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
