Day 279 - 12 Jul 96 - Page 06
1 is true or not, query whether it would actually help me on
2 anything in issue in the case. As far as I am concerned it
3 has not been pressed home so I can put it completely out of
4 my mind.
5
6 MS. STEEL: Right. Well, as far as I am concerned if anybody
7 has any doubts I am quite happy for them to listen to the
8 tape.
9
10 MR. JUSTICE BELL: An example of doing that, it is only now you
11 have raised it and I make a positive effort to think back
12 that I can remember what was put, and especially in a large
13 case like this, so much passes through one's mind and
14 disappears anyway. All can I do is reassure you, you need
15 take the matter no further because it is not in any way
16 going to be held against you either in the express terms of
17 my judgment or even in my assessment of the merits of the
18 case, expressed or not in my judgment.
19
20 MR. MORRIS: It may be a good point to move on now to the Civil
21 Evidence Act notices that are outstanding on our side.
22
23 MR. JUSTICE BELL: One thing which is outstanding is the
24 remainder of the argument on Miss Clauphine Carston.
25
26 MR. MORRIS: Yes, that is one of them. There is Dr. Barnard's
27 statement of July 1st, supplementary statement. The US
28 video statement, I just wanted to refer to it just to make
29 sure that my highlighting is understood. Actually, I am
30 not sure if I brought it with me. But that should be
31 brought up. I do not have to read it all out. Then there
32 is Miss Clauphine Carston and I was going to -- yes, I
33 think on Tuesday you gave an indication that you did not
34 want to hear any evidence after July 31st unless it was to
35 prove a document which was on a list that had not been
36 agreed by both sides, and we are happy to abide by that
37 position.
38
39 MR. JUSTICE BELL: Subject to anyone addressing me Civil
40 Evidence Act statements may be one thing but I do not
41 propose to hear any more oral evidence, now you have said
42 that you are not going to give it yourself, save in
43 relation to the normal proof of documents. It has not been
44 suggested to me that any is in the wings and obviously if
45 the question did arise I would hear whatever anyone had to
46 say, but I would need an awful lot of persuading.
47
48 MR. MORRIS: Right. What we would like is, as we have some time
49 between now and when we might reconvene next week, is to
50 obviously actually check through our documents for any
51 Civil Evidence Act notices that we have put or that we have
52 mentioned in passing throughout the case that has got lost
53 in the shuffle or any remote chance of a witness hiding
54 away that we had completely overlooked, and whatever, and
55 then deal with those kind of matters next week. But, yes,
56 that is basically it, really. So I would like to, if we
57 can, deal with Miss Clauphine Carston now or we would like
58 to read out our Civil Evidence Act notices that are
59 outstanding. It is just Dr. Barnard and I want to mention
60 the US video. Susanna Hecht we can discuss next week. I
