Day 147 - 04 Jul 95 - Page 02

     
     1                                           Tuesday, 4th July, 1995
     2
     3                            (IN CHAMBERS)
     4
     5   MS. STEEL:  Thank you for the brief adjournment.  The first
     6        application that we want to make today concerns -- well, we
     7        want these matters to be heard in open court.  When this
     8        was brought up last week, it was without notice, and we did
     9        not have any time to get legal advice or look up any law in
    10        this area.
    11
    12        Once proceedings have begun (as this trial began last
    13        year), they are usually heard in open court, apart from in
    14        exceptional circumstances which are set down in writing;
    15        and there are no general exceptions.  In the White Book,
    16        Order 32 sets out exceptions; that is in relation to
    17        pretrial matters and is very detailed.
    18
    19   MR. JUSTICE BELL:  Refer me to it, if you have a reference.
    20
    21   MS. STEEL:  It is Volume 1, page 563.
    22
    23   MR. JUSTICE BELL:  Where do you want me to look?
    24
    25   MS. STEEL:   Once the trial has begun, the relevant part is
    26        Order 33, which is at page 589.  The part we particularly
    27        wanted to refer you to is on page 591.
    28
    29   MR. JUSTICE BELL:  Let me just look.  Yes.  You wanted to refer
    30        me specifically to?
    31
    32   MS. STEEL:  Yes.  The general point is that there are no general
    33        exceptions to the rule of having the proceedings heard in
    34        open court.  On page 591, it is just below 33/4/3:
    35
    36        "Hearing in camera - Can be held where a public hearing
    37        would defeat the ends of justice...."
    38
    39   MR. JUSTICE BELL:  Tell me where you are again.  "Hearing in
    40        camera", 33/4/3?
    41
    42   MS. STEEL:  Yes.  This is the general test for whether the
    43        proceedings should go into chambers, "where a public
    44        hearing would defeat the ends of justice"; and there are
    45        examples given of "where particulars of the secret process
    46        have to be disclosed, and in infancy cases".  At the end of
    47        that paragraph, it states:  "Where the public is unlawfully
    48        excluded from a trial proceedings are voidable."
    49
    50        It is our argument that it is wrong to exclude the public 
    51        from this trial whilst arguments are going on over these 
    52        matters, over the matters to be discussed.  The other side 
    53        have not put any reasons why justice would be defeated by
    54        excluding the public or, sorry, why justice would be
    55        defeated if the public were allowed in the court.  I think
    56        the question is: how will it defeat the ends of justice to
    57        have the arguments held in open court?
    58
    59   MR. JUSTICE BELL:  So what you are saying is that what I have
    60        called interlocutory applications are not really