effectively, we wish to probe and test each and every one of the matters referred to in the statement
by Mr. Morrisey, and though the statement is dated the 17th June we did not receive it until the
other night so, my Lord, there has been no chance to vet it and to check it and to actually go and
see it ourselves which we want to do because the Crown relies upon this.
MR. JUSTICE BLOFELD: Are you suggesting the defence team is flying out to Lisbon to have a
look at it?
MR. TANSEY: I personally will definitely go. I always go to the locus in quo upon which the
MR. JUSTICE BLOFELD: I hope you are not on legal aid.
MR. TANSEY: That is my own personal way of dealing with it. My Lord, the Crown has gone to
great lengths in this case to draw inferences about markings on a plan; they may be right, but the
defence case is they are not right. We do not ----
MR. JUSTICE BLOFELD: Why on earth - all right. I have got your point on this.
MR. TANSEY: May I say that is a matter that we certainly wish to probe and to test.
MR. JUSTICE BLOFELD: I can see that you may wish to probe it and I have some sympathy with
you there. As to whether you should personally probe it, I am bound to say I have no sympathy
MR. TANSEY: My Lord, may I say, I personally cannot give evidence.
MR. JUSTICE BLOFELD: I would not dream of holding a trial up when you can send some
perfectly responsible person to deal with it. You have no specialised knowledge in this matter, Mr.
Tansey, you can get the instructions from somebody else.
MR. TANSEY: Indeed, that is right; I accept your Lordships observations personally, but the
Crown relies upon venue as being central to this case; it is my belief in serious cases there is a duty
to investigate it to establish whether or not it holds water.
MR. JUSTICE BLOFELD: I am not trying to stop you if it is admissible from checking it out; I am
trying to stop you checking it out personally.
MR. TANSEY: That is a different matter. That is my own personal preference. I have to say it is
proving invaluable in both directions in assisting and not assisting defence; it works both ways.
MR. JUSTICE BLOFELD: I am not criticising your admirable qualities, Mr. Tansey, I am simply
saying they are not unique.
MR. TANSEY: That is the second bit on which the Crown relies. The third matter does relate to the
evidence of Mr. E which obviously again is critical evidence on which the Crown relies.
MR. JUSTICE BLOFELD: I follow Mr. E, which is why I said subject to Mr. E. If these are the
two other matters I am not really in my own mind in a position to deal with Mr. E until I have looked
at the documentation which I am going to read.