Day 311 - 06 Dec 96 - Page 27


     
     1   MR. JUSTICE BELL: Sorry?
     2
     3   MR. RAMPTON:  That is in the witness statement.
     4
     5   MR. JUSTICE BELL:  It is in the witness statement, but even if
     6        I could not rely on his recollection then I would have to
     7        ask myself, well, did it sound to me as if he was recalling
     8        Mr. Morris speaking out loud and clear on 26th April even
     9        in the middle of 1996?
    10
    11   MR. RAMPTON:  Exactly.
    12
    13   MR. JUSTICE BELL: And, indeed, Mr. Morris put to him that the
    14        second paragraph on page 114 of the notes was right, where
    15        he was talking about other matters to be dealt with at the
    16        fair which was coming up soon.
    17
    18   MR. RAMPTON:  And it was put that the Moscow thing came up and
    19        because somebody had written in and suggested it.
    20
    21   MR. JUSTICE BELL: Yes.  And I am aware, I have reminded myself,
    22        of the evidence of Mr. Gravett and Miss Laporte on that and
    23        what Mr. Morris challenged and what he did not challenge,
    24        although I invited him to do so.
    25
    26   MR. RAMPTON:  Can I say two things?  This is against the general
    27        background of what your Lordship has been saying.  I am,
    28        for obvious reasons, very anxious that I do not -- mislead
    29        is not the word I am looking for -- lead your Lordship to
    30        make any wrong decisions of law.  That is a discretion, of
    31        course, completely different; that is a matter for
    32        your Lordship.
    33
    34        Also, I have to say this.  As I hope your Lordship has
    35        gathered from the general drift of my submissions on
    36        publication, the evidence of the inquiry agents has been of
    37        some value, but only some value.
    38
    39   MR. JUSTICE BELL:  I understand that you say it is but part of
    40        your case, but what would help me, Mr. Rampton, and we are
    41        clearly going to have to come back next week at some stage,
    42        whatever happens.
    43
    44   MR. RAMPTON:  Yes.
    45
    46   MR. JUSTICE BELL:  I would like you to help me as to which dates
    47        and which witnesses are in the same position.
    48
    49   MR. RAMPTON:  If any.
    50 
    51   MR. JUSTICE BELL:  If any.  As we have with Mr. Russell and 26th 
    52        April report.  And, if there are any, what they actually 
    53        said as to whether they checked any agency report against
    54        their own notes.
    55
    56   MR. RAMPTON:  Of course.  I am sorry it is not in here.  I have
    57        a recollection that he, Russell, was the only problem
    58        but -- so did Mr. Atkinson.  I will not say any more at the
    59        moment, we will make sure we are right or, if we are wrong,
    60        we will tell your Lordship.

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