Day 262 - 13 Jun 96 - Page 58
1 referred to as the witness's own document, and a document
2 which was not, though it was referred to in the witness's
3 document, because the creator of that other document was
4 not a witness.
5
6 Then, my Lord, finally, the expressions of principle --
7 I think there are eight definitions -- starting on page 113
8 at letter D, and finishing on page 115 at letter G.
9
10 MR. JUSTICE BELL: What about reports from the agency
11 concerned?
12
13 MR. RAMPTON: Well, my Lord, I do not have a problem with that.
14 In so far as there are reports -- and there are I think
15 reports for every occasion that we have deployed evidence
16 in relation to -- plainly, the reports are, technically,
17 disclosable for those occasions, as we have had to do in a
18 couple of cases where the notes are missing. I have
19 absolutely no problem about disclosing them. Mr. Morris
20 has already noticed in the two cases concerned that the
21 terminology of the report is virtually identical with the
22 notes.
23
24 MR. JUSTICE BELL: Yes. But what I have in mind is, I thought
25 the reports were monthly.
26
27 MR. RAMPTON: They were, roughly.
28
29 MS. STEEL: Weekly.
30
31 MR. RAMPTON: They are not weekly.
32
33 MR. MORRIS: It is said that they were weekly.
34
35 MR. RAMPTON: Never mind what was said. They are not weekly.
36 They are summary reports. It is roughly monthly. In the
37 report, you have a number of reports with the -- really,
38 the terminology -----
39
40 MR. JUSTICE BELL: That is why I am asking, because the reports,
41 the monthly reports -- in fact, it is more to the
42 Defendants' advantage if they are monthly than if they are
43 weekly, on the point I have in mind -- because, is the
44 whole report disclosable because it has what
45 Mr. Pocklington observed on such and such a date,
46 notwithstanding that it has also got what he might have
47 observed on a date which you are not relying on and also
48 has a reference to what other inquiry agents who you are
49 not calling observed.
50
51 MR. RAMPTON: It cannot make any difference, my Lord, that they
52 are in one document, so long as the document is servable.
53 There are two ------
54
55 MR. JUSTICE BELL: What you say is, whereas you can only
56 specifically waive the whole of the document, if you waive
57 any part of it, you waive the lot.
58
59 MR. RAMPTON: Only if they are connected subject matters.
60
