Day 236 - 17 04 96 - Page 34
Day 236
1 statements speak of what he says he saw and of photographs
2 and videos which he said he instructed be taken. His
3 evidence involves one or other, or both of the Defendants
4 in those demonstrations, and appears to involve them in
5 handing-out leaflets, and if his evidence "stands up" would
6 appear to involve Ms. Steel in handing out the leaflet
7 complained of, on 16th October 1989.
8
9 In respect of those matters, the Defendants, I am sure know
10 exactly what their own individual cases are and I would
11 have thought at the very shortest notice indeed, they could
12 adequately cross-examine Mr. Carroll on those matters. I
13 believe they can also cross-examine him without any
14 prejudice to their case, on the documents which they are
15 aware of. If they discover further documents, or remind
16 themselves of further documents in the future which they
17 think it relevant to cross-examine Mr. Carroll on, then
18 obviously I will consider any application that he be
19 recalled for that purpose. But at the moment, I cannot see
20 any prejudice to the Defendants if Mr. Carroll is called,
21 and then cross-examined immediately he has finished his
22 evidence-in-chief, in relation to his observations, the
23 photographs and the videos of the demonstrations, and in
24 relation to those documents which the Defendants have in
25 mind. I think they should be perfectly able to do that,
26 without any injustice to their case, with barely no notice
27 at all.
28
29 What I am prepared to do is give Ms. Steel and Mr. Morris
30 the option of adjourning now and resuming at 10.30 in the
31 morning, so Mr. Caroll's evidence-in-chief, including
32 production of the still photographs and viewing in court of
33 the video films to which he refers, and cross-examination
34 to follow immediately upon the end of his
35 evidence-in-chief. Or starting that evidence at 2
36 o'clock. I think the calm approach is taking the
37 cross-examination of a witness can go ahead, as I have
38 indicated, but I am prepared to put the starting of his
39 evidence over until 10.30 in the morning, if either
40 Defendant asks that that be done.
41
42 In the light of what I have been told about Mr. Carroll's
43 family concern, I will not sit beyond 1 p.m. on Friday.
44 I will only say this, that it has been suggested that
45 nothing much would be lost if we did not sit for a day, a
46 day-and-a-half or two days this week. I am not prepared to
47 accept any such argument, whichever party puts that
48 forward, long though this case has lasted. Every day court
49 time is important.
50
51 What do you want to do? I should say I do not think it is
52 necessary, for the cross-examination I have spoken of, to
53 examine documents at Barlow Lyde & Gilberts premises and
54 I repeat what I have said. That if on the future
55 examination of those documents, there is good reason to
56 recall Mr. Carroll, then I will consider that.
57
58 MS. STEEL: Can I just ask, through the court, is Mr. Carroll's
59 original statement in court with its appendices? I did ask
60 for it to be brought to court.
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