Day 107 - 24 Mar 95 - Page 12


     
     1        all was dealt with, and it has not been.
     2
     3   MS. STEEL:  But that was a long time ago now and they have not
     4        objected to it.
     5
     6   MR. JUSTICE BELL:  Do not refer to the report, because again,
     7        you see, you make a rod for your own back every time you
     8        refer to the report because it looks as if it is just a way
     9        of reading from the report.  If you pick up the report,
    10        hold it in your hand and say:  "If X happened, what would
    11        you say?" I am prepared to hear the answer.  That may be
    12        going further than I should but I am prepared to hear the
    13        answer.  But every time you, as it were, seek to bring out
    14        that it is in the PHLS report, you bring me back, as a
    15        Judge, to the technicalities of it.  You can easily avoid
    16        that.
    17
    18   MS. STEEL:  The thing is that this document is not just about
    19        the Preston incident; it has ramifications for the whole
    20        system.  If Mr. North feels he has something to say about
    21        that, then he should be allowed to give that evidence.  It
    22        is a scientific report.  I do not see there is any
    23        difference between that and any other scientific report.
    24
    25   MR. JUSTICE BELL:  I am not going to keep giving decisions on
    26        this.
    27
    28   MR. RAMPTON:  May I say this, if Mr. North is proposing to make
    29        scientific or expert comments on the Preston report, it
    30        ought to be in a statement or report of evidence served on
    31        us some very considerable time ago -- and it has not been.
    32
    33   MR. MORRIS:  That is absolute rubbish, because Mr. North
    34        referred to the incidents, I believe the Preston incident
    35        by name in his original report.
    36
    37   MR. JUSTICE BELL:  Refer me to that and we can see how far he
    38        went into it.
    39
    40   MR. MORRIS:  I believe I might have the wrong .....
    41
    42   MR. JUSTICE BELL:  We cannot abandon normal procedures for the
    43        sake of one particular case.
    44
    45   MR. MORRIS:  The Plaintiffs have disclosed documents of Richard
    46        North; their scientific documents include references to
    47        investigations.  Here is an investigation that is not an
    48        academic investigation.
    49
    50   MR. JUSTICE BELL:  I will either stop you dealing with it 
    51        altogether or you can follow the course I have just 
    52        suggested which will be just as efficient.  I do not know 
    53        whether you have gone away to take advice on this.  You
    54        find it difficult to accept my ruling, but you do not come
    55        back with any argument which you have not presented before.
    56          So, my ruling is bound to stay the same.
    57
    58   MR. MORRIS:  With respect, first of all, we are guided by the
    59        discussion that has been had in this court.
    60

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