Day 263 - 14 Jun 96 - Page 35


     
     1        the overall conduct of the meeting, the overall topic or
     2        topics of the meeting, is clear, without needing to know in
     3        the slightest bit, for example -- and I give this as an
     4        example -- that the Peace Brigade International gave a
     5        slide show about Sri Lanka.  It is quite clear from the
     6        proportion of the note itself where McDonald's and the
     7        Defendants fit in.
     8
     9   MR. JUSTICE BELL:  Yes.  Thank you.  Did you want to say
    10        something about -- was there anything else, Mr. Rampton?
    11
    12   MR. RAMPTON:  No, my Lord, I do not believe so.  I think I have
    13        written down everything that I needed to say.  Also,
    14        without saying anything about it at all, I draw
    15        your Lordship's attention to what is said in relation to
    16        the Highgate Traders case at page 177 of Style & Hollander.
    17
    18   MR. JUSTICE BELL:  Yes.  I read that.  Did you want to say
    19        something about the Nea Karteria case?
    20
    21   MR. MORRIS:  The only thing I was going to say is that it seems
    22        to me that it is very helpful to us, and that I would just
    23        ask that it be read carefully in full.  I noted at the very
    24        end, the bit Mr. Rampton did not read, it talks about
    25        material coming into -- if you look at the very last page,
    26        the second to last paragraph, it talked about documentary
    27        or oral material coming into existence beforehand.
    28        I thought that may be significant, because we are talking
    29        about material produced at the time based on the
    30        observations of the agents.
    31
    32        It just seems to me that whenever it talks about this
    33        throughout this case -- for example, in that same
    34        paragraph, the bit Mr. Rampton did not read out, the bottom
    35        sentence of the first column in that paragraph, "They did
    36        not form part of the body of events upon which I have to
    37        reach conclusions of fact"; and that seems to me to be a
    38        feature of this case, that it is clear anyway that the
    39        material that has been waived, privilege has been waived,
    40        and the material that Mr. Rampton says that has not been
    41        waived are part of the same body of material upon which the
    42        court has to reach conclusions of fact.  We are talking
    43        here about a massive waiver of privilege of a huge amount
    44        of documents that have already been signed.
    45
    46   MR. JUSTICE BELL:  I only wanted you to address me on
    47        Nea Karteria.
    48
    49   MR. MORRIS:  I hope it will be read carefully.
    50 
    51   MR. RAMPTON:  I am sure your Lordship will read it carefully. 
    52        I fully confess, it can be used for either argument. 
    53
    54        The only other thing I think I ought to tell your Lordship
    55        is this, because in the end a judge who is doing the trial
    56        like this -----
    57
    58   MR. JUSTICE BELL:  The basis is fairness.  I have got to
    59        consider that.
    60

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