Day 305 - 25 Nov 96 - Page 43
1 agreed or that they would be useful in cross-examination,
2 just fade completely out of the picture because they do not
3 fall into any such category.
4
5 MS. STEEL: OK. I mean, certainly, we say that was the
6 majority of documents in those bundles.
7
8 MR. JUSTICE BELL: I have made a note of that point.
9 Mr. Rampton, one thing which would help me when you do come
10 to make your submissions on publication is to help me,
11 whether by schedule or any other way, where your witnesses
12 have spoken of this kind of leaflet or that kind of leaflet
13 being available or handed out, just where I find it and
14 what class it came into -- if you see what I mean --
15 bearing in mind something which was said this morning. A
16 fair bit of work on that score I have done for myself, and
17 I can find it by looking behind bundles and seeing to which
18 documents there was a reference in a statement which was
19 averred. In some cases, a document was put to a witness in
20 the witness box and he said, yes, he could not necessarily
21 say it was that one, but it was one of that kind.
22
23 MR. RAMPTON: Yes.
24
25 MR. JUSTICE BELL: Query whether that makes any difference in
26 the case of the leaflet complained of, because however it
27 might have made a difference with an A5 leaflet, if that
28 had been the leaflet sued on ---
29
30 MR. RAMPTON: That is certainly our position.
31
32 MR. JUSTICE BELL: -- as far as I recall, it has never been
33 suggested on either side that the leaflet complained of has
34 taken any variable form except, perhaps, a minor alteration
35 to how often the meetings took place on the very bottom of
36 the back page ---
37
38 MR. RAMPTON: That is irrelevant, because it is not part -----
39
40 MR. JUSTICE BELL: -- which may have changed, but makes no
41 difference to the words complained of.
42
43 MR. RAMPTON: That is right.
44
45 MR. JUSTICE BELL: But what I would welcome some assistance on is
46 the extent to which what was produced then was said to be
47 the actual leaflet was found, or a leaflet in that form,
48 and whether there is any complication in this case with
49 regard to secondary evidence of the contents of any
50 leaflet.
51
52 MR. RAMPTON: I do not think that problem is going to arise.
53
54 MR. JUSTICE BELL: I am not asking you to do it now, but I would
55 like to hear what you have to say.
56
57 MR. RAMPTON: My structure is in two parts: there is the
58 general or inferential case, and then there is the
59 particular occasion -- which may matter, actually, in the
60 end, not as much. But that would be a matter for
