Day 002 - 30 Jun 94 - Page 60


     
     1        notice on "Jungle Burger", what you have to do is decide
              which actual statements and by whom in the film you are
     2        going to give a Civil Evidence Act notice in respect of.
              For instance, the man in the white coveralls you gave me
     3        the name for.
 
     4   MR. MORRIS:  Sergio Quintana.
 
     5   MR. JUSTICE BELL:  If you play that over from a certain number
              on your video machine starting at a round figure, you will
     6        be able to say what he says is between numbers this and
              that.  That is your start.  What Mr. Rampton is then
     7        expecting is transcripts of full conversations wherever
              you have selected a Civil Evidence Act witness and the
     8        bits which he said on the film.  That is not just because
              he may be able to take a technical objection if you do not
     9        do that. It is because it is obvious that any independent
              minded judge is likely to attach less weight to what is
    10        obviously an extract of what is said, than he will to the
              whole of what is apparently said, in case intentionally or
    11        otherwise the extract is misleading and can be taken out
              of context.
    12
              You will no doubt need something from Mr. Heller in
    13        relation to that.  If he is not in this country, if he is
              in Germany or wherever, you will have to get him to send
    14        it over and make sure he keeps a copy of it in case it
              goes away in the post or anything like that.  So you can
    15        start thinking about it before Mr. Heller comes into the
              United Kingdom.  If you are unhappy about whether you have
    16        fulfilled your obligations in that regard, you can raise
              it again.
    17
         MISS STEEL:  Could I just come back on a couple of the things
    18        Mr. Rampton said on discovery, because I think that people
              who are in court may have been given a misleading
    19        picture?  Not only have there been applications where we
              have failed; there have also been quite a few applications
    20        where we have succeeded.  We do still contend that parts
              of the document that have been blanked out by the
    21        plaintiffs can clearly be seen to be relevant and ought to
              be disclosed.
    22
              Finally, there have been a number of occasions where
    23        Mr. Rampton has said he is not going to disclose documents
              to provide us with ammunition for our case.  That does
    24        follow that those documents might tend to prove these
              statements in the leaflet.  That is all I wanted to say.
    25
         MR. MORRIS:  Just to let you know that we did have a problem -- 
    26        I already made the point about it yesterday about the 
              transcripts, I am sorry to bring it up again and burden 
    27        everybody with it.  I now cannot get access to a
              transcript until the morning, although I do have the disk
    28        of this which I cannot do much with.  Helen is very au
              fait with the technology and was working on it all day
    29        yesterday, but the material she came out with yesterday,
              she could not work on it.
    30
         MISS STEEL:  Some of it is fine, but yesterday there were quite

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