Day 112 - 31 Mar 95 - Page 13
1 correct record. As they stand, surely, they are
2 inadmissible and they should not be being quoted by
3 Mr. Rampton like this?
4
5 MR. JUSTICE BELL: That is certainly not the same as the Preston
6 document because, on the face of these, they purport to be
7 contemporaneous records. You may address me at the end of
8 the day and say that is not established, but no-one was
9 suggesting that the Preston document was a contemporaneous
10 record made as, for instance, things were recorded or
11 anything of that kind.
12
13 But you reserve your argument in relation to this. If you
14 are saying that you do not accept that these are proper
15 photocopies, then we will have to see the originals, but if
16 you are not taking that point, on the face of them -----
17
18 MS. STEEL: That is not my point. My point is, how are they
19 admissible when there is not the evidence of the maker that
20 they made them? We have no evidence at all about whether
21 these were created at the time, who created them, or
22 anything.
23
24 MR. JUSTICE BELL: Yes. You take that point at the end of the
25 day. I will have to look at them and ask myself whether,
26 on balance of probabilities, I think they were. I am not
27 going to give any indication of what decision I might come
28 to on them.
29
30 MS. STEEL: Why is there some difference between a document
31 created at the time and something created afterwards, or
32 the assumptions that it was, if it was created at the time,
33 which we do not accept but -----
34
35 MR. JUSTICE BELL: I am going to let it continue at the moment.
36 You make that argument in due course. I may decide that if
37 no-one is called from Jarrett to establish these, I am
38 going to totally disregard them. I do not know, I will
39 hear argument on it in due course. It is not the same as
40 the PHLS report at all. On the face of them, they appear
41 to be, and I will just have to use my judgment about it.
42
43 MS. STEEL: I really ---
44
45 MR. JUSTICE BELL: That is all I am going to say at the moment.
46
47 MS. STEEL: -- do not understand.
48
49 MR. JUSTICE BELL: It is too bad, Ms. Steel; you must sit down
50 and let the questioning continue.
51
52 MS. STEEL: Can this be treated as a formal objection to these
53 being referred to in open court?
54
55 MR. JUSTICE BELL: It is over-ruled.
56
57 MR. RAMPTON: Again, Ms. Hovi, if these records are right, the
58 probability is that what you are telling us must be wrong,
59 is it not?
60 A. If these documents are right, yes.
