Day 117 - 27 Apr 95 - Page 45
1 a lot of your evidence I can see that, but with some of it
2 I am going to need your assistance and the sooner I have it
3 in during speeches the better.
4
5 Now is not the moment to make a formal application in
6 relation to that, but that is the way I feel at the
7 moment. If you having made your speeches, having heard
8 Mr. Rampton, you say, "It had not occurred to us that this,
9 can we address you on that?" then I may well be amenable to
10 that, subject always to Mr. Rampton having the right of
11 reply. Until you persuade me otherwise we should follow
12 the normal procedure.
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14 We will come back to that sometime in July.
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16 MR. RAMPTON: May I say one thing about documents? The
17 Defendants, it appears, are unwilling to accept the
18 authenticity or veracity (the two things are not, of
19 course, the same) of some of the documents, I know not
20 which, that we have produced. If a challenge is made to
21 their authenticity it must be made at the time when the
22 document is disclosed. If a challenge is made to their
23 veracity or their admissibility because, for example, they
24 are computer produced, there are ways of dealing with such
25 an objection. I can deal with those objections if I know
26 what they are. It would not, in my submission, be
27 satisfactory to leave that to end of the case, unless your
28 Lordship was prepared to be elastic about the proper
29 procedures. Particularly with computer-generated documents
30 there is a well-known mechanism by which the contents of
31 those documents are rendered admissible in evidence.
32
33 MR. JUSTICE BELL: I think you should raise the question during
34 cross-examination on reflection rather than final speeches,
35 because once we get into final speeches there is no way
36 either side can say, "Well, in the light of that argument
37 I want to call some further evidence now." We have done
38 with the evidence by then. So, think about the documents
39 and use Mr. Nicholson as an example. If you are going to
40 take a particular stand in relation to a document that
41 I ought not to pay any attention to it, when we come to it
42 in cross-examination make it quite clear what your stand
43 is.
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45 We will resume at 10.30 on Monday morning.
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47 (The court adjourned until Monday, 1st May 1995).
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