Day 187 - 13 Nov 95 - Page 37


     
     1        returned, did he?
     2
     3   MR. RAMPTON:  That may be so.  The fact is, we have not seen
     4        them; they were not disclosed when they should have been
     5        disclosed at the time.  Mr. Morris did not -----
     6
     7   MR. JUSTICE BELL:  But I did not say they were to be disclosed.
     8
     9   MR. RAMPTON:  No, my Lord.  I asked for them.  In the ordinary
    10        way, if the document is discoverable, it is discoverable
    11        without an order; and there we had -----
    12
    13   MR. JUSTICE BELL:  But, surely, all I said was I was minded to
    14        think they were discoverable, but before I went further on
    15        that, I thought it only right that Miss Gabriel and/or
    16        Channel 4 should be heard.
    17
    18        I mean, I am only saying this because it was clear from
    19        what you said on a previous occasion that you appeared to
    20        take exception to Mr. Morris returning them; and I am being
    21        perfectly open, that unless it is suggested that he
    22        returned them quickly without them being asked for in order
    23        to avoid them being discovered, once he was asked for them
    24        back, he had no good reason for holding on to them.
    25
    26   MR. RAMPTON:  He did, with respect.  What he should have done --
    27        and what I would have done in his position -- is to have
    28        said to Miss Gabriel: "A question has arisen over the
    29        relevance of these transcripts in the proceedings, and the
    30        judge has indicated they may be discoverable and the other
    31        side has asked for them on discovery.  I will not hand them
    32        over at the moment, but this question does have to be
    33        resolved by the court.  The judge has indicated that if you
    34        have anything to say to object to that, he will hear what
    35        you have to say, you or Channel 4, or both."  My Lord,
    36        before any of that was allowed to take place, the
    37        transcripts -- to put it neutrally -- disappeared out of
    38        Mr. Morris' possession, leaving us with the only option,
    39        which is to subpoena Jane Gabriel to bring the transcripts.
    40
    41   MR. JUSTICE BELL:  What has happened about that?
    42
    43   MR. RAMPTON:  What has happened about that is that we cannot
    44        find Jane Gabriel's address.  Plainly, Mr. Morris must have
    45        it, or he must have a contact number for her, because he
    46        has been able to return the transcripts to her.
    47
    48        I think it was on 30th October that Mrs. Brinley-Codd asked
    49        Mr. Morris in court, after your Lordship had risen, whether
    50        he would be good enough to approach Miss Gabriel, so that 
    51        she could give her address so we could subpoena her.  The 
    52        next communication we had is the one of today, I think it 
    53        is, from Mr. Morris, saying: "Well, it is none of our
    54        business.  You make the best you can.  We are going to call
    55        Miss Tobin" -- which is more or less what he has just
    56        said ---
    57
    58   MR. MORRIS:  I wrote on 11th November.
    59
    60   MR. RAMPTON: -- which is just what he said to your Lordship just

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