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
