Day 312 - 11 Dec 96 - Page 16
1 The next point, point 4. The denial of legal aid in a case
2 of such nature and such public importance, which I have
3 outlined in the first 12 points, underlines, firstly, the
4 impossibility of the Defendants being able to adequately
5 and fully prepare, organise and administrate the paperwork
6 and other legal work from our homes and in our spare time,
7 especially in the light of the case length, the extent of
8 documentation, the scope of the issues, the international
9 territory of relevance to be covered, and the complex legal
10 and factual research needed.
11
12 Secondly, the other result from the lack of legal aid, the
13 impossibility of the Defendants being able to effectively
14 challenge, or even challenge at all, the Plaintiffs'
15 counsel approach and interpretation of the law throughout
16 the trial, bearing in mind his inevitable commitment to the
17 interests of his clients, which is entirely understandable
18 in an adversarial system. This is particularly noteworthy
19 with no disrespect intended to yourself.
20
21 MR. JUSTICE BELL: Yes.
22
23 MR. MORRIS: In the light of Mr. Justice Bell's acknowledged
24 relative inexperience in this area of law. Mr. Justice
25 Bell has, from time to time -- sorry, that is you --
26 welcomed the Defendants' calling McKenzie friends who have
27 been allowed to address the court on some matters of law.
28 However, this has just touched on the tip of a very large
29 iceberg and they have inevitably had to be extensively
30 briefed by the Defendants due to their lack of involvement
31 in the case as it has progressed. Hence, these two
32 examples serve to illustrate both the necessity and the
33 improbability, without legal aid, of litigants in person
34 being able to make effective legal submissions through
35 trained advocates.
36
37 Even at this stage in the case, where we have attempted to
38 involve legal volunteers in preparations of closing legal
39 submissions, it has been almost impossible, despite our
40 best efforts, to brief co-ordinate, check, amend and
41 prepare for speech more than a few relevant submissions.
42 For their part the volunteers, including barristers,
43 despite their best efforts, have informed us that they have
44 found it almost impossible to set aside the necessary time
45 to liaise with us and each other to grasp the particular
46 discrete points sought which are relevant to the
47 circumstances of this particular case.
48
49 So, the whole situation is very unsatisfactory and unsafe
50 we would submit.
51
52 The next point of unsafety, we submit, point five. The
53 unfair and inconsistent approach to witness statements
54 which was due to the effects of the new practice direction
55 on limiting evidence-in-chief which was introduced half way
56 through the trial, and again that is no reflection on this
57 particular tribunal, on the intentions of this tribunal,
58 but that was something that came in from outside and had an
59 effect which, we say, affected us unfairly, especially in
60 the light of the impossibility of us being able to provide
