Day 259 - 10 Jun 96 - Page 72


     
     1   MS. STEEL:   Actually, the other thing about the photographs,
     2        Mr. Morris had a note -----
     3
     4   MR. JUSTICE BELL:  Let us deal with the video, first of all.  Is
     5        there anything more you want to say about that?
     6
     7   MS. STEEL:   No.
     8
     9   MR. MORRIS:  I think there are sections about nutrition.  It may
    10        just be we want to put them to one of our witnesses, such
    11        as Jane Brophy.
    12
    13   MR. JUSTICE BELL:  If your instructing solicitors can find out
    14        just what situation is and let me know by next Monday
    15        morning at the latest what the position is, and if the
    16        video can be obtained before the end of the week I will be
    17        grateful; but I do not know what the difficulties may or
    18        may not be.
    19
    20   MR. RAMPTON:  I cannot, myself, believe that there is anything
    21        else that needs to be dealt with.
    22
    23   MR. JUSTICE BELL:  What were the other things?
    24
    25   MS. STEEL:   One thing is, I mentioned about the photographs
    26        that were handed up this morning.  In there, there were,
    27        I think, at least two or three photographs from October
    28        1989 which we had not seen before, and when we were asking
    29        Mr. Carroll he did say there were several cameras there on
    30        that day, you know, two or three, or something like that.
    31        It would appear that, in fact, the Plaintiffs have probably
    32        got another film that was taken on that day, in which case
    33        we would like all of those photographs from the picket to
    34        be disclosed as, obviously, they would be relevant
    35        evidence.
    36
    37   MR. JUSTICE BELL:  Do you know what the position is,
    38        Mr. Rampton?
    39
    40   MR. RAMPTON:  I am told there is not.  I am also told -- and I
    41        have to take Mrs. Brinley-Codd's word for it, whatever
    42        Ms. Steel and Mr. Morris may say -- those photographs that
    43        were handed over today they were disclosed -- not last
    44        October -- October 1993; but that matters not.  They have
    45        got them now, and that is all I am instructed there is.  If
    46        I am wrong about that, then the position will be remedied.
    47        Mrs. Brinley-Codd will, I am sure, check it this evening.
    48
    49   MR. JUSTICE BELL:  I am not going to suggest that it is a case
    50        for specific discovery with affidavits, but as a compromise 
    51        situation what, I think, would be helpful is once Mrs. 
    52        Brinley-Codd has ascertained the position to her own 
    53        satisfaction, if she writes and tells Ms. Steel and
    54        Mr. Morris and it is copied to me, then it will be out in
    55        the public domain.
    56
    57   MR. RAMPTON:  I am sure she will.
    58
    59   MS. STEEL:   OK.  The other thing I want to raise is we have
    60        just had a package from a barrister and we may want to

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