Day 172 - 12 Oct 95 - Page 42

     
     1   MR. JUSTICE BELL:  Thank you both.  I propose to give a ruling.
     2        I do not think the matter is sufficiently complicated to
     3        justify the delay involved in having it wordprocessed so
     4        Ms. Steel and Mr. Morris have it in writing.  I will take
     5        it steadily, and I will give it extempore now.
     6
     7   MR. RAMPTON:  So far as I am concerned, your Lordship does not
     8        have to give any reasons, but it may be your Lordship
     9        feels  -----
    10
    11   MR. JUSTICE BELL: I think I should, for the Defendants' benefit.
    12        What I suggest you do is, you can make a note of what I am
    13        about to say as best you can.  We will not finish too late
    14        this evening.  The last thing I am going to do this
    15        afternoon is hand down my ruling on the matters which were
    16        argued yesterday.  I suggest we finish not later than four
    17        o'clock.  If that means you have not read all your Civil
    18        Evidence Act witnesses, we will still have tomorrow as a
    19        preparation day and you can come back to them at some
    20        future stage, maybe next Wednesday or Thursday, if there is
         a time then.
    22
    23                  (See separate transcript for ruling)
    24
    25   MR. JUSTICE BELL:  Are there any queries about what is in and
    26        what is out?  I will rise at not later than four so that
    27        you can turn back to the beginning of my ruling and make a
    28        note, if you wish, of the reasons I gave for the approach
    29        which I have taken.  You do not have to, but just in case
    30        you want to make a note of it before Caseview is shut down
    31        this evening.
    32
    33   MS. STEEL:  I did make a note of the principles.
    34
    35   MR. JUSTICE BELL:  Yes, very well.  It is entirely up to you.  I
    36        will rise at four o'clock in case you want to do that.
    37
    38   MS. STEEL:   There was one thing I wanted to ask about future
    39        things because, obviously, we have not objected to hearsay
    40        before now, but just as an example because we were looking
         at this at lunch time Mr. Atkinson said in his statement
    42        about Paul Preston ----
    43
    44   MR. JUSTICE BELL:  Can you give me the reference?
    45
    46   MS. STEEL:   I do not know where it is.
    47
    48   MR. JUSTICE BELL:  Is it yellow X?
    49
    50   MS. STEEL:   Yes, I think it would be. 
    51 
    52   MR. RAMPTON:  It is 39 something, my Lord. 
    53
    54   MR. MORRIS:  A we have got.
    55
    56   MR. RAMPTON:  B actually.
    57
    58   MR. JUSTICE BELL:  39B.
    59
    60   MR. RAMPTON:  I think so.