Day 157 - 18 Jul 95 - Page 04
1 not get a transcript of today, and in the light that we
2 want to get legal advice regarding an appeal and other
3 matters to do with today's application, then it is like the
4 minimum we feel we need so that we have some record of it,
5 because we do not have our notes in such an order that we
6 could show them to a legal adviser and say: "This is what
7 happened today; this is what our application was".
8
9 MR. JUSTICE BELL: Yes, Mr. Rampton?
10
11 MR. RAMPTON: My Lord, it is primarily, of course, a matter for
12 your Lordship, but I have no objection at all to the
13 Defendants using a tape recorder, whether for today or for
14 the continuation of the case, provided always that certain
15 conditions were imposed upon its use. The first one would,
16 obviously, be that it was not in any sense an interference
17 with the proceedings, that it makes a noise or distracts a
18 witness.
19
20 The second is the recordings it makes should be used only
21 for the purposes of the conduct of the case. I do not know
22 whether your Lordship has had a chance to read the letter
23 which we sent?
24
25 MR. JUSTICE BELL: Yes, I have.
26
27 MR. RAMPTON: My Lord, I would invite your Lordship, whether it
28 be a tape-recording or any other means of recording the
29 proceedings which requires the leave of the court, to
30 impose similar conditions on the use of any such recording
31 beyond those which are imposed absolutely by section
32 9(1)(b) because that is not an area 9(1)(b) where your
33 Lordship has any discretion at all. That is an absolute
34 prohibition imposed by Parliament.
35
36 As I have said on previous occasions, I have no concern to
37 inhibit the Defendants' conduct of this case. I have every
38 concern to prevent the use of transcripts or tape
39 recordings for what I call ulterior or extraneous
40 purposes. To that extent, I have no interest.
41
42 MR. JUSTICE BELL: Thank you very much. What, if anything, do
43 you have to say about conditions in relation to its use?
44
45 MR. MORRIS: Yes. The conditions relating to the republishing
46 of sound are completely different from the transcript
47 issue, completely different.
48
49 MR. JUSTICE BELL: No, it is not just the question of what is in
50 (b), which is absolutely compulsory; there is no question
51 of me being able to give any leave to avoid that. If you
52 look at subsection (2), "Leave ... may be granted or
53 refused at the discretion of the court, and if granted may
54 be granted subject to such conditions as the court thinks
55 proper".
56
57 MR. MORRIS: This is for the use of tape recorders, yes.
58
59 MR. JUSTICE BELL: No, with respect to the use of any recording,
60 and that would cover any transcript, making any recording
