Day 124 - 10 May 95 - Page 58
1 MR. MORRIS: We are happy to accept any amendment of that that
2 was agreed before, as a matter of routine.
3
4 MR. RAMPTON: Yes, but, my Lord, my reason for intervening is --
5 this is not a technical point -- whatever Geoffrey Juliano
6 may or may not have said -- there is no evidence in this
7 court even that he exists, never mind that he said
8 anything -----
9
10 MR. MORRIS: There is evidence because I have said that we have
11 spoken to him.
12
13 MR. JUSTICE BELL: There may be.
14
15 MR. RAMPTON: That is not evidence. There is no witness
16 statement from him.
17
18 MR. MORRIS: It will be evidence.
19
20 MR. RAMPTON: There has been no evidence. None of the
21 Plaintiffs' witnesses have ever heard of him. There is no
22 evidence, even if he does exist, that he ever said anything
23 like. But this is the real the point -- which is why I
24 would discourage the Defendants from spending time and
25 money calling him as a witness -- even if he does exist and
26 if he did say something like that, what he said is evidence
27 of nothing at all.
28
29 MR. MORRIS: That is your opinion.
30
31 MR. JUSTICE BELL: I remember we had this argument. I cannot
32 recall the terms of my ruling. What I would like at some
33 stage (but not now because Mr. Morris accepts that he has
34 asked the questions he can reasonably ask of Mr. Beavers in
35 relation to it) if I can be given the reference to my
36 ruling, and then I will remind myself of what my reasoning
37 was and, what may be more important, I will correct the
38 bottom of page 4.
39
40 MR. RAMPTON: It is our fault for not having corrected the
41 pleadings.
42
43 MR. JUSTICE BELL: Do not worry about that. I can write it in.
44
45 MR. RAMPTON: But the differences are ones of substance.
46
47 MR. JUSTICE BELL: Yes, very well. Let us leave it for the
48 moment.
49
50 MR. RAMPTON: My Lord, I will give it to you now. It is
51 27th April, page 10, starting at letter B and running to
52 letter D.
53
54 MR. JUSTICE BELL: Leave that for the moment. If you think you
55 are going to put that topic to a witness in the future and
56 you are concerned about the ramifications of it before that
57 witness comes into the witness box when there is no witness
58 in the witness box who might give evidence about it, raise
59 it and we will have it out.
60
