Day 311 - 06 Dec 96 - Page 20


     
     1        of that to some extent.  I know your Lordship has had at
     2        least two.
     3
     4   MR. JUSTICE BELL:  Yes, I have one in my room.
     5
     6   MR. RAMPTON:  The first one I gave your Lordship disappeared,
     7        and then I gave your Lordship another one. (Handed)  There
     8        is a photocopy version as well, of course.
     9
    10   MR. JUSTICE BELL: So there is no label on them?
    11
    12   MR. RAMPTON:  My Lord, at paragraph 6 on page 18, and also with
    13        Mr. Nicholson and Mr. Carroll, but at 6 on 18 I have set
    14        out the passages in the evidence-in-chief in which I got
    15        the witnesses to identify the originals, one or other of
    16        the originals in that manila folder, as being the leaflet
    17        they remembered, the fact sheet.
    18
    19   MR. JUSTICE BELL:  What the position may be is that a variety of
    20        leaflets came into the possession of the solicitors with
    21        the reports, or when the solicitors spoke to someone like
    22        Mr. Nicholson.
    23
    24   MR. RAMPTON:  Yes.
    25
    26   MR. JUSTICE BELL:  But they were not marked or identified.
    27
    28   MR. RAMPTON:  One of them is marked in that packet.  Somebody
    29        has marked it.  Mr. Nicholson and Mr. Carroll say it was
    30        not them.  16th October 1989.
    31
    32   MR. JUSTICE BELL:  Yes.
    33
    34   MR. RAMPTON:  Whether that was somebody at the solicitors or
    35        somebody at Hartley's, I think Mr. Pocklington said it was
    36        not him or -- no, it would not be him anyway, it would have
    37        to be somebody at the solicitors because Hartley's were not
    38        taking part.
    39
    40   MR. JUSTICE BELL:  However that may be, because I am not going
    41        to resolve that now, let us suppose the situation is this:
    42        if Mr. Nicholson sees someone from the solicitors, say,
    43        shortly after 16th October, he hands over a number of
    44        leaflets, if the reports come from one of the firms of
    45        inquiry agents with them come a number of leaflets, these
    46        are not marked or labelled either by the sender or the
    47        receiver?
    48
    49   MR. RAMPTON:  No.
    50 
    51   MR. JUSTICE BELL:  So what we have is someone being asked what 
    52        the leaflet was in the witness box and being asked to look 
    53        at an example to say whether it was, effectively, the same
    54        leaflet.
    55
    56   MR. RAMPTON:  That is all.
    57
    58   MR. JUSTICE BELL:  Is there any problem about secondary evidence
    59        there?
    60

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