Day 155 - 14 Jul 95 - Page 02
1 Friday, 14th July 1995.
2
3 MR. RAMPTON: My Lord, Mr. Giardina is here.
4
5 MR. JUSTICE BELL: I see. Just before he comes into the witness
6 box, I have some further documents. They are just to go
7 where they are labelled, are they?
8
9 MR. RAMPTON: My Lord, if they are labelled then they go where
10 the labels say they go. They are mostly documents
11 disclosed by the Defendants.
12
13 MR. JUSTICE BELL: Very well. The other thing is I have had a
14 look through the list of authorities of which you gave me a
15 copy yesterday afternoon, Mr. Morris. What I am going to
16 ask is ask Mr. Riley to have a word with you in the course
17 of the day and tell you which ones he can get hold of for
18 me and which ones he cannot. If any of the ones which he
19 cannot get hold of, which are almost entirely in the bottom
20 half of the page, where you have written them in in
21 longhand, are ones which you will want to refer to next
22 week, then you must bring photocopies with you, i.e. you
23 must have a copy not only for your own use but one which
24 you can hand up to me.
25
26 I can give you an example. There is something called Ofner
27 and Hopfinger v. Austria, 23rd November 1962, and then in
28 brackets, (ECHR), which may well be a European Court
29 Report. I would not be surprised if Mr. Riley does not
30 tell you that he cannot readily lay his hands on that, so
31 if you want to refer to it, you must bring a photocopy of
32 it for me as well as for yourself, and if it is a report of
33 a case, I must have the whole of it, not just the bits of
34 it that you might want to read from.
35
36 MR. MORRIS: Some of the references are ones that are cited as
37 backing for some general statement that -- I cannot recall
38 exactly which ones are which -- but some are in acredited
39 textbooks or opinion. They are cited as -----
40
41 MR. JUSTICE BELL: I am not concerned at this moment about how
42 useful they will be or how authoritative they will be. All
43 I am saying is I must have photocopies of them if you are
44 going to refer to them, and I will not have copies of them
45 if Mr. Riley cannot readily lay his hands on them. So you
46 must provide copies. You are as if you were counsel
47 addressing me, obviously, and if counsel is going to refer
48 to any kind of report, be it a report of a case or a report
49 into, for instance, the administration of civil justice,
50 which obviously the judge may not have, or the usher tells
51 you the judge may not have, then you must provide
52 photocopies so the judge has a copy. That is just
53 perfectly normal procedure. I am warning you of it now so
54 you have a bit of time before Tuesday to organise yourself
55 to do this, rather than me just holding out my hand on
56 Tuesday and saying: "Where is my copy of that?" Do you
57 understand?
58
59 MR. MORRIS: Yes.
60
