Day 171 - 11 Oct 95 - Page 40


     
     1        you read them -- and I say this deliberately, so that your
     2        Lordship is assisted in making a decision about this -- you
     3        find criticisms by the anonymous people, usually four or
     4        five at Bath, who come to the rap sessions.  You find in
     5        each successive year that the areas which had been
     6        criticised the first time have been improved on by the next
     7        time.  Given that those criticisms are not evidence that
     8        there was any foundation for them, but given that the
     9        Company took them seriously enough apparently to act upon
    10        them, whether they were well founded or not, your Lordship
    11        might find a review of those three years -- and I have only
    12        seen one for each year; maybe there was only one, I do not
    13        know -- your Lordship might find a review of each of those
    14        three years successively and read together in context
    15        enlightening.  I do not know.  I put that forward as a
    16        suggestion for your Lordship to consider.
    17
    18   MR. JUSTICE BELL: At the moment, I have to say -- I understand
    19        you do not accept that the Peruvian Guano test was applied
    20        here, but at the moment I am minded to say rap session
    21        notes for 1993, 1994, and then we might as well have 1995.
    22
    23   MR. RAMPTON:  It is only sensible.
    24
    25   MR. JUSTICE BELL:  It seems to me this, that the Peruvian Guano
    26        approach, that it might legitimately put Mr. Morris on to
    27        some line of enquiry.  It might show that complaints are
    28        made and nothing was done.  It might show that complaints
    29        are made and something is done.  So, at the moment, for all
    30        those three reasons, or three possible advances from the
    31        notes, I am inclined to say that they should be disclosed.
    32
    33   MR. RAMPTON:  My Lord, I would ask your Lordship to not forget
    34        my submission that there is a preliminary stage in all of
    35        that, that if one is going to go down the strict technical
    36        discovery road, the first hurdle which Mr. Morris has to
    37        jump so far as the rap session notes are concerned is to
    38        persuade your Lordship that there is material in them which
    39        is relevant to what Mr. Logan has said about Bath.  I do
    40        not believe Mr. Logan says anything about rap sessions in
    41        any of his statements.  Your Lordship might decide as a
    42        matter of probability that it was likely to be so.  I do
    43        not know.  But, certainly, Mr. Morris has advanced no
    44        reason of his own to suppose that it is so.  Perhaps in
    45        reply he will be able to do so.  I do not know --
    46        remembering that these take place from time to time with
    47        only a few people in attendance.
    48
    49   MR. JUSTICE BELL: Yes.
    50 
    51   MR. RAMPTON:  I do not think there is anything else that -- 
    52        I hope there is nothing that I have not dealt with.  If 
    53        I need to say anything about Danny Olive and his letter of
    54        complaint, I think I have already said it.  I do not think
    55        there is anything else about that.
    56
    57   MR. JUSTICE BELL: The only thing which occurred to me on
    58        Danny Olive, that might be a case where, exceptionally,
    59        I thought that if the end result is that no letter is
    60        found, there should be an affidavit from someone saying

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