Day 207 - 23 Jan 96 - Page 69


     
     1        know, no further additions have been made.
     2
     3   MR. JUSTICE BELL:  That would be admissible under the Civil
     4        Evidence Act, would it not, as a record of matters which
     5        the person making it had a duty to make or not?
     6
     7   MR. RAMPTON:  About three weeks ago, I would have said yes.
     8        I am not so sure now.
     9
    10   MR. JUSTICE BELL:  Can we not work on the basis that unless and
    11        until there is some evidence to the contrary -----
    12
    13   MR. RAMPTON:  That is right.  Anybody who reads that
    14        records  -----
    15
    16   MR. JUSTICE BELL:  That kind of employee record we can assume to
    17        be a fair record of what happened.
    18
    19   MR. RAMPTON:  Yes.  I suppose that is right.  In Mr. Perret's
    20        case, of course, he will be giving evidence, so the
    21        Defendants will be able to ask him about it.
    22
    23   MR. MORRIS:  I only picked one out at random.  I was not going
    24        to ask any specific questions.
    25
    26   MR. JUSTICE BELL:  You work on the basis that the employee
    27        records are accurate, save where we hear some direct
    28        evidence to the contrary.
    29
    30   MR. MORRIS:  OK.  I will not ask any questions about them now
    31        anyway.
    32
    33        My last questions, I believe.  There are other matters in
    34        the rap session notes which I would like to put to
    35        Mr. Logan, as long as Mr. Rampton does not object; that
    36        will save me having to ask this witness.
    37
    38   MR. JUSTICE BELL:  No.  I do not think there is -- we will see
    39        what happens when we come to that.  I cannot see any point
    40        on that at the moment, Mr. Rampton.  You have made your
    41        point about the admissibility of what is on the record as
    42        evidence of the truth of what is recorded.
    43
    44   MR. RAMPTON:  If there were counsel on the other side, he would
    45        no better than to prompt or lead a witness by reference to
    46        documents to which he is not a party, to the events they
    47        described to which he is not a party.  It would save an
    48        enormous amount of time. It may not improve the value of
    49        Mr. Logan's evidence if, instead of asking Mr. Logan the
    50        questions, Mr. Morris just, as it were, shows him the 
    51        documents and asks him whether that is his experience. 
    52 
    53   MR. JUSTICE BELL:  Yes.  When we come to Mr. Logan, we will work
    54        out any problem we face then.  So far as Mr. Henden is
    55        concerned, you need not put any more.
    56
    57   MR. MORRIS:  Right.  Let me see if there are any further
    58        questions.
    59
    60   MS. STEEL:  Can I just ask you briefly to look at page 256 in

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