Day 312 - 11 Dec 96 - Page 17


     
     1        clerks et cetera to proof our witnesses in the making of
     2        their statements.
     3
     4        The next point of lack of safety in the proceedings, which
     5        is very important -- we would argue this is a fundamental
     6        point -- is the oppressive nature of the proceedings, and
     7        I do not mean by that that people in the courtroom have
     8        been jumping on us, you know, oppressively; I mean that as
     9        well as all the other abovementioned relevant points the
    10        case is clearly personally oppressive to each of the
    11        Defendants who have to endure, we have to endure, the
    12        relentless pressure and stress of such a long, detailed,
    13        high profile, stressful, and continuous unbroken action,
    14        unaided to any significant degree.  Bearing in mind, of
    15        course, the unprecedented length of this action.
    16
    17        The case has dominated our time and lives for at least four
    18        years, and the paperwork has dominated our homes.  Our
    19        personal lives have suffered unacceptably.  I am a single
    20        parent with sole responsibility for a 7-year-old child,
    21        obviously a major and continuous responsibility, throughout
    22        the case and trial, and that relationship between myself
    23        and my son has been affected negatively by this case.
    24        Ms. Steel has suffered from stress related ill health and
    25        exhaustion.  Such a trial, we would submit, is an abuse of
    26        the principle of a fair and equal hearing and... Yes,
    27        basically.
    28
    29        Point 7: for about half of the case we have been denied the
    30        official transcripts when available to the Plaintiffs.
    31        This has inevitably resulted in an unfair advantage to the
    32        Plaintiffs regarding preparations for cross-examination,
    33        ability to take notes because we do not have clerks and we
    34        do not have that training et cetera, and therefore to
    35        prepare for closing submissions or dealing with the myriad
    36        points of law that have come up, proofing our witnesses,
    37        and so on.  That is one of the reasons it has been such an
    38        uphill battle to prepare our closing speeches, because we
    39        have not been able to mark up transcripts as we were going
    40        along for most of the time.
    41
    42        Although we have been able, through public donations, to
    43        buy transcripts at a cheaper rate three weeks later by then
    44        it is too late to go over that day's evidence or to use
    45        them in any effective or convenient way.  Obviously, we
    46        have already made the submission that we believe the court
    47        should intervene to ensure that all parties have what any
    48        party has in the way of transcripts.
    49
    50        Point 8.  We say that the politics of dissent should not be
    51         -- sorry, I will start again.  The purpose of defamation
    52        proceedings is to protect reputation it is said.  We say it
    53        is an abuse of the court to use libel proceedings to
    54        stultify political criticism, which is what we say has
    55        happened in this case, and that is a matter of evaluation
    56        for you.  The court's duty is to protect the right to
    57        express honestly held political beliefs except where
    58        Parliament has legislated otherwise, for example against
    59        racist literature, or whatever.
    60

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