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MR. TANSEY: If that is the case, that is the evidence. If it is a common Eastern European and
Russian name, how can one conceivably say therefore, as a matter of reasonable inference, that the
Viktor in the telephone call must relate to Viktor Oschenko? There is nothing at all to assist and, if
we have the position that there are lots of Eastern European people with the name Viktor, how can
anyone reasonably say it must relate or there is a very strong inference or a reasonable inference that
it relates to Viktor Oschenko.
MR. JUSTICE BLOFELD: Let me start if I may at the moment with the telephone call. The
telephone call we have already heard is in an accented voice.
MR. TANSEY: My Lord, yes.
MR. JUSTICE BLOFELD: It is open to the jury to say that it is as a result of that telephone call that
Mr. Smith did certain things.
MR. TANSEY: That is a very reasonable inference; I accept that.
MR. JUSTICE BLOFELD: When the car is searched there is documentation found in it that comes
from HRC, and we now know that his bank account and other documents indicate he had received
sums of money.
MR. TANSEY: My Lord, yes.
MR. JUSTICE BLOFELD: It seems to me there is an inference to be drawn from those matters that
Mr. Smith, on that morning of 8th August, was acting in accordance to some extent with instructions
from the man Viktor; that the man Viktor was in fact certainly a foreigner, and that he was in fact
doing acts connected with supplying information to Viktor, right?
MR. TANSEY: Well, my Lord ….
MR. JUSTICE BLOFELD: Would you agree so far?
MR. TANSEY: Save that the relationship, if there was one, terminated in 1979 with Viktor; that is
the evidence. Viktor disappeared, left England and went elsewhere in 1979.
MR. JUSTICE BLOFELD: At the moment that is. Viktor Oschenko left England in 1979.
MR. JUSTICE BLOFELD: I am only saying that from the telephone call there are indications that
Mr. Smith was, if the jury accept it -- I am not going to go on about that, but there is evidence that
the jury can consider. It means he was going to hand over information to a friend of Viktor’s.
MR. TANSEY: My Lord, yes.
MR. JUSTICE BLOFELD: That friend of Viktor’s was a Russian -- was a foreigner. I would have
thought it was open to the interpretation that they could come to that he was a Russian. You may
disagree with that.
MR. TANSEY: The only way I can put the proposition is as I have put it.