Ref: A00-300995 Case No. 871626 Macpherson II
Volume IV, Pages 32-40, Tuesday 13th June, 1989
(In the presence of the jury)
Discussion
MR. TEMPLE: May I invite your Lordship to consider an early
adjournment? If your Lordship wishes to pursue with me
administrative matters regarding the calling of further
witnesses, I can assist your Lordship.
MR. JUSTICE MACPHERSON: It is only that we are all being under-
standing and patient but it does seem that I ought to find
out what is happening, because we must not have gaps.
MR. TEMPLE: My Lord, may I say that on each and every occasion
it is not a question of those who instruct me or police
officers in the case doing other than their very best to
liaise with the Cypriot authorities. There have been many
hours of work trying to accomplish the smooth running and
presentation of the evidence in this case. I can only say
that arrangements have been made and have been in existence,
certainly over the last four to five days, to call
Mr. Vovides and Mr. Stavrou to give evidence which the
defence require, and it is anticipated that both gentlemen
will be here tomorrow.
MR. JUSTICE MACPHERSON: What about this afternoon?
MR. TEMPLE: My Lord, there is one witness we can call this
afternoon. She will be very short; she is Miss Cripps.
MR. JUSTICE MACPHERSON: She cannot be here this morning?
MR. TEMPLE: No, my Lord, she is taking an examination. There
are problems which the Crown must overcome, but to illustrate
the difficulty, your Lordship knows how quickly this trial
has gone. It was anticipated, when the trial date was set,
that the doctors' evidence would not be reached until Monday
and it is for that reason that three of them were warned in
the first instance to give evidence on Monday. In fact, it
is hoped that certainly two will be in a position to give
their evidence on Friday. My Lord, there are still
difficulties with regard to Mr. Pearson, who is the
government scientist. He is out of the country certainly all
this week.
I think the most practical way of looking at the
position is if your Lordship would be minded to rise before
lunch Mr. Beckman and I can consolidate the position.
MR. JUSTICE MACPHERSON: What shall I say to the ladies and
gentlemen who have to sit silently?
MR. TEMPLE: It may be that apologies begin to ring hollow.
MR. JUSTICE MACPHERSON: How long did the three days with which
we have been involved in the case take last time?
MR. TEMPLE: Weeks. A week is now measured in a day.
MR. JUSTICE MACPHERSON: Ladies and gentlemen, it is not
something which we have discussed, but what has happened is
that the case was here for quite a long time before. For
reasons which I do not know, we had to start again. There is
nothing against the defendant in this at all but it took
three weeks and we have done it in three days, so that has
created practical problems which I hope you will understand.
I do not know whether inside you are all fuming or all quite
happy that you are not having to sit for hours on a Friday
in the jury box - I will not ask you - but I hope you will
understand the position which Mr. Temple and Mr. Beckman
have explained to you.
MR. BECKMAN: May I just mention - not for the purpose of getting
any applause for it, but I think the jury are aware that I
was not conducting the defence before.
MR. JUSTICE MACPHERSON: Yes, there was somebody else conducting
the defence and again I do not want to go into anything
involving the last trial. You heard about it because
Mr. Beckman said, "On another occasion you said so and so".
We know that it started before, but that does happen some-
times in criminal trials and you need not worry about the
whys and wherefores, but nothing should be held against
Mr. Koupparis.
(The jury left the court)
MR. JUSTICE MACPHERSON: Mr. Temple, my only reservation about
all this is I would much rather, if it could be done, that we
had a completely empty day so that I could do something else
and the jury did not have to travel.
MR. TEMPLE: What we are trying to do with that in mind is to
organise the remaining witnesses to be called to give their
evidence on Friday. It has not been an easy operation; one
of the doctors can only make Thursday afternoon.
MR. JUSTICE MACPHERSON: I shall feel a bit vulnerable to
(inaudible) from the jury if I said I would not be here on
Wednesday or Thursday.
MR. TEMPLE: I would hope that the Crown's shoulders are broad
enough to bear the brunt.
MR. JUSTICE MACPHERSON: Is it possible to have legal argument
because everybody must know what the points are going to be?
Most of the witnesses have value from the defence point of
view that they do not assist the case, or can I not do that
in advance?
MR. BECKMAN: I am sorry, I hoped to achieve that but
unfortunately we cannot because it depends on answers from
the witnesses and it would be wrong to try and do submissions
as it were, here a bit there a bit and so on. It will not
work, my Lord and it includes - there is a lot of inter-
relationship, not so much with the medical but certainly
with the technical, and Portland Down is going to be terribly
important. I think I would do more harm in your Lordship's
understanding of what I was trying to say doing it that way
and I think Mr. Temple does not disagree with me. I did
have that in mind but I do not think we properly can. For
example, answers of a witness yesterday were such that it
changed very strongly a particular approach I was going to
make on one of the points, very strongly indeed.
MR. JUSTICE MACPHERSON: I must not anticipate it. The only
trouble is that it is very difficult for people who give up
their time to try and fill the gaps. It does not matter to
me so much but to somebody waiting downstairs ---
MR. BECKMAN: I can only say had my team that I have assisting me
been with me and we had been on the case since July this
would not have occurred. It is not to criticise anyone ---
MR. JUSTICE MACPHERSON: There is nothing I can do.
MR. BECKMAN: I am afraid that must be right. At the end of the
day we are getting through this case at great speed.
MR. JUSTICE MACPHERSON: I know. It is completely empty days
that upset me; I wish something could be done about it. We
have one witness this afternoon and nothing on Wednesday.
MR. TEMPLE: There is one witness to be called in person. I can
read three statements dealing with production of
documentation. As advised, the likelihood is Vovides and
Stavrou will be available tomorrow morning, then there is a
problem because, with the best will in the world, I do not
anticipate these two witnesses to take up more than three
quarters of the morning. They are rather akin in terms of
length to the evidence we have just heard. Then there is
going to be an embarrassing gap before I can call the medical
evidence.
MR. JUSTICE MACPHERSON: That will start on Friday?
MR. TEMPLE: Yes, my Lord.
MR. JUSTICE MACPHERSON: Then that will go ahead on Monday. Can
you anticipate how long the doctors are likely to take?
MR. TEMPLE: I think Mr. Beckman is better equipped than I.
MR. BECKMAN: I do not yet have the information I require from my
experts.
MR. JUSTICE MACPHERSON: I only wanted a rough estimate; Monday
and Tuesday or just Monday?
MR. BECKMAN: I am hoping it can be short but I cannot say until
I get the information I want from my doctors.
MR. JUSTICE MACPHERSON: I am being kept in the dark about it all
because although I ask for information, I have not been given
any yet. If there are reports I would welcome being able to
see them. If I am not to see them just say so, but if there
are any it would help me to read them in advance.
MR. TEMPLE: My Lord, I was under the impression that all the
medical reports were with your Lordship.
MR. JUSTICE MACPHERSON: No, they are not.
MR. TEMPLE: They were certainly available to the previous trial
judge.
MR. JUSTICE MACPHERSON: I wonder if you can put together a
bundle so that I can have it in advance because I have to try
and foresee the slant of the case as it develops.
MR. BECKMAN: The only trouble is, of course, my enquiries have
not come to fruition. I have bits and pieces.
MR. JUSTICE MACPHERSON: If you have not received it yet you
cannot give it to me, but as soon as it is available it would
be very helpful if I could see it before the doctors.
MR. BECKMAN: Your Lordship can certainly see them well before my
doctors come. I thought my learned friend's doctors had
gone in.
(The trial was adjourned for a short time)
(In the absence of the jury)
MR. TEMPLE: My Lord, two matters arise. The first really is for
the courtesy of the Court. The witness position appears to
be that the two witnesses from Cyprus, Vovides and Stavrou,
will be here on Thursday morning, three doctors on Thursday
afternoon and hopefully the government chemist on Friday
morning. May I say that it may well be there are
difficulties in securing the government chemist on Friday
morning.
MR. JUSTICE MACPHERSON: Perhaps the government chemist has a
junior, because it is mostly cross-examination and concession
that Mr. Beckman wishes to (inaudible).
MR. TEMPLE: Certainly, my Lord, that will be looked at, but
subject to any contra-indication from your Lordship,
Wednesday is going to be ---
MR. JUSTICE MACPHERSON: How will we get round this afternoon?
MR. TEMPLE: The Crown propose to call one witness, Miss Cripps,
then to read a further three statements and then to invite
the jury to listen to tape AD/9 and tape AD/17.
The second matter with which I think your Lordship may
be concerned at the present time is Miss Cripps' proposed
evidence at page 54 with regard to the passports. Your
Lordship will recollect - certainly I know Mr. Beckman ---
MR. JUSTICE MACPHERSON: I have made a preliminary decision about
that, Mr. Temple, and I think the evidence should not be led.
I think it would be fairer if the evidence was not led.
MR. TEMPLE: Very well.
MR. JUSTICE MACPHERSON: I will tell them when you know what the
programme is.
MR. TEMPLE: Yes, my Lord. I have been handed a further note to
say that Miss Cripps is on the way from the examinations. It
will not mean a wastage of time; I shall invite the Court to
listen to the tapes in the first instance.
MR. BECKMAN: May I mention AD/9? When your Lordship hears it,
bearing in mind your Lordship has notice of what I have in
mind, your Lordship may bear in mind a fuller transcript of
AD/9 might be worthwhile. I mention it in case you are of
the same view.
MR. JUSTICE MACPHERSON: AD/9 of some conversation?
MR. BECKMAN: Yes, it is divided into two parts. We do not need
the first part.
MR. JUSTICE MACPHERSON: How long does it last?
MR. BECKMAN: The second part about five minutes maximum. We do
not need what occurs before the break. The break is when
Mr. Vovides goes to find the President and then comes back.
It would be read, your Lordship might see why in a minute.
(The jury was brought into court)
MR. JUSTICE MACPHERSON: Ladies and gentlemen, I am sorry to keep
you waiting. We were discussing the programme and I think it
is sensible that I should tell you what is going to happen
now. Bearing in mind this time round we have done in three
and a half days what took three and a half weeks at the
previous trial, that does explain the problems that have
developed. We will hear one witness during the afternoon
(one of the possible pop group) we are going to have some
evidence read and we can listen to one of the tapes on the
machines. Then we will adjourn and we will not sit tomorrow
so you will know that you will be free tomorrow. We will
sit again on Thursday when we will hear further Cypriot
evidence, medical evidence and probably also scientific
evidence on Friday, so that the prosecution evidence is
likely to finish this week. I hope that is helpful to you.
I do stress that we are all very grateful to you for your
patience in the problems that have arisen. It is not your
fault or mine, or really anybody else's but the fault, if
that is the right way of putting it, of everybody on the case
reaching agreement where agreement was possible on evidential
matters.
MR. TEMPLE: My Lord, I am going to invite the Court and jury to
listen to the actual tapes being played of Exhibit AD/9 and
Exhibit AD/17. Can I invite you to page 3 of the transcript
bundle?
MR. BECKMAN: My Lord, might I ask in the case of AD/9 that the
jury listen to it carefully when following the transcript
because there are some very important matters on that which I
do not think properly appear on the transcript and it may be
the eye will guide the ear rather than the other way round.
I am quite happy for them to see the transcript but I would
like them to hear it so they will not be misled - and I do
not mean that nastily - by the transcript.
MR. TEMPLE: There is a little bit of introduction to AD/9 so
that the jury can get used to the level of sound and have the
opportunity to adjust their 'phones accordingly.
(Tapes AD/9 and AD/17 were played to the Court)
(The statement of the following witness was read to the
Court:
NEIL PRATT (Detective Constable) )
Index | Previous | Next