Day 158 - 19 Jul 95 - Page 12
1 have time to listen to it every night. It is in no way a
2 substitute. It is better than nothing, particularly in
3 cases of legal argument.
4
5 MR. JUSTICE BELL: What you most want to think about is in
6 relation to evidence, because when we come to legal
7 argument, you should be able to remember what your own
8 argument is, so that does not need any recording; and with
9 two of you there, I find it very difficult to accept that
10 you cannot get down the necessary parts of Mr. Rampton's or
11 Mr. Atkinson's argument.
12
13 When you come to evidence, you might think about actually
14 having the tape machine -- you could do a bit of
15 experimentation with where you put it -- but it might go on
16 the front of press box, for instance. I would have thought
17 you could see whether it is still turning there. I have no
18 objection to us having a minute's break when you see you
19 have to replace the tape.
20
21 MR. MORRIS: I want to say absolutely categorically that the
22 tape is going to be virtually nil help in the progress of
23 this case to me.
24
25 MR. JUSTICE BELL: That may be so.
26
27 MR. MORRIS: Nil help.
28
29 MR. JUSTICE BELL: All I am doing is inviting you to give a bit
30 of consideration to how you might improve the matter. I am
31 not impressed with you saying: it is not working where it
32 is there now; therefore, it can never work anywhere else.
33 What I would like you to do ---
34
35 MS. STEEL: Sorry, I do not think I said that.
36
37 MR. JUSTICE BELL: -- is try to see if it will work somewhere
38 else.
39
40 MS. STEEL: I did not actually say that.
41
42 MR. JUSTICE BELL: No, I know you did not, but that is the
43 inference I draw from what Mr. Morris is saying now.
44
45 MR. MORRIS: It is not whether it records it accurately or
46 inaccurately or audibly. If it was a perfect recording, it
47 would still be virtually nil help as an aid in the progress
48 of this case and our defence. It is not just not a
49 substitute for a transcript; it is a non-aid, as far as
50 I am concerned.
51
52 The reason that I supported Ms. Steel's application
53 yesterday, or even made the application for the tape, was
54 because of the very important argument that was occurring
55 yesterday; and I do not have record of our
56 application -----
57
58 MR. JUSTICE BELL: Just stop there a moment. All I am asking
59 you to is not just immediately shut your mind. I am not
60 entirely without powers of observation. The day after you
