Day 249 - 14 May 96 - Page 05


     
     1        told.  The reason it is there is this:  the Defendants
     2        raised a new case, we would say a completely spurious case,
     3        about what the inquiry agents were told to do when they
     4        infiltrated the group.
     5
     6        All of this part in 7, and I must start at the beginning,
     7        in 7A.  He says, he told them that "they should maintain
     8        the operation for as long as necessary to obtain the
     9        information we needed".  Then he explains why, and it is an
    10        explanation of the reasons for the instructions which he
    11        gave that the whole of 7 is relevant, including (ii) on
    12        page 4.
    13
    14   MR. JUSTICE BELL:  I think the objection is, "I would understand
    15        that if what it had said was that earlier in 1989 'I had
    16        been informed that'", because then it is admissible, or
    17        arguably admissible, not as evidence of the truth of it as
    18        it would appear to be at the moment, but of evidence that
    19        he had been given that information and that was one of the
    20        considerations he had in mind, motivation for instructing
    21        the inquiry agents being an issue in this case.
    22
    23   MR. RAMPTON:  My Lord, of course, I accept that.  It is not very
    24        well worded, and that is exactly what it means.  Could
    25        I ask your Lordship simply to insert that?
    26
    27   MR. JUSTICE BELL:  I will give my ruling and then we can decide
    28        what goes in.
    29
    30   MR. RAMPTON:  If that be right and, of course, I accept it is
    31        right, then those words should go in after 'earlier in
    32        1989'.
    33
    34   MR. JUSTICE BELL:  Rather than alter the statement, if that were
    35        my ruling, I would leave it out and leave you in chief to
    36        adduce that in the proper form.
    37
    38   MR. RAMPTON:  In that case I will do it that way if your
    39        Lordship should be in favour of his being allowed to give
    40        his reasons for the instructions that he gave.
    41
    42   MR. JUSTICE BELL:  What do you want to say?
    43
    44   MS. STEEL:   Just on that last point, that Mr. Rampton said that
    45        paragraph (ii) was because we raised the case about -- a
    46        new case -- what the inquiry agents' instructions were.
    47        Basically, I do not see what that has got to do with what
    48        their instructions were.  So, I think it is completely
    49        irrelevant.
    50 
    51        The part about paragraph 9 in the name Webster, Mr. Rampton 
    52        ---- 
    53
    54   MR. JUSTICE BELL:  You need not worry about that, I am going to
    55        excise that.
    56
    57   MS. STEEL:   If I just say, he said I made a great fuss about
    58        what it was doing in the writ.  The reason for that was
    59        because they had refused to give particulars of it when
    60        asked.  The other point, which I think is the most

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