Day 242 - 29 Apr 96 - Page 29
1 MR. MORRIS: Shall I get a copy of that page at the moment?
2
3 MR. JUSTICE BELL: I think if you give it to me now, if
4 Mr. Riley can help, then it will not be forgotten. I am
5 going to put them behind Mr. Cesca because that is where
6 they came from originally.
7 (Pause while photocopies are made)
8
9 MR. MORRIS: Can I just ask a question about the status of
10 Ms. Bensilum's statement that has not been taken as
11 evidence? I am particularly interested in the last but one
12 sentence which reads -----
13
14 MR. JUSTICE BELL: Let me find that. Can you give me the
15 reference?
16
17 MR. RAMPTON: My Lord, this is, with respect to Mr. Morris, a
18 sterile exercise. I do not offer Ms. Bensilum as a
19 witness. I shall not be calling her. I have not asked
20 leave to put a Civil Evidence Act notice on her witness
21 statement. It is not appropriate except for the purpose of
22 interlocutory argument to make reference to that statement
23 in open court. It has no status as evidence before your
24 Lordship.
25
26 MR. MORRIS: I want to know whether we should put a Civil
27 Evidence Act notice on the sentence, where she says
28 that -----
29
30 MR. JUSTICE BELL: Do not read it here.
31
32 MR. MORRIS: I think it has been read out ------
33
34 MR. JUSTICE BELL: Refer me to where it is and I will look at
35 it.
36
37 MR. MORRIS: It has been read out about 10 times before.
38
39 MR. JUSTICE BELL: Do not worry. Follow the normal form. Tell
40 me where it is first.
41
42 MR. MORRIS: It is the Edi Bensilum statements.
43
44 MR. JUSTICE BELL: Which part of them?
45
46 MR. MORRIS: It would be the Environment statements, I believe,
47 of the Plaintiff's witnesses. I do not know what volume
48 that would be. I think it is in the same volume as
49 Mr. Cesca's.
50
51 MR. JUSTICE BELL: Yes, it is divider 2.
52
53 MR. MORRIS: It is the last but one sentence of her statement.
54 Whether we can put a Civil Evidence Act notice on that
55 sentence -- it is actually something I forgot to ask
56 Mr. Rose about, where she says what she told him what the
57 case is. I am particularly interested in "most of the
58 farms being established in the 1950s".
59
60 MR. JUSTICE BELL: You have to have your Civil Evidence Act
