Day 271 - 01 Jul 96 - Page 02

     
     1                                            Monday, 1st July 1996
     2
     3   MR. MORRIS:  Yes, we are sorry about today.  We did not know
     4        until we heard from Mr. Glenn.
     5
     6   MR. JUSTICE BELL:  What has happened?  I have had a short
     7        message from Mr. Glenn.
     8
     9   MS. STEEL:  That is as much as we know.
    10
    11   MR. MORRIS:  I spoke to him last night.
    12
    13   MR. JUSTICE BELL:  You tell me what has happened.  Start from
    14        scratch.
    15
    16   MR. MORRIS:  I spoke to the witness last night.
    17
    18   MR. JUSTICE BELL:  Mr. Brett.
    19
    20   MR. MORRIS:  Yes, he was all due to come, meeting him outside
         Court at quarter-to-ten.  We have never met him.  I was
    22        waiting there until quarter-past-ten when Mr. Riley said
    23        that he had 'phoned in.
    24
    25   MR. JUSTICE BELL:  That Mr. Brett had 'phoned in?
    26        (Message handed) I am sorry, I thought the message had come
    27        from either you or Miss Steel.
    28
    29   MR. MORRIS:  No.  We did not know anything about it at all.
    30
    31   MR. JUSTICE BELL:  Well, the message.  I do not suppose you
    32        would mind it being read out in Court, although it
    33        obviously has a personal element.  Mr. Brett, he 'phoned,
    34        Mr. Riley, did he?  "Mr. Brett unable to attend as witness
    35        today.  His wife has been taken ill and rushed to
    36        hospital."  So there we are.
    37
    38   MR. MORRIS:  Our position -- we have discussed this -- is that
    39        in the light of all the difficulties with Mr. Brett and the
    40        end of the evidence approaching we believe it is better not
         to call him at all.
    42
    43   MR. JUSTICE BELL:  Yes.  It is a decision that is entirely up to
    44        you.  Had you chosen to try and get him, say, to come on
    45        Wednesday or Thursday afternoon I would have been amenable
    46        to that but I perfectly understand the decision.
    47
    48   MR. MORRIS:  I do not think it will take it much further on the
    49        Colchester matters anyway.  The only thing I can think of
    50        that we could do, if we are not to abandon completely the
    51        whole day, is the US video.  The problem is neither me nor
    52        Mrs. Brinley-Codd, apparently, can trace the full edited
    53        transcript of the video.
    54
    55   MR. JUSTICE BELL:  I think I have seen two--
    56
    57   MR. MORRIS:  There were two.
    58
    59   MR. JUSTICE BELL:  There are two transcripts.  There was one
    60        which was considerably edited and then another which was