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MR. JUSTICE BLOFELD: I see. You mean you would not want it reported in case a prospective
jury might read of them.
MR. TANSEY: Or it brought to their attention.
MR. JUSTICE BLOFELD: That is remarkably unlikely, but if you feel there is a risk of that ----
MR. TANSEY: That is my only concern.
MR. JUSTICE BLOFELD: I with some reluctance will go into chambers. I do not like excluding the
press, but I am sorry about that.
THE CLERK OF THE COURT: The court is now in chambers.
(In chambers)
MR. TANSEY: My Lord, your Lordship has the documents which set out the prosecution skeleton
argument on admissibility, and that is the order that I am following for your Lordship’s assistance.
Your Lordship has ruled on one application already and we now come to number two, that the
evidence of Viktor Oschenko’s residence in London in 1972/1979 and his defection in July 1992.
My Lord, we submit that the residency of Viktor Oschenko in London in 1972 to 1979 is not
relevant or probative, and further that his defection in July 1992 too is not relevant to any issue in
this case.
We ask your Lordship to keep clearly in mind the date of the offences in question which, in fact, is
1992. My Lord, there is no evidence - I stress the word “evidence” - that Viktor Oschenko knew
this defendant in 1972 to 1979. There is no evidence that the defendant knew him at all or had any
dealings with him of any kind between 1972 and 1979. Further, there is no evidence that the
defendant had any dealings with Oschenko from 1979 to 1992 and, therefore, we submit that this
evidence is clearly not relevant in this case - not merely not relevant, but not probative - and we
would submit if admitted would be prejudicial.
My Lord, it seems the possibility that the prosecution may seek to rely upon the telephone call which
your Lordship has already ruled upon, “friend Victor”. My Lord, there is no evidence about which
Victor that telephone call refers to. There is no evidence that Victor is a foreign person. My Lord,
so far as the name Victor is concerned, as your Lordship well knows, that just a momentary thought,
two very prominent silks are called Victor - one can look ----
MR. JUSTICE BLOFELD: Who is the other?
MR. SUMMERS: Victor Durant and Victor Temple, and there are other Victors at the bar as well,
and I need not mention the great man Victor Sylvester, and so, no-one could suggest the name
carries a euphoric dimension. There is no evidence that Victor is a Russian of any kind. We have
looked at the diplomatic list for 1992 - my Lord, I have not got it to hand straight away - and, in
fact, there is a Victor at the Spanish Embassy, at the United States Embassy.
MR. JUSTICE BLOFELD: I think you have made your point; there are Victors all over the place.
MR. TANSEY: Yes. My Lord, the key matters the Crown say about this Victor, we would ask
your Lordship please just to look at the list which the prosecution has served upon us. My Lord, it is