Day 165 - 27 Sep 95 - Page 09

     
     1        members of the group to try to remember whether the notes
     2        are accurate, whether they were, as the notes allege, at
     3        the meetings or not, whether Mr. Morris telephoned or
     4        whether he did not and so on and so forth.
     5
     6        The idea that they need the rest of the notes in order to
     7        help them jog their memories is simply a nonsense, in my
     8        respectful submission.  My Lord, I would add this, which
     9        the Defendants understandably have forgotten, that they did
    10        ask for some interrogatories in relation to ---
    11
    12   MS. STEEL:  We have not forgotten, and can you stop making
    13        provocative remarks, please?
    14
    15   MR. RAMPTON:  -- these questions some considerable time ago.
    16        Not all the matters raised in the enquiry agents'
    17        statements were the subject of the interrogatories but some
    18        of them were and, in particular, questions as to whether a
    19        particular defendant was at a particular meeting.  At the
    20        time when those interrogatories were answered, which is
         some considerable time ago, the Defendants felt able in
    22        many cases to answer affirmatively that they were or were
    23        not.
    24
    25   MS. STEEL:   I think you should point to that because I do not
    26        think that is the case.
    27
    28   MR. MORRIS:  I thought we were having a legal argument about
    29        whether the Plaintiffs are under an obligation to disclose
    30        a blanked out document.  I think this whole argument has
    31        been shifted into an area of enquiry into matters of
    32        evidence.  I do not think this is at all correct.  I want
    33        to resist the way it is going.
    34
    35   MR. JUSTICE BELL:  I will listen to Mr. Rampton and then I will
    36        listen to you.
    37
    38   MR. MORRIS:  But I think we should have the legal argument.
    39        That is what this is meant to be about.
    40
    MR. JUSTICE BELL:  We have had legal argument.  I have been
    42        referred to Thorpe which, in any event, I have read
    43        overnight.  You can make any comment on Thorpe you want in
    44        a moment.
    45
    46   MR. MORRIS:  We have not been able to come back on that because
    47        we have been side-tracked.
    48
    49   MR. JUSTICE BELL:  No, if you sit down and wait you will have
    50        ample opportunity to do that. 
    51 
    52   MR. RAMPTON:  My Lord, it is part of the legal argument because 
    53        Ms. Steel's submission or one of her submissions is that
    54        she should have the rest of the notes in order to assist
    55        her to recollect whether or not she was there.
    56
    57   MR. MORRIS:  But we have not done our argument yet.  Mr. Rampton
    58        should have a chance to come back at the end.
    59
    60   MR. RAMPTON:  No, I do not, you see.