Day 147 - 04 Jul 95 - Page 14

     
     1        contents; and, as we understand it, one party is not
     2        allowed to hand up documents to a judge without the other
     3        party seeing what is in those documents.
     4
     5        If the court was prepared to disclose to us anything handed
     6        up to yourself, then we would not oppose you getting copies
     7        of the transcripts.
     8
     9        Our reasons for taking this course are that it would
    10        introduce a significant unfairness in the proceedings for
    11        us to be denied copies of transcripts.  It is difficult
    12        enough for us, as it is, with our lack of resources and
    13        lack of consistent legal backup and people to do
    14        preparation for us, and this would just really compound the
    15        difficulties that we face.
    16
    17        The proceedings are long and detailed; and, obviously, we
    18        are going to need an intensive and detailed note of what
    19        goes on during the proceedings.  Because of the length they
    20        are going on for, we are not going to remember by the end
         of the trial.  So it is going to slow things up
    22        considerably if we have to take a virtually verbatim note
    23        of what is going on in the case.
    24
    25        As we understand it, since the transcripts are being done
    26        anyway, and we understand that they are being provided to
    27        Channel 4, for example, we think it would be absurd that a
    28        TV company, because it has the money, it can have a copy of
    29        the transcripts, whereas we, as Defendants, cannot have
    30        copies.
    31
    32        There is an inherent power of the judge to control
    33        proceedings, to ensure the fairness of the proceedings.
    34        This is a matter, as I have said, which would substantially
    35        increase the imbalance between the two parties.
    36
    37   MR. JUSTICE BELL:  At the moment, Mr. Rampton has not made any
    38        application.  He has just signified what at the moment his
    39        clients are minded to do.  In a moment I want to check with
    40        him that I understand correctly what the situation is so
         far as transcripts are concerned.  Briefly, the way
    42        I understand it to be, CaseView may be slightly different,
    43        I do not know.  I will want to ask about CaseView as well.
    44        There are official shorthand writers in court or a
    45        recording machine.  In this case they are both operating.
    46        But a transcript is not prepared unless someone orders it,
    47        normally a party.  I do not know -- Mr. Rampton may be able
    48        to help me -- to what extent people who are non-parties can
    49        order transcripts.  But if they order a transcript, they
    50        have to pay for it.  If they order two transcripts, they 
    51        have to pay for both copies of the transcript.  It is 
    52        entirely up to the party who, as it were, buys a copy of 
    53        the transcript how many they order.
    54
    55        They are subject, I believe, to copyright which is in the
    56        Shorthand Writer, or maybe it is the Central Recording
    57        Unit, or whatever it is called, if it is recorded.
    58        I cannot, so far as I am aware, order that a party does not
    59        obtain a copy of the transcript, and I cannot, so far as
    60        I am aware, order that one party buy a copy of the