Day 130 - 26 May 95 - Page 79
1 not done it -- may be one day I will get the chance -- on
2 the old style grills, when you turn over or turn over the
3 burger, which side of the burger was it that you touched?
4 A. Well, it was the one that had not previously been
5 cooked, so that side of it was not.
6
7 Q. So the side that had been touched would then be cooked; is
8 that right?
9 A. Yes.
10
11 MR. RAMPTON: My Lord, that is the end of my re-examination.
12 I know your Lordship had something to say about
13 Mr. Purslow.
14
15 MR. JUSTICE BELL: I think I probably said it in saying I was
16 going to say it. (To the witness): Thank you very much,
17 Mrs. Barnes. You are released unless you hear that it is
18 required for you to come back.
19
20 (The witness withdrew)
21
22 A large part of Mr. Purslow' statement includes his
23 comments on what he has read in the statements of witnesses
24 who may be called by Ms. Steel or Mr. Morris or whose
25 statements may, I know not, be readable by me under the
26 Civil Evidence Act in due course.
27
28 You will, in any event, have to consider to what extent you
29 want to ask Mr. Purslow's comments on any of them, but it
30 seems to me it is only relevant for me to know what
31 Mr. Purslow thinks of them if, indeed, you choose to lead
32 him on those matters at all in so far as he is going to
33 bring some particular expertise to bear. I would
34 anticipate that you had that in mind anyway.
35
36 MR. RAMPTON: I did, yes.
37
38 MR. JUSTICE BELL: In some instances, for instance, he compares
39 what is said in one part of the statement with what is said
40 in another part and suggests they are inconsistent. That
41 is entirely a matter for me.
42
43 MR. RAMPTON: It is an advocate's job.
44
45 MR. JUSTICE BELL: Absolutely, but it is certainly not for an
46 expert witness. In a less pronounced way, he from time to
47 time makes a comment which, if it be valid, would need no
48 expertise to make it. It is either good in ordinary common
49 sense or it is bad in ordinary common sense. I do not want
50 to hear evidence in relation to matters like that from
51 someone who is put forward as an expert.
52
53 MR. RAMPTON: I will say it now because it may help in the
54 future; what I thought I would do -- if I change my mind,
55 of course, I will tell your Lordship -- is what I have done
56 with one or two other experts is ask your Lordship to
57 receive his written statement as his evidence-in-chief --
58 that means that your Lordship can discard any of the
59 argumentative or common sense bits that your Lordship does
60 not want; it will be there but it does not take up any
