Day 157 - 18 Jul 95 - Page 06

     
     1        because that is 9(1)(b).  If I impose the condition which
     2        Mr. Rampton has suggested, you not only could not use the
     3        recording which you cannot use because of 9(b) directly,
     4        you could not use it to make a transcript in order to use
     5        that for a purpose other than your conduct of the
     6        proceedings, because although you would be using the
     7        transcript of the recording you would thereby be using the
     8        recording.  That is what I am putting to you.
     9
    10   MS. STEEL:  I wanted to add that -- I read this last night -- as
    11        far as I can understand it, journalists and members of the
    12        public are also entitled to make tape recordings if they
    13        get leave to do so.  That being the case, they can hardly
    14        be making the tape-recordings for the purposes of the
    15        action.  Therefore, there is no intent in this to restrict
    16        the use of tape-recorders solely to fighting a case.
    17
    18   MR. JUSTICE BELL:  Yes, it might be a factor in whether one
    19        granted leave to, for instance, a newspaper journalist of
    20        what use one thought one was going to be made.  That is
         all.
    22
    23   MS. STEEL:  As far as I could see, the only reason why a
    24        newspaper journalist would want a tape-recording was to
    25        later use it to aid them with writing an article about the
    26        case.  There would not really be any other use to which
    27        they would want to put it.
    28
    29        Another matter is that it would actually be virtually
    30        impossible to enforce any such undertaking because there is
    31        absolutely no restriction on us taking or making comments
    32        to the press based upon our own notes.  Therefore, how it
    33        would be differentiated exactly what we had got from our
    34        own notes and what we had got as a result of the tape
    35        recordings would just require a huge amount of work and, as
    36        I say, would very probably be completely impossible.
    37
    38   MR. MORRIS:  We are strongly opposed to any condition
    39        restricting access to transcripts for ---
    40
    MR. JUSTICE BELL:  We have not got to ---
    42
    43   MR. MORRIS:  -- press or public.
    44
    45   MR. JUSTICE BELL:  -- we have not got to transcripts yet.
    46
    47   MR. MORRIS:  The transcript that we make of it.
    48
    49   MR. JUSTICE BELL:  Let us use "transcript" as a term of art for
    50        the moment, namely the official transcript, otherwise we 
    51        will get confused.  Is there anything more you want to 
    52        say?  I am not urging you that you should. 
    53
    54   MR. MORRIS:  No, I do not believe there can be any conditions on
    55        us telling people what happened in court on a particular
    56        day from our own notes, or verifying our recollections by
    57        use of a tape-recorder.  We accept 100 per cent that
    58        9(1)(b) means that we have absolutely no right to publish
    59        any part of any recording that we make, and there is no
    60        need for any further direction on that.  I did read