Day 002 - 30 Jun 94 - Page 60
1 notice on "Jungle Burger", what you have to do is decide
which actual statements and by whom in the film you are
2 going to give a Civil Evidence Act notice in respect of.
For instance, the man in the white coveralls you gave me
3 the name for.
4 MR. MORRIS: Sergio Quintana.
5 MR. JUSTICE BELL: If you play that over from a certain number
on your video machine starting at a round figure, you will
6 be able to say what he says is between numbers this and
that. That is your start. What Mr. Rampton is then
7 expecting is transcripts of full conversations wherever
you have selected a Civil Evidence Act witness and the
8 bits which he said on the film. That is not just because
he may be able to take a technical objection if you do not
9 do that. It is because it is obvious that any independent
minded judge is likely to attach less weight to what is
10 obviously an extract of what is said, than he will to the
whole of what is apparently said, in case intentionally or
11 otherwise the extract is misleading and can be taken out
of context.
12
You will no doubt need something from Mr. Heller in
13 relation to that. If he is not in this country, if he is
in Germany or wherever, you will have to get him to send
14 it over and make sure he keeps a copy of it in case it
goes away in the post or anything like that. So you can
15 start thinking about it before Mr. Heller comes into the
United Kingdom. If you are unhappy about whether you have
16 fulfilled your obligations in that regard, you can raise
it again.
17
MISS STEEL: Could I just come back on a couple of the things
18 Mr. Rampton said on discovery, because I think that people
who are in court may have been given a misleading
19 picture? Not only have there been applications where we
have failed; there have also been quite a few applications
20 where we have succeeded. We do still contend that parts
of the document that have been blanked out by the
21 plaintiffs can clearly be seen to be relevant and ought to
be disclosed.
22
Finally, there have been a number of occasions where
23 Mr. Rampton has said he is not going to disclose documents
to provide us with ammunition for our case. That does
24 follow that those documents might tend to prove these
statements in the leaflet. That is all I wanted to say.
25
MR. MORRIS: Just to let you know that we did have a problem --
26 I already made the point about it yesterday about the
transcripts, I am sorry to bring it up again and burden
27 everybody with it. I now cannot get access to a
transcript until the morning, although I do have the disk
28 of this which I cannot do much with. Helen is very au
fait with the technology and was working on it all day
29 yesterday, but the material she came out with yesterday,
she could not work on it.
30
MISS STEEL: Some of it is fine, but yesterday there were quite
