坦白

我们住的地方就相隔几户人家而已
we've only lived a few doors away from each other.
贝琪和希恩永远地在一起了 对吗
But Becky and Sian are together forever now, aren't they?
全体起立
All rise.
吉恩蒂先生 现在不允许我提供证据
Mr Geenty, I am not allowed to give evidence,
但我可以告诉你
but I can tell you that,
除了恐♥怖♥主♥义♥性质的案子以外
apart from in terrorism cases,
我还从没有遇到过使用
I have never come across
警♥察♥和刑事证据法的紧急审讯条款的情况呢
the urgent interview provision to PACE being used.
这是非常罕见的情况
It's a very unusual beast.
这点您同意吧
Would you agree with that?
是这样
Yes, it is.
可这并不意味着 比如说...
But what it does not mean is that, for example...
你可以把宣读权利的环节给去除掉吧
..you can abandon the need to caution.
警♥察♥和刑事证据法的准则上非常清楚地指出
The PACE guidelines quite clearly indicate
嫌疑人有权被告知他的权利
that a person is entitled to have his rights explained to him
而且确保他们理解这些权利
and a police officer's duty
是警官的责任
is to ensure that they understand those rights.
是这样
It is.
这是个不容违背的原则
And that's an inviolate position.
是这样
Yes, it is.
但我要指出 我认为史蒂夫所做的决定
But I have to say that I think the decision that Steve made was,
用更通俗的方式说明 这个决定很大胆
to use the slang, a gutsy decision.
我觉得我在类似的情况下
I'd like to think I'd make a similar decision
也会做出相同的决定
in the same circumstances.
刚刚有人告诉我
I've just been told the defence QC
辩方律师的策略是想把你的证词排除出去
is going to move to have you excluded from the trial.
什么
What?
他们肯定只是试试而已
I'm sure they're just trying it on.
想让你今天上庭作证之前先乱了阵脚
An attempt to rattle you before you testify today.
但这也说明他们除了攻击你
But what it does mean is they don't really have any defence,
没有任何靠谱的辩护策略
except attacking you.
所以这也是他们拿不出答辩书的原因
So that's why they haven't put out a defence statement.
没错
Exactly.
好 谢谢 伊恩
Right. Thanks, Ian.
我发誓说出事实以及事实的全部
I swear to tell the truth, the whole truth
绝无虚言
and nothing but the truth,
上帝保佑我吧
so help me God.
史蒂文·富尔彻警司
Detective Superintendent Fulcher,
你在停车场遇到哈利韦尔先生时
you knew that Sian O'Callaghan was dead
早就知道希恩·奥卡拉汉已经死了 对吗
long before you met Mr Halliwell in that car park, didn't you?
我当时不可能知道她的死活
I had no way of knowing if she was dead or alive.
看看你自己当时所做的记录
Looking through your own notes at the time,
你谈到了"预计能找到她的尸体"
you talk about "the prospect of recovering her body".
你相信她已经死了 对吗
You believed she was dead, didn't you?
我觉得你忽略了案子的重点
I think you're missing the point here.
我想什么 希望什么或相信什么
What I thought, er, hoped or even believed
与我作为警♥察♥所履行的职责以及
is irrelevant to the execution of my duties as a police officer
我对希恩·奥卡拉汉所负有的责任无关
and my responsibilities to Sian O'Callaghan.
巴伯里城♥堡♥很偏僻 对吗
Barbury Castle's a remote area, isn't it?
对 我想是的
Yes, I suppose it is.
跟加布莱克罗斯警局的拘留室
About as different from the custody suite
千差万别
of Gable Cross Police Station
-这点我们都能想到 对吗 -是的
- as it is possible to envisage, isn't it? - Yes.
我的意思是你把哈利韦尔先生带去那里
What I suggest to you is that you took Mr Halliwell there
是因为你觉得
because you thought that would be
这样能让他压力倍增
an additional element of pressure upon him.
你当时是这样想的 对吗
That's what you were doing, isn't it?
我当时相信希恩很可能就在巴伯里城♥堡♥
I believed Barbury Castle was most likely to be where Sian was,
如果我把克里斯托弗带到那里做紧急审问
and that, if I took Christopher there for an urgent interview,
这意味着只要他告诉我们她在哪里
it would necessarily mean getting to her quicker,
我们就可以快点找到她
if he was prepared to tell us where she was.
如果这样做会让他失去警♥察♥和刑事证据法权利
And if that involved abandoning his PACE rights,
你还是要这样做吗
you were prepared to do that?
我相信紧急审问的规定
I believed the urgent interview provision
让我有权采取这样的行动
enabled me to take the course of action that I did.
富尔彻先生 您自己的副手 督查科尔比
Mr Fulcher, your own deputy, Detective Inspector Kirby,
当时就跟你说了
told you it was not a good idea
你亲自对哈利韦尔再做一次紧急审问
for you to conduct an additional urgent interview
不是个好主意 是吗
yourself with Halliwell, didn't he?
是的 没错
Yes, he did.
他说你这样做是冒着违反
He said you'd be sailing very close to the wind,
警♥察♥和刑事证据法的风险 对吗
in terms of a breach of PACE, didn't he?
差不多是这样
Words to that effect.
我不敢相信他居然没给哈利韦尔宣读权利
I can't believe he didn't caution Halliwell.
他跟他谈话之前为什么不宣读权利
Why didn't he just do it when he was talking to him?
不仅仅是宣读权利的问题 妈妈
It's not just the caution, Mum.
他们应该把他带到警局
They've got to take him to a police station
再给他找个律师
and give him a solicitor.
我真为史蒂夫难过
I feel so sorry for Steve.
那个该死的律师真的吃定他了
That bloody lawyer is really going for him.
我觉得是他的错
I think he's made a mistake.
但如果不是因为他 我们永远都找不到贝琪
But if he hadn't done what he did, we'd never have found Becky.
他犯了个该死的大错
A big fucking mistake.
我们继续说"你还想再听一个吗"的谈话
Let's move on now to the "Do you want another one?" conversation.
他开始坦白罪行的时候
As soon as he began talking to you,
你鼓励他坦白跟希恩的调查无关的内容
you appreciated it had nothing to do with the Sian investigation.
是的
Yes.
当然 随着谈话的进行 你应该说了
Well, surely, as the conversation progressed, you should have said,
"听着 我们稍后到警局再谈这些"
"Look, we'll talk about this at the police station later."
那才是你该说的话 对吧
That's what you should have said, shouldn't you?
我认为当时我们正处于良好的时机
My view was that we were in the moment.
如果他正提供信息 我宁愿先接收
If he was offering the information, I would rather have it
让他说 我不想找不到贝琪·高登
and not curtail it, than not find Becky Godden.
一旦哈利韦尔先生被带回加布莱克罗斯警♥察♥局
And once Mr Halliwell was taken back to Gable Cross Police Station
被指派了律师 令你极度烦恼的是
and given a solicitor, to your intense annoyance,
在审讯中 他决定
he decided he didn't want to answer
不再回答更多的问题
any further questions in an interview.
确实很令人诅丧 是的
It was frustrating, yes.
然后你和你的手下用你的方式去质疑
And you and your team went out of your way to undermine Mr Coleman,
参与了整场审讯的柯尔曼先生 对吗
who attended throughout the interview process, didn't you?
我觉得这真的非常荒谬
I thought it was utterly ridiculous...
...这位先生 带着我和其他一些
..that an individual, who had taken me and numerous other people
监控车队的人 去找两具尸体
from a surveillance convoy to two dead bodies,
竟然去找一些方法 一些...
should seek to find some mechanism, some...
法律的奇怪之处 一些漏洞
..quirk of the law, some loophole,
让他逃脱自己是多宗谋杀案凶手的事实
to get him away from the fact that he was a multiple murderer.
所以你认为 警♥察♥和刑事证据法是法律漏洞
So PACE, in your view, is a loophole?
简直就是搞笑
It was a travesty!
我感觉自己在被审讯一样
It was like I was on trial.
那法官呢
What about the judge?
难说
it's hard to tell.
她似乎更倾向于委派律师的立场
She did seem more impressed with their QC than ours,
我感受到了
I could see that.
这是她主审的第一宗刑事案件
And this is the first criminal case she's ever presided over.
在此之前 她都是审家庭纠纷之类的案件
Up to now, she's just done family stuff, you know.
但不仅有哈利韦尔自己的供述
But it's not just that Halliwell confessed.
他坦白了 还带你们去找遗体
He confessed and he took you to the bodies.
-这还能有错吗 -我也不知道
- How can that be a problem? - I don't know.
他们那边看似非常有把握
I mean, their side were looking very confident.
他们想把我说成 我做的那些都是
They're trying to paint me as some sort of renegade
不受法律保护的
acting outside of the law.
但法官要看透这一切才希望
But the judge has to see through that.
我认真考虑了证据以及口述陈词
I have considered the evidence and oral submissions with care
我权衡了各种可能性
and I find, on the balance of probabilities,
被告所述的
that the defendant's confession
关于希恩·奥卡拉汉遗体所在位置的供词
relating to the location of Sian O'Callaghan's body
是通过压♥迫♥而获得的
may have been obtained by oppression.
至于贝琪·高登·爱德华
With regard to Becky Godden-Edwards,
当被告谈及另一宗案件时
as soon as the defendant began to talk about another offence,
他就应该立即被再次逮捕和警告
he should have been immediately re-arrested and cautioned.