Day 265 - 19 Jun 96 - Page 59
1 A. Page?
2
3 Q. 89.
4
5 MR. MORRIS: The handwritten notes?
6 A. Signed L 113, whoever.
7
8 Q. 89?
9 A. Yes.
10
11 Q. Can you just read those notes to yourself? (Pause) What
12 page are you on now?
13 A. Page 2.
14
15 Q. OK.
16 A. Right.
17
18 Q. There is a lot there about Animal Aid, is there not? The
19 big section there seems to have been some kind of
20 discussion about Animal Aid. Do you remember that meeting?
21 A. If my notes say, yes; I do not specifically.
22
23 Q. Do you remember now?
24 A. I don't remember now.
25
26 MR. JUSTICE BELL: It is only right, in the light of the
27 evidence he has given so far, it is only right he should be
28 allowed to look at his notes and by all means then ask him
29 if it is relevant if he remembers such and such a
30 discussion. For instance, something which might appear in
31 Mr. Pocklington's notes.
32
33 MR. MORRIS: OK, but you do not now recall that meeting?
34 A. No, I do not.
35
36 Q. You do not recall me saying what it said in the first
37 page?
38
39 MR. JUSTICE BELL: I think what you should do quite frankly in
40 fairness to you --
41
42 MR. MORRIS: I do not know because as far as I can see notes are
43 not evidence and I know it is not a criminal case, but in a
44 criminal case it would not be allowed.
45
46 MR. JUSTICE BELL: It certainly would. If someone said, "I made
47 a note a few minutes or an hour or so after the event. The
48 note I made was an accurate note as best that I could make
49 it at the time, this is my note," then the contents of the
50 notes go in as that person's evidence of what occurred. He
51 does not have to read them all out and that is the evidence
52 of what happened from that witness, subject to any
53 modification he makes under cross-examination or otherwise,
54 and he has averred his notes as an accurate account,
55 allowing for the fallibilities of human memory, soon after
56 the events which they purport to relate to. It may more
57 complicated or it may not be where it is a report, rather
58 than notes, but in the case of Mr. Claire, we have
59 photocopies of the notes which he said were made in his own
60 hand in his car immediately after leaving the meeting, or
