Day 041 - 28 Oct 94 - Page 22

     
     1   MR. JUSTICE BELL:  If she is short she must have it beforehand.
     2        Let us leave it there for the moment.  Have a discussion
     3        when we break at one o'clock and we can come back to it
     4        this afternoon.
     5
     6   MS. STEEL:  There is a point I want to make.  According to the
     7        trial bundles, the only documents listed -- the only videos
     8        listed are a sample of children's advertising in the US and
     9        a sample of children's advertising in the UK.  There is
    10        nothing about adults listed there.  I am certain we have
    11        not had any adult television.
    12
    13   MR. JUSTICE BELL:  Take it up with Mrs. Brinley-Codd or Mr. Hill
    14        over the break.
    15
    16   MR. MORRIS:  Can I just say, I think it would be good if all the
    17        tapes are shown, whether it is suitable to do it now or
    18        this afternoon or whenever you feel best.  But I think it
    19        is important to show all the tapes.
    20
    MR. JUSTICE BELL:  There are two ways of doing that.  You,
    22        Mr. Rampton -- I am not talking about the American ones at
    23        this stage -- if the Defendants want to play anything which
    24        has been broadcast in America so that they can ask
    25        Mr. Hawkes about it, then there we are.  If they are
    26        content that they can take it up with Mr. Green and not
    27        both with Mr. Hawkes and Mr. Green, so much the better; or,
    28        when we come to cross-examination, they can obviously ask
    29        that anything be shown which you have chosen not to show on
    30        the basis that you want to found some cross-examination on
    31        it.  If it is not shown in either of those contexts, but
    32        you want me to see them so that you can make some comment,
    33        then I will see them.  If you wish, I will watch them in
    34        open court rather than just take them home and play them on
    35        my own machine.
    36
    37        So, that is the choice.  Mr. Rampton can introduce them
    38        in-chief, you can introduce them in cross-examination or
    39        they can be played as a platform for comment in due course
    40        without asking the witness about them.  Whichever course is
         taken, they can also be shown again at the end of the case
    42        if you want to make some comment then which depends upon me
    43        seeing them again.
    44
    45   MR. MORRIS:  I want to make one further point, which is that we
    46        would request two copies, one per defendant, of any
    47        relevant documents in the case, including videos.  Although
    48        I do not have a video machine, I can go to a neighbour and
    49        watch it there.  Also it means we have a spare copy to lend
    50        to our witnesses so we still have a copy we can look at. 
    51 
    52   MR. JUSTICE BELL:  What is the position in relation to that, 
    53        Mr. Rampton?  I think we should find out how much it costs
    54        to do these.  I would not be surprised if there is not a
    55        machine -- I do not have one myself -- where you just put a
    56        tape in and a blank and it automatically transfers one to
    57        the other.  Of course, they are not normally for sale
    58        because they are an invitation to breach of copyright, but
    59        we do not have that problem here.
    60