Day 311 - 06 Dec 96 - Page 34
1 might not be able to produce materials as to support the
2 leaflet in there was a BBC interview -- but I have
3 19th April 1990 where he noted only Jane present, but
4 Mr. Pocklington noted a full blown meeting, and I have the
5 question of the Borough postcard as well.
6
7 MR. RAMPTON: Yes.
8
9 MR. JUSTICE BELL: So, can I treat Mr. Clare -- the question,
10 really, is this reliable, unless there is some supporting
11 evidence or the inherent probabilities are on -----
12
13 MR. RAMPTON: And the supporting evidence is found by a
14 retrospective validation of the truth of what Mr. Clare
15 wrote about that occasion by Mr. Morris's affidavit.
16
17 MR. JUSTICE BELL: Yes. I will take a five-minute break there.
18 Then, subject to you wanting to say any more, I will go on
19 to the next divider, which is malice. Five minutes.
20
21 (Short Adjournment)
22
23 MR. MORRIS: Can I make a formal application that if the
24 Plaintiffs are going to rely on the notes of Alan Clare,
25 then the full notes should be disclosed, the full book
26 should be disclosed; partly because if the Plaintiffs are
27 going to rely on notes for any of the agents, then the full
28 notes should be disclosed, because they all become evidence
29 in the case, not just the ones that the Plaintiffs have
30 decided to put in. So, the Plaintiffs' argument is that
31 all the notes become evidence, therefore all the notes
32 should be disclosed. But in the case of Alan Clare -- so
33 that all the notes should be disclosed of all the agents,
34 if they are going to rely on the notes. Secondly, in the
35 case of Alan Clare, it is particularly important because we
36 have challenged his credibility. Therefore, there are two
37 reasons why his full notes should be disclosed, because
38 some of it may go to credit. The Plaintiffs have chosen
39 this course and, therefore, they should disclose the
40 notes. That is a formal application.
41
42 MR. JUSTICE BELL: It is refused. It raises nothing which has
43 not been raised and dealt with before when I said that it
44 was legitimate to produce parts of the notes in the form
45 which they have been produced. I do not see that the
46 question of Mr. Clare's credibility adds to the matter.
47
48 I do say, because I have reached a firm conclusion about
49 it, that I shall not treat Mr. Clare's evidence as
50 reliable, save for where there is some supporting evidence
51 independent of Mr. Clare or the inherent probabilities of
52 the situation support his evidence.
53
54 MR. RAMPTON: My Lord, there is one point that I want to add to
55 matters, but maybe I had better do that when your Lordship
56 gets to that part of the document.
57
58 MR. JUSTICE BELL: Is it to do with publication, or is it on
59 malice?
60
