Day 258 - 07 Jun 96 - Page 44
1
2 MR. JUSTICE BELL: I want you to give your list when I rise this
3 afternoon to Mrs. Brinley-Codd.
4
5 MS. STEEL: I have to write it out neatly.
6
7 MR. JUSTICE BELL: Very well, I do not have to explain to you
8 that the risk you take if forewarning is not given, I may
9 be hesitate to do so but I may have no alternative to say,
10 no, you cannot call evidence on that point, it is too late,
11 you have not given any notice, and I want to avoid that if
12 I possibly and fairly can. But, anyway, give the list this
13 afternoon. It will get, in due course, to Mr. Rampton and
14 if there is any argument about it, I will hear it on Monday
15 after Mr. Nicholson has left the witness box.
16
17 MS. STEEL: Just another thing about instructions. You said in
18 your statement that you needed to know not only the names
19 of the people responsible but also the addresses which have
20 been necessary for service of proceedings. In order to
21 find out those addresses you presumably instructed your
22 inquiry agents to follow people home?
23 A. No.
24
25 Q. You did not?
26 A. I left that entirely up to them, how they determined
27 what your addresses were. They were matters for the
28 agents, not for me. I said I needed the names and
29 addresses in order to issue proceedings but how they
30 obtained that information was entirely their affair, as
31 long as it was legal.
32
33 Q. In what way were you concerned that Mr. Clare might become
34 an agent provocateur if he got more involved?
35 ?
36 A. I do not think there is anything particularly wrong
37 with becoming an agent provocateur. I just think they are
38 provocative, the court would look upon them as being that,
39 and I think it would diminish the strength of their
40 evidence.
41
42 Q. What sort of things was he talking about getting involved
43 with then?
44 A. I do not know. Well, I think he was talking about, you
45 know, writing notes, getting involved in postal delivery of
46 the--
47
48 Q. Letters?
49 A. Letters -- of the leaflets.
50
51 Q. Sorry, you mean answering letters, taking the minutes of
52 the meetings?
53 A. Yes. You know, I accept that they may have already
54 done that. Perhaps they had to do that in order to
55 maintain their cover, but I did not want him getting deeply
56 involved in the organisation, becoming an active member of
57 the organisation. I wanted him there to observe and to
58 learn and to report back.
59
60 Q. So, was he also talking about getting involved with the
