Day 312 - 11 Dec 96 - Page 02

     
     1                                 Wednesday, 11th December 1996
     2
     3   MR. MORRIS:  I am sorry we are a bit late.
     4
     5   MR. RAMPTON:  My Lord, before Mr. Morris launches into his legal
     6        submissions, there are some matters I believe I ought to
     7        clear up first.
     8
     9   MR. JUSTICE BELL:  Yes.
    10
    11   MR. RAMPTON:  The first thing is your Lordship asked some time
    12        ago for a list of all the video recordings that we thought
    13        were relevant.  We have now made that list.
    14
    15   MR. JUSTICE BELL:  I am going to be provided with copies of them
    16        all, am I?
    17
    18   MR. RAMPTON:  We will sort out that with Mr. Glen.  If
    19        your Lordship has not got them all we will make sure you
    20        have them.
    21
    22   MR. JUSTICE BELL:  I am not sure I have any at the moment.
    23        I had them at various times, but I do not have them in my
    24        room and I cannot see any up here.
    25
    26   MR. RAMPTON:  We will make sure that is sorted.  My Lord, there
    27        are several things I need to deal with arising out of what
    28        your Lordship was saying last week.  Some of them relate to
    29        publication and some to damages.  Can I deal with the
    30        publication questions first?
    31
    32        Your Lordship will remember that we relied on the notes of
    33        Mr. Russell -- not the notes, I should not say that, but
    34        the report -----
    35
    36   MR. JUSTICE BELL:  The Kings report?
    37
    38   MR. RAMPTON:  Of 26th April 1990 which is at pages 112 to 114 of
    39        the agency notes file.  We put a Section 4 notice on that.
    40        Your Lordship was unhappy about that or possibly unhappy
         about it.  We would have needed to have applied for leave.
    42        We do not make that application.  We rely on his witness
    43        statement, paragraphs 6, 7 and 8 which, as your Lordship
    44        observed, was made a lot nearer the time, but more
    45        particularly on his actual recollection in the witness
    46        box.  Pages 50 to 57 of his evidence-in-chief on day 263,
    47        which was his general recollection of the meeting and of
    48        Mr. Morris' part in it, and of the presence and
    49        distribution of the leaflet complained of.  Then in
    50        relation to the Moscow question, he said on the next day
    51        264 at page 6 that if there is one thing that stuck in his
    52        mind it was the topic of the possible Moscow trip.  I am
    53        paraphrasing this.
    54
    55   MR. JUSTICE BELL:  What I did during the period when we have not
    56        been in court, I think it was Monday in fact, I re-read all
    57        of the transcripts.
    58
    59   MR. RAMPTON:  Good, then that will be fresh in your Lordship's
    60        mind.