Day 188 - 15 Nov 95 - Page 22
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2 MR. MORRIS: Shall I go through them, to say what I think?
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4 MR. JUSTICE BELL: No. We will have the five minute break, and
5 then you can do it then. You are confident you have the
6 brackets -----
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8 MR. MORRIS: Yes, no problem.
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10 MR. JUSTICE BELL: Very well. Five minutes.
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12 (Short Adjournment)
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14 MR. JUSTICE BELL: Yes.
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16 MR. MORRIS: Now that the matter about the Hamburger University
17 has been withdrawn by the Plaintiffs, we do not have any
18 specific objections to the Plaintiffs' application on the
19 hearsay question. But we do say that if there is any
20 challenge to the accuracy or any allegation of bias in the
21 making of the film, then we would argue that the hearsay
22 allegations become -- the hearsay points become relevant
23 and admissible, because it gives a part of the complete
24 picture of the perception by the film makers and the
25 researcher. So that is our position. Also, in terms of
26 what they left out or did not leave out in the film. The
27 film may be thought to be completely irrelevant, at the end
28 of the day, but we have witnesses of fact here, anyway, so
29 it does not matter.
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31 MR. JUSTICE BELL: I virtually said as much the other day when
32 I gave a short ruling. But let us leave that over for the
33 moment, because that may be argument for the future.
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35 That is helpful. I am not going to make any comment about
36 what you said about the possible secondary relevance of
37 what was said at the moment; I am going to wait and see
38 what happens. But I do urge you just to take the course
39 I invited you to take, which is to read through -- if you
40 want to read it out rather than just have it taken as read,
41 to read through the parts, save for the bits which we have
42 all put in pencil brackets, and then, at the end, to ask
43 Miss Tobin about the truth of that statement, which she has
44 already told me she has compiled from her notes, and not to
45 ask her for any further elaboration, unless you have some
46 particular important point in mind anywhere along the
47 line.
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49 If I were you, I would give Miss Tobin credit for having
50 put in what she thought was material, having reflected on
51 the notes she made at the time.
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53 MR. MORRIS: Yes. But the notes are more detailed, in fact.
54 (Pause)
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56 MR. JUSTICE BELL: What are you going to do, then?
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58 MR. MORRIS: If I can ask the question of the witness.
59 I certainly will not read out the notes.
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