Day 276 - 09 Jul 96 - Page 22
1 does not mean that my reaction is that it does not mean
2 that you admit what the witness is saying, but at the end
3 of the day when I look at the evidence, and I do not have
4 any particular point of evidence in mind, what it may mean
5 is that a witness has said something or it has been
6 incorporated by virtue of their statement and there has
7 been no evidence to contradict it. I have still got to
8 assess its reliability insofar as it relates to any matter
9 in issue.
10
11 But, however that may be, you have just got to get on
12 and give your evidence on the points which you do remember
13 and which you to think are important.
14 A. Yes, okay.
15
16 MR. RAMPTON: My Lord, perhaps I could help. Plainly there are
17 passages in my witness's evidence via the witness
18 statements or the notes which I shall rely on at the end of
19 the day. The fact that it was not challenged by Miss Steel
20 when she gave evidence in chief will not bother me in the
21 slightest and I do not suppose it will bother your
22 Lordship. Where I shall get troubled is if, in closing the
23 case, either Mr. Steel or Mr. Morris advances a positive
24 case about which they did not give evidence.
25
26 MR. JUSTICE BELL: Well, that may be. I can only rely upon the
27 evidence I have heard.
28
29 MR. MORRIS: Sorry. Can I just say? Mr. Rampton has got a
30 case, he has to put it to Miss Steel when she is in the
31 witness box. If he has got any case against her his
32 obligation is to put it.
33
34 MR. JUSTICE BELL: I am not going to tell Mr. Rampton how to
35 conduct his case.
36
37 MR. MORRIS: That is what I was told repeatedly throughout the
38 case, if we have a point that we are challenging the
39 witness.
40
41 MR. JUSTICE BELL: Mr. Morris, I do not need to be told what the
42 courts procedures are, I am afraid.
43
44 MR. MORRIS: I am only adopting the same principles that I was
45 told applied to questioning of witnesses before.
46
47 MR. JUSTICE BELL: Well, there we are. You have just got to
48 deliver your evidence to the best of your ability and deal
49 with what you think is important which you recall, and we
50 will see where we are at the end of the day.
51
52 MR. MORRIS: Well, if Mr. Rampton does not put any--
53
54 MR. JUSTICE BELL: Look, Mr. Morris, this is completely
55 inappropriate. Mr. Rampton has not even started cross
56 examining yet. When he cross-examines I will hear what he
57 puts. I will hear what the answers are in the autumn. You
58 will be addressing me, or Miss Steel, one way or the
59 other. What is not appropriate is to rehearse what your
60 view of the proper procedures are at this stage.
