Day 162 - 25 Jul 95 - Page 19


     
     1        as a witness and Miss Anteneh has already attended and
     2        given evidence.
     3
     4        That, in any event, I would ask, because of the complex
     5        situation regarding copyright and agreements and whatever,
     6        which is not of my making at all because we wanted to
     7        disclose them and I said that I would, but I further had a
     8        letter from Jane Gabriel, which I can show the court if
     9        necessary; it says:
    10
    11             "Following our phone conversations on the 19th
    12             July I write to confirm you do not have any
    13             permission to use the transcripts for any other
    14             purpose than that agreed by contract".
    15
    16        Then she refers to the contract which we signed that no
    17        copies may be made, and she specified on the phone to me
    18        that I was not to give a copy to McDonald's.  I do not know
    19        what the complex legal situation is between her and Channel
    20        4 and between Channel 4 and McDonald's, but I personally
    21        want to respect her wishes and I have signed this statement
    22        to that effect, and I do not want to be put in an
    23        embarrassing situation or to put her in an embarrassing
    24        situation which may lead to problems for her.
    25
    26        So, bearing in mind that I have not referred to or relied
    27        on in any sense the transcripts, then I would argue that in
    28        any event they are not necessary for the -----
    29
    30   MR. JUSTICE BELL:  Who is going to be called who was on or
    31        involved in the film?
    32
    33   MR. MORRIS:  Anne Tobin.
    34
    35   MR. JUSTICE BELL:  I was going to say, apart from Anne Tobin
    36        there is no one, is there?
    37
    38   MR. MORRIS:  No.  I mean, if it was necessary we could call Jane
    39        Gabriel.
    40
    41   MR. JUSTICE BELL:  No.  You see, I will say how it occurs to me
    42        at the moment and hear Mr. Rampton, obviously, so he can
    43        contemplate it.  At the moment I am minded to think that
    44        they are relevant and that, if they are discoverable
    45        documents for the purpose of the trial, copyright does not
    46        come into it.  There is no actual embarrassment to you if
    47        I actually order you to produce them because then you have
    48        no option to produce them, whatever agreement you may have
    49        made.
    50 
    51        On the other hand, I obviously want to hear some proper 
    52        argument about it and it is a situation where I might well 
    53        say that if either Miss Gabriel or Channel 4 feel that they
    54        have a real interest in the matter I would hear anything
    55        which they wanted to say as part of the argument on the
    56        subject.  In other words, although they are not parties
    57        they could be represented, or Miss Gabriel could come and
    58        say herself if she wished.  Channel 4 would have to be
    59        represented by counsel because it is a company; Miss
    60        Gabriel could be represented if she chose.  But I obviously

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