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

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