Day 236 - 17 04 96 - Page 54
Day 236
TERENCE EDMUND CARROLL - EXAMINED
1 I will consider the question of his recall then.
2
3 MS. STEEL: I would like to ask a question about the fact that
4 I did ask about the originals of the witness statements and
5 I would like to know what the position is on them, the
6 documents that go with the actual witness statements,
7 because I asked about them last night and this morning.
8
9 MR. RAMPTON: My Lord, I am not understanding that question.
10 I think I am right in saying that the Defendants are not
11 entitled to see the original witness statements anyway, so
12 far as I know, but I did say this morning that the witness
13 statements made in 1993 had as their exhibits copies of the
14 original documents which we have now produced as is quite
15 well seen from comparing the original with the copy.
16
17 MS. STEEL: So all the witness statements were made from the
18 originals that we have seen today?
19
20 MR. RAMPTON: Yes. That is certainly true of Mr. Nicholson's
21 statement and of Mr. Carroll's statement. Whether it is
22 true of the inquiry agent's statements, I do not know. We
23 will check that in due course.
24
25 MS. STEEL: I am finding the whole thing very confusing. I am
26 not sure what the Plaintiffs are saying is available here
27 and now.
28
29 MR. JUSTICE BELL: What is available here and now, as
30 I understand it, and correct me if I am wrong, is a series
31 of leaflets which were the original documents of which
32 TECs, apart from one, which was a series of photographs,
33 that TEC2 onwards in our bundles and referred to in
34 Mr. Carroll's statements were photocopies; is that right?
35
36 MR. RAMPTON: That is right, my Lord, yes.
37
38 MR. JUSTICE BELL: Save you have a reservation about one.
39
40 MR. RAMPTON: I have. It is in TEC5 and I am afraid I lost your
41 Lordship's numbering but it is the one for 21st May 1991
42 which is in a different type face from the usual. All that
43 Barlows have is a copy. We know that, apart from the fact
44 that Mrs. Brinley-Codd tells me so, but in part because it
45 has her original blue biro writing.
46
47 MR. JUSTICE BELL: Is that the one with "21/5/91" in the margin
48 of my sheet?
49
50 MR. RAMPTON: That is right.
51
52 MR. JUSTICE BELL: What looks like off the side of the actual
53 photocopy of the leaflet?
54
55 MR. RAMPTON: Yes, and it has Miss Bensilum's signature very
56 faintly over the hat of the ----
57
58 MR. JUSTICE BELL: It has the legend which I could not read.
59
60 MR. RAMPTON: That is the one, my Lord, and that looks to me --
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