Day 280 - 17 Jul 96 - Page 30


     
     1        the statement about that but she had confirmed it is an
     2        accurate record of what they said.  And that part about the
     3        document is not negated in this section 3 that we have been
     4        discussing.
     5
     6   MR. JUSTICE BELL:  Well, the statements made by the workers and
     7        Inspectors were made otherwise than in a document.  They
     8        were made orally.  They were then reduced to written form
     9        in the document but the statements were actually made as
    10        the workers and inspectors spoke.
    11
    12   MS. STEEL:  But then that would be the same situation for a
    13        statement made in legal proceedings, no doubt a solicitor
    14        would take, would interview--
    15
    16   MR. JUSTICE BELL:  Yes.
    17
    18   MS. STEEL: -- a person and take it down and then send it down to
    19        the UK for it to be produced as evidence.
    20
    21   MR. JUSTICE BELL:  Yes.
    22
    23   MS. STEEL:  So, you know, effectively that is same.
    24
    25   MR. JUSTICE BELL:  Yes.
    26
    27   MS. STEEL:  But that is, obviously, you know, allowed.  So there
    28        is no particular reason why statements recorded in a
    29        newspaper article which have been verified as being
    30        accurate, statements made, notes made contemporaneously of
    31        what was being said, should also be allowed.
    32
    33   MR. JUSTICE BELL:  3 only applies to a statement which is made
    34        otherwise than in a document.  The witness statement you
    35        have made, you have referred to, would be made in a
    36        document, so section 2.3 would not apply.
    37
    38   MS. STEEL:  But these statements are in a document.
    39
    40   MR. JUSTICE BELL:  No, they are not.  When you make a written
    41        statement you may say it to the solicitor but the solicitor
    42        then writes it down and when you actually sign it you are
    43        making that written statement.  You will be adopting it as
    44        your statement.  You may have said it beforehand to the
    45        solicitor, in fact you mostly will have done, but the
    46        statement which you make is the written statement which you
    47        sign and date.  There is no equivalent to that here.  It is
    48        just a journalist taking down what she has heard someone
    49        say, or allegedly taking down what she has allegedly heard
    50        someone say.  I am only interrupting you to try and help
    51        you through it.
    52
    53   MS. STEEL:  Well, the other part is that in section -- sorry, I
    54        am trying to find the right page.  Yes, on page 37 of the
    55        article, there are a whole series of quotes in the
    56        right-hand column.
    57
    58   MR. JUSTICE BELL:  Let me just get the article out.  (Pause) It
    59        was 116 was it not?
    60

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