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

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