Day 249 - 14 May 96 - Page 05
1 told. The reason it is there is this: the Defendants
2 raised a new case, we would say a completely spurious case,
3 about what the inquiry agents were told to do when they
4 infiltrated the group.
5
6 All of this part in 7, and I must start at the beginning,
7 in 7A. He says, he told them that "they should maintain
8 the operation for as long as necessary to obtain the
9 information we needed". Then he explains why, and it is an
10 explanation of the reasons for the instructions which he
11 gave that the whole of 7 is relevant, including (ii) on
12 page 4.
13
14 MR. JUSTICE BELL: I think the objection is, "I would understand
15 that if what it had said was that earlier in 1989 'I had
16 been informed that'", because then it is admissible, or
17 arguably admissible, not as evidence of the truth of it as
18 it would appear to be at the moment, but of evidence that
19 he had been given that information and that was one of the
20 considerations he had in mind, motivation for instructing
21 the inquiry agents being an issue in this case.
22
23 MR. RAMPTON: My Lord, of course, I accept that. It is not very
24 well worded, and that is exactly what it means. Could
25 I ask your Lordship simply to insert that?
26
27 MR. JUSTICE BELL: I will give my ruling and then we can decide
28 what goes in.
29
30 MR. RAMPTON: If that be right and, of course, I accept it is
31 right, then those words should go in after 'earlier in
32 1989'.
33
34 MR. JUSTICE BELL: Rather than alter the statement, if that were
35 my ruling, I would leave it out and leave you in chief to
36 adduce that in the proper form.
37
38 MR. RAMPTON: In that case I will do it that way if your
39 Lordship should be in favour of his being allowed to give
40 his reasons for the instructions that he gave.
41
42 MR. JUSTICE BELL: What do you want to say?
43
44 MS. STEEL: Just on that last point, that Mr. Rampton said that
45 paragraph (ii) was because we raised the case about -- a
46 new case -- what the inquiry agents' instructions were.
47 Basically, I do not see what that has got to do with what
48 their instructions were. So, I think it is completely
49 irrelevant.
50
51 The part about paragraph 9 in the name Webster, Mr. Rampton
52 ----
53
54 MR. JUSTICE BELL: You need not worry about that, I am going to
55 excise that.
56
57 MS. STEEL: If I just say, he said I made a great fuss about
58 what it was doing in the writ. The reason for that was
59 because they had refused to give particulars of it when
60 asked. The other point, which I think is the most
