Day 162 - 25 Jul 95 - Page 21


     
     1   MR. JUSTICE BELL:  Listen, it does not matter.  We cannot argue
     2        it now before I make a decision.  My present feeling is
     3        that I should give an opportunity to Miss Gabriel and
     4        Channel 4, if they are the least bit interested, in fact,
     5        to have something to say about it, and my suggestion is
     6        that someone -- and it could perfectly well, if they were
     7        prepared to do it, be Barlows or yourself -- convey to Miss
     8        Gabriel and Channel 4 what has been said this morning on
     9        the topic, particularly by me, so it can be found out if,
    10        at the end of the day, they would want to say anything.  If
    11        there has to be an argument on this, time must be made for
    12        it in that first week and Miss Tobin's place in the
    13        schedule will have to allow for the Plaintiffs to have time
    14        to consider the transcript if, in fact, having heard
    15        argument, I order their discovery.  I am not cutting your
    16        argument short, but I do not think it really helps to have
    17        any more argument today because that is the procedure which
    18        has to be followed.
    19
    20   MS. STEEL:   Except that if there is nothing in dispute, then it
    21        short cuts the need -- there is no need for any argument at
    22        the beginning of, at the end of September, and, as far as
    23        I can tell, the only part which the Plaintiffs have
    24        disputed is that they think that certain sections were
    25        speeded up, which you would not be able to tell from the
    26        transcript anyway.
    27
    28   MR. JUSTICE BELL:  I am not sure it matters whether it is in
    29        dispute at the moment, because the Plaintiffs may be
    30        entitled to say, "We do not know whether it is in dispute
    31        until we hear everything that that person may have said to
    32        the camera".  One thing, it seems to me, which is in
    33        dispute is Michael Metcalfe's hours and there may well be
    34        other matters as well.
    35
    36   MS. STEEL:   I do not think that was on the camera though.  I
    37        think that was something that Miss Tobin raised.
    38
    39   MR. JUSTICE BELL:  Yes, indeed she did; but then we might see if
    40        Michael, for all I know (and I have not even seen the
    41        transcripts), Michael Metcalfe may be recorded as saying
    42        something like that, and the actual bit of film of him
    43        saying it is not shown but the voice over has delivered
    44        it.
    45
    46        One does not know that that is so, but that is the kind of
    47        possibility which may arise.  But I am not going to say
    48        here and now that it is not discoverable.  If I am not
    49        going to say here and now that it is not discoverable it
    50        has to be properly argued, and, as I have already said, I 
    51        think Miss Gabriel or Channel 4 have to be given an 
    52        opportunity to be heard if they want to be heard. 
    53
    54   MR. MORRIS:  I am not bothered about disclosing it at all, but I
    55        am bothered about being put in a situation where I cause
    56        embarrassment for Jane Gabriel and/or Channel 4 and -----
    57
    58   MR. JUSTICE BELL:  Look, I cannot -----
    59
    60   MR. MORRIS:  That is all I am saying.

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