Day 269 - 25 Jun 96 - Page 95


     
     1        support, then I would have to look at what it was.  Rightly
     2        or wrongly, it was not just a question of saying: "I am not
     3        interested in political allegiances," whether they are big
     4        P or small p.  It was a question of saying: "I really do
     5        not, in what is supposed to be, although some people think
     6        it is not, a liberal democracy, I can draw a conclusion on
     7        any of the issues in this case on whether anyone supports
     8        one of the major political parties.  I would probably think
     9        it was just the same if it was suggested that either of you
    10        were a member, for instance, of the Communist Party which
    11        is still a comparatively major political party.  But if it
    12        was suggested that you were associated with some political
    13        -- small p -- political body because it was then going to
    14        suggest that they do this that or the other in a way which
    15        activity is suggested is relevant to an issue in this case,
    16        then I would have to consider all that and make my own
    17        judgment as to whether it was relevant or not.
    18
    19   MS. STEEL:  Right, but presumably that will just be about London
    20        Greenpeace.
    21
    22   MR. JUSTICE BELL:  I just do not know.  I am sorry.  I do not
    23        think you can push me any further because if I did give you
    24        -- another thing which concerns me.  If I gave you an
    25        indication now, and you acted upon it, in whatever way, as
    26        to whether you gave evidence or not yourself, or whether
    27        you called a certain witness yourself, then when the
    28        question came, I might have reconsidered it.  I would hear
    29        argument Mr. Rampton.  I would hear what you had to say.
    30        Then it would be most unfortunate if I drew a different,
    31        came to a different conclusion because I would just have to
    32        decide the matter at that time with the information I had
    33        available at that time, and on the argument I heard at that
    34        time and those, the information I had and the argument I
    35        had might be different to the situation I am in now and yet
    36        you could quite, with some justification say: "If the Judge
    37        had said that a week ago, we might not have given evidence
    38        or we might not have called such and such to give
    39        evidence," and I think that would be most unfortunate.  So
    40        I am sorry.  I really do not think I can help on that.
    41
    42   MS. STEEL:  So we just have to take objections as they come.
    43
    44   MR. JUSTICE BELL:  You have got to make up your own mind, take
    45        such advice you can.  The furthest I think I can go to help
    46        is to say that subject to something Mr. Rampton wanted to
    47        say that if you had a McKenzie friend in Court or
    48        immediately outside Court and you wanted to consult with
    49        that McKenzie friend quite shortly, the better to make some
    50        argument that you ought not to be asked to answer the
    51        question that has just been put to you, I would be
    52        receptive to that but I cannot go any further than that.
    53        Quite frankly, I hope it does not happen very often.  There
    54        are quite enough problems which are plainly relevant in
    55        this case.  So there we are.
    56
    57        The only other thing I will say is that I anticipate I will
    58        be working in my room all Thursday.  If the Appeal is
    59        disposed of before the end of the day and if there is some
    60        procedural query which needs to be dealt with, then I would

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