Day 263 - 14 Jun 96 - Page 35
1 the overall conduct of the meeting, the overall topic or
2 topics of the meeting, is clear, without needing to know in
3 the slightest bit, for example -- and I give this as an
4 example -- that the Peace Brigade International gave a
5 slide show about Sri Lanka. It is quite clear from the
6 proportion of the note itself where McDonald's and the
7 Defendants fit in.
8
9 MR. JUSTICE BELL: Yes. Thank you. Did you want to say
10 something about -- was there anything else, Mr. Rampton?
11
12 MR. RAMPTON: No, my Lord, I do not believe so. I think I have
13 written down everything that I needed to say. Also,
14 without saying anything about it at all, I draw
15 your Lordship's attention to what is said in relation to
16 the Highgate Traders case at page 177 of Style & Hollander.
17
18 MR. JUSTICE BELL: Yes. I read that. Did you want to say
19 something about the Nea Karteria case?
20
21 MR. MORRIS: The only thing I was going to say is that it seems
22 to me that it is very helpful to us, and that I would just
23 ask that it be read carefully in full. I noted at the very
24 end, the bit Mr. Rampton did not read, it talks about
25 material coming into -- if you look at the very last page,
26 the second to last paragraph, it talked about documentary
27 or oral material coming into existence beforehand.
28 I thought that may be significant, because we are talking
29 about material produced at the time based on the
30 observations of the agents.
31
32 It just seems to me that whenever it talks about this
33 throughout this case -- for example, in that same
34 paragraph, the bit Mr. Rampton did not read out, the bottom
35 sentence of the first column in that paragraph, "They did
36 not form part of the body of events upon which I have to
37 reach conclusions of fact"; and that seems to me to be a
38 feature of this case, that it is clear anyway that the
39 material that has been waived, privilege has been waived,
40 and the material that Mr. Rampton says that has not been
41 waived are part of the same body of material upon which the
42 court has to reach conclusions of fact. We are talking
43 here about a massive waiver of privilege of a huge amount
44 of documents that have already been signed.
45
46 MR. JUSTICE BELL: I only wanted you to address me on
47 Nea Karteria.
48
49 MR. MORRIS: I hope it will be read carefully.
50
51 MR. RAMPTON: I am sure your Lordship will read it carefully.
52 I fully confess, it can be used for either argument.
53
54 The only other thing I think I ought to tell your Lordship
55 is this, because in the end a judge who is doing the trial
56 like this -----
57
58 MR. JUSTICE BELL: The basis is fairness. I have got to
59 consider that.
60
