Day 064 - 08 Dec 94 - Page 45
1 various different nutrition pamphlets produced before
2 1992. Now he says he does not know anything about them, so
3 is all of that evidence going to be completely disregarded,
4 because if not then I will have to challenge it.
5
6 MR. JUSTICE BELL: All of what evidence?
7
8 MS. STEEL: All evidence he has given about nutrition guides
9 prior to 1992.
10
11 MR. JUSTICE BELL: I will look at just what evidence has been
12 given. All I am saying is, for all the work one puts in to
13 preparing cross-examination, if when you come to start
14 asking your questions you find a witness says: "I do not
15 know; I cannot help you", then there you are. You are
16 stuck with that. You may at the end of the day say for one
17 reason or another I should treat it as unreliable and, if
18 it is unreliable, one is left with nothing. There we are,
19 but it does not help just to want to ask questions even
20 though the witness is saying: "I do not know".
21
22 MS. STEEL: It is not that I want to questions. It is that this
23 was put to the witness in-chief and, really, if the
24 Plaintiffs know that it is all hearsay they should not be
25 putting it in front of the court.
26
27 MR. JUSTICE BELL: You argue that in due course but we cannot
28 have these arguments as to what conclusion may or may not
29 be drawn in the middle of the witness's evidence. It is
30 premature. You say to me in due course: "He said this in
31 evidence-in-chief but when I asked him in cross-examination
32 it was quite clear that he had a very limited recollection
33 because it was not his responsibility. Therefore, attach
34 no weight to what it was that he said in-chief". That is
35 the sort of argument. It may fall on fertile ground, it
36 may fall on barren ground, but during the witness's
37 evidence is not the time to set your stall out in that way.
38
39 MS. STEEL: That is the problem. If it falls on barren
40 ground -----
41
42 MR. JUSTICE BELL: I am not going to indicate now.
43
44 MS. STEEL: -- then in that case I need to cross-examine him
45 more now, do I not?
46
47 MR. JUSTICE BELL: No.
48
49 MR. MORRIS: When did you become responsible for nutrition
50 guides?
51 A. When I took over the Communications responsibility at
52 the end of the first quarter 1992.
53
54 Q. Before that time did you actually know anything about the
55 nutrition guides, where they were available, whether they
56 were accurate, etc.?
57 A. Only from recollection. I had no responsibilities so
58 I did not specifically know, but from recollection of what
59 went on, yes, I had a knowledge.
60
