02x11 - Duty of Care

[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.

Look, just ten minutes.

I need to see you.
I'm going out of me mind here.

I know, and I'm gonna tell her. I swear.

Your phone! What are you doing?!

I need your phone!

My son-

He-

Yeah, a fire!

There's a bloody building burning down!

Is there anyone else inside?

My-my son's inside.

yeah, her boy.

Above the news agents'.

I don't know how
long it's been going.

Yeah. Okay.

It's all right. They're on their way.

But it could have been
a hell of a lot worse.

Well, I'll you what,

It looked bad enough to me. Yeah.

The lad from the
flat didn't make it.

C.O. Asphyxiation. That's the lad there.

Looks like he never woke up.

We're talking suspicious origins?

Yeah, the guys reckon some
sort of accelerant was used,

But I can't tell you anymore
until we get in there.

Anyone else in the flat,
mike? Just the mother.

There's a daughter,
but she was at a sleep-over.

What about the mum? How's she doing?

Well, about how you'd expect.

Let me through!

Sorry, sir, you won't be able to park there.

I'm not moving my car.
I am not going to wait.

Sir, it's a crime scene.

I've got a right-
what's the problem?

That's my shop.

Okay, just move your car.

But don't go anywhere.
We need to talk to you as well.

Oh, man, I don't believe this.

Sir, your car is obstructing the ambulance.

I lost everything!

There's a woman behind you in that
ambulance who's just lost her son.

So how about you shut up and move your car?

Seriously? Seriously.

Paint thinner.

They found the remains of the container

Just on the entrance to the flats there.

Looks like that's your point of origin.

They'll run tests to confirm,
but if it quacks like a duck...

Well, whoever did it wasn't worried
about covering their tracks.

No. That's the great thing about arson:

Equal opportunity crime-
any moron can light a fire.

Poor ian.

Terrible what
happened in that fire.

I'm afraid I can't offer you any tea...

Only I'm having one of my bad days.

We're fine, really. You sure?

Oh...Beautiful, sweetheart.

You and your mum can stay
here as long as you need to.

She's pretty, isn't she, katie?

Um... Megan,

I understand ian had learning difficulties.

Right.

And would you mind telling us
what was the matter with him?

He had developmental problems.

He had trouble with his breathing.

And-

And he was...

He was slow with-
with stuff, and...

He didn't like noise.

I tried to get him out of there,
I did, I tried.

The handle was too hot.

I shouldn't have left him in there.

How old was the boy that d*ed?

Just turned 13.

No chance of prints off the
bottle of paint stripper?

No, it was too badly b*rned.
The dna is a no-go as well.

And I'm guessing it's available
at all good retailers.

You wouldn't want to make it too easy.

Any sign of forced entry?

Doesn't look like it.
The mum made her escape

From a fire exit
on the first floor,

But according to her
statement it was still locked

When she got there. So she wakes up,

She smells smoke... Tries to save her son,

And then she goes for help.

Do we know who owns the building?

Well, the flats are owned
by a management company.

If it's an insurance scam,
it's a pretty bad one,

They should have at least tried
to fake some sort of forced entry.

And as far as I can see they've
got nothing to gain by it.

The shop downstairs is
another story, though.

Owned by one sanjit chatterjee, currently
under investigation for unpaid v.A.T.

And selling alcohol
without a licence.

He's already got one failed
business under his belt.

Pled bankrupt in 2006
at the tender age of 25.

So not exactly young
entrepreneur of the year.

And he's got a stupid beard.

That's enough for me.

So I see here you had a
flood six months ago.

Yeah, a burst pipe.

Careful, man.

Sorry, boss.

You claimed ten grand's worth of damages.

Yeah, a lot of stock got damaged.

And then the year before that

There's an electrical fire.

Another five grand claimed on the insurance.

So, fire, flood- all you
need now is an act of god.

So what? You think I did this?

Well, we know you got cash flow problems,

Especially as far as the v.
A.T. Man is concerned,

And it wouldn't be the first
time you cut your losses.

Oh, here we go.

Look, I was young.

Decided to try my hand at the music
business. It didn't work out.

As for the v.A.T. , my accountant
stuffed up. That was all.

I'm getting it sorted.

But a nice big insurance
claim should help a lot.

Yeah, it would.

Trouble is, I couldn't afford the premiums.

You claim once, it's bad enough,

But claim twice, forget about it.

You're saying you're not insured?

I had to take a payment break.

Talk about timing.

Devlin.

Ang, what you got? Seriously, man,

My grandparents put their
savings into this place.

My whole family help out.

There is no way I'd torch it.

Yeah, sure, we'll head over there.

Megan parnell, the woman from the flat.

Apparently she made
several complaints

To her safer neighborhood team.

Some of the local lads
were giving her a hard time

On account of her son having special needs.

Right. How bad did it get?

Bad enough to get one of them an a. S.B.O.

Yeah, what?!

Simone lewis,

D.S. Brooks, d.S. Devlin.
We need to talk to you

About your sons.

Which ones?

Aaron and lee.

Oh, not this again.

Leave 'em alone, can't you? Just kids.

We're investigating a fire

At the home of megan parnell.

Oh, yeah? Yeah.

And we understand that your boys
have been giving megan and her kids

A bit of a hard time.

Yeah. So what?

So perhaps you wouldn't mind telling us
where they were at one o'clock this morning.

Just answer the question, please, Aaron.

Sorry, did you say something?

You know what I reckon, lee?

I just think you're playing with us here,

I really do.

I mean, how old are you? Nine? Ten?

Eleven...w*nk*r.

"w*nk*r"? That's a bit harsh.

Where were you at one o'clock this morning?

No, sorry. I don't speak gay.

I'm quite a nice bloke when you
get to know me. Or so I'm told.

It's not just your hair that looks gay.

You even got a gay face.

I mean, how old's aaron?

He's thirteen.

I think he reckons he's too
cool to be hanging around

With his little brother anymore.
No, he don't.

Did you always know
you was a bender?

Is that why you became a copper?

Doesn't he think that you're
cramping his style,

He's acting the big I-am out
and about with all his mates,

Trying to impress them?

Meanwhile, you're stuck at home

Because he wants to be out
with kids his own age.

He thinks you're a baby.

He couldn't even get in without me.
The window's too small.

Right, I see it now.

So he's the brains and you're the brawn.

How small is this window, then?

They were at school in the middle
of the night?

Won't set foot in the place in daylight,

But apparently spend their
nights trashing school property.

We believe them?

Camera footage has them near
the school gates at 12:10,

And then again at
3:30 this morning.

What are they doing in
there for three hours?

According to the head teacher,
defecating in the home ec lab.

Amongst other things.

Three hours?

I suppose we can charge
them with criminal damage,

And then we've got to
let them go. Why bother?

They'll only be
back here next week.

I don't know, might be a little bit longer.

I think I put the frighteners
on the little one.

Impart some fatherly wisdom, did you, ron?

That wouldn't be the first young
tear-away I've had to sort out, would it?

Eh, matty?

Okay, so one of the
neighbors thinks

She saw a white middle-aged man,

Medium height, medium build,

Knock on the door late afternoon

Then walk away.

Other than that, we've got nothing.

According to social services,

Csa have been after megan's
ex for the past year

For non-payment of maintenance.

And apparently parnell's
got a bit of a temper.

There's a note on here and it says,

"he is extremely abusive and uncooperative."

Hardly a first. Yeah, but what are the odds

He's white, middle-aged,
medium height and medium build?

Ian's what, thirteen? Yeah.

So that gives craig another
five years of payments.

For a son he wanted nothing to do with.
Or so we're told.

So he kills his son to save money.

I've known people k*lled for less.

When did you last see your son?

I don't know,
a month ago, maybe two.

Really.

Yeah.

Me and his mum, we don't get on.

Understand there's
been a few problems

Regarding maintenance payments.

megan been bending your ear, has she?

Must be an expensive business,
supporting a family

And trying to start a new life for yourself.

Look, ian belonged in a home.

Megan wouldn't have it.
Wanted to keep him with her.

He was her son.

I was the one forking over.

He would have been better off somewhere
where they could look after him properly.

Seems a bit extreme, doesn't it?

Residential care for a kid
with learning difficulties?

Learning difficulties?
He was full-on Ret*rded.

He's thirteen years old
and still wearing nappies.

So is that why you
and megan split up?

I guess I wasn't cut out for being a dad.

Not for a kid like that.

So sue me.

So you weren't outside megan's
flat Monday afternoon?

Nope.

Why, someone said I was?

Would it change your story if they had?

Okay, fine. Yeah, I went round there.

I'm just fed up with the hassle
I'm getting from the CSA.

I wanted to talk to megan face-to-face.

And what happened? Nothing.
She wasn't there.

Why lie about it? I don't need more hassle.

Or maybe you went round
there later... Say, one a.M.

Just forget it.

I was with me girlfriend.
We went out for dinner,

Afterwards went back to her place.

Parnell's girlfriend has confirmed
his alibi.

She also said that his son ian had
a thing about playing with matches,

And if anyone was gonna be starting a fire,

It would probably have been him.

Well, neither mum nor dad mentioned
this obsession with fire.

No. Funny, that.

So what, this girlfriend's
going the extra mile

To stand by her man? I reckon,

Which probably makes her man
even more of a likely suspect.

Still, wouldn't hurt to
rule the boy out altogether.

Is there any way he could have
got hold of paint thinner?

We can check, but whether he knew
what is was is another matter.

No, not possible.

I keep everything locked up in a cupboard.

Well, where did you keep the keys?

On the ledge by the door.

That's not the most original
place to hide it, is it?

Who's gonna be looking?

Did ian know you kept it up there?

Maybe.

I come here, what, two, three times a month?

I do all the maintenance for the building.

Ian, he didn't like noise.

But if it was a quiet job,

You know, like changing
light bulbs or something,

Sometimes he'd sit and watch.

Gave his mum a break, you know?

And where'd you normally
keep the paint thinner?

In there with the paint.

Well, I can't see any.

Well, it was there.

Ian had a rare condition known as
childhood disintegrative disorder.

It's sometimes known as heller's syndrome.

Sometimes the condition plateaus,

But sadly, with ian,
he continued to deteriorate.

And when you say deteriorate,
to what extent are we talking about?

He required constant monitoring

For his respiratory and digestive functions.

He also became increasingly
aggressive and violent,

And there was a marked
deterioration in his motor skills.

Would he have been able to unlock a door?

What about climbing
up onto something,

Getting a key off a ledge?

No, not ian.

By the time he left here,

He couldn't get a
spoon to his mouth.

Right. Well, thanks very much for your time.

You know, ian used to be a sweet, happy boy.

His mother wanted so badly to
believe he would get better.

And then she finally understood
he was only going to get worse.

I watched it sink in.

And to be honest...

I thought it would k*ll her.

She wouldn't be the first.

I know.

She was at the scene,
she had access to the accelerant.

I know.

Why do people ever decide to have kids?

I mean, you got no idea what
you're letting yourself in for.

Well, you just gotta love
'em and hope for the best.

What if there is no hope?

Okay, this is megan's bedroom.

And what am I looking at?

According to her statement,
megan said she woke up,

Smelt smoke, and then ran out of the room.

Does that bed look slept in to you?

Plus the bedroom door was shut.

That's why there was so
little fire damage in there.

Then there's this.

She told us that she tried to get ian out

But she couldn't because the
door handle was too hot to touch.

Except that ian's door was already open.

She wouldn't have had to touch the handle.

Look, it was dark, she was
surrounded by flames and smoke.

She was disorientated. Guv, it's-

I'm serious.

Before I start accusing a
mother of k*lling her child-

Guv, I'm sorry. That's the lab.

They've finished testing
items from the scene.

Megan parnell's sweatshirt...

Has got paint thinner on it.

Bring her in.

I don't understand.

Well, megan, you told us that you woke up

And then you went to save ian.

That's right. I tried to get him out.

Well, we think that

You never went to bed in the first place.

What?

Your bed was still made.

And the door to your bedroom was shut tight.

That's what slowed the fire down.

I don't know what you're talking about.

Well, you see, megan...

We think you waited...

Till ian fell asleep...

Then you went down and
got the paint thinner...

You poured it on the stairs, you lit it,

And then you made your
escape through the fire exit.

No. That's not what happened.

Well, you see, megan,

We know that things got
really desperate for you.

Maybe...

Maybe you didn't
mean for ian to die.

Maybe you were just trying to let someone
know that you really needed help.

No. It-it wasn't like that, I swear.

You see, all this evidence...

It leads to one conclusion, megan-

That you started that fire...

And you left your son to die.

My lady,

My client has already had to endure

Of one child.

I would ask that she not be
separated from her remaining child

Pending the resolution
of this matter.

Ms phillips?

We believe the defendant to be responsible

For the untimely
death of her child.

Given the nature of the crime,
we maintain that bail should be refused.

My lady, this will only compound
a grieving mother's suffering.

And based on what? The defendant
is charged with m*rder.

The crown would not have undertaken this
prosecution without sufficient evidence.

I believe that is yet to be demonstrated.

That is why we have trials, mr peck.

Hey.

Hope you didn't take
that personally.

Sorry? Thought I should
bring out the big g*ns,

Seeing as the poor
woman's innocent.

You sure about that? Absolutely.

As long as she doesn't
tell me any different.

It's alesha, right? Dominic.

I'm glad to have an excuse
to get to know you at last.

Your average female barrister

Looks like a pig in a wig. Excuse me?

Come on, you know it's true.

I think we're gonna have
a lot of fun, you and I.

I mean, I'm not saying
it won't be a challenge

Selling the lovely mrs parnell to a jury,

But hey, it's all
in the presentation.

As far as I can remember,
being fat and stupid isn't a crime.

More's the pity.

Now, mrs parnell! Where were we?

I thought the evidence

Was conclusive. Yeah, it is.

So why plead not guilty?

Does her lawyer know
something that we don't?

I doubt it. The guy's an idiot.

He's just hoping that the jury will
find her too sympathetic to convict.

And is she? Hardly.

This wasn't some kind of
compassionate mercy k*lling.

She set fire to a building with
her disabled son trapped inside,

And she didn't care how many
other lives she put in danger.

Still, it's a highly emotive situation.

She'd been caring for a severely
disabled child for years

With little or no support.

They're bound to try and
use the boy's condition

To cultivate sympathy for the defendant.

Which is fair enough.

I'm not saying she
wasn't struggling,

But that's hardly justification for m*rder.

It could down the route of
diminished responsibility.

You said that she was on antidepressants
for the last couple of years.

No, they don't have grounds
for diminished responsibility.

She had a full psych assessment
when she was in custody,

And nothing was flagged up.

It would be good to establish
state of mind before the offence.

You said that megan visited the
emergency department with ian

Two days prior to the fire. Mm-hmm.

Okay, so we talk to the
doctor that saw them,

Get a professional opinion.

Very good. Good.

Go forth and prosecute.

No, there was no abuse involved.

The skull fracture came from
autistic-type head-banging.

The broken wrist was sustained
during an epileptic seizure,

And the broken ribs
came from a fall.

We also treated his mother on
several occasions. What for?

The last time was when she
tried to hold him down

To protect him during a seizure,

He threw her off and she
chipped a bone in her elbow.

Was it deliberate? No.

No, he wouldn't have
known what he was doing.

But the situation was
obviously becoming impossible.

The last time we spoke, I...

Suggested she rethink the
idea of residential care.

And what did she say?

She said if it came to that,
he'd be better off dead.

It is also the contention of the defence

That the evidence given by dr
schreiber should be excluded

Under section 78 of p. A.C.E. Eleven.

Not to mention the fact that it
falls squarely under the heading

Of patient-doctor privilege.

My lady, it was, in fact, mrs parnell's son

Who was the patient at the
time she made the statement.

Then privilege is irrelevant,

As as your other objections,
mr peck.

In that case, I also
wish to apply to exclude

The sweatshirt worn by mrs parnell

On the night of the fire
under section 78 of p.A.C.E.

Twelve.

How can the prosecution claim that
it is the exact same paint thinner

That was used to start the fire?

Uh, I believe that's a question
for our expert witness.

But there's also the manner in
which the sweatshirt was obtained.

Mr peck, please stop.

The sweatshirt stays in.

I suggest you quit while you're-

Well, I suggest you quit, anyway.

Trial is listed for ten a. M. Tomorrow.

I see no reason to
delay any further.

Do you think he's read anything

Other than section 78 of pace?

I doubt he's even read that.

Dominic peck.

Okay.

No, I won't be able to
do it within the hour.

Well, I'll try.

Excuse me.

Do you know what time
we're meant to go back in?

We'll be starting again at two.

Oh.

It's just they said I could
see my little girl today.

Really? Who told you that?

Now, now, mrs parnell.

No fraternising with the enemy.

Come on.

And have you ever

Come across someone waking
up with their home on fire

Taking time to make the bed
before leaving the building?

Well, not in my experience.

Thank you. No further questions.

Mr harris,

In warm weather I'm sure most of us

Tend to sleep on top of the covers.

The night of the fire it was below freezing.

But still, if someone were
reading a book or a magazine,

The might still fall
asleep on top of the covers

Regardless of the temperature,
mightn't they?

Well, they might.

Thank you.

But no books or
magazines were found

By the defendant's bed.

I told her she should consider

Placing him in residential care.

And what was her response?

She was worried that other people

Wouldn't look after him properly.

I know there had been some difficulties

When they had tried respite care.

But I told her it
would be different

If he was found a permanent
place in suitable institution.

But she was still unconvinced?

She became very upset.

She said if it came to
putting him in a home,

He'd be better off dead.

Thank you, doctor.

Dr. Schreiber...

I'm sure you're aware that people
exaggerate sometimes for effect.

Of course. Did you think
she wanted him dead?

My lady- let's avoid speculation, mr peck.

My lady.

Did she say she wanted him dead? No.

In fact, did she not ask you about
alternative treatments for her son?

Yes, she did.

She told you that
she'd try anything,

Anything at all,

If it meant getting her little boy back.

Yes, she did. She desperately wanted
to improve his quality of life.

Which is quite the opposite from wanting
to end his life, wouldn't you say?

Thank you, doctor. I have nothing further.

Did you see the look in the jury's faces?

He has them seeing it as an act of mercy.

There's a risk of a
"not guilty" here,

Even with an idiot like peck,

Simply because they're feeling
that poor woman's pain.

I think george could be right.

I know that, given the facts,
the charge had to be m*rder,
but it jus doesn't feel right.

I just don't understand why peck didn't
go for manslaughter from the start

Using the doctor's statement

As evidence of severe emotional distress.

It's what any other defence
lawyer would have done.

Well, sadly, we can't guarantee

The quality of opposing counsel.

Maybe...

We can force this particular
counsel to do the right thing.

And what do you have in mind?

I'll talk to him.

Tell him we'll accept a
plea to manslaughter...

And hope he's got sense enough to agree.

Interesting.

I think you'll agree it's in the
best interests of your client.

Well, I think that's
for me to decide.

No, it's for megan to decide.

You know, the woman you're representing?

Manslaughter.

That'd mean a definite prison sentence,
though, wouldn't it?

Yeah, it usually does.

The thing is, all megan wants
to do is stay with little caley.

It's katie. Exactly.

And I promised her I'd do my
damnedest to make that happen.

You shouldn't have promised her anything.

Hey, it's always good
to give the ladies hope.

As predicted,

My client wishes to proceed
with the not guilty plea.

You have explained that a m*rder conviction

Carries a mandatory life sentence?

That's not really the issue here.

I disagree.

Mrs parnell, I must stress
that if you are found guilty,

You could be sentenced to 25 years in-

Yes, thank you, mr steel.

And given the evidence against you,

You should know that that
is a very real possibility.

But I thought you said
if I pleaded not guilty-

That's enough.

I think we're done here.

Megan, is there anything you want to say?

I don't appreciate the
scare tactics, mr steel.

It's okay. He's just trying to confuse you.

Your client has the right
to know what she's risking.

I assure you, my client is fully informed.

Well, at least she is now.

Makes you wonder what he's gonna do next.

I know, but I bet megan parnell
is as in the dark as we are.

James! Peck's entered a new plea.

Diminished responsibility?
Not guilty by reason of insanity.

Based on what?! He's found an expert

Who will say megan parnell was
legally insane when she set the fire.

So first she didn't do it, now she did it,

But she didn't know what she was doing.

He's lost the plot.

He must realise what
this could mean.

It if works, megan could end up
institutionalised for the rest of her life.

She wouldn't just lose her daughter,
she'd lose everything.

You know the jury will see this
for the cynical ploy that it is,

And all you'll have done
is discredit your client.

Perhaps.

Or perhaps they'll be too
busy crying into their hankies

Over poor, misunderstood megan.

Shouldn't overestimate
your average prole, james.

It's all about emotion,
not the truth.

They told us about

Win-at-any-cost barristers at law school.

First time I've seen one in action, though.

Yeah, peck's a prime example-

Raging ego, limited ability,
and absolutely no ethics.

He really doesn't care
what happens to megan.

It's like she's just a pawn in his game.

Maybe, maybe not.

She's still the one who
chose to plead not guilty.

If peck's playing a game,
she's going along with it.

Don't think of her as the
innocent victim here.

Megan?

By pleading insanity,

You understand that you're saying
that when you started the fire

You didn't know it was wrong.

Yeah.

I didn't know what I was doing.

You were upset about ian.

Yeah.

But I wasn't thinking properly.

I was upset and confused.

Can you tell me what it was like

When your son first got ill?

I mean, it must have been very difficult.

Yeah, it was really hard.

I understand ian changed quite quickly.

It was around the time
of his fourth birthday.

His favorite song was old macdonald.

He was always singing it.

Then he forgot that pigs go "oink."

He started saying there was
a bad mouse in his head.

A few months later, he stopped
talking and using the toilet.

He wouldn't even let me hold him.

He-he couldn't bear to be touched.

Short version , she's not insane-

Not now, and not the night
she started the fire.

The long version?

She certainly has significant
mental health problems-

Depression, acute anxiety,
chronic sleep deprivation.

Her son rarely let her sleep
more than two hours at a time,

And that's every night for thirteen years.

You could argue
that was her choice.

She repeatedly refused to
have him placed in a home.

Has anyone bothered to ask her why?

Probably not the defence.

Megan's mother had
recurring health problems.

Her father was an alcoholic.

Her only other relative was
an aunt in a wheelchair.

So megan spent several long
periods in children's homes.

Not happy times?

The standard of care in the early eighties

Was variable, to say the least.

Megan was an awkward, unattractive
child with zero confidence.

We all know how cruel
children can be.

But she wasn't insane.

No. She wasn't.

So who's he found
to say that she was?

In your opinion, doctor,

Was the defendant severely
stressed at the time of the fire?

Based on my interviews with megan,

I believe that her stress level

Had risen to the clinical
designation a.C.S.S.

And what is that?

Acute caretaker stress syndrome.

A.C.S.S. Is characterised
by irrational behavior,

Radical emotional dissonance,
and cognitive malfunction.

Would she have been able to tell the
difference between right and wrong?

In my opinion, no.

Thank you, doctor.

Which medical school did you attend,
doctor arlberg?

My doctorate is in psychoanalytic studies.
I didn't go to medical school.

So you're not a qualified psychiatrist?

No, I'm not.

Then are you affiliated with any
particular hospital or clinic?

Not currently.

For the past few years I've
been lecturing extensively,

Mainly in the states,

Where I also have a
syndicated radio program.

In other words, you're not a psychologist,

But you play one on the radio.

My lady! He's mocking the witness!

my lady.

This...Disorder

You've been talking about, dr arlberg...

Oh, yes. A.C.S.S.

See, I am really confused.

I have been looking through a
large number of reference books,

And I can't find a single mention of it.

It's a relatively new diagnosis.

That explains it. Invented by whom?

It was first identified by myself.

Oh, I see. And has it been recognised

By the royal college
of psychiatrists?

Not yet. My, my, my.

We really are out there on
the cutting edge, aren't we?

My lady- my lady,
the evidence of this witness

Could be instrumental
in placing the defendant

In a mental institution possibly
for the rest of her life.

I think the jury need to understand
the extent of her expertise...

Or the lack of it.

No further questions.

Okay, here's the thing.

My client has dropped a bit of a bombshell.

And to be honest, I'm not
entirely sure how to proceed.

Well, discussing defence
strategy with the prosecution

Probably isn't the best way to go.

Fair point.

But we're not really
talking defence anymore,

Because mrs parnell has confessed.

She admits to starting the
fire that k*lled her son?

Yes. And no.

She admits to starting the fire,

And she certainly feels
responsibility for her son's death.

But he didn't actually die in the fire.

he didn't?

Apparently not.

Um, as I understand it, my client-

I'm sorry.

Megan, perhaps if you just
tell us what happened.

Ian was having a seizure,

And he started having convulsions.

I had the syringe for his
injection in my hand.

But I couldn't do it.

I was watching him,

And his face was all twisted up in pain.

I just wanted it to stop.

So I... Held him and I waited.

When the convulsions ended,

I knew he'd gone.

As you can imagine, she was distraught,

Wracked with guilt.

And in the emotion of the moment,

Decided to end it all.

Hence the fire.

And your client didn't think
to mention this before?

Unfortunately not.

It would have made life a lot
easier all round if she had,

But, well, as you can see,

This changes everything.

Right. So...

You're thinking what?

We abandon the charges,

The judge discharges the jury,
and we start again?

Well, ideally, yes.

I mean, you could charge
her with arson, but...

Failing to give an injection...

I wouldn't fancy your chances.

I've heard enough. Now, look,

I didn't have to come here.

I could have just blind-sided you in court.

But I felt in the interests of justice-

You can see yourselves out.

Fine. We'll leave it to the jury.

So don't say I didn't warn you.

You didn't believe her, did you?

I don't know.

Sounds like she's finally telling the truth.

The postmortem report categorically states

Smoke inhalation as cause of death.

The medical evidence means that she's lying.

Or more likely, he's told her what to say.

But why would peck even try this?

He must have seen the postmortem.

Why bother about truth when
you can go with emotion?

It was c.O. Asphyxiation.
Absolutely no doubt about it.

Why the renewed interest?

His mother's claiming that he
d*ed from an epileptic seizure,

That he was already dead
when the fire started.

well, you gotta be breathing
to get smoke in your lungs.

There's no two ways about it.

Thanks, heather.

Of course...

It is possible that a
particularly violent seizure

Could result in a coma...

In which case the victim would be breathing
just enough to get smoke in his lungs.

But to a layperson he might appear dead.

She said it was a possibility, that's all.

James, it means megan must
have believed ian was dead

When she started the fire.

Then why didn't she plead
guilty from the start?

All megan cares about is
staying with her daughter.

Peck's promised he can make that happen.

This is a woman who's been at the
mercy of the system her whole life.

Her barrister tells
her what to say,

She's not gonna argue with him.

Chances are he wouldn't
have listened to her anyway.

Exactly. For all we know,

She tried to tell him, he panicked,

And changed the plea to insanity.

If she really did
think ian was dead,

Then there's no intention to k*ll.

She should never have
been charged with m*rder.

So, just to clarify for the jury,

You didn't put ian in a residential home

Because you're his mother
and you cared for him.

I couldn't.

He was my baby. I loved him so much.

No further questions, my lady.

Mrs parnell,

You described to the
court how after ian d*ed

You took his pills and you started the fire

So that you could go together.

Yeah, that's right.

The trouble is, it's very
difficult for us to believe you

When you've lied
over and over again

About the events of that night.

I didn't mean to lie.

But the fact is, you did.

The only thing that we know for certain

Is that you went down the stairs,

You unlocked the
maintenance cupboard,

You poured paint thinner over the stairs

And you set it alight,

Leaving your young son to die in that fire.

I wouldn't do that.

But that's exactly what you did.

No, I didn't...

Because he was already dead. I told you.

I know you'd like us to believe that...

But I'm afraid it's
simply not true.

I refer the court to the
postmortem report on ian parnell

Dated March 19th.

It clearly states
the cause of death

Was smoke inhalation.

But that's not right.

Megan, the pathologist
found smoke in ian's lungs.

It could have only got there if he was
still breathing when you started the fire.

But they've got it wrong.

I was there. He stopped breathing.

It is simply physically impossible.

It can't be.

It can't be.

I- I thought it was a mistake.

Megan, I'm so sorry,
but it wasn't a mistake.

Well...

Ian didn't die as a result of the seizure.

No- it may have looked
like he'd stopped breathing,

In fact, he could have slipped into a coma

And you couldn't
tell the difference,

But I'm afraid the fact is,
ian was still alive

When you started the fire.

Uh-

No...

No.

I- I-

I would- I would never have done that.

I- I would never have left him to-

Oh, my god, no.

Oh, my little boy!

I- I wouldn't have-

oh, my ian!

Peck should be struck off.

To put her up there without
explaining the postmortem results-

That is unforgivable.

I take it that we all believe
she was telling the truth?

Then what?

Judge hall's called us in.

I presume she'll want to discharge the jury,

Start again. With what charge?

It'll still be manslaughter.

I mean, she started the fire
that ultimately k*lled heron.

And she withheld an injection
that could have prevented him

From going into a coma in the first place.

Mercy k*lling is still k*lling,
and it's still illegal.

So megan parnell has to spend
the next six months in limbo,

Then go through this all over again

Because her lawyer let her down?

But we can hardly continue
the current trial,

Even if the judge and
defence agree that megan

Could appeal any conviction

On the grounds that she was wrongly advised.

Which means...

Her barrister would be
accused of negligence...

So with decent representation,

She could be out within six months.

We take defence out
of peck's hands.

I don't understand.

You want to just carry on?

Having weighed up the options,

The prosecution would still be prepared

To accept a plea to manslaughter.

I'm sure you realise the
implications of continuing.

It would spare megan the
trauma of a second trial.

And whatever sentence you choose to pass

Could take into account the circumstances

Surrounding ian's death.

That's certainly true.

All right.

I am prepared to continue,

Provided we all
understand each other.

Okay, great.

So what do we do now?

Judge hall: Megan parnell,
you have pleaded guilty

To the charge of manslaughter

And admitted to causing the death
of your son ian parnell

In a fire at your home.

The seriousness of this crime
leaves me no option

But to impose a custodial sentence.

However, given your previous good character

And your sadly mistaken belief
that your son was already dead

When you started the fire,

The court wishes to show
a degree of leniency.

I hereby sentence you to
three years in prison...

With the recommendation that you be fully

Psychologically assessed

Prior to the commencement of the sentence.

You may take the prisoner down.

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