Day 305 - 25 Nov 96 - Page 43


     
     1        agreed or that they would be useful in cross-examination,
     2        just fade completely out of the picture because they do not
     3        fall into any such category.
     4
     5   MS. STEEL:   OK.  I mean, certainly, we say that was the
     6        majority of documents in those bundles.
     7
     8   MR. JUSTICE BELL:  I have made a note of that point.
     9        Mr. Rampton, one thing which would help me when you do come
    10        to make your submissions on publication is to help me,
    11        whether by schedule or any other way, where your witnesses
    12        have spoken of this kind of leaflet or that kind of leaflet
    13        being available or handed out, just where I find it and
    14        what class it came into -- if you see what I mean --
    15        bearing in mind something which was said this morning.  A
    16        fair bit of work on that score I have done for myself, and
    17        I can find it by looking behind bundles and seeing to which
    18        documents there was a reference in a statement which was
    19        averred.  In some cases, a document was put to a witness in
    20        the witness box and he said, yes, he could not necessarily
    21        say it was that one, but it was one of that kind.
    22
    23   MR. RAMPTON:  Yes.
    24
    25   MR. JUSTICE BELL:  Query whether that makes any difference in
    26        the case of the leaflet complained of, because however it
    27        might have made a difference with an A5 leaflet, if that
    28        had been the leaflet sued on ---
    29
    30   MR. RAMPTON:  That is certainly our position.
    31
    32   MR. JUSTICE BELL:  -- as far as I recall, it has never been
    33        suggested on either side that the leaflet complained of has
    34        taken any variable form except, perhaps, a minor alteration
    35        to how often the meetings took place on the very bottom of
    36        the back page ---
    37
    38   MR. RAMPTON:  That is irrelevant, because it is not part -----
    39
    40   MR. JUSTICE BELL: -- which may have changed, but makes no
    41        difference to the words complained of.
    42
    43   MR. RAMPTON:  That is right.
    44
    45   MR. JUSTICE BELL: But what I would welcome some assistance on is
    46        the extent to which what was produced then was said to be
    47        the actual leaflet was found, or a leaflet in that form,
    48        and whether there is any complication in this case with
    49        regard to secondary evidence of the contents of any
    50        leaflet. 
    51 
    52   MR. RAMPTON:  I do not think that problem is going to arise. 
    53
    54   MR. JUSTICE BELL:  I am not asking you to do it now, but I would
    55        like to hear what you have to say.
    56
    57   MR. RAMPTON:  My structure is in two parts:  there is the
    58        general or inferential case, and then there is the
    59        particular occasion -- which may matter, actually, in the
    60        end, not as much.  But that would be a matter for

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