MR. JUSTICE BLOFELD: As I recollect, they served on you background documentation, I think,
from the relevant intelligence department in this country, and I am not certain you did not get
something from the US also with parts edited out. I do not think any of that is of any consequence.
MR. TANSEY: Not at all, not to the argument.
MR. JUSTICE BLOFELD: No.
MR. TANSEY: The first question your Lordship has to determine or reconsider, in my submission,
is the question of whether or not the evidence of Mr. E is relevant; in our submission, his evidence is
not relevant. What the prosecution wish or seek or need to establish before his evidence, in our
submission, can become relevant is whether or not there were any dealings between Mr. Smith and
Mr. Oschenko. My Lord, your Lordship appreciates evidentially that there really is very little
evidence, if any at all, that Mr. Smith had any dealings with Viktor Oschenko. Of course Mr. Es
dealings with Oschenko are, in our submission, not relevant, he not being a party to the proceedings
nor Viktor Oschenko being a party to the proceedings. My Lord, the sole evidence -- the sole
effective evidence -- of the defendant having any dealings with Viktor Oschenko comes exclusively
from the telephone call in question on 8th August, the date of his arrest. Your Lordship is well aware
MR. JUSTICE BLOFELD: Well, phone call and subsequent movement by Mr. Smith.
MR. TANSEY: My Lord yes, indeed yes, the phone call and his subsequent actions.
MR. JUSTICE BLOFELD: Certainly.
MR. TANSEY: The phone call was, This is George, a friend, old friend of Viktor.
MR. JUSTICE BLOFELD: You need not trouble me. I have it clearly, mention of Viktor.
MR. TANSEY: Yes.
MR. JUSTICE BLOFELD: No mention of the surname.
MR. TANSEY: Indeed. That is the evidence on which the Crown seek to rely, that that call related
to Viktor Oschenko; there is nothing else at all. The first thing I would ask your Lordship to consider
is whether in fact any reasonable jury could safely or properly infer that that Viktor as a matter of
likelihood, reasonable inference, was Viktor Oschenko. My Lord, I say that for this reason. Your
Lordship may recall that, when Mrs. C was being cross-examined, she said in answer to several of
my questions that Viktor is a very common Russian name and in fact she said it is a very common
Eastern European name.
MR. JUSTICE BLOFELD: Did she say it was also a very common Russian name?
MR. TANSEY: Yes.
MR. JUSTICE BLOFELD: I thought she said Eastern European.
MR. TANSEY: I put about Poland and she said very common Russian name as well.
MR. JUSTICE BLOFELD: All right.