Day 188 - 15 Nov 95 - Page 22


     
     1
     2   MR. MORRIS:  Shall I go through them, to say what I think?
     3
     4   MR. JUSTICE BELL:  No.  We will have the five minute break, and
     5        then you can do it then.  You are confident you have the
     6        brackets -----
     7
     8   MR. MORRIS:  Yes, no problem.
     9
    10   MR. JUSTICE BELL:  Very well.  Five minutes.
    11
    12                          (Short Adjournment)
    13
    14   MR. JUSTICE BELL:  Yes.
    15
    16   MR. MORRIS:  Now that the matter about the Hamburger University
    17        has been withdrawn by the Plaintiffs, we do not have any
    18        specific objections to the Plaintiffs' application on the
    19        hearsay question.  But we do say that if there is any
    20        challenge to the accuracy or any allegation of bias in the
    21        making of the film, then we would argue that the hearsay
    22        allegations become -- the hearsay points become relevant
    23        and admissible, because it gives a part of the complete
    24        picture of the perception by the film makers and the
    25        researcher.  So that is our position.  Also, in terms of
    26        what they left out or did not leave out in the film.  The
    27        film may be thought to be completely irrelevant, at the end
    28        of the day, but we have witnesses of fact here, anyway, so
    29        it does not matter.
    30
    31   MR. JUSTICE BELL:  I virtually said as much the other day when
    32        I gave a short ruling.  But let us leave that over for the
    33        moment, because that may be argument for the future.
    34
    35        That is helpful.  I am not going to make any comment about
    36        what you said about the possible secondary relevance of
    37        what was said at the moment; I am going to wait and see
    38        what happens.  But I do urge you just to take the course
    39        I invited you to take, which is to read through -- if you
    40        want to read it out rather than just have it taken as read,
    41        to read through the parts, save for the bits which we have
    42        all put in pencil brackets, and then, at the end, to ask
    43        Miss Tobin about the truth of that statement, which she has
    44        already told me she has compiled from her notes, and not to
    45        ask her for any further elaboration, unless you have some
    46        particular important point in mind anywhere along the
    47        line.
    48
    49        If I were you, I would give Miss Tobin credit for having
    50        put in what she thought was material, having reflected on 
    51        the notes she made at the time. 
    52 
    53   MR. MORRIS:  Yes.  But the notes are more detailed, in fact.
    54        (Pause)
    55
    56   MR. JUSTICE BELL:  What are you going to do, then?
    57
    58   MR. MORRIS:  If I can ask the question of the witness.
    59        I certainly will not read out the notes.
    60

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