Day 262 - 13 Jun 96 - Page 39


     
     1        back into life; and that is (b).  Third, that, in any
     2        event, in pursuit of those instructions, they gave the
     3        Plaintiffs authority or imprimatur to the activities of the
     4        group and, in particular, distributions of the leaflet
     5        complained of, by their mere presence at meetings and their
     6        attendance at the meetings.
     7
     8        So, my Lord, then, three things are relevant:  first, what
     9        were the instructions; second, what did the agents do in
    10        relation to the campaign in general from October 1989 until
    11        -- and I would say the cut-off date must clearly be the
    12        date of the issue of the writ, and I will return to that in
    13        a moment to explain why I say that, if I may -- which is
    14        20th September 1990; and, third, what they did in relation
    15        specifically to meetings at which copies of the leaflet
    16        complained of were available for distribution and were
    17        distributed.  To that end, we have -----
    18
    19   MR. JUSTICE BELL:  Let me make a note of it.
    20
    21   MR. RAMPTON:  I am sorry.  In connection with those three
    22        separate but connected allegations, we have tendered
    23        certain evidence which we would not otherwise have done;
    24        and I will come back to the consequences of that in a
    25        moment.  That evidence has been confined, I hope, so far as
    26        it has been possible, to those three questions, which are
    27        relevant questions.
    28
    29        There was an earlier stage -- and it is right to notice
    30        this now -- I forget when, 1995, I think, at which we
    31        extended our evidence to demonstrate the extent of the
    32        Defendants' involvement or participation in the group's
    33        activities at large.
    34
    35        So, in effect, one has four issues arising since the
    36        original witness statements were served to which the
    37        evidence of the inquiry agents -- and, indeed,
    38        Mr. Nicholson and Mr. Preston -- has been relevant:  how
    39        far the Defendants participated; what was the nature of the
    40        participation in the group's activities; what the
    41        instructions to the inquiry agents were -----
    42
    43   MR. JUSTICE BELL:  Am I supposed to be taking this down?
    44
    45   MR. RAMPTON:  I am sorry.  Am I going too quickly?
    46
    47   MR. JUSTICE BELL:  I certainly cannot write a note at that
    48        speed, and I do not know whether I will get a transcript or
    49        not.
    50 
    51   MR. RAMPTON:  This is legal argument, so you will, certainly. 
    52 
    53   MR. JUSTICE BELL:  Yes.  It is merely that if I am expected to
    54        give a very prompt ruling, I may not get the transcript.
    55
    56   MR. RAMPTON:  How far shall I go back?
    57
    58   MR. JUSTICE BELL:  You said there were four questions.
    59
    60   MR. RAMPTON:  Yes. Four questions -- and I will do it slowly,

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