MR BERGER
Just a very brief response, Chairperson.   My learned friend argues that the documents are now public simple because the Evidence Leader has placed the document before him.   Chairperson, I submit that that begs the question - the documents are only public I would submit when this Committee rules that they can be used, until such time, the documents are not public and cannot be used.   The second point my learned friend argues that Section 31(3) provides that - well, it only prohibits incriminating evidence being elicited from a witness.   My learned friend says that he does not intend to use the answers as evidence, he does not intend to illicit incriminating evidence, if that is so, then for what purpose does he intend to use the answers?  It can only be for evidence and if that evidence is incriminating against the person who made the statement, in this case it would be Mr McBride, I am not suggesting that the answers are incriminating, but as a legal principle, my learned friend's submissions cannot be correct.