Day 313 - 13 Dec 96 - Page 43
1 Plaintiffs did not produce original documents in court,
2 copies or secondary evidence are prima facie inadmissible
3 under the best evidence rule. It is for the Plaintiffs to
4 show good reason why this evidence should be admitted
5 without the originals being available, and we would say
6 that it might, in some circumstances, be appropriate to
7 admit copies rather than originals where-----
8
9 MR. JUSTICE BELL: Yes. I want you to stop there. I have read
10 the whole of that sheet, the rest of it is comment which
11 I will take into account on what conclusions I am to draw
12 from the evidence.
13
14 MS. STEEL: OK. There was also another case that we were
15 referred to in relation to this, which was Mortimer v
16 McCallan, which is actually 1840. The references is 6 M
17 and W at page 63. I do not actually know what that means.
18
19 MR. JUSTICE BELL: Yes.
20
21 MS. STEEL: It apparently says something to the effect of where
22 it is physically impossible or highly inconvenient to
23 produce originals the court may allow copies in their
24 deeds(?). But, again, we say that should only apply where,
25 you know, there is a good reason for it not being produced,
26 not through sheer carelessness effectively. To have lost
27 every single copy which they claim had been handed over of
28 the fact sheet is pretty careless, or not to have kept a
29 record of from where and when it was obtained.
30
31 If I can just have a couple of minutes -- (pause).
32
33 (Document handed to the judge) This is actually about
34 consent. I dealt with most of this the other day so I was
35 not intending to read any of it out, in fact. Basically,
36 it is just putting the argument that we consider we have
37 to.
38
39 MR. JUSTICE BELL: I have two copies here, I think.
40
41 MS. STEEL: There was one for the stenographers, although as
42 I am not reading it out maybe they do not need it.
43 Basically, it is that.
44
45 MR. JUSTICE BELL: It is argument again on the question of
46 consent, so I will read it through in due course.
47
48 MS. STEEL: Effectively, they consented to all publication of
49 the fact sheet between 2nd October 1989 and January 1991.
50
51 MR. JUSTICE BELL: You have said that.
52
53 MS. STEEL: At least. Because that was the duration of the
54 spies being involved with the group on their own
55 admission. The only point I would like to just say is that
56 right at the last point, really, on the first page is
57 that-----
58
59 MR. JUSTICE BELL: I have read that as well.
60
