Day 122 - 05 May 95 - Page 06

     
     1
     2        So, is your concern that it may be happening in other
     3        places where you may be at a disadvantage without knowing
     4        it?  Is that the real gist?
     5
     6   MS. STEEL:  That is the main concern which was the same concern
     7        that we brought up in September.  Mr. Rampton actually
     8        reassured the court that checks would be made to see that
     9        that had not happened in any other cases.  But also
    10        yesterday I had a note that Mr. Siamak Alimi had made a
    11        comment on something that was in Mr. Nicholson's
    12        statement.  I was going to ask Mr. Nicholson about it.
    13        Then when I looked at the statement I thought:  "There is
    14        no paragraph 61 here; he must be talking about some other
    15        witness and has got the name wrong".
    16
    17        I basically left it and I was not going to ask him
    18        yesterday.  It was only that something in my mind started
    19        me off thinking about it again last night that made me
    20        decide to check.  So, I do actually think it is quite
         important.
    22
    23   MR. JUSTICE BELL:  Thank you.  What has been happening,
    24        Mr. Rampton?
    25
    26   MR. RAMPTON:  Nothing has been happening.  Obviously, what has
    27        happened, there is no process or system in this.  I do
    28        observe first (and then I will leave it) that it is
    29        astonishing this is only raised now, given that both sets
    30        of statements were served.
    31
    32   MR. JUSTICE BELL:  I have to say you have said that several
    33        times before.
    34
    35   MR. RAMPTON:  I know.
    36
    37   MR. JUSTICE BELL:  I do not share your astonishment.  The number
    38        of times when working up briefs, I have worked on the
    39        disclosed statements of the other side, noted them and then
    40        just substituted in the bundles when they came, often on a
         Friday evening before a start on the Monday, taken out the
    42        ones which were in the bundle and put in my originals.
    43        I would have been horrified if I had found that what the
    44        Judge had in his bundle was not the same statement as the
    45        one which I had been working on from the beginning.
    46
    47   MR. RAMPTON:  No, my Lord, that point I take.  I do not know it
    48        happened.  I am told by Mrs. Brinley-Codd -----
    49
    50   MR. JUSTICE BELL:  I mean, that is the point I am concerned 
    51        with.  I am not concerned at the moment on whether 
    52        Ms. Steel or Mr. Morris have suffered in any way -- I would 
    53        be if I thought they had suffered; I think they probably
    54        have not although they may feel that they have.  But I am
    55        concerned that the statements which have gone into the
    56        bundles and, for all I know, in other cases as well, may
    57        not be the ones which have been served on them.
    58
    59   MR. RAMPTON:  My Lord, not so far as I know.  I can well imagine
    60        that if there was a statement in the bundle -- of course,