Day 122 - 05 May 95 - Page 06
1
2 So, is your concern that it may be happening in other
3 places where you may be at a disadvantage without knowing
4 it? Is that the real gist?
5
6 MS. STEEL: That is the main concern which was the same concern
7 that we brought up in September. Mr. Rampton actually
8 reassured the court that checks would be made to see that
9 that had not happened in any other cases. But also
10 yesterday I had a note that Mr. Siamak Alimi had made a
11 comment on something that was in Mr. Nicholson's
12 statement. I was going to ask Mr. Nicholson about it.
13 Then when I looked at the statement I thought: "There is
14 no paragraph 61 here; he must be talking about some other
15 witness and has got the name wrong".
16
17 I basically left it and I was not going to ask him
18 yesterday. It was only that something in my mind started
19 me off thinking about it again last night that made me
20 decide to check. So, I do actually think it is quite
21 important.
22
23 MR. JUSTICE BELL: Thank you. What has been happening,
24 Mr. Rampton?
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26 MR. RAMPTON: Nothing has been happening. Obviously, what has
27 happened, there is no process or system in this. I do
28 observe first (and then I will leave it) that it is
29 astonishing this is only raised now, given that both sets
30 of statements were served.
31
32 MR. JUSTICE BELL: I have to say you have said that several
33 times before.
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35 MR. RAMPTON: I know.
36
37 MR. JUSTICE BELL: I do not share your astonishment. The number
38 of times when working up briefs, I have worked on the
39 disclosed statements of the other side, noted them and then
40 just substituted in the bundles when they came, often on a
41 Friday evening before a start on the Monday, taken out the
42 ones which were in the bundle and put in my originals.
43 I would have been horrified if I had found that what the
44 Judge had in his bundle was not the same statement as the
45 one which I had been working on from the beginning.
46
47 MR. RAMPTON: No, my Lord, that point I take. I do not know it
48 happened. I am told by Mrs. Brinley-Codd -----
49
50 MR. JUSTICE BELL: I mean, that is the point I am concerned
51 with. I am not concerned at the moment on whether
52 Ms. Steel or Mr. Morris have suffered in any way -- I would
53 be if I thought they had suffered; I think they probably
54 have not although they may feel that they have. But I am
55 concerned that the statements which have gone into the
56 bundles and, for all I know, in other cases as well, may
57 not be the ones which have been served on them.
58
59 MR. RAMPTON: My Lord, not so far as I know. I can well imagine
60 that if there was a statement in the bundle -- of course,