Day 236 - 17 04 96 - Page 31

 
 

                                                                  Day 236
 
 
 
 
 
     1        that.
     2
     3        If I can just say that one thing that has occurred to me is
     4        that one of the reasons why I wanted to inspect the
     5        original documents was exactly the point which was raised
     6        by the Plaintiffs this morning.  Which is that they do not,
     7        it appears to me, that they have not kept the documents
     8        which they say were handed out on those specific dates.
     9        So, obviously, that goes to the issue of whether or not
    10        there was publication.
    11
    12   MR. RAMPTON:  That is not right.  I now know that we ----
    13
    14   MR. JUSTICE BELL: -- That would be a matter for
    15        cross-examination, in any event, rather than averment on
    16        one side or the other.
    17
    18   MR. RAMPTON:  We have found them.
    19
    20   MS. STEEL:  The point I am making is that that the other side
    21        keep saying, "What do you want to look at this for?  You do
    22        not need to do this.  You do not need to do this or that."
    23        They are not fighting our case for us; we are fighting it
    24        for ourselves.  Things that are not necessarily obviously
    25        apparent to them may be apparent to us.  So I do not think
    26        that the case should be judged on what the Plaintiffs
    27        think.  Or the need for looking at documents should be
    28        judged on what they think.
    29
    30        The final thing I want to say is that apart from the five
    31        files to read through, there are the videos to watch and if
    32        you are considering Mr. Carroll giving evidence this week,
    33        then obviously if we have tomorrow, then at least we might
    34        be able to watch the videos and do some kind of inspection.
    35
    36   MR. JUSTICE BELL:  If I did decide that I shall allow
    37        Mr. Rampton to call Mr. Carroll, I think what I will do is
    38        give you a choice of starting Mr. Carroll now; showing the
    39        videos as he identifies each one, while he sits down in the
    40        witness box, so you see them in court.  Either side
    41        starting just before the midday adjournment, or starting at
    42        2 o'clock.  Or taking that course, starting tomorrow
    43        morning.
    44
    45        Would there be any objection to Ms. Steel taking the videos
    46        home overnight?.
    47
    48   MS. STEEL:  I have got a set.
    49
    50   MR. JUSTICE BELL:  You have got copies, have you? 
    51 
    52   MS. STEEL:   Yes. 
    53
    54   MR. RAMPTON:  They also have all the files.
    55
    56   MR. JUSTICE BELL: , it may seem a painstaking way of doing it,
    57        but it seems to me that if the witness is to refer to
    58        videos, then let them be shown in open court which gives me
    59        the opportunity of seeing them; the one I have seen before
    60        again, and the others for the first time.
 
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