Day 265 - 19 Jun 96 - Page 70


     
     1        marking.  Yes.  Now why should we not deal with it now?
     2
     3   MR. RAMPTON:  We can, my Lord.  My first objection in any event
     4        is on the ground of relevance into questions which pry into
     5        a person's biographical details; personal life,
     6        occupation.  If they have some relevance then the question
     7        arises whether your Lordship thinks the answer to the
     8        question might be so relevant that despite what I am about
     9        to say the question should still be answered and I am
    10        assuming now we are in Chambers.
    11
    12        My Lord, it is miserable to ask the matter that I have, but
    13        I will have to perform it because it applies with
    14        particular force to the evidence of these inquiry agents
    15        but it may -- I do not know; anyway.  Your Lordship will
    16        remember the witness Michelle Hooker.  Not the witness, the
    17        agent Michelle Hooker.  Some weeks ago, I cannot give a
    18        date of it at the moment, and despite what Mr. Morris said
    19        to your Lordship yesterday about the defendants not being
    20        able to trace Michelle Hooker -- this is one of the reasons
    21        I wanted it to be in Chambers -- which is plainly untrue.
    22        Ms. Steel telephoned Michelle Hooker at her parents' house
    23        and said and this is -- I only am, reciting the relevant
    24        part of what Ms. Steel said that she wanted Michelle Hooker
    25        to give a statement.  Michelle Hooker was noncommittal.
    26        Ms. Steel then gave a description of Michelle Hooker's
    27        parents' new motorcar and their address, and this is
    28        perhaps, from the point of view of anybody similar to
    29        Michelle Hooker, such as Mr. Claire.
    30
    31        This is the relevant part.  Ms. Steel repeatedly said: "I
    32        hope you and your parents are in good health and will
    33        continue to remain so."   Not once, but several times.  Now
    34        that, of course, is said.  I do not have an affidavit from
    35        Michelle Hooker.  Your Lordship does not have her in Court
    36        but those are my instructions and it explains why it is
    37        that I have been so nervous, if your Lordship likes, about
    38        personal details of witnesses like Mr. Claire.  They are, I
    39        believe, entitled to have a real fear for their personal
    40        safety.
    41
    42        Therefore unless your Lordship feels that the evidence is
    43        important and if that were so, then answers would have to
    44        be given, notwithstanding.   I would ask your Lordship to
    45        exercise a kind of discretion to say "Well, really I do not
    46        need to have this information.  I do not need it and
    47        therefore, the witness may not answer the question."
    48
    49        I am sorry.  I forgot one other thing.  Your Lordship
    50        remembered the other day that I made again a rather jumpy 
    51        or nervous mention in Court about the fact that each one of 
    52        these investigators has been photographed by agents of the 
    53        defendant's outside this building as they have come to give
    54        evidence, and no other witness apart from Mr. Preston has
    55        been subjected to the same treatment.  Now I put that
    56        together with all I have just told your Lordship about
    57        Ms. Steel's conversation with Michelle Hooker and I am
    58        bound to say I would submit that it is a real ground for
    59        those witnesses to apprehend a possible threat to their
    60        personal safety and well-being.  The date when this

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