Day 122 - 05 May 95 - Page 08
1 that the trial bundle statement was the same as the one
2 which had been served on them, which your Lordship would
3 say they were entitled to, and it was not so, then for the
4 better order of things they should have been noted.
5
6 MR. JUSTICE BELL: Yes, I say that, as I have already said,
7 because that is an assumption I would have made myself.
8
9 MR. RAMPTON: Yes, I understand that and I accept it. What I am
10 not willing to accept is any kind of general criticism of
11 the way in which Mrs. Brinley-Codd and her helpers have
12 conducted this case; still less am I willing to accept any
13 implied criticism of their intentions. But I will speak to
14 Mrs. Brinley-Codd over the adjournment and come back to it
15 at the end of the day or at 2 o'clock..
16
17 MR. JUSTICE BELL: I would be grateful if you would do that and,
18 in the fullness of time, I would like you to find out
19 whether, in fact, there may be other statements which are
20 in a different form ---
21
22 MR. RAMPTON: Of course I will.
23
24 MR. JUSTICE BELL: -- out of what may be an excess of caution,
25 even if your instructions are: "Well, we put another one
26 in in the case of Mr. So-and-so, but we have told Ms. Steel
27 and Mr. Morris that we have done so", I would like them
28 listed again so that -----
29
30 MR. RAMPTON: My Lord, if that has ever happened, I do not know.
31
32 MR. JUSTICE BELL: Yes, if it has happened, even if they have
33 been told, I would like them listed again so there can be
34 no doubt for the future.
35
36 MR. RAMPTON: Certainly. My Lord, the only way I can be 100 per
37 cent certain that it has not happened is, of course, by
38 checking the statements that the Defendants have, which I
39 cannot do.
40
41 MR. JUSTICE BELL: That may not be necessary because, if it has
42 happened at all, Mrs. Brinley-Codd or Mr. Hill, or whoever
43 has been assisting them, may be aware they have been
44 changed. It is obvious that in one respect, at least,
45 Mr. Nicholson's statement was changed for a purpose ---
46
47 MR. RAMPTON: Yes.
48
49 MR. JUSTICE BELL: -- i.e., it was thought someone else could
50 more appropriately deal with it.
51
52 Thank you. It seems to me, on what you have said, that we
53 will wait and see what comes of that, but are you hindered
54 in any way in pursuing your further cross-examination?
55
56 MS. STEEL: Not at the moment. There is something I would like
57 to ask Mr. Nicholson about.
58
59 MR. JUSTICE BELL: Yes. Are you ready to carry on with your
60 cross-examination of Mr. Nicholson now?
