Day 187 - 13 Nov 95 - Page 38


     
     1        now.  Wherever the fault lies or does not lie -- and it
     2        certainly does not lie with us -- the fact is that we do
     3        not have, and should have if we can possibly get it -- what
     4        he actually wrote was: "Your efforts to subpoena
     5        Jane Gabriel (when we have no contact...."
     6
     7   MR. MORRIS:  "Whom we have".
     8
     9   MR. RAMPTON:  "....whom we have no contact with any longer) are
    10        no concern of ours."
    11
    12        My Lord, Mr. Morris speaks often enough of what he calls
    13        cooperation.  I have taken leave in the past to doubt the
    14        sincerity of that sentiment.  But if ever there was doubt
    15        to be cast on it, it is this.  The real problem is a
    16        practical one.  Anne Tobin was the researcher for that
    17        film.  I retain effectively -- and it may now even be
    18        fortified -- my suspicions about what those transcripts
    19        will show, if we are shown them.  One possibility is for
    20        Miss Tobin to be called and to come back, if and when we
    21        have the transcripts; the other much more satisfactory
    22        course of action is for Mr. Morris to divulge the
    23        information that he has, or ask Miss Gabriel to do so, so
    24        that we can serve a subpoena on her; when we have the
    25        transcripts -- and this is your Lordship's original
    26        thinking -- then we should have an opportunity to look at
    27        them, obviously, before Miss Tobin comes to give evidence.
    28
    29   MR. JUSTICE BELL:  Do you have Miss Gabriel's address?
    30
    31   MR. MORRIS:  I have details -- I contacted her, and I have
    32        always done everything which I have said I would do.  It is
    33        clear from my intention from the beginning that I would
    34        have welcomed disclosing the documents but, under
    35        instructions from the person who gave me the material (who
    36        was under no obligation to provide that material or to
    37        leave it in my possession), she demanded them back.  She
    38        does not want any contact with me whatsoever.  I passed on,
    39        dutifully, the request that McDonald's had made, and she
    40        said:  "It is nothing to do with me."
    41
    42   MR. JUSTICE BELL:  Do you have an address for her?
    43
    44   MR. MORRIS:  I have an address, yes.
    45
    46   MR. JUSTICE BELL:  Why not pass that to -----
    47
    48   MR. MORRIS:  Because I have been asked not to by her.
    49
    50   MR. JUSTICE BELL:  That does not matter.  She cannot bind you to 
    51        do that.  It may be one thing to say: "Those transcripts 
    52        are my property, give back to me", but there is no property 
    53        in an address.
    54
    55   MR. MORRIS:  I have been told by her not to give out any
    56        details.  So it is not my -----
    57
    58   MR. JUSTICE BELL:  Well, it is.  I mean, I cannot order you to
    59        divulge the address.
    60

Prev Next Index