MR. JUSTICE BLOFELD: I am with you to some extent, as you follow. Not as far as you want me
to go, but better than nothing.
MR. TANSEY: It seems that the words, He worked with classified material but nothing in
MR. JUSTICE BLOFELD: Yes.
MR. TANSEY: I do not think I can take it any further.
MR. JUSTICE BLOFELD: There may well be a later stage of the trial once we get under way,
some argument as to how far precisely the Crown can go, and you can reserve your position on that
because I quite see it is difficult to do more at the moment than pointing out that in opening they can
go no further than classified work. They may want to put a little bit of flesh on the bones. I am not
ruling out that they might be entitled to, but certainly not so far as it goes at the moment because at
the moment I do take your point that there is an inference that he was supplying information about
the Fuse project to the Russians and that is not the case.
MR. TANSEY: Thank you. My Lord, can I deal then with Mr. E. If your Lordship - your Lordship
has not looked at the statement.
MR. JUSTICE BLOFELD: I have read it in detail.
MR. TANSEY: Our objection is that much of this statement is hearsay evidence.
MR. JUSTICE BLOFELD: Yes, I do not I think a lot of it is hearsay.
MR. TANSEY: The Crown is seeking to use it to establish their case and, my Lord, we object to
MR. JUSTICE BLOFELD: You certainly need not have worries about the hearsay: that can come
MR. TANSEY: My Lord, there is, of course, the major difference in between the two, between E
and this defendant. It was not Victor Oschenko, according to Mr. E, who got him to go to Portugal.
The person responsible was the person George, and the modus operandi of different agents cannot
be used to establish the case against this defendant. My Lord it was ----
MR. JUSTICE BLOFELD: I am not certain that is a valid argument, is it, because Mr. Es
statement, which I have still mislaid, is that he was an agent run by Victor, handed over to a man
with another name because Victor, in fact, ceased to be resident in this country.
MR. TANSEY: My Lord, yes. My Lord, what is he going to be able to say about George without
hearsay evidence effectively. My Lord, it is ----
MR. JUSTICE BLOFELD: E can surely say that he was run by George.
MR. TANSEY: My Lord ----
MR. JUSTICE BLOFELD: There we are; I have got it now. He can say that he was taken out to