252

173

150.

A.

Q.

A.

Fr. Sceats:

In case of statements of Thompson there are entries which indicate cheques paid in from time to time. You cannot say who drawers of cheques were?

No.

Would it be possible for you to find out who drawers were? In most cases yes. From statement we can get deposit slip.

You told Mr. Hampton bank has no right to keep customer's cheque?

251

Q.

A

It is property of customer and customer could ask for cheque to be sent back to him after it is paid.

2.

What is the purpose of bank keeping cheque?

A.

For records of bank should customer have any inquiries about

cheques.

(Hr. Hampton objects to this question.)

Question allowed.)

Mr. Gunston: From that evidence it is apparent that exhibits of microfilm documents have been admitted as a result of hearsay ovidence.

Refer to 3.40 - actual taking film was hearsay. Submit that that

information not been found to satisfaction of 3.41 that these documents

are adh.issible under S.40.

Mr. Hampton: I support that submission.

Application is dismissed and documents produced by Mr. Elantorno are

admitted in evidence.

Court adjourned to 17/11/75 at 10 a.m.

(Sd.) A. Garcia District Judso

12/11/75

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