.
>> Vasodilation. Capillary leak.
>> Is he gonna be okay?
>> Bad shoulder bleed here.
>> All right, well, let's just
concentrate on his breathing
to begin with.
>> All right, here you are.
You're gonna be all right, okay?
We're just the paramedics.
>> You'd better come with us.
>> No, no. My car's over there.
>> No, mate. We can't leave you.
You're gonna come with us.
Bring that green bag, please.
One, two, three, lift!
Okay, let's go. Go.
>> Your friend was there.
He's used your Epipen.
We've got some more adrenalin
ready if you need it, all right?
Everything is okay.
Look, I know your breathing's
not that easy at the moment,
but we'll be in the hospital
in five minutes, okay?
So you just hang on there.
Just open your eyes.
>> He's lost his pulse!
Chest compressions!
Okay, I got one milligram
of adrenalin.
>> [ gasping ]
>> Okay, well done.
All right, okay.
>> Mind if I open a window?
I'm gonna be sick.
>> He's arrested in the back.
[ monitor flatlines ]
>> William Burton?
Will you come with us, please?
Did you and Mr. Foyle
have any interactions?
>> Yes. He attacked me
and I stabbed him.
With this.
[ door opens ]
>> Quite a shock,
don't you think?
>> What is?
He's dead?
>> Keep reading.
>> Excuse me.
Does Vadim Kumarin
still work here?
Do you know where he might be?
Do you know...okay.
Thank you.
Welcome to Scotland.
>> Is that where I am?
I wondered why everyone here
was Scottish.
>> Good news from the Fiscal.
They're saying that they'd
recommend acceptance if you
offered a Section 76 plea
of culpable homicide.
Probably a 30% discount
in sentence.
That's nine years at most,
out in six.
>> That's good news because...
>> Because you're in
serious trouble.
If you think of going not
guilty, that's a murder trial
and the Crown's gonna be
all out for your blood.
Look, I typed up a draft plea
offer for you.
This is a choice.
You get life or a minimum
of 20 years for murder
or sign the offer.
Do six years and see your son
finish school instead of
missing the whole thing.
>> I'm not missing
a single second.
>> Don't be like this.
Come on.
You need to seriously
consider this.
>> Do you think I did it?
>> No, no.
Of course I don't.
>> Make sure you recycle that.
I appreciate you coming down,
Jen, but I think
I'll do it myself.
>> You can't.
>> I can.
In fact, I can do it all myself.
>> No, you can't.
This is Scots law. There are
a thousand differences.
>> Renton and Brown, right?
That's a punchy read.
I know you've always been there
for me.
I'm sorry, but this isn't
gonna work out.
>> What do you think
you're doing, huh?
I'm trying to help you here.
>> I know. Thank you.
But I'll take it from here.
>> Court.
>> Ladies and gentlemen,
the charge on the indictment
is that on the 23rd of March
at a house near Overton
in Kielder Forest, Scotland,
William Burton did assault
Liam Michael Foyle and did stab
him on the body with a knife
containing thereon a substance
knowing that this would cause
severe injury, anaphylaxis,
and death to the recipient
and he did murder him.
Call the diet of Her Majesty's
advocate against William Burton.
>> We have no opening speeches
in Scottish courts, Mr. Burton,
just in case you're planning
on making one at this stage.
>> Oh, really?
>> Mr. Burton, you know you
have been strongly advised
against representing yourself.
>> That's been made very clear,
my Lord.
>> Very well.
>> Can I move my papers
to the table?
>> No.
>> I can't very well run
my case from the dock, can I?
>> That, Mr. Burton, is exactly
what you are going to do.
>> What are you doing?
>> Is this a common allergy?
>> Not really.
It's an allergy to a particular
gastropod, specifically limpets.
>> He was deathly allergic
to limpets.
>> Well, more specifically,
an active protein known as
tropomyosin.
>> And where was this allergen?
How did Mr. Foyle
come into contact with it?
>> Well, localized swelling at
the wound site suggests it may
have been present on the weapon
used to enter him before
he died.
>> Thank you, doctor.
>> Mr. Burton?
>> No, thank you, my Lord.
>> Mr. Burton, you are aware,
of course, that once you give
evidence on your own behalf,
you're opening yourself up to
cross examination by the Crown?
>> Very well aware, my Lord.
>> What now?
>> Okay, you can take it out.
Now look at the barrel.
Is there a red strip visible
on the barrel?
That will tell you that
the drug went in.
>> Hang on, hang on.
I can't see it.
>> Just above the writing,
there's a window.
>> Oh, yes!
Yes, yes, yes. It's there.
>> Is the patient responding?
[ thud ]
>> Sir? Hello?
Anybody hear--
>> You appeared to be very calm
during this interaction.
Were you?
>> I was trying to be.
>> What were you doing
in Kielder Forest, Mr. Burton?
>> I had a job interview in
Carlisle and the person I spoke
to suggested that I tour around
a bit.
>> Do you normally conduct
job interviews with a knife?
>> I got married with a knife.
Every Scotsman worth his kilt
gets married with a knife.
>> You bumped into Mr. Foyle
by pure chance?
>> Yes, I saw him in a pub
and I felt compelled
to confront him.
>> You sought him out
to force a confession.
Isn't that correct?
>> Yes.
>> Yes, that's right.
Double jeopardy law pertaining
to compelling new evidence.
>> I believe Mr. Burton
has answered the question.
>> My Lord.
A confession.
Something that you would have
desired very much?
>> Yes.
>> And yet when he denied you
this request, you took his life.
>> No.
>> You flew into a rage
and attacked him with a knife,
didn't you?
>> When was this? Sorry?
>> When you slashed him
with the knife, as you've said
clearly in your statement.
>> Oh, yes, before I carried
him out of a burning building.
>> Mr. Burton.
>> Just being clear
on chronology.
>> Flying close to the sun.
>> A gastropod allergy,
a specific kind of shellfish.
Not exactly easy information
to find out.
>> No, I would imagine not.
>> Have you ever had cause
to access a client's
medical records?
>> Yes, though only if
pertinent to the case.
>> In the case of Sandra
Mullins, you were lead counsel
for Mr. Foyle's defense.
>> I was.
>> Did you ever request any
medical information regarding
Mr. Foyle?
>> No.
>> You did not?
>> No, I did not access
his files.
>> I believe his no
was sufficient.
>> My Lord. You cannot prove
this, of course.
He was your client.
You were intimately acquainted
with his information.
>> No. Confidential medical
files are all digitized and
kept securely at the solicitors
or presumably equally securely
at his doctor's or hospital,
which is a long-winded way of
saying no, I did not access his
files and, yes, I can prove it.
>> What Mr. Burton is asking
of you is very simple,
ladies and gentlemen.
He wants you to believe
his little story.
He wants you to believe
that through an ironic twist of
fate, this was the wrong knife
in the wrong hand
at the wrong time.
I respectfully submit to you
that this is pure fabrication.
This was foreknowledge
with malicious intent.
He will tell you otherwise,
but I ask only this question.
He tells a good story,
but do we really believe him?
>> I'm a lawyer.
I have lived and believed
in the law all my life.
But until the law happens to
you, believe me, you don't know
which way you're gonna go.
The man I faced in that cabin
is the man I know beyond
all doubt murdered my wife.
I could have done a lot
of things to him.
Instead, I saw him suffer
and I called an ambulance.
I removed him from danger.
I did what any decent human
being should do,
but make no mistake.
I did those things out
of nothing more than a sincere
duty to our common decency.
I did so because that's what's
expected when you're a person
in the world.
I risked my life to save
the man who took away
my heart...
my compass, my anchor,
my best friend.
I faced him down
with a knife in my hand.
I could have let him burn.
In the circumstances, I believe
I exerted an extraordinary
amount of restraint.
Liam Foyle is dead.
I rejoice in his passing...
but you should not convict me
of his murder.
>> Will? Will?
>> Oh, hi.
Okay, interesting.
>> I wanted to talk to you.
>> Well, I'd hurry up
if I were you.
You know what juries
can be like.
They can't deliberate forever.
How you feeling?
>> How am I feeling?
>> When you heard what happened.
Come on, you weren't just
a wee bit relieved?
>> I needed to talk to you.
>> Moral support?
>> Legal advice.
I've been grappling with a case
that's been bothering me and
I wondered if you could help.
>> Be right back.
Shoot.
>> Something occurred to me the
other day that if you wanted
to break into a safe, then the
first person you'd call
is a locksmith.
And if you wanted to commit
murder and get away with it,
you might just want to talk
to a criminal barrister.
>> It's an interesting idea.
>> They'd have seen enough
cases turn on discovery to know
that a perfect crime only stays
perfect if it's done in plain
sight, wouldn't you say?
>> Could be.
>> Everyone would have all
the facts in front of them.
They'd still have no idea
how he really did it.
Step one, he'd find
the Achilles heel, a deathly
allergy, say, a rare one.
>> How did this person
find out something like that?
>> What does a criminal
barrister do all day long?
>> Chase invoices.
>> Talk to criminals.
Wouldn't that give him
an address book full of
potential contacts?
For example, in the case that
I'm working on, the man was
seen talking to a known
criminal.
>> Well, how could the person
be sure it was him?
The criminal, I mean.
Presuming it was a he,
of course.
>> He was well-known
to the eyewitness.
>> Yeah, but was it day
or night?
Was he on foot? In a vehicle?
Was the observer under
any stress at all?
>> Step two, what if he found
a natural-occurring source for
the allergen somewhere innocent
and everyday?
If they argued self-defense,
they might load up a weapon
with that allergen
to administer the dose.
>> With you so far.
>> But to put so much weight on
one dose of allergen, that might
not be enough, don't you think?
>> Well, I mean, I wouldn't
know the first thing about it.
>> Step three, these people
with allergies of such severity
that may cause anaphylaxis,
they carry these little
lifesaving pens with them,
don't they?
Called Epipens.
Do you think it's possible to
repurpose a pen as a poison pen?
By replacing the carrier
solution with the solution
of the allergen,
a person might sabotage
the very thing that would save
a person's life.
>> That sounds diabolical.
>> It does, doesn't it?
>> You mentioned
a legal question.
>> And if that person called
999 and the emergency services
talked him through
administering that pen to the
victim, then it's almost like
collusion in the crime with
the emergency services.
They'd be walking that person
step by step through the murder.
>> Oh, you mean they'd have
a public record
of the conversation.
>> Yes.
>> That might fly.
I really don't think anyone
would seriously attempt it.
>> Why not?
>> I think murder is against
the law.
I mean, last time I looked.
>> Will--
>> You're drawing a line,
a big red one.
There's a huge difference
between knowing where the line
is and stepping over it.
>> I know I couldn't.
>> Why not?
>> I'd be scared
of getting caught.
>> You just said
it was the perfect crime.
>> Oh, it is. It is.
Except for three things.
>> Three? Really?
>> One, disposing the weapon.
There'd be two Epipens,
of course, the innocent one
and the murder weapon.
The killer would have to
discharge the innocent Epipen,
the one belonging to the victim
left at the locus so it looked
like he's done what you talked
to the emergency services about.
Then I'd imagine he'd have to
chuck the poison Epipen in the
Sharps disposal bags at the
hospital, but there's a chance
it could be found before
being incinerated if the police
do a full-scale search.
>> Ah, very clever.
>> Two, obtaining the pen
in the first place.
He'd have to know someone
with a prescription already.
>> Hmm, good point.
>> Oh, and then there's
number three.
Patient suffered IgE phylum
mollusca allergies, severe
bronchospasm and anaphylaxis
and under additional
observations hidden away in the
footnotes, some local swelling
at wound
and injection site.
But they don't test
for epinephrine after death,
so there's no way of knowing
if the Epipen had been used
or not except
for the puncture wound.
So my number three is this.
Risk of follow-up histology
on local puncture site.
>> You have a very
creative mind.
>> Would that person be able to
sleep soundly knowing that at
any moment there might be
another postmortem
that identifies allergen
at the Epipen site?
>> Well, I guess that depends.
>> On what?
>> On whether the body's
been cremated.
>> [ crying ]
>> Can the Foreman stand,
please?
Have you reached a verdict?
>> We have.
>> In the case of Her Majesty's
applicant against William
Burton, how do you find the
accused on the charge of murder?
>> Not proven.
>> Yes!
>> Silence, please!
Silence, please!
>> Mr. Burton? Mr. Burton?
Any comments, Mr. Burton?
>> Not proven, of course,
the third verdict available
in Scottish law, effectively
an acquittal, one which suggests
a suspicion of guilt with
insufficient evidence.
>> Do you think you would have
gotten away with it in
an English court of law,
Mr. Burton?
>> Take care.
[ reporters shouting questions ]
>> Okay.
Hold it down.