Day 302 - 18 Nov 96 - Page 05
1 witness date and some other form of identifying it, which
2 are the other parts which were not referred to at all which
3 you say are in evidence, first of all, by reason of the
4 argument which is in your submissions and, secondly, you
5 say, are matters of sufficient importance to draw my
6 attention to them.
7
8 MR. RAMPTON: Yes, my Lord. I mean, that I will, I do
9 understand and so far as I am able I will do it as quickly
10 as I possibly can. I say that because of one thing I will
11 say in a moment to your Lordship, because Mr. Glenn asked
12 me about it after the Defendants had left court on Friday
13 and I thought it only right that I should tell
14 your Lordship in front of the Defendants what I said, so I
15 will in a moment.
16
17 I have some time constraints for various reasons, which
18 I will explain later, but I will do that. I know
19 barristers talk too much. The only thing I would like to
20 add to what your Lordship has just said is this: there
21 will be passages in the notes which were referred to either
22 in cross-examination or examination-in-chief which were
23 not, as it were, specifically used to refresh memory. The
24 main function of the legal submission, if it be right in
25 law, is to make not only the parts which were used in-chief
26 for memory refreshing or verification but everything else
27 as well that the witnesses said about the notes.
28
29 MR. JUSTICE BELL: I understand that that is your argument. I
30 mean, I have not even formed a preliminary view on whether
31 you are right or not. I am sure you have thought about it
32 carefully and would not put it in if you did not think you
33 were right in law.
34
35 MR. RAMPTON: Then the question falls, if we are wrong.
36
37 MR. JUSTICE BELL: Yes.
38
39 MR. RAMPTON: What I will do is have a good look and see if
40 there is anything which was not specifically referred to in
41 oral evidence which I think is important, and I would like
42 your Lordship to look at. It may be there is nothing,
43 I really honestly cannot remember. If there is, then I
44 will do that as soon as I possibly can.
45
46 Can I then move on very quickly just to say what I told
47 Mr. Glenn, who made an inquiry in a sense what shape
48 I thought my closing submissions would take. The answer is
49 that the vast ----
50
51 MR. JUSTICE BELL: I must say I did not know he had made an
52 inquiry. It was not promoted by me.
53
54 MR. RAMPTON: I am sorry, but as I told him, and obviously he
55 must reported back to your Lordship anything I said that he
56 thought your Lordship ought to hear, I thought I ought to
57 say is this open court, which is that the vast majority of
58 it will be in typewritten form. I am afraid it will be
59 very long, about 500 pages. Not whole pages, because
60 I have used only about two-thirds of the page for text and
