Day 057 - 29 Nov 94 - Page 39
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2 MR. MORRIS: Partly because they are under an obligation to
3 disclose any relevant document in their possession as part
4 of their obligation in bringing a case of this kind which
5 they chose to bring. So, that is the first obligation.
6 Secondly, that in -----
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8 MR. JUSTICE BELL: Put in homely language, why should they do
9 the running around rather than you when it is you who wants
10 to rely on it?
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12 MR. MORRIS: Because they do not have to do any running around.
13 If they have the document in their possession, it is their
14 obligation, as far as we understand it, if this document is
15 relevant, to have their agents, servants or whatever
16 anywhere in the world to identify that document. They do
17 not have to go -----
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19 MR. JUSTICE BELL: Have you the telex there?
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21 MR. MORRIS: I am sorry, it was not disclosed and all parties
22 including ----
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24 MR. JUSTICE BELL: I know. You have to be able to show me it to
25 pursue your argument.
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27 MR. RAMPTON: I was not given a copy but it was shown to me at
28 the time and then it was whisked away again, I am afraid.
29 I do not know have copy.
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31 MR. MORRIS: It was served on the other party and a copy would
32 certainly have gone to the Judge, but I am at lost to
33 remember exactly .....
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35 MR. JUSTICE BELL: I do not want to you say what its contents
36 are. I just want to you find the telex, I think it was,
37 which you put to the witness and which I read some days ago
38 now.
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40 MR. MORRIS: "It was in that pack of 12 documents" I said on
41 page 47 at the bottom. "Do you remember, they were
42 numbered in the bottom right-hand corner?" They may have
43 been put behind Sue Dibb or behind Mr. Green.
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45 MR. JUSTICE BELL: Where are you getting that they were ----
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47 MR. MORRIS: On page 47, line 53. I think it was behind Sue
48 Dibb and I do not think we have that here in court.
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50 MR. JUSTICE BELL: I cannot find it unless you can show me a
51 copy. I hope I am doing my very best to help you, but
52 there is a limit to how much searching I should have to do
53 for you.
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55 MR. MORRIS: The court read the document. It was clearly a copy
56 of a telex report from Reuters specifically on that
57 subject. I do not see that it takes us much further
58 whether I have it physically in my hand or not; I am sure
59 I can get it tomorrow, if necessary. If it is dependent on
60 that, I will do so. It is our clear belief and right to
