Day 162 - 25 Jul 95 - Page 19
1 as a witness and Miss Anteneh has already attended and
2 given evidence.
3
4 That, in any event, I would ask, because of the complex
5 situation regarding copyright and agreements and whatever,
6 which is not of my making at all because we wanted to
7 disclose them and I said that I would, but I further had a
8 letter from Jane Gabriel, which I can show the court if
9 necessary; it says:
10
11 "Following our phone conversations on the 19th
12 July I write to confirm you do not have any
13 permission to use the transcripts for any other
14 purpose than that agreed by contract".
15
16 Then she refers to the contract which we signed that no
17 copies may be made, and she specified on the phone to me
18 that I was not to give a copy to McDonald's. I do not know
19 what the complex legal situation is between her and Channel
20 4 and between Channel 4 and McDonald's, but I personally
21 want to respect her wishes and I have signed this statement
22 to that effect, and I do not want to be put in an
23 embarrassing situation or to put her in an embarrassing
24 situation which may lead to problems for her.
25
26 So, bearing in mind that I have not referred to or relied
27 on in any sense the transcripts, then I would argue that in
28 any event they are not necessary for the -----
29
30 MR. JUSTICE BELL: Who is going to be called who was on or
31 involved in the film?
32
33 MR. MORRIS: Anne Tobin.
34
35 MR. JUSTICE BELL: I was going to say, apart from Anne Tobin
36 there is no one, is there?
37
38 MR. MORRIS: No. I mean, if it was necessary we could call Jane
39 Gabriel.
40
41 MR. JUSTICE BELL: No. You see, I will say how it occurs to me
42 at the moment and hear Mr. Rampton, obviously, so he can
43 contemplate it. At the moment I am minded to think that
44 they are relevant and that, if they are discoverable
45 documents for the purpose of the trial, copyright does not
46 come into it. There is no actual embarrassment to you if
47 I actually order you to produce them because then you have
48 no option to produce them, whatever agreement you may have
49 made.
50
51 On the other hand, I obviously want to hear some proper
52 argument about it and it is a situation where I might well
53 say that if either Miss Gabriel or Channel 4 feel that they
54 have a real interest in the matter I would hear anything
55 which they wanted to say as part of the argument on the
56 subject. In other words, although they are not parties
57 they could be represented, or Miss Gabriel could come and
58 say herself if she wished. Channel 4 would have to be
59 represented by counsel because it is a company; Miss
60 Gabriel could be represented if she chose. But I obviously
