Day 057 - 29 Nov 94 - Page 39


     
     1
     2   MR. MORRIS:  Partly because they are under an obligation to
     3        disclose any relevant document in their possession as part
     4        of their obligation in bringing a case of this kind which
     5        they chose to bring.  So, that is the first obligation.
     6        Secondly, that in -----
     7
     8   MR. JUSTICE BELL:  Put in homely language, why should they do
     9        the running around rather than you when it is you who wants
    10        to rely on it?
    11
    12   MR. MORRIS:  Because they do not have to do any running around.
    13        If they have the document in their possession, it is their
    14        obligation, as far as we understand it, if this document is
    15        relevant, to have their agents, servants or whatever
    16        anywhere in the world to identify that document.  They do
    17        not have to go -----
    18
    19   MR. JUSTICE BELL:  Have you the telex there?
    20
    21   MR. MORRIS:  I am sorry, it was not disclosed and all parties
    22        including ----
    23
    24   MR. JUSTICE BELL:  I know.  You have to be able to show me it to
    25        pursue your argument.
    26
    27   MR. RAMPTON:  I was not given a copy but it was shown to me at
    28        the time and then it was whisked away again, I am afraid.
    29        I do not know have copy.
    30
    31   MR. MORRIS:  It was served on the other party and a copy would
    32        certainly have gone to the Judge, but I am at lost to
    33        remember exactly .....
    34
    35   MR. JUSTICE BELL:  I do not want to you say what its contents
    36        are.  I just want to you find the telex, I think it was,
    37        which you put to the witness and which I read some days ago
    38        now.
    39
    40   MR. MORRIS:  "It was in that pack of 12 documents" I said on
    41        page 47 at the bottom.  "Do you remember, they were
    42        numbered in the bottom right-hand corner?"  They may have
    43        been put behind Sue Dibb or behind Mr. Green.
    44
    45   MR. JUSTICE BELL:  Where are you getting that they were ----
    46
    47   MR. MORRIS:  On page 47, line 53.  I think it was behind Sue
    48        Dibb and I do not think we have that here in court.
    49
    50   MR. JUSTICE BELL:  I cannot find it unless you can show me a 
    51        copy.  I hope I am doing my very best to help you, but 
    52        there is a limit to how much searching I should have to do 
    53        for you.
    54
    55   MR. MORRIS:  The court read the document.  It was clearly a copy
    56        of a telex report from Reuters specifically on that
    57        subject.  I do not see that it takes us much further
    58        whether I have it physically in my hand or not; I am sure
    59        I can get it tomorrow, if necessary.  If it is dependent on
    60        that, I will do so.  It is our clear belief and right to

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