Day 262 - 13 Jun 96 - Page 58


     
     1        referred to as the witness's own document, and a document
     2        which was not, though it was referred to in the witness's
     3        document, because the creator of that other document was
     4        not a witness.
     5
     6        Then, my Lord, finally, the expressions of principle --
     7        I think there are eight definitions -- starting on page 113
     8        at letter D, and finishing on page 115 at letter G.
     9
    10   MR. JUSTICE BELL:  What about reports from the agency
    11        concerned?
    12
    13   MR. RAMPTON:  Well, my Lord, I do not have a problem with that.
    14        In so far as there are reports -- and there are I think
    15        reports for every occasion that we have deployed evidence
    16        in relation to -- plainly, the reports are, technically,
    17        disclosable for those occasions, as we have had to do in a
    18        couple of cases where the notes are missing.  I have
    19        absolutely no problem about disclosing them.  Mr. Morris
    20        has already noticed in the two cases concerned that the
    21        terminology of the report is virtually identical with the
    22        notes.
    23
    24   MR. JUSTICE BELL:  Yes.  But what I have in mind is, I thought
    25        the reports were monthly.
    26
    27   MR. RAMPTON:  They were, roughly.
    28
    29   MS. STEEL:   Weekly.
    30
    31   MR. RAMPTON:  They are not weekly.
    32
    33   MR. MORRIS:  It is said that they were weekly.
    34
    35   MR. RAMPTON:  Never mind what was said.  They are not weekly.
    36        They are summary reports.  It is roughly monthly.  In the
    37        report, you have a number of reports with the -- really,
    38        the terminology -----
    39
    40   MR. JUSTICE BELL:  That is why I am asking, because the reports,
    41        the monthly reports -- in fact, it is more to the
    42        Defendants' advantage if they are monthly than if they are
    43        weekly, on the point I have in mind -- because, is the
    44        whole report disclosable because it has what
    45        Mr. Pocklington observed on such and such a date,
    46        notwithstanding that it has also got what he might have
    47        observed on a date which you are not relying on and also
    48        has a reference to what other inquiry agents who you are
    49        not calling observed.
    50 
    51   MR. RAMPTON:  It cannot make any difference, my Lord, that they 
    52        are in one document, so long as the document is servable. 
    53        There are two ------
    54
    55   MR. JUSTICE BELL:  What you say is, whereas you can only
    56        specifically waive the whole of the document, if you waive
    57        any part of it, you waive the lot.
    58
    59   MR. RAMPTON:  Only if they are connected subject matters.
    60

Prev Next Index