Day 162 - 25 Jul 95 - Page 21
1 MR. JUSTICE BELL: Listen, it does not matter. We cannot argue
2 it now before I make a decision. My present feeling is
3 that I should give an opportunity to Miss Gabriel and
4 Channel 4, if they are the least bit interested, in fact,
5 to have something to say about it, and my suggestion is
6 that someone -- and it could perfectly well, if they were
7 prepared to do it, be Barlows or yourself -- convey to Miss
8 Gabriel and Channel 4 what has been said this morning on
9 the topic, particularly by me, so it can be found out if,
10 at the end of the day, they would want to say anything. If
11 there has to be an argument on this, time must be made for
12 it in that first week and Miss Tobin's place in the
13 schedule will have to allow for the Plaintiffs to have time
14 to consider the transcript if, in fact, having heard
15 argument, I order their discovery. I am not cutting your
16 argument short, but I do not think it really helps to have
17 any more argument today because that is the procedure which
18 has to be followed.
19
20 MS. STEEL: Except that if there is nothing in dispute, then it
21 short cuts the need -- there is no need for any argument at
22 the beginning of, at the end of September, and, as far as
23 I can tell, the only part which the Plaintiffs have
24 disputed is that they think that certain sections were
25 speeded up, which you would not be able to tell from the
26 transcript anyway.
27
28 MR. JUSTICE BELL: I am not sure it matters whether it is in
29 dispute at the moment, because the Plaintiffs may be
30 entitled to say, "We do not know whether it is in dispute
31 until we hear everything that that person may have said to
32 the camera". One thing, it seems to me, which is in
33 dispute is Michael Metcalfe's hours and there may well be
34 other matters as well.
35
36 MS. STEEL: I do not think that was on the camera though. I
37 think that was something that Miss Tobin raised.
38
39 MR. JUSTICE BELL: Yes, indeed she did; but then we might see if
40 Michael, for all I know (and I have not even seen the
41 transcripts), Michael Metcalfe may be recorded as saying
42 something like that, and the actual bit of film of him
43 saying it is not shown but the voice over has delivered
44 it.
45
46 One does not know that that is so, but that is the kind of
47 possibility which may arise. But I am not going to say
48 here and now that it is not discoverable. If I am not
49 going to say here and now that it is not discoverable it
50 has to be properly argued, and, as I have already said, I
51 think Miss Gabriel or Channel 4 have to be given an
52 opportunity to be heard if they want to be heard.
53
54 MR. MORRIS: I am not bothered about disclosing it at all, but I
55 am bothered about being put in a situation where I cause
56 embarrassment for Jane Gabriel and/or Channel 4 and -----
57
58 MR. JUSTICE BELL: Look, I cannot -----
59
60 MR. MORRIS: That is all I am saying.
