Day 165 - 27 Sep 95 - Page 28


     
     1        removed from the court files as consideration of evidence
     2        or potential evidence.
     3
     4        It is a communication.  I have not got a copy with me -- it
     5        is clearly a communication between us and a potential
     6        witness identifying the pleadings that we would like him to
     7        comment on.  I do not have it in front of me so I cannot
     8        refer to it, but if the Plaintiffs can give me a reference
     9        number?
    10
    11   MR. RAMPTON:  Mr. Atkinson says he thinks it is No. 6 in the
    12        appendix to the Defence to Counterclaim, he thinks.
    13
    14   MR. JUSTICE BELL:  Not in the appendices for the Further and
    15        Better Particulars of the Defence to Counterclaim?
    16
    17   MR. ATKINSON:  My Lord, it is in the appendix No. 2 to the
    18        original Defence to Counterclaim.  Obviously, it is also in
    19        the appendix to the Further and Better Particulars.
    20
    21   MR. JUSTICE BELL:  Since I have found that bundle, can you take
    22        me to it there?
    23
    24   MR. ATKINSON:  Yes.
    25
    26   MR. JUSTICE BELL:  I think it is page 275, is it?  It is about
    27        six sheets in.  It has 275 at the bottom in appendix 1 to
    28        the Further and Better Particulars of the Defence to
    29        Counterclaim.
    30
    31   MR. ATKINSON:   That is it.
    32
    33   MR. JUSTICE BELL:  Not much harm has come of it so far because
    34        I cannot read the writing anyway.  Is that the one,
    35        Mr. Morris?
    36
    37   MR. MORRIS:  Sorry, where are we looking at now?
    38
    39   MR. JUSTICE BELL:  It looks like that.
    40
    41   MR. MORRIS:  Yes, that is the one.  It is a letter.  The person
    42        has been blanked out, presumably, by the Plaintiffs.  That
    43        was Alexandra Banier who was in the film "Jungle Burger".
    44
    45   MR. RAMPTON:  It was not blanked out by the Plaintiffs.  There
    46        is absolutely no reason for Mr. Morris to say that it was,
    47        given that I have explained the provenance of this document
    48        so far as we are concerned.  I had assumed that the
    49        blanking out was done by somebody else entirely, I know not
    50        who.  I do not know who wrote the letter which is written 
    51        here.  It is not signed.  The heading is "London 
    52        Greenpeace".  The penultimate paragraph says:  "We, London 
    53        Greenpeace, believe in this, that and the other".
    54
    55   MR. MORRIS:  Actually, it may not been to Alexandra Banier, to
    56        be honest, because I do not really know, but I had assumed
    57        it was if it is Costa Rica.  But, in any event, it is a
    58        letter to a potential witness and that is quite clear ---
    59
    60   MR. JUSTICE BELL:  I do not know, you see.

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