Day 001 - 28 Jun 94 - Page 58


     
     1        they became ready.  We are unable to collect them.  We do
              not have the time or the ability to go and collect them.
     2        I cannot collect them because I have child care
              responsibilities in the evening anyway.
     3
         MR. JUSTICE BELL:  One thing you could do is collect them the
     4        following morning.  It certainly does not always follow
              that if counsel, for instance, has the transcript that
     5        evening he or she actually looks at the transcript that
              evening.  As I understand, in fact I may find out this
     6        evening, you can I think take your computer away with you
              and turn up whatever you want which has happened in the
     7        day's proceedings on that.  I do not mind saying that
              probably what I will do, if I can do that and I think
     8        I can, is use that to refer back to anything which has
              happened in the day and I probably will not most days look
     9        at the transcript, if I do, until the following morning.
 
    10   MR. MORRIS:  As I said before, I do not consider the computer
              as a substitute for properly formed transcripts.  I am
    11        quite disturbed about the direction that is going in.
 
    12   MR. JUSTICE BELL:  How do you think you are disadvantaged by
              not having the transcripts ----
    13
         MR. MORRIS:  It was originally said we would get them by 5.30
    14        once the trial was properly under way each night.  I would
              want to work from the transcript.  We do not have a huge
    15        team of trained people working on our case.  We are
              independent and isolated defendants working on the case
    16        each night at home with our other responsibilities, child
              care.  I need a transcript to work from.  If the
    17        plaintiffs have one, then I cannot see anything but sheer
              bloody mindedness they cannot send one around
    18        straightaway.
 
    19   MR. JUSTICE BELL:  It is a 50-50 thing.  If they have one
              available they might equally say they cannot see why you
    20        or someone who is prepared to do it for you should not
              collect the transcript.  I will hear Mr. Rampton in a
    21        moment.  In the meantime you have this marvellous
              machinery to throw up for you what has been said during
    22        the day.
 
    23   MR. MORRIS:  I do not find this machinery a substitute for a
              written transcript, because I find that I cannot work and
    24        I cannot refer to it in the normal way and make notes on
              it.  You may have seen today, I am working on paper.
    25        Although it is important to have it, it is an additional
              tool, I think, as I expressed before, I did not want it to 
    26        become a substitute for a written transcript.  So I think 
              it is only fair that if the plaintiffs have a transcript 
    27        at 5.30 or 5 o'clock, whatever, that it is delivered to
              the defendants within half an hour.  I do not see any
    28        problem really apart from, you know, the money that the
              plaintiffs have, but in the context of the case something
    29        as important as the transcript it is just ludicrous that
              we should be denied it that evening.  By the time we get
    30        it the next day it will already be history, because, as
              you can appreciate, we re completely overwhelmed with the

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