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
