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     1
     2   MR. JUSTICE BELL:  I appreciate that but, at the moment, I am
     3        having difficulty seeing why you are put in a difficult
     4        position because Mr. Carroll's evidence is essentially of
     5        attending a number of demonstrations and giving evidence of
     6        what he observed, and that he instructed that still
     7        photographs and video films be taken, and here they are.
     8
     9        It seems to me this is an area of the case where you know
    10        whether you were there.  You can either remember or cannot
    11        remember what you were doing or were not doing, and the
    12        same applies to Mr. Morris.  You can cross-examine
    13        Mr. Carroll about that and certainly be prepared to
    14        contemplate we you not start cross-examining him until
    15        tomorrow, if he is called.
    16
    17        If you do discover anything in the documentation, as and
    18        when you look at it and you want to say to me:  "I would
    19        like Mr. Carroll to come back, so I can put this document
    20        to him," I will obviously consider that application.
    21        I will try and avoid what I might see as any unfairness to
    22        you through having, for whatever reason, not being aware of
    23        the existence of a relevant document, if there is one.
    24        Did you actually see if you could go to Barlows and look at
    25        the documents over the legal vacation?
    26
    27   MS. STEEL:   Well, I was going to contact them about it nearer
    28        the time but we only -- I mean, as I say, we only found out
    29        about Mr. Monroe-- I only found out about him not being
    30        available at 11 o'clock on Monday night.
    31
    32   MR. JUSTICE BELL:  I appreciate that, but I did say on a number
    33        of occasions that you put your point of view to me, but
    34        I did say on a number of occasions but if there were gaps
    35        and they were not filled, I might have to call on
    36        Mr. Rampton to start on publication witnesses, and we might
    37        still have to do that.  We might have to do them in dribs
    38        and drabs where gaps appear.
    39
    40        I am prepared to say in order to help your situation,
    41        whether it is justified or not; not Mr. Nicholson because
    42        he may have far wider reaching considerations you want to
    43        question him about.  But I would have certainly thought you
    44        could cross-examine Mr. Carroll starting tomorrow, on what
    45        he says about the events of the various demonstrations,
    46        I think from October 1987 on to 1992, on about half a dozen
    47        occasions.  What appears in the actual types of leaflets
    48        which he says were being issued, including potentially of
    49        most importance, perhaps, from your point of view, the
    50        leaflet which, in his written statement, he says you handed 
    51        out on the 16th October 1989, if I recall his statement 
    52        correctly.  Question him about the one document or other 
    53        documents, if you recall them overnight, which you think
    54        are relevant to him.  Then that will be the end of his
    55        evidence, subject to you coming back to me and saying:  "I
    56        have now found this document and please may I ask
    57        Mr. Carroll about that?"
    58
    59   MS. STEEL:  I think the thing is that you did say about we might
    60        have to start on publication witnesses, but as we
 
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