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
