Day 311 - 06 Dec 96 - Page 34


     
     1        might not be able to produce materials as to support the
     2        leaflet in there was a BBC interview -- but I have
     3        19th April 1990 where he noted only Jane present, but
     4        Mr. Pocklington noted a full blown meeting, and I have the
     5        question of the Borough postcard as well.
     6
     7   MR. RAMPTON:  Yes.
     8
     9   MR. JUSTICE BELL:  So, can I treat Mr. Clare -- the question,
    10        really, is this reliable, unless there is some supporting
    11        evidence or the inherent probabilities are on -----
    12
    13   MR. RAMPTON:  And the supporting evidence is found by a
    14        retrospective validation of the truth of what Mr. Clare
    15        wrote about that occasion by Mr. Morris's affidavit.
    16
    17   MR. JUSTICE BELL:  Yes.  I will take a five-minute break there.
    18        Then, subject to you wanting to say any more, I will go on
    19        to the next divider, which is malice.  Five minutes.
    20
    21                        (Short Adjournment)
    22
    23   MR. MORRIS:  Can I make a formal application that if the
    24        Plaintiffs are going to rely on the notes of Alan Clare,
    25        then the full notes should be disclosed, the full book
    26        should be disclosed; partly because if the Plaintiffs are
    27        going to rely on notes for any of the agents, then the full
    28        notes should be disclosed, because they all become evidence
    29        in the case, not just the ones that the Plaintiffs have
    30        decided to put in.  So, the Plaintiffs' argument is that
    31        all the notes become evidence, therefore all the notes
    32        should be disclosed.  But in the case of Alan Clare -- so
    33        that all the notes should be disclosed of all the agents,
    34        if they are going to rely on the notes.  Secondly, in the
    35        case of Alan Clare, it is particularly important because we
    36        have challenged his credibility.  Therefore, there are two
    37        reasons why his full notes should be disclosed, because
    38        some of it may go to credit.  The Plaintiffs have chosen
    39        this course and, therefore, they should disclose the
    40        notes.  That is a formal application.
    41
    42   MR. JUSTICE BELL:  It is refused.  It raises nothing which has
    43        not been raised and dealt with before when I said that it
    44        was legitimate to produce parts of the notes in the form
    45        which they have been produced.  I do not see that the
    46        question of Mr. Clare's credibility adds to the matter.
    47
    48        I do say, because I have reached a firm conclusion about
    49        it, that I shall not treat Mr. Clare's evidence as
    50        reliable, save for where there is some supporting evidence 
    51        independent of Mr. Clare or the inherent probabilities of 
    52        the situation support his evidence. 
    53
    54   MR. RAMPTON:  My Lord, there is one point that I want to add to
    55        matters, but maybe I had better do that when your Lordship
    56        gets to that part of the document.
    57
    58   MR. JUSTICE BELL:  Is it to do with publication, or is it on
    59        malice?
    60

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