Day 139 - 21 Jun 95 - Page 63
1 does and did not have any foundation for it as in this case
2 Mr. Morris has none. We know he has no witness about
3 Puerto Rico, we know he has no documents and no foundation
4 for this. If counsel did that, he would very quickly be
5 disbarred.
6
7 MR. MORRIS: I think that is very unhelpful statement because we
8 have just spent hour half an hour looking into the facts.
9
10 MR. JUSTICE BELL: Just forget this argument. If it is your
11 case that a witness is lying, put it to him, but do not put
12 it to them unless it is your case that they are lying. If
13 it is your case that, for some reason or another, their
14 evidence is inaccurate, put it in gentler form. Apart from
15 anything else, if you had counsel acting for you, he would
16 probably say: "Look you have a counterclaim which is
17 alleging that you have been defamed by calling you a liar",
18 and if you are very free and easy about your own
19 allegations of people lying, what have I to make of that?
20 It sounds as if allegations of lying are what one has for
21 breakfast, lunch and supper.
22
23 MR. MORRIS: It depends whether you are a corporate -----
24
25 MR. JUSTICE BELL: Yes. Bear in mind what I have said. The
26 other thing is that you should not shrink from putting to
27 the witness that he or she is lying, if that is your case.
28 Try and put it, granted that you are rather confined by the
29 allegations, as civilly as you possibly can.
30
31 MR. MORRIS: I think that, just to -----
32
33 MR. JUSTICE BELL: Leave it there now. Just bear in mind what I
34 have said. Do you have more to put on Puerto Rico?
35
36 MR. MORRIS: No, no further questions on that.
37
38 MR. JUSTICE BELL: I am going to adjourn now. What I want you
39 to do overnight is look through your notes for the topics
40 which you have to come; and what I invite you to do, in
41 relation to each topic, make sure you have clear in your
42 own mind what the bottom line is in each case. I have
43 tried to identify it with regard to Puerto Rico and asked
44 two or three questions of my own; for instance, the real
45 reason for the original licensee default proceedings was
46 not poor performance, but getting into bed with the union.
47
48 When you are looking at the areas which you are going to
49 cross-examine about tomorrow, what I suggest you do is, you
50 isolate what the nub of the allegation is and, when you
51 come to that, put that at the beginning, and then, if you
52 are dissatisfied with the answer in relation to it,
53 cross-examine on the matters which you are going to suggest
54 to me in due course show why one should be dissatisfied
55 with the answer.
56
57 MR. MORRIS: Yes. I think, though, it has to be borne in mind
58 that you do not always get the same answer and effect in
59 cross-examination.
60
