Day 207 - 23 Jan 96 - Page 03
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2 MR. MORRIS: I do not know what happened to all the other
3 documents that we served. We did not identify, you know,
4 the statements and documents, where to put those.
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6 MR. JUSTICE BELL: Most of those I have thought to be obvious in
7 that, for instance, although I refused leave to call him,
8 I put Dr. Millstone's behind his existing one. I put Dr.
9 North's behind his existing one, and so on.
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11 MR. MORRIS: Right.
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13 MR. JUSTICE BELL: I have moved some of the Mr. Stein
14 Congressional Committee documents to divider 4 of yellow X,
15 because they were not there. They are just the facing
16 title page, and so on, which was not in the other ones. I
17 have binned the rest because I already had the complete set
18 in yellow 4.
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20 MR. MORRIS: Did you transfer the bits that we had identified as
21 being behind -----
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23 MR. JUSTICE BELL: I did not do that, to be fair -- I forgot
24 about that -- but I do not think at the end of the day it
25 is going to make any difference, because I am going to have
26 to digest the whole lot and take from it whatever I think
27 is useful, regardless of whether you have adduced it or the
28 Plaintiffs have.
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30 MR. MORRIS: Can I ask one question? I was not quite clear what
31 the indication or ruling was about the Ed Rensi video which
32 Mr. Rampton said he was going to look into.
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34 MR. JUSTICE BELL: What I said yesterday is, let us put over any
35 question of Civil Evidence Act Notice with regard to Ed
36 Rensi until Mr. Rampton has had time to consider the video
37 conference, and then we can have further argument. If he
38 accepts that it is discoverable, you will see the lot and
39 we can take the matter of Civil Evidence Act Notices from
40 there.
41
42 If he objects to disclosing it, then we may have an
43 argument about it. But my point was there is no point in
44 having a legal argument on whether you can properly serve a
45 Civil Evidence Act Notice with regard to quotes of what
46 Mr. Rensi is alleged to have said on the video conference,
47 those quotes being made in a newspaper.
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49 MR. MORRIS: Unless he did say those quotes.
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51 MR. JUSTICE BELL: Put it this way, if the video conference is
52 to go in, and we see on it Mr. Rensi saying those things,
53 among others, I assume there will be no argument from
54 McDonald's as to whether he said them or not; whereas part
55 of their argument about a valid Civil Evidence Act Notice
56 on a newspaper quote is whether you adduce evidence that he
57 did actually say that to the journalist.
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59 MR. MORRIS: Yes.
60