Day 182 - 02 Nov 95 - Page 63


     
     1        those "taken as read".  If at any stage you want to read
     2        them with or without any additions, then you can do.
     3
     4   MS. STEEL:   Can I just ask what were 10, 11 and 12, sorry?
     5
     6   MR. JUSTICE BELL:  10 is Mr. Hassan Lamti; 11 is Chantal
     7        Villeneuve and 12, Sarah Ingliss, 12A is Sean Derby and 12B
     8        is Joel Henderson.
     9
    10   MR. MORRIS:  We could certainly read Sean Derby and Joel
    11        Henderson.  We do not intend to call them.
    12
    13   MR. RAMPTON:  My Lord, I have a problem with Mr. Henderson which
    14        I will mention whenever your Lordship thinks it right for
    15        me to do so.  That one I have identified.
    16
    17   MR. JUSTICE BELL:  I was going to suggest that they can be read,
    18        subject to any objection Mr. Rampton has, either before or
    19        after Miss Ingliss gives her evidence.  I have them all in
    20        mind at the same time.
    21
    22   MR. MORRIS:  When she is actually physically here, you mean?
    23
    24   MR. JUSTICE BELL:  Yes.
    25
    26   MR. MORRIS:  Yes, that is fine.
    27
    28   MR. JUSTICE BELL:  You have your witness set up for 2 o'clock
    29        tomorrow afternoon, have you?
    30
    31   MR. MORRIS:  Yes.
    32
    33   MR. JUSTICE BELL:  Is there anything more anyone wants to deal
    34        with?
    35
    36   MR. RAMPTON:  Yes, my Lord, I ought to mention, I can see that
    37        in a particular case like this I have a certain duty to
    38        fill in gaps in the Defendants' legal armory.  My Lord, so
    39        far as the French witnesses are concerned, I draw your
    40        Lordship's attention to section 7 of the Civil Evidence Act
    41        1968, which is set out at paragraph 39 (12) on page 1101 of
    42        Phipson.  It is also in the White Book, but I cannot
    43        remember where, volume 2 somewhere.
    44
    45   MR. JUSTICE BELL:  Yes.
    46
    47   MR. RAMPTON:  My Lord, put shortly -- the Defendants do not have
    48        a copy of it so I will summarise it, if I can -- where
    49        somebody is not being called as a witness and their
    50        evidence is tendered under section 2, as in this case, I am 
    51        entitled, as I read section 7, to adduce evidence impinging 
    52        or affecting the credibility of that witness, provided it 
    53        does not go only to credit.  That is the proviso which one
    54        sees, I think, at the top of page 1102.
    55
    56        I cannot just put in, sort of, discreditable material
    57        unless it goes to an issue.  I mention it now because if
    58        the Defendants should in the end conclude that they do not
    59        want to, or had better not, call the two French witnesses,
    60        I would need a little bit of notice about that, so that

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