Day 265 - 19 Jun 96 - Page 57


     
     1        hair and black framed spectacles.
     2
     3   Q.   That is what is said in your notes?
     4        A.  Yes, and that is what I recall.
     5
     6   Q.   And you have refreshed your memory from those notes?
     7        A.  Well, no, I would have remembered you without my notes,
     8        sir.
     9
    10   Q.   So from all the people that you saw over all that period of
    11        time you remember what I looked like?
    12        A.   And others.
    13
    14   Q.   Do you remember what Ben looked like, who was at a meeting
    15        on the 12th April '90 according to you?
    16        A.   No, I don't.
    17
    18   Q.   Or Jeff, who was also at that meeting?
    19        A.   No, I do not.
    20
    21   Q.   Do you remember what Charlie looked like, who was at a
    22        meeting on the 9th August?
    23        A.   No, I don't recall.
    24
    25   MR. JUSTICE BELL:   Where are we going on this?  We have got a
    26        witness who is speaking about events which happened six
    27        years ago, who says that anything positive basically he has
    28        got to rely upon the notes which he says he made shortly
    29        afterwards, and included what he could recall which was
    30        pertinent.  It does not help me one way or another about
    31        the reliability of his evidence whether he has got an
    32        impression now of this or an impression now of that without
    33        using his notes.
    34
    35             If you have got a challenges that his notes are
    36        dishonestly made or perpetrated then put to it him and I
    37        will take it into account in considering reliance on his
    38        evidence, but at the moment the witness has said that which
    39        I would expect, that he has to rely upon his notes which he
    40        says were made shortly after the events in question.  You
    41        could go through a thousand things and ask him.  Do you
    42        remember this now?  And he might say "yes" to some and "no"
    43        to others, and it is just not advancing my ability to judge
    44        the credibility of his evidence, which is what I understand
    45        you are meaning to attack in certain respects.
    46
    47   MR. MORRIS:  Very well.  All right.  A general question.  Apart
    48        from what is in your notes, do you have any other
    49        recollections at all of events at that time?
    50        A.   Other than what is in my notes. 
    51 
    52   Q.   Pardon? 
    53        A.   Other than what is in my notes or I may recall.  If
    54        you are asking me a specific question I will attempt to
    55        remember, but I will have to refer to my notes.
    56
    57   Q.   Right.  So apart from your notes there is not any other
    58        specific events?
    59
    60   MR. JUSTICE BELL:  I have to say I think that is hopeless

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