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it is not right what he says, it is incorrect, then your Lordship will say, “Well, that must affect the
question in my mind whether or not under the question of discretion this evidence should be
admitted.” My Lord, that is how we put it and need to investigate it further. That is what we need.
MR. JUSTICE BLOFELD: You are really dealing with two points. You are dealing with
admissibility and also dealing with timing and, frankly, I am by no means convinced at the moment
that this information could not be found in London. There are plenty of Spanish tourists in Britain,
there are plenty of Portuguese shippers who know all about this area only too well and who have
endless plans available; I would not have thought it was very difficult. I may be biased because this
happens to be a town I personally know remarkably well; but there it is.
MR. TANSEY: I can only put you in the position that we find ourselves in.
MR. JUSTICE BLOFELD: I cannot in any way see - if necessary no doubt if you want to make
further enquiries out in Oporto somebody could be contacted out there; faxes can be done; there
are a large number of English speaking people out there and information can come back. There is
nothing to stop the trial from getting underway; these could be kept under wraps until you are
properly instructed.
MR. TANSEY: I would be happy with that.
MR. JUSTICE BLOFELD: I certainly see that you want to know your position before any evidence
is mentioned in court. I do not think there should be any difficulty about that.
MR. TANSEY: I thought, my Lord, that the Crown wished to rely upon this as a material part of
their opening.
MR. JUSTICE BLOFELD: They might well do. If they have served it late they may have to do
without it, Mr. Tansey. I am not ruling at the moment, but I do not find it insuperable. I have got
your argument on that. What after Oporto; where do we go after that, or is that really all of them?
MR. TANSEY: My Lord, that is really all subject to the question of Mr. E. That is a little bit of a
separate matter.
MR. JUSTICE BLOFELD: All right; let us look at Mr. E’s statement again. Mr. E has gone
MR. TANSEY: My Lord, again, insofar as he is concerned we ask the question: “What is the
relevance of his evidence and how can it be admissible?” and further ----
MR. JUSTICE BLOFELD: Well, as it is not in the opening note would you like to reserve your
position about this and I will hear what the Crown say and you can come back to me?
MR. TANSEY: Those are all the matters.
MR. TANSEY: There is, of course, the other issue about sitting in camera.
MR. JUSTICE BLOFELD: Yes, I think if Mr. Amlot will forgive me, we will certainly complete that
today, but I would like to complete this first if I can. May I tell you what I want to hear you on. I