Day 311 - 06 Dec 96 - Page 04


     
     1        Mr. Rampton to make his case out, whatever.  But I wanted
     2        to point that out straightaway.
     3
     4        Can I just say something else, as well, which is that there
     5        are a lot of references in this latest document which we
     6        have just had to transcripts which we do not have, because
     7        they are transcripts we have not yet been able to buy, and
     8        some of them we will not get until after Christmas.  I do
     9        not know if the Plaintiffs want to rely on them or when we
    10        are going to be able to get them, because obviously we
    11        cannot check or anything.
    12
    13   MS. STEEL:   They are in the "malice" section at the back; there
    14        is a whole -- "the list of allegations made by the
    15        Defendants enclosing (malice)" -- and they all refer to
    16        transcripts which we have not yet got.
    17
    18   MR. JUSTICE BELL:  Well, I think the position, so far as that is
    19        concerned, is that if, when you eventually get the
    20        transcripts, you thought that there was something which was
    21        absolutely wrong -- not just something which is a matter of
    22        interpretation, because that is for me -- then you should
    23        write to Mr. Glen, for my attention, pointing this out, and
    24        I would take note of that.  Only if I thought there was
    25        something which required further argument would I ask you
    26        and those who represent the Plaintiffs to come back.
    27
    28   MR. RAMPTON:  Yes.  I do not have anything to say about that.
    29
    30   MR. JUSTICE BELL:  The same would apply either way.  The last
    31        thing in the world I want to do is encourage a snowstorm of
    32        letters commenting on references by one side or the other.
    33        But you are always at liberty to do that.
    34
    35   MR. RAMPTON:  My Lord, the only thing I would say about that --
    36        and I am sure it is implicit in what your Lordship has
    37        said -- is that if the Defendants communicate with
    38        your Lordship in that way (about which I make no comment at
    39        all) we should have a copy of it.
    40
    41   MR. JUSTICE BELL:  Send a copy to Mrs. Brinley-Codd of any
    42        communication with Mr. Glen.
    43
    44   MR. RAMPTON:  I will, if I may, just comment -- I want to say
    45        one or two more things on different topics before
    46        your Lordship's interrogation of me continues, but I
    47        just want to say something about what Mr. Morris first
    48        said.  He is of course quite wrong.  What he says in his
    49        witness statement or in answer to his interrogatories, if
    50        against interest, are admissible as being admissions 
    51        against interest; as, for example, the date when he first 
    52        joined London Greenpeace, or the number of meetings he 
    53        attended, or his presence at the 1989 anti-McDonald's fair.
    54
    55   MR. JUSTICE BELL:  If that is so, why is it not in
    56        Ms. Bensilum's statement?  The interrogatories are one
    57        thing, but what about a witness statement of someone who
    58        has not been called?  He is only a witness.
    59
    60   MR. RAMPTON:  No.  Mr. Morris is a party.

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