Day 157 - 18 Jul 95 - Page 05
1 because that would be a use of the recording.
2
3 MR. MORRIS: There is no -----
4
5 MR. JUSTICE BELL: What is suggested is that if I give you leave
6 I put a condition that the recording be used only for the
7 purposes of your conduct of this action.
8
9 MS. STEEL: I think that the position taken by the Plaintiffs
10 is a blatant attempt to censor us from talking about the
11 case. There is no restriction on the use that they put to
12 the transcripts that they have. They have talked to the
13 press about what has gone on in this court. There is
14 absolutely no reason why we should be restricted from
15 talking to whoever we want about what has gone on in this
16 court. If we breach any laws, then the appropriate action
17 can be taken under any laws that we breach.
18
19 This is a completely unnecessary restriction, completely
20 one sided. As I say, it is just an attempt by the
21 Plaintiffs to try and stop us talking about what is going
22 on in the case, then they get free reign to say whatever
23 they want. That can hardly be in the interests of justice.
24
25 MR. MORRIS: I think regarding the publishing of recorded sound
26 -- this is covered by 9(1)(b) -- and we are saying that we
27 are only using the recorded sound for our records, for our
28 legal purposes of this hearing and, therefore, there is
29 absolutely no need for any -- the recorded sound is dealt
30 with by 9(1)(b) completely ---
31
32 MR. JUSTICE BELL: I know it is.
33
34 MR. MORRIS: -- a transcript of any hearing is another question
35 which we will come to later; I do not want to do it now.
36
37 MR. JUSTICE BELL: What I am inviting you to address me on (and
38 Ms. Steel has addressed me on) is whether I should impose
39 any condition if I grant leave for the tape-recording under
40 section 9(2), and the condition Mr. Rampton has suggested
41 is that any recording should only be used for the purposes
42 of the conduct of the case in court.
43
44 If I impose such a condition you would be in breach of it
45 if you used any transcript which you made of the recording
46 for use other than for the purposes of the conduct of the
47 case in court because, although it would then be a
48 transcript, it would be a transcript made from the
49 recording and that would mean that the recording had been
50 used for that purpose.
51
52 Ms. Steel has the point and has addressed me on that. If
53 she wants to add anything to what she has just said or you
54 want to add anything, then please do so.
55
56 MS. STEEL: Yes. I just want to make it clear, I do understand
57 that we are not allowed to broadcast the tape itself, and I
58 was not referring to that.
59
60 MR. JUSTICE BELL: You cannot broadcast the tape, come what may,
