Day 187 - 13 Nov 95 - Page 40
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2 MR. JUSTICE BELL: But when you say it would shed light on
3 Miss Tobin's credibility, in what sort of respects?
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5 MR. RAMPTON: My Lord, if, for example -- as often happens --
6 she was solely or jointly responsible with Miss Gabriel for
7 the selection of those parts of the interviews, and the rap
8 session examples that were to be included in the film, and
9 suppose (as may be the case or may not), for example, it
10 appeared that that selection could fairly be characterised
11 by me as being a deliberate misrepresentation of what
12 occurred, then it is at least possible (if not probable)
13 that your Lordship might not think very much of her
14 evidence about the matters about which she can give
15 direct -----
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17 MR. JUSTICE BELL: Is that not as to credit?
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19 MR. RAMPTON: That is credit, but the other parts of it are of
20 direct relevance to the case.
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22 MR. JUSTICE BELL: I appreciate that. But, I mean, suppose --
23 and I make no bones about it -- if I do not see the
24 transcripts of all which was said, at the moment I am not
25 minded to attach any weight to anything I hear actually on
26 the film; I have formed my own opinion as to whether the
27 film gives a useful portrayal of the way people work in
28 McDonald's; quite frankly, I do not think transcripts are
29 likely to help me on that. The other matter which it does
30 seem to me really goes to credit is Miss Tobin's evidence
31 of her own experiences, which I would have thought is
32 beyond the pale as a ground for discovery in the light of
33 the authorities you quoted to me a few weeks ago.
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35 MR. RAMPTON: I quite understand that. I cannot tell what
36 your Lordship will make of Miss Tobin. I ought not to be
37 deprived of legitimate material, what appears to be
38 legitimate material, going to an issue simply on the ground
39 that it may also go to credit. If it went to credit too,
40 so much the better for me; that is a windfall. But I am
41 entitled to it, in any event.
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43 If this were a television case where the defendant was a
44 television company, that is almost the first thing that
45 gets disclosed, the unedited transcripts. It is a highly
46 material document when it comes to the veracity of what is
47 said in the programme. I do not believe that Mr. Morris'
48 coyness -----
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50 MR. JUSTICE BELL: Mrs. Brinley-Codd has been trying -- no doubt
51 she has had plenty of other things to distract her --
52 really for very nearly two months now, certainly eight
53 weeks, to try and track Miss Gabriel. She has not
54 succeeded in doing it. You are not going to get any
55 further with Mr. Morris. What ground is there to believe
56 that you will find Miss Gabriel, if you have not been able
57 to do so in eight weeks?
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59 MR. RAMPTON: I do not know. I mean, the fact is that all roads
60 which were open to us have been traversed; the telephone
