01x07 - Alisha

[bunniefuu]

'In the criminal justice system, the people are represented by two separate yet equally important groups - the police, who investigate crime, and the Crown Prosecutors who prosecute the offenders.

These are their stories.

' There is a belief that HRT helps prevent Alzheimer's as well.

But I want to forget that I'm old and menopausal.

Your 4:30 is waiting.

Could you schedule an ultrasound for uterine anomalies for Miss Browning, please? Sure.

When are you free? All the time, dear.

But this one never takes the hint (!) Bye, Sandy.

Bye.

Next week? Yes.

Er, Tuesday? Sorry about that.

Some patients won't stop talking.

How are you? OK.

I've brought the chart that you gave me.

Thanks.

Last period ended Saturday? Pretty sporadic.

Cramps still abnormal? Yeah.

It never used to be like this.

All right.

Well, lie down.

I'll have a look.

If you could just move a little closer.

Nice perfume.

Thanks.

You're tensing.

Try and relax.

How does that feel? It's fine.

It should feel good.

Oh yes.

What are you doing? Right there.

What the hell? You were touching me up.

I don't wish to alarm you, Alesha.

But I'd like to bring you back for a CT scan, and a possible needle biopsy.

To rule out metastases.

Cancer? It's just a precaution.

That's all.

Don't worry.

Worst case scenario, women under 30 have a far better chance of recovery.

Right.

Well, I'll let you get dressed.

He just fronted it out.

Then he brought up cancer.

What? To intimidate me.

Don't go planning my funeral just yet.

So his line will be, he was just doing his job? I know the difference between being examined and being assaulted.

Unless you don't believe me.

Don't be daft.

Course we believe you.

We're on your side, OK? It will be hard to prove.

Hey.

Never stopped us before.

I ain't having some ponced up Harley Street doctor thinking he can get away with this.

He assaulted Alesha, he threatened her, abused his position.

There is no such thing as a one-time sex-offender.

He's got to have done it to other women.

Why don't you get down to the GMC, see if anyone else has complained, and track them down? We're looking for complaints against a Dr Alec Merrick.

They're kept confidential unless disciplinary action was taken.

Of all the days not to mess us around, sir, this is the one.

The only patients complaining here are the ones that are still on his waiting list.

Consultant position at only the best hospitals in the city.

Hospitals? How many exactly? Itchy feet.

You're telling me.

Position is usually permanent.

Talk about being head-hunted.

Head-hunted my arse.

Well, look at his credentials.

He's obviously highly thought-of.

If he was that highly thought-of, why would the hospital let him go without a fight? Unless of course he'd screwed up in some way.

It was an administrative decision.

His or yours? Dr Merrick lives in Hampstead.

We're in Tooting.

Maybe he wasn't happy about the commute.

Dr Dyer.

You were his head of department.

Surely you would know? If one of my top men had quit, I'd need to know exactly why.

Dr Merrick runs a fine practice.

Whatever you're thinking, I assure you, you're wrong.

Hang on.

What have we got? There's no point in talking to doctors, because they won't tell us anything.

I know.

But we can't give up.

This is Alesha.

I know it's Alesha.

Why don't we get the financial investigations unit to have a shufty at Merrick's bank statements, have a look at them, and see who stopped paying during that time? Genius.

I don't see us getting anywhere with this, even if we do find a way to prove it.

What happened was so subtle, people would wonder if it was that big a deal.

I don't believe I'm hearing this.

Matt.

If it was any other woman, you would say the same.

It's not any other woman.

It's Alesha.

OK.

There's no need to have a go at me, is there? All right? Have you spoken to her about it yet? No.

I'm waiting to give her some good news.

Right.

Here you are, though.

Laura Todd.

Three times a year for three years.

I can't find anything after July.

And I have Diane Perkins.

Three payments in September, then they stop.

Donna Miller too.

She's all over these statements.

I can't find anything after April.

We know you stopped seeing Dr Merrick in April.

I didn't, actually.

But you stopped paying him in April.

Oh, you mean as a patient.

Yes.

I'm a bit confused.

We had a thing.

He kept his hand in, so to speak.

It ended a few months back now.

It started while you were his patient? Love in the stirrups.

And did he take advantage of you at all? Thank God.

That man is hot.

We played Doctors and Nurses for a while.

What's the problem? It was fun until well, you know.

We don't, actually.

I got tired of his routine.

Where do you keep your cuffs? Excuse me.

Donna Miller.

Hitting on his patients while they are vulnerable.

Vulnerable? Her? Do me a favour.

She'd cut your knackers off, spray 'em gold and flog 'em as baubles for £90 a pop.

Right, so who's next on the list, then? Diane Perkins.

Diane, our records show us that you saw Alec Merrick - he's a gynaecologist in Harley Street - three times in September.

Four actually.

Someone lent me the money.

Why did you stop going? Dr Merrick couldn't help me.

I don't really want to say what the matter was.

No, of course not.

How was he towards you, then? Great.

He was really kind.

Didn't even charge me for my full session because he couldn't help me.

Let's turn this off.

Diane, what are those marks on your arm? I suffer from depression.

I have done since uni.

I had a bad day again a few months back.

Life got a bit much.

It's my head that's messed up, you see.

Not my body.

Mate, we can't ignore the fact that she slit her wrists after seeing Merrick.

Yeah, but it means nothing, Matt, because like she said, she's been doing that since she was at uni.

I mean, the poor girl is sick.

She's ill.

Anyway, if Alesha is anything to go by, Alec Merrick likes them strong.

He likes a challenge.

Third time lucky.

Laura Todd.

But you were pregnant at the time, so why change your doctor? There was no way Dr Merrick was getting at me again.

And why is that? He performed laser surgery on me without anaesthesia.

Ouch.

That's the polite version.

Did he explain the procedures to you beforehand? Yes.

He was going to use the laser treatment to burn off some cysts.

He didn't say he was going to do it without putting me under.

Did you report this to anyone at the time? I had the GMC complaints department on speed dial.

They told me everything was by the book.

Simply the doctor's choice.

I was in so much pain.

I kept screaming.

Begging him to stop.

He didn't bat an eyelid.

Just kept watching me, the whole time.

Every now and then, he'd say, "Good girl.

" That man is a sadist.

He needs to be locked up.

No woman is safe in his care.

We spoke to the investigation officer at the GMC.

He reckons they took Laura Todd's complaint very seriously, and concluded that Dr Merrick had done nothing wrong.

He said, er "Laura Todd had suffered prolonged numbness as a result of anaesthesia once before.

Dr Merrick had mother and baby's best interests at heart.

" But Laura Todd did say that Merrick had not told her, prior to the operation, that she wouldn't be anaesthetised.

Except that Dr Merrick says he did.

Two people in the room, one an eminent doctor, the other a hysterical pregnant woman.

Who are they going to believe? There's got to be something else.

Has he been sued? Er, no.

We checked.

I hate to have to say this, but we've reached the end of the road on this one.

Unless we can prove that he's a danger to his patients, we've got nothing.

Maybe we can.

Yes.

Alec was experimental.

That's one of the things I liked about him.

What about S&M? Are you offering? He got me into it.

Don't knock it till you try it.

Your relationship started when you were still his patient.

What has Alec done? Was there a time when you wanted to stop but felt you couldn't? That's all part of the fun.

OK.

Do you feel he abused you at all? Oh, please.

Look Alec is a good man with some very bad habits.

There's a lot of pressure on him in the outside world.

Pioneering treatments for infertile women.

Raising money for r*pe victims.

What he did with me was an outlet.

So why did you end it? Nothing turned Alec on more than fear.

When I stopped being scared, he wanted to take it further.

How much further? Did he want to t*rture you? I don't mind ropes at all.

Just Not around my neck.

It seemed creepy after what happened to his wife.

Dr Merrick's wife Tessa Merrick hanged herself five years ago from a beam above their bed.

And she left a note.

"You can't hurt me any more.

Love does not equal pain.

" It says here she had a history of mental illness.

But does that even matter if he was torturing her? Have we got proof of that? He's a pervert.

He tied a rope around Donna Miller's neck because it turned him on.

But he stopped when she asked him to, Matt.

And everything else they did was consensual.

So he moved on to Laura Todd, to easier prey.

And God only knows what he did to poor Diane Perkins, who also tried to k*ll herself.

This is a doctor who likes to hurt people.

Am I the only one making connections? We're all seeing the links, Matt.

We all know he's a nasty piece of work.

But we also know that Diane Perkins hasn't made any allegations.

And Laura Todd's complaint was not proven.

And what about Alesha? I thought you'd understand.

As a woman As a woman, I want to cut off his d*ck with a rusty hacksaw and ram it down his throat.

As your boss, I suggest you take what you have got to Steel and see what he says.

There isn't enough.

No, but - There's no real evidence here.

His wife's su1c1de is irrelevant, and the rest is inadmissible.

Look at the history.

It's bad, yes.

But a judge won't allow any of it.

It's got nothing to do with what Dr Merrick allegedly did to Alesha.

What's going on? We don't have enough of a case.

I'm sorry.

No other women have come forward.

They're probably too scared to speak out.

Which is what he relies on.

He'll do it again.

He won't stop.

And what if he goes further next time? Alesha.

What if he already has? If no-one speaks out - James, I spoke out.

All I have is your word against his.

There's his reputation.

Why would a Harley Street doctor want to touch up a black girl from Hackney? You're making this personal.

It is personal, James.

I was the one lying there.

I'm as angry as you are.

You're not.

I want to help you.

Then do something.

We don't stand a chance.

Oh What kind of message are we sending out here? "Guess what, ladies.

You're just not worth the risk.

" Alesha, please.

It's not just about me, James.

It's about everyone else.

There's nothing I can do.

Are you feeling OK? Just a bit nervous.

Oh, there's no need to be.

OK, if you could just hop up on to the table for me.

I've had some.

Have some more.

It helps to show up any problem areas with the scan.

Here's the lignocaine.

Before we start, would you like Nurse Gregory to stay? You do have that option.

No.

No, it's OK.

Then I will see you tomorrow.

Thanks.

You're no good to me up there, I'm afraid.

You'll have to lie down.

Ah I feel weird.

Relax.

The odds are, you won't feel a thing.

Alesha.

Have some more water.

Good girl.

You ready? No You came back.

She called the office and asked us to go over.

What's happened? She said she's been drugged and r*ped.

I took a urine sample straight away.

The doctor who examined her said there was penetration and ejaculation.

No wounds, but lots of heavy bruising.

Finger marks on her thighs.

She's in here.

Where did it happen? Harley Street.

Merrick.

That was the name she gave.

Right.

Why don't you go and see her? You're her mate.

KNOCKING How are you? I've had better days.

At least now we can lock the bastard up.

He drugged me, Matt.

It must have been rohypnol or GHB.

I don't know.

But he kept plying me with water in his office, and then in the room.

Why did you go back after what he already did? Someone had to stop him.

I didn't expect him to r*pe me.

It hurt like hell.

He kept talking.

I couldn't do anything.

You know? Like in a nightmare when you can't move or scream.

It's OK.

Whatever romantic details I've forgotten, should be on this.

You filmed it? Hid it in my bag.

It's not my word against his any more.

I won't be a victim, Matt.

MERRICK ON VIDEO: 'This is what you want, isn't it? ALESHA: No! You begged me to do this to you.

Stop! Horny little slut.

Dirty little black bitch.

There now.

Didn't that feel good?' Did you speak to Merrick? Um, no.

He had the morning off.

Although we did speak to the nurse.

She went straight home after leaving the examination room.

She's an agency nurse.

She's been with him a month.

Had no idea this was going on, obviously.

What about the rest of his staff? Well, they think the world of him.

Forensics found no trace of semen.

He'd cleaned up.

We're now waiting to see if there's any traces of dr*gs in Alesha's samples.

They'd better find something.

We've got all the evidence on the tape, though.

Not really.

Case is thrown out.

Alesha goes back.

Knee-jerk defence.

Entrapment.

She went in for a biopsy.

With a spy camera.

Did you know she was going to do this? Oh yeah (!) I said, "Don't give up.

Next time, you might get lucky.

" Ronnie Brooks.

Hello? The cab she hailed on Marylebone Road.

Does the driver remember her? He remembers the drop-off at the hospital.

But not the customer, no.

Thank you very much.

Er, OK, gentlemen.

There were traces of GHB in Alesha's samples.

Well, that's something.

She's here.

Hey there.

Are you all right? Yeah.

You should be at home.

He's right, you know.

Cup of tea in my office, gentlemen, please.

That's a first.

George entertaining.

Did you watch it? Yes.

What are you going to do? I can't talk about it.

What are you going to do? There were traces of GHB found in your samples.

Then we've got him.

It's not that simple.

He asked you if you wanted a nurse in the room.

You said no.

You went back there after he'd assaulted you.

He's going to be in the witness box, claiming that you wanted it.

To be drugged? And r*ped? To incriminate him.

Less than 6% of reported r*pe cases which go to trial - I know the statistics.

I have to do this, and you have to prosecute for me.

We have a personal relationship.

Please.

I have to know that what I went through was worth it.

No.

Don't say that.

You're always telling me that we should fight for the victim.

I am the victim.

Fight for me.

OK.

Thank you.

There he is.

Dr Alec Merrick.

Yes? You look so much taller on film.

We're arresting you on suspicion of the r*pe of Alesha Phillips.

You don't have to say anything, but it may harm your defence if you do not mention when questioned, something you later rely on in court.

You're hurting me.

Didn't that feel good? What was Alesha thinking? Playing Nancy bloody Drew? She didn't want him getting away with the as*ault.

He may get away with a lot more now.

He's got Phyllis Gladstone as his defence barrister.

Great (!) We know what she'll argue - a woman has the foresight to record her own r*pe? Looks like she expected it.

Instigated it.

Tempted an otherwise innocent man.

He's not innocent.

He drugged her.

You've seen the tape.

I didn't see him force dr*gs on her.

You'll have to prove that he has the propensity to commit sex crimes or he walks.

He's a very eminent doctor, James.

Why did she have to go and get herself r*ped? I mean, how stupid can you be? It's done.

It's happened.

So now we have to deal with it.

She'll go through hell in that witness box.

She's already there.

The subconscious endorsement of the female counsel.

The oldest trick in the book.

I like to think Dr Merrick picked me because I'm the best.

How can you defend that man? Cab rank principle.

You bang on to the press about the rights of women who hit back at their abusers.

I'm doing this for them.

Women who cry r*pe spit in the eye of the genuine victims.

Alesha is a genuine victim.

Judge Silverton doesn't think so.

Why else would he allow reporting restrictions? Dr Merrick treats MPs.

You saw that tape.

She didn't fight.

She didn't scream.

Because she was drugged.

That was her idea.

To put her in the mood.

You are kidding me? GHB has been used for recreational purposes for years.

Not by Alesha.

He spiked her water.

Then he r*ped her.

she was badly bruised, Phyllis.

She likes it rough.

That's what she said in his office beforehand when she came on to him, all tits and teeth.

Agent provocateur.

If you cared about her, you'd spare her what I'm about to put her through.

She is tougher and stronger than you think.

Hm.

VIDEO: 'This is what you want, isn't it? No! You begged me to do this to you.

Stop! Dirty black slut! Bitch.

' Didn't that feel good?' Why did you take a camera into the examination room? Dr Merrick had touched me inappropriately before.

I believe that he was abusing his position as a gynaecologist.

And you wanted confirmation of that? Yes.

That's why I didn't ask the nurse to stay.

Thank you.

No further questions.

You're a CPS employee, Miss Phillips.

Why don't you trust the police? Weren't they investigating this alleged previous incident? They didn't have enough evidence to proceed.

I wanted proof.

Which is why you suggested to my client that you take dr*gs and have sex with him? I did no such thing.

As an experienced prosecutor, you must have seen a lot of r*pe trials.

Yes.

So you'd know what would make a convincing r*pe victim? I'm not lying.

You've just admitted that you went there that day, with the sole purpose of enticing Dr Merrick I didn't entice him.

.

.

into a sexual act.

I thought he would touch me like he did before.

I had no idea he would drug and r*pe me.

Who is Dr Barbara Lawrence? She's my doctor.

What kind of doctor? She's She's a gynaecologist at Waterloo City.

And you've been seeing her for the last five years? Yes.

Do you see two dentists, Miss Phillips? I wanted a second opinion.

Who is Diane Perkins? Is she a friend of yours from City Law School? Yes.

My lord, I don't see how this is relevant.

Miss Gladstone? Where is this heading? Diane Perkins is a former patient of Dr Merrick's who has a grudge against him.

This has never been mentioned before, my lord.

The defence case is that these two women must have set out together to smear Dr Merrick - My lord, this cannot be allowed.

It was nothing more than My lord! .

.

grubby little vendetta.

Please, my lord! .

.

not a quest for justice.

How would you feel if you were cross-examining me, Miss Phillips? That's enough, Miss Gladstone.

Members of the jury.

May I ask you to go with the usher for a few moments? Thank you, Miss Phillips.

You can go.

This should have been raised at the pre-trial review.

It's something the defence themselves have only just found out.

Do you plan to call Miss Perkins to give evidence? I don't.

She is mentally unstable.

But I can put it to the witness.

This is without foundation.

How can there be a fair trial now? The jury should be discharged.

There's no need.

I'll tell them to disregard Miss Gladstone's remarks.

The seed has been planted.

The damage is done, which is what Miss Gladstone intended.

If I swapped juries every time a barrister ran off at the mouth, we'd never reach a verdict.

Thank you, my lord.

You should have told me.

Diane was my best mate in uni.

She was r*ped by her boyfriend and his room-mate.

They said she'd asked for it.

She took a whole load of pills.

She quit.

She went home.

Only I knew.

What's all that got to do with Dr Merrick? She thought she couldn't have kids because of what they did.

That's why I told her to go and see him.

God, I even lent her the money.

Alesha, why didn't you come to us? What was the point? She wouldn't even talk to me.

Her friend.

So what? You went to Merrick's, to find out what he'd done? I never knew, but He must have r*ped her too.

And now he'll walk free, leaving all of his victims to live with what he did.

And it's all my fault.

OK, James.

Merrick's next.

Don't let your emotions get the better of you.

Be passionate, yes, but stay focused.

Alesha has already lost credibility as a witness, thanks to the wicked witch of defence.

She needs you to go in there and be brilliant.

Do you want to do it instead of me, George? Don't tempt me.

I won't let her down.

She said she'd been fantasising about me since the day we met, that she had a thing for doctors.

And then she told me what she would like to happen.

What was that, Dr Merrick? She wanted to take some GHB, then go into the examination room, and act as though we were going to do the biopsy.

We would get rid of the nurse, .

.

and then Er Do you remember her exact words? Answer the question if you will.

Ahem.

That I was to "give it to her good and hard.

" Those are her words, not mine.

How did you feel when you were arrested for r*pe? Devastated.

I've treated r*pe victims.

I raise money for r*pe crisis centres.

I know from experience how horrendous it is for them.

Thank you, Dr Merrick.

Do you call all your women dirty b*tches? It was part of the role play.

The whole thing made me feel very uncomfortable.

It didn't look like it.

You seemed quite at home penetrating a patient who couldn't fight back.

She said it was her fantasy.

To lie there helpless, while you abused her? I wish I hadn't fallen for it.

I was stupid and weak.

But I did not r*pe her.

You're very good at role-play, aren't you, Dr Merrick? What role are you playing today? I'm here to tell the truth.

How can we believe a man who swaps characters so easily? You were very convincing as the sadistic r*pist we all saw on film.

Which is the real you? I am the victim.

But you didn't know you were being filmed.

That was the real you, wasn't it, Dr Merrick? A man who thinks nothing of drugging and raping a patient who'd come in for a cancer biopsy.

She entrapped me.

She came to you for help and you r*ped her.

She asked for it.

Did your other victims ask for it too? My lord, this is an outrage.

The ones you drugged and tortured? This cannot be allowed.

I have never hurt any woman.

What about your wife? Didn't she hang herself, leaving a note about escaping the pain? That's enough, Mr Steel.

You don't have to answer that question, Dr Merrick.

The jury will disregard those last remarks.

Very well, my lord.

I'd like to answer that, if I may.

My wife was a manic depressive.

I knew that when I married her but I was deeply in love.

She couldn't conceive.

The pain I caused was that I could help other infertile women, but not her.

Everyone who knows me will tell you that I have dedicated my life to empowering women.

Like Miss Phillips? I did not r*pe her.

No further questions.

Members of the jury.

Have you reached a verdict upon which you are all agreed? Yes.

In relation to the count of r*pe, do you find the defendant, Dr Alec Merrick guilty or not guilty? Not guilty.

He won't stop.

The next lucky lady is out there somewhere.

You must be very proud.

It was the jury's decision.

They didn't know the facts.

You did.

You shouldn't have taken this case.

You're too emotionally involved.

It's over.

Not for his victims.

Not for Alesha.

You just helped a r*pist walk free.

Try telling that little story at your next women's rights function.

I'm sorry.

I should have told you about Diane.

Unless anyone else comes forward, we'll never get him.

No-one will come forward.

It's not over.

What can we do? His victims know what he did.

They all think they're alone.

If he were to be arrested in public, they might speak out.

And give you the evidence you'd need to charge him? Dr Merrick is giving a talk tomorrow on latest developments in curing ovarian cancer.

Three o'clock.

There will be TV cameras there.

I know this is a lot to ask, Matt.

Are you OK with it? I'm more than OK.

What do you reckon, then, guv? All we need is for you to give us the nod.

Wait until they start filming.

We've seen enhanced recovery programmes work for colo-rectal surgery.

And I'm pleased to say that these principles can be applied to gynaecological .

.

can be applied to gynaecological oncology as well.

Um Patient outcome is excellent, and satisfaction high.

Er The key word here, ladies and gentlemen, is aftercare.

You said it.

Dr Alec Merrick.

We're arresting you on suspicion of r*pe.

WOMAN: Have you got anything to say, Doctor? Smile for the cameras.

'I will fight this case on behalf of every innocent man who has been wrongly accused.

Thank you.

Excuse me.

' Have we got a case yet? We're working on it.

Diane Perkins still won't give evidence.

I checked.

So what's going on? You've got nothing concrete, have you? This is a bluff.

If you don't drop this now, you'll be in no end of trouble.

Could you come in now? either assaulted, or r*ped, by one Dr Alec Merrick, MBBS.

They all came forward in the last 24 hours, due to your arrest.

Why are you doing this? I only did what you asked me to.

One of them is Diane Perkins.

You can't get away with this.

My client was arrested without a claimant or a case.

It's wrongful arrest.

It was a punt.

Totally unprofessional.

Yes.

It could all have backfired horribly but, happily for us, it didn't.

I'll be filing a report with the Bar council.

Good luck with that.

In the meantime, I suggest that you ask James, would he? I'd like Dr Merrick to spend a week locked in a room with his victims.

But I'll settle for a life sentence.

Go home.

Get some sleep.

Hello, sweetheart.

How's my little girl? How's about old Dad come round with a takeaway? Great.

What do you fancy, a Chinese or a Thai?