Day 147 - 04 Jul 95 - Page 36


     
     1        well, and why we should not the have the right to show
     2        transcripts to our witnesses and legal advisers and give
     3        them copies, so they are able to read them in our own time
     4        and make their own comments, rather than having us sitting
     5        over them, watching their every move while they are doing
     6        it, and wasting our time -- and theirs, for that matter.
     7
     8        I think on Order 68, rule 1, Mr. Rampton said something
     9        that there was nothing in there about the provision of
    10        transcripts from the public purse.  But it also does not
    11        rule them out.  We would argue that the principle is the
    12        same, and there is that discretion there in the case of
    13        defendants who are unable to pay for transcripts
    14        themselves, particularly in a very long case which has a
    15        great deal of evidence which will need to be reviewed at
    16        several stages throughout the proceedings.
    17
    18        The other thing about the need for an adjournment, even if
    19        the Plaintiffs do keep providing transcripts in the interim
    20        period, we would still need time because, generally
    21        speaking, we are in court during working hours, and we may
    22        not be able to make all the necessary phone calls out of
    23        court hours and may not be able to get hold of people that
    24        we need to contact for either taking notes or for seeking
    25        alternative funding for the transcripts.
    26
    27   MR. MORRIS:  Just one thing I have to say is, I believe the
    28        transcripts are discoverable documents.  The content is
    29        relevant to issues in the case, obviously, because it is
    30        the evidence.  It is not the same as notes taken by a
    31        party, because they are transcripts, not notes.  They are
    32        not selective and they do not contain comments.  Therefore,
    33        they should be disclosed.  They are not privileged.  The
    34        content cannot be privileged because it is transcripts of
    35        the evidence which is public information.  Thank you.
    36
    37   MR. JUSTICE BELL:  Thank you.
    38
    39   MS. STEEL:   I should just say there is something else that we
    40        may raise concerning the conversation with the
    41        stenographers, but that may not be necessary to raise it
    42        depending on what the ruling is.
    43
    44   MR. JUSTICE BELL:  If you think it is relevant to any of the
    45        matter I have to decide, you should say so now because it
    46        will be too late after I have made my ruling.  I am working
    47        on the assumption that you are telling me that you cannot
    48        afford to pay for your own copies of transcripts unless or
    49        until you are able to raise some funding, by which I take
    50        you to mean loans or gifts from other people to enable you 
    51        to do so. 
    52 
    53   MS. STEEL:  That is correct, yes, that is the position.
    54
    55   MR. JUSTICE BELL:  I propose to rule on the applications which
    56        the Defendants have made now.
    57
    58             (For Ruling, please see separate transcript)
    59
    60   MR. JUSTICE BELL:  I do not see why we should not use the

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