Day 011 - 12 Jul 94 - Page 43


     
     1        part of a statement and saying:  "Do you agree with that?"
              which has not happened with Professor Duxbury.
     2
              However, that does not mean that you are not entitled to
     3        cross-examine on something in the statement which you want
              to challenge or pursue.
     4
         MISS STEEL:  Right.
     5
         MR. JUSTICE BELL:  If there was something in the statement
     6        which you thought was contrary to your interests, and has
              not been adduced in chief, you do not have to
     7        cross-examine on that, in fact, it may be counter
              productive to do so because you would bring in something
     8        which is not in evidence so far.
 
     9   MISS STEEL:  Actually, it was a matter of clarification because
              there was something which I am not sure if it was a
    10        mistake.
 
    11   MR. JUSTICE BELL:  It depends whether you want evidence on that
              topic in or not, if it is not there already.
    12
         MR. RAMPTON:  What Miss Steel, I think, may be asking your
    13        Lordship is whether I am entitled to use any material in
              the statement which is not given by Professor Duxbury in
    14        evidence orally in court and the answer is, no.
 
    15   MR. JUSTICE BELL:  If someone is shown their statement they
              produce and say:  "Did you make that statement?  Are its
    16        contents true?" and they say:  "Yes", then it is in
              evidence.
    17
         MISS STEEL:  Right.
    18
         MR. JUSTICE BELL:  You have just used that formula to save
    19        time, but unless they do that it is not.
 
    20   MISS STEEL:  But when you come to read through all the papers,
              you are not going to read the statement, you will be
    21        reading what is said on the transcript?
 
    22   MR. JUSTICE BELL:  I will read what is said on the transcript.
              I mean, I will not pretend, for instance, I might not look
    23        at Professor Duxbury, I do not know, if I thought there
              was a bit of general knowledge there which helps me to
    24        understand an answer, but I will not rely upon something
              which is in his statement which is not given in the
    25        witness box.
  
    26   MISS STEEL:  Well, it is ------ 
  
    27   MR. JUSTICE BELL:  If you want to say what point it is which is
              troubling you, but you not have to if you think ------
    28
         MISS STEEL:  There are two things, they are fairly simple, but
    29        it I think perhaps it would be better to bring them up.
              One of them is on page 5 where it says, this is in the
    30        second paragraph:  "It is for this reason that SORG is now
              advocating the use of chlorine loading of the tropisphere

Prev Next Index