Day 265 - 19 Jun 96 - Page 59


     
     1        A.   Page?
     2
     3   Q.   89.
     4
     5   MR. MORRIS:  The handwritten notes?
     6        A.   Signed L 113, whoever.
     7
     8   Q.   89?
     9        A.   Yes.
    10
    11   Q.   Can you just read those notes to yourself?  (Pause)  What
    12        page are you on now?
    13        A.   Page 2.
    14
    15   Q.   OK.
    16        A.   Right.
    17
    18   Q.   There is a lot there about Animal Aid, is there not?  The
    19        big section there seems to have been some kind of
    20        discussion about Animal Aid.  Do you remember that meeting?
    21        A.   If my notes say, yes; I do not specifically.
    22
    23   Q.   Do you remember now?
    24        A.  I don't remember now.
    25
    26   MR. JUSTICE BELL:  It is only right, in the light of the
    27        evidence he has given so far, it is only right he should be
    28        allowed to look at his notes and by all means then ask him
    29        if it is relevant if he remembers such and such a
    30        discussion.  For instance, something which might appear in
    31        Mr. Pocklington's notes.
    32
    33   MR. MORRIS:  OK, but you do not now recall that meeting?
    34        A.   No, I do not.
    35
    36   Q.   You do not recall me saying what it said in the first
    37        page?
    38
    39   MR. JUSTICE BELL:   I think what you should do quite frankly in
    40        fairness to you --
    41
    42   MR. MORRIS:  I do not know because as far as I can see notes are
    43        not evidence and I know it is not a criminal case, but in a
    44        criminal case it would not be allowed.
    45
    46   MR. JUSTICE BELL:  It certainly would.  If someone said, "I made
    47        a note a few minutes or an hour or so after the event.  The
    48        note I made was an accurate note as best that I could make
    49        it at the time, this is my note," then the contents of the
    50        notes go in as that person's evidence of what occurred.  He 
    51        does not have to read them all out and that is the evidence 
    52        of what happened from that witness, subject to any 
    53        modification he makes under cross-examination or otherwise,
    54        and he has averred his notes as an accurate account,
    55        allowing for the fallibilities of human memory, soon after
    56        the events which they purport to relate to.  It may more
    57        complicated or it may not be where it is a report, rather
    58        than notes, but in the case of Mr. Claire, we have
    59        photocopies of the notes which he said were made in his own
    60        hand in his car immediately after leaving the meeting, or

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