Day 259 - 10 Jun 96 - Page 08

     
     1        fallen foul of this on many occasions; because a witness
     2        says he has seen a document, it is assumed that it exists;
     3        and it is not necessary.
     4
     5   MS. STEEL:   They do.  Mrs. Brinley-Codd has just picked them
     6        out of the box.
     7
     8   MR. JUSTICE BELL:  Very well.  That is what Mr. Rampton says
     9        they are.  You put it to Mr. Nicholson.  If he says no,
    10        then -----
    11
    12   MS. STEEL:   (To the witness)  If you get pink 2 out, please.
    13        A.  Yes.  (Pause)
    14
    15   MR. JUSTICE BELL:  Do ask the witness a question.  Forget the
    16        other side of the court for a moment, and we will see where
    17        we get with the evidence.
    18
    19   MS. STEEL:   If you turn to tab 4, are these the photographs you
    20        were referring to?
         A.  I only saw them once, just -----
    22
    23   Q.   Can you see a photograph of Mr. Morris in there?
    24        A.  Let me finish going through.  No.
    25
    26   MR. RAMPTON:  My Lord, I do not want to waste any time on this.
    27        It is a nonsense.  There is a picture here, which I am told
    28        was in October 1993, which looks like a version of
    29        Mr. Morris; and there are also is pictures of the 1989
    30        demonstration.  I am told they were all disclosed in
    31        October 1993.  There is Mr. Morris standing in a doorway
    32        with his a piece of paper in his hand, if I am not very
    33        much mistaken.
    34
    35   MS. STEEL:  Can these be handed up to the witness, please?
    36
    37   MR. JUSTICE BELL:  Yes.  (Handed)
    38
    39   THE WITNESS:   Yes.  Well, they are obviously of one of the
    40        demonstrations outside of head office.  As I said, I only
         saw that one fairly recently.  I do not know where it came
    42        from.
    43
    44   MS. STEEL:  Those are the ones that you were referring to?
    45        A.  Yes.
    46
    47   Q.   If we could make a note for future reference that those
    48        photographs of the 1989 picket, some of them are ones that
    49        have not been previously disclosed.  Obviously, they are
    50        relevant because they are of the picket. 
    51 
    52   MR. JUSTICE BELL:  You say that.  Mr. Rampton says his 
    53        instructions are that they were disclosed.  If I hear
    54        evidence about it, I will decide.
    55
    56   MR. MORRIS:  Can I have a look, please?
    57
    58   MS. STEEL:   The point is, they are not in the bundles.
    59
    60   MR. JUSTICE BELL:  No.  I am not assuming that everything