Day 172 - 12 Oct 95 - Page 02


     
     1                                      Thursday, 12th October, 1995
     2
     3   MR. MORRIS:  Yes.  Thanks for the delay.  We had not met our
     4        witness before, so it was a good opportunity to speak.
     5
     6   MR. JUSTICE BELL: Very well.  When you come later in the day to
     7        reading witnesses -- in fact, I do not know whether we have
     8        done it in the past -- it would seem sensible to let the
     9        stenographer have a photocopy; and, since your clients are
    10        the beneficiaries of the transcript and Caseview at the
    11        moment, Mr. Rampton, I wonder whether it would be
    12        appropriate for Mrs. Brinley-Codd to organise photocopies?
    13        In fact, she knows which ones are going to be read today,
    14        and I -----
    15
    16   MR. RAMPTON:  Yes, my Lord.  The only problem is that in two of
    17        the cases, in accordance with your Lordship's bidding
    18        yesterday, I went through all the statements to look for
    19        those parts of the statements which, for one reason or
    20        another -- and hearsay is not, I am afraid, the only
    21        reason -- there is material in the statements which is
    22        inadmissible.  In the case of Mr. Magill and Mr. McGee,
    23        I am afraid to say that there is a very great deal of
    24        inadmissible material.
    25
    26   MR. JUSTICE BELL:  But that we can deal with that; and if I say
    27        that shall not be read, then before the copy is handed to
    28        the stenographer some kind of crossing out can be done.  If
    29        I say let us read it all for the time being and just sort
    30        that our later, then the stenographer can have the whole
    31        statement.
    32
    33   MR. MORRIS:  I was going to raise that.  If the stenographers
    34        want, they can borrow ours.
    35
    36   MR. JUSTICE BELL:  No.  Obviously, I cannot set work for
    37        Mrs. Brinley-Codd to do, but if Mr. Rampton is prepared to
    38        accept that is the sensible approach, then you need not
    39        bother about providing copies.
    40
    41   MR. MORRIS:  I do want to be sure that they do have exactly the
    42        same as what I am reading out.
    43
    44   MR. JUSTICE BELL: Unless you have been serving different copies,
    45        they are bound to have.
    46
    47   MR. MORRIS:  Just in case we have missed something out.  We may
    48        have served an extra -----
    49
    50   MR. JUSTICE BELL: What will go down on the page is what is 
    51        actually spoken in court.  But all it is is a mechanical 
    52        aid to help the stenographer because, instead of having to 
    53        listen to tapes, saying, "What was that word", if she has
    54        not got it all down, all she has to do is look at the typed
    55        page and there is the answer for her.
    56
    57   MR. MORRIS:  Yes.
    58
    59   MR. JUSTICE BELL:  It is what happens, for instance, in criminal
    60        proceedings where statements are read under section 9 of

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