Day 311 - 06 Dec 96 - Page 30
1 I am not at all sure that there are any bits of the notes
2 which were not referred to by one party or the other while
3 people were in the witness box.
4
5 MR. JUSTICE BELL: There were certainly some parts of the notes
6 which might be relevant, which the witness was not referred
7 to.
8
9 MR. RAMPTON: Asked about, yes.
10
11 MR. JUSTICE BELL: The next question really is, are there any of
12 those which you have in mind which you seek to rely on?
13 I am not suggesting for a moment that they change whatever
14 picture there is in any way, but if one wanted to search
15 further and further for matters which might assist one way
16 or another one could certainly find them in parts of the
17 notes which will be admissible in evidence by your argument
18 but which were not actually spoken to by the witness either
19 in-chief or in cross-examination.
20
21 MR. RAMPTON: Well, I would be likely to answer that -- I have
22 not got an answer because I have not run the check, but the
23 list of the passages, the particular passages in the notes
24 which I rely on, are on pages 15, 16, and 17 of this
25 section of the submission. My strong belief is, but we
26 will check this before we come back as well, that every
27 single one of those passages was either relied on by me
28 specifically when they were giving evidence-in-chief or
29 else they were cross-examined about it.
30
31 The only exception to that might be the notes of Frances
32 Tiller, who was a difficult witness. They asked her,
33 I think, about some passages but for perfectly obvious
34 reasons they ignored the bits which I was keen on. All
35 I did so far as she was concerned was to ask her whether
36 they were her notes -- the Russell problem did not arise,
37 of course -- whether we could be confident, first, "that
38 the notes were a more accurate picture of the events than
39 her recollection in the witness box", answer, "Yes".
40 Second, "Could we be confident in any event that they were
41 accurate and reliable".
42
43 MR. JUSTICE BELL: I do not see any problem with her because the
44 answers to those questions of yours, which you were
45 perfectly entitled to put in cross-examination, meant that
46 she said -- weight again being another matter -- that what
47 was in her notes was what happened. Anywhere in her notes.
48
49 MR. RAMPTON: That is certainly our submission, my Lord, yes.
50
51 MS. STEEL: Can I just ask about the references on page 15, so
52 I can understand them? After the dates there is, like for
53 the first one, 43, 4. Now, 43 is obviously the
54 page number.
55
56 MR. RAMPTON: 43 to (two) 4, it is used close to the word T-O.
57 If it were better a line it would be more obvious.
58
59 MR. JUSTICE BELL: Yes. I think the final of my-----
60
