Day 207 - 23 Jan 96 - Page 03

     
     1
     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.
     5
     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.
    10
    11   MR. MORRIS:  Right.
    12
    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.
    19
    20   MR. MORRIS:  Did you transfer the bits that we had identified as
         being behind -----
    22
    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.
    29
    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.
    33
    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.
    48
    49   MR. MORRIS:  Unless he did say those quotes.
    50 
    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.
    58
    59   MR. MORRIS:  Yes.
    60