Day 260 - 11 Jun 96 - Page 40
1 witnesses, Mr. Bishop, who is in the witness box, and
2 Mr. Pocklington, who is due to give evidence after
3 Mr. Bishop, were leaving in court from the back entrance
4 into Carey Street this morning lunchtime, Ms. Steel and a
5 colleague of hers -- I believe it to be Miss Laporte --
6 approached them and pointedly took photographs of them.
7 The same thing happened on the way back, and on that
8 occasion it was done by Mr. Dan Mills, the Defendants'
9 informal legal advisor, and a colleague of his.
10
11 The witnesses being persons who are -- I am not going to
12 say what they do -- but they are in somewhat sensitive
13 occupations, are very concerned about purpose for which
14 those photographs may be intended to be used.
15
16 As your Lordship knows -- the Defendants may not, but they
17 should -- it is a contempt of court to put a witness who is
18 either giving evidence or about to give evidence in any
19 kind of fear of intimidation or threat.
20
21 I was reluctant to mention it, but I feel in all the
22 circumstances that I have to. I would invite your Lordship
23 to invite the Defendants, and perhaps even order them,
24 either to surrender those photographs or to state clearly
25 and to give an undertaking as to the purpose for which
26 those photographs were intended to be used.
27
28 MR. JUSTICE BELL: They are perfectly entitled to take
29 photographs of witnesses, are they not?
30
31 MR. RAMPTON: No, my Lord, not if it puts the witnesses in fear.
32
33 MR. JUSTICE BELL: I would have to hear evidence that it has put
34 them in fear.
35
36 MR. RAMPTON: I am entitled to tell your Lordship. I am on
37 instructions.
38
39 MR. JUSTICE BELL: You are, indeed. But if you want to, I would
40 have to look at the procedure, but, by the same token as --
41 well, I cannot see any offence in taking photographs of
42 witnesses simplicita. If it is done with an intention to
43 intimidate them in some way or affect their evidence, or if
44 it has that effect on them, then I would have to consider
45 the matter. I would need considerable help on it, of
46 course. But there are all sorts of possibilities. It is
47 not for me to speculate on that.
48
49 MR. RAMPTON: But the problem is this, that the witnesses not
50 having been told as a matter of courtesy the reason why the
51 photographs are taken -----
52
53 MR. JUSTICE BELL: I do not know. Is one told, if one is
54 appearing in a case, why one's photograph is being taken?
55
56 MR. RAMPTON: Yes, one is. I have had my photograph -- I cannot
57 say I am pleased about it -- taken by various agencies
58 during the course of this case, including some people on
59 behalf of the Defendants, and in each case I have been
60 told. They have said: "Do you mind if I take your
