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
