Day 035 - 12 Oct 94 - Page 04


     
     1        today but, if they are, I would like a copy.
     2
     3   MR. JUSTICE BELL:  Let us see.  You do not need a separate copy
     4        provided you have actually seen what is on it, do you?
     5
     6   MR. MORRIS:  I would have thought I would do, yes, in case
     7        I want to look at it at my leisure at a later time.
     8
     9   MR. JUSTICE BELL:  The rate we are going you are going to have
    10        months to look at a copy at your leisure.  If there is a
    11        special reason why you should both have a copy at any
    12        specific time let me know, but, at the moment, it is
    13        difficult to see how you will not have an opportunity to
    14        see it.  How long is the video?
    15
    16   MR. RAMPTON:  I am not sure; I have only seen some of it very
    17        recently.  It takes about an hour.  It is what we in this
    18        country call a chat show.
    19
    20   MR. JUSTICE BELL:  Let us wait and see what is made of it first
    21        of all.
    22
    23   MR. MORRIS:  On principle, both defendants want a copy of every
    24        document because otherwise we get confused.  We do not
    25        know which of us has got which document; all that kind of
    26        stuff.  It is very important that we both have
    27        independently every document served, not only as a matter
    28        of principle, but also as a matter of practicality,
    29        because if I have not got a document I will forget it
    30        exists.
    31
    32   MS. STEEL:  I got it at 10 o'clock last night.  Mr. Morris has
    33        to look after his son so he could not come over to see it
    34        and, basically, he has not had a chance to see it.
    35
    36   MR. JUSTICE BELL:  Let us see how we go on that.  It may be
    37        right that, in principle, you are entitled to each because
    38        you are separate parties to a document, but one has to
    39        have an eye to practicality as well and whether, in fact,
    40        any breach, if such it be, of the principle actually leads
    41        to difficulty and puts you at any disadvantage.  At the
    42        moment I cannot see it.  But if the time comes when it
    43        does, there must be at least one other copy somewhere and
    44        you may be lent that for a period.
    45
    46   MR. MORRIS:  If I could have a copy.
    47
    48   MR. JUSTICE BELL:  Let us see how we go first of all.  If, in
    49        fact, we get to the end of today and cross-examination of
    50        Dr. Barnard is not finished or his evidence is not 
    51        finished, Mr. Rampton, no doubt, some arrangement could be 
    52        made so that each of the defendants has a copy to take 
    53        home.
    54
    55   MR. RAMPTON:  We are sorry Mr. Morris did not get a copy.
    56        There are two reasons for that.  The first is that we knew
    57        Ms. Steel had a video playing or recording machine; we
    58        believed Mr. Morris did not; second, there was not a spare
    59        copy.  There are, however, two copies in court.  The
    60        reason for that is that we have stopped them in two

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