Day 064 - 08 Dec 94 - Page 44


     
     1        precise historical account from somebody who was actually
     2        in charge of this of the availability of this various kind
     3        of literature in the stores throughout the period.  We
     4        cannot say what the evidence will be at the moment or who
     5        will give it, but that is our intention.
     6
     7   MR. MORRIS:  It does leave us in a difficult position because we
     8        are questioning witnesses now about these issues.
     9
    10   MR. JUSTICE BELL:  Yes.  All I am saying is that when a witness
    11        says they do not know, if you can put something to them
    12        which, for instance, they have written themselves which is
    13        inconsistent with that, well and good.  But the time comes
    14        when that is the witness's answer.  Whether it is a
    15        reliable answer or not is a matter for comment, perhaps
    16        considering other evidence in due course, but that happens
    17        to be this witness's answer.
    18
    19        It is this witness's answer that he is not relying upon any
    20        particular responsibility or any documentation.  It is just
    21        the best of his recollection, looking back what must be
    22        nine years, as to what he recalls being there.  So, the
    23        same comments apply.  The time comes when, having asked the
    24        question and got the answer, that is a part of the evidence
    25        and, in so far as it is important, we will have to look at
    26        the all of the evidence at the end of the day and see what
    27        it amounts to.
    28
    29   MS. STEEL:  Part of the problem is that Mr. Oakley in a number
    30        of areas has put things in his statement which, quite
    31        plainly, are not from his own evidence.  Then when we start
    32        asking questions about it, he says:  "I know nothing about
    33        it".
    34
    35   MR. JUSTICE BELL:  I am not looking at his statement save to the
    36        extent that I am actually referred to it, or you challenge
    37        him on some particular part of it.  You did that in
    38        relation to the force of some of the percentages of
    39        recycled fibre.  You do not have to fear that I will go
    40        hunting around in his statement for information which has
    41        not been brought out in the evidence.
    42
    43   MS. STEEL:  That is the problem.  I mean, some of this has been
    44        brought out in the evidence and, you know, what are we
    45        supposed to do apart from cross-examine on that?
    46
    47   MR. JUSTICE BELL:  You can ask the questions you have asked.
    48        All I am urging you is the time comes when you have an
    49        answer that the person says he does not know or that he got
    50        the information from somewhere else and he has no first 
    51        hand knowledge of his own, and that is that so far as that 
    52        witness's evidence is concerned.  It does not mean to say 
    53        I must accept what is said -- I may do, I may not -- one
    54        has to look at all the evidence at the end of the day.  It
    55        is unproductive and takes time to no avail just to keep
    56        asking again and again.  That is my only point.
    57
    58   MS. STEEL:   Part of the problem is -- the problem basically is
    59        I have prepared various questions based on Mr. Oakley's
    60        statement and on the evidence which he gave in-chief about

Prev Next Index