Day 207 - 23 Jan 96 - Page 04

     
     1   MR. JUSTICE BELL:  On the other hand, if there is to be an
     2        argument as to whether the video conference is to go in at
     3        all, then we can argue the question of Civil Evidence Act
     4        Notice of the newspaper quotations at the same time.
     5
     6   MR. MORRIS:  We can always get the journalist to verify that is
     7        what was said.
     8
     9   MR. JUSTICE BELL:  What I suggest you do is, by all means make
    10        your approaches to see if the journalist will verify
    11        them  -----
    12
    13   MR. MORRIS:  The important thing though is that all I am worried
    14        about really is the document is clearly to me discoverable
    15        if it can be found.  It is only last month or something, or
    16        three months ago, so -----
    17
    18   MR. JUSTICE BELL:  You may be right about that.
    19
    20   MR. MORRIS:  Is there an order that they should disclose the
         documents?
    22
    23   MR. JUSTICE BELL:  No, there is not yet, because Mr. Rampton has
    24        not even had time to look at it and form a judgment on
    25        whether it is disclosable or not.
    26
    27   MR. RAMPTON:  What your Lordship, in fact, said -- it does
    28        frustrate me -- is that within 21 days we should have
    29        discovered what the positions, if possible, we should tell
    30        your Lordship what the position is.  If there needs to be
    31        an argument at that time or before, of course, your
    32        Lordship will be informed.
    33
    34   MR. MORRIS:  It is 21 days from yesterday.
    35
    36   MR. RAMPTON:  Mr. Morris should not be under any impression --
    37        no, since last Wednesday ---
    38
    39   MR. MORRIS:  Since last Wednesday?
    40
    MR. RAMPTON:  Yes, it is a matter of history -- should not be
    42        under any impression that there is an order.  Your Lordship
    43        should be assured -- I say that for the Defendants'
    44        benefit, not your Lordship's -- that we are looking at it.
    45
    46   MR. JUSTICE BELL:  It is premature to have any further
    47        discussion about it until Mr. Rampton has seen it.
    48
    49   MR. MORRIS:  No, I just wanted some kind of deadline.  Now that
    50        I know there is some kind of deadline, then at least that 
    51        gets things moving along, so ... Right, are we going back 
    52        to the witness, Mr. Henden? 
    53
    54   MR. JUSTICE BELL:  Yes.
    55
    56                        MR. HENDEN, recalled.
    57             Cross-examined by the Defendants, continued.
    58
    59   MR. MORRIS:  Can you get, please, the Bath documents, file 1?  I
    60        am not sure if they are still in front of you.