Day 249 - 14 May 96 - Page 06
1 important point in respect of paragraph 11, is that I am
2 not objecting to paragraph 12 where Mr. Nicholson says that
3 in the light of my cross-examination of Mr. Carroll he now
4 sets out in more detail what he saw that day, although, you
5 know, obviously that will be tested. However, paragraph 11
6 is purely and simply comment. Despite what Mr. Rampton
7 said about me changing my case, he tried to raise this on
8 day 110 of the trial, and I did actually say that I was not
9 changing my case, I have said it all along, and that I do
10 have a good reason for a firm belief that I was not handing
11 out the leaflets, and then I went on to say 'I do not want
12 to go further than that at this stage because I am not
13 giving evidence at the moment', and you told Mr. Rampton
14 that in the light of what I had just said he ought to
15 reconsider calling the publication witnesses sooner. It is
16 clear there that if he was not aware of it before then,
17 which he should have been because it was pretty obvious
18 from my witness statement that it would be contested...
19 Sorry, that was on page 21 of day 110. I do not know what
20 the date is, but it is not something that is new.
21
22 MR. JUSTICE BELL: Thank you.
23
24 (Ruling 1 follows -- see separate transcript)
25
26 MS. STEEL: There is just one other thing I wanted to raise,
27 which is because of Mr. Nicholson coming at quite short
28 notice. I actually wrote to -- you remember, ages ago, the
29 Plaintiffs asked us about the person who took the video of
30 16th October 1989 picket, the ----
31
32 MR. JUSTICE BELL: I have some vague uncertain recollection
33 about it.
34
35 MS. STEEL: I actually wrote back saying I had already tried to
36 contact him and that as far I was aware he had emigrated to
37 Australia. We have not actually made contact with him, and
38 I wrote to him a couple of... I do not know, about a month
39 ago maybe, I am not sure. Anyway, we spoke to him on the
40 phone last night and he is going to look for the video.
41 Hopefully, he will then be able to send it to us and I want
42 to ask that if that happens will it be possible for Mr.
43 Nicholson to be recalled so that we can ask him anything
44 arising from the video?
45
46 MR. JUSTICE BELL: What it will be possible for you to do is
47 apply to me to have him recalled and I will make a decision
48 on that in the light of all the information which I then
49 have. You will remember I said the same with regard to you
50 coming across any documents subsequently. What I am not
51 prepared to do is to say categorically yes or no now,
52 because I want to consider the matter in the light of all
53 the up-to-date information I have when you have made your
54 application.
55
56 MS. STEEL: OK. The person is in Australia, so it is not very
57 easy to contact him but hopefully we will try and get hold
58 of that as soon as possible and get it in.
59
60 MR. JUSTICE BELL: What I said the other day, I want you to
