Day 306 - 26 Nov 96 - Page 26
1 summary of what I said on day 275, pages 11 and 12.
2 I think it should be noted that Mr. Rampton did not in fact
3 cross-examine me about that matter which, which as far as
4 I can see, means that he is accepting what I said.
5
6 MR JUSTICE BELL: No, it does not mean that. If there is
7 clearly a dispute between evidence which has been given on
8 one side already and evidence which is given by the
9 particular witness, you don't have to challenge the witness
10 who is giving evidence later in the case. Otherwise,
11 trials would taken enormously longer than they do, and
12 quite unnecessarily so. What is important, and this is the
13 umpteenth time I have actually said this, is that when the
14 person who is first giving evidence on the topic gives
15 evidence you should put the challenge to that witness, or
16 those witnesses, on that side so they can deal with the
17 conflict, because otherwise they might not deal with it or
18 it might not be expressly put to them.
19
20 By the time you came into the witness box you knew that the
21 Plaintiffs' evidence was about what you were alleged to
22 have done on 16th October 1989, and you gave your evidence
23 of what you recall and what you disputed and there was no
24 need -- you could have done it if you wished but there was
25 no need -- for Mr. Rampton to expressly challenge you on
26 it. The judge has the issue of the evidence and he has to
27 decide upon it.
28
29 MS. STEEL: I can understand that you might not want to spend
30 hours going through every tiny little niggly point, but
31 I find it hard to accept that on such a fundamental point
32 of evidence Mr. Rampton does not have to put McDonald's
33 case on this matter, and challenged by evidence.
34
35 MR. JUSTICE BELL: You must accept it from me, there is no
36 point. The issue is quite out in the open; he can do it if
37 he had wanted, if he had done it I would not have stopped
38 him. But there is no need, because it is quite clear to
39 me, as the judge, that there is an issue on it which I am
40 going to have to decide. (Pause)
41
42 I must say, the CaseView transcript of what I have said has
43 got -- in case this is a matter of any importance, I can't
44 see how it possibly can be, because there is only one
45 answer to this -- it has not, in fact, got what I said
46 down.
47
48 MR. RAMPTON: My Lord-----
49
50 MR. JUSTICE BELL: I said, if Mr. Rampton had done it I would
51 not have stopped him.
52
53 MR. RAMPTON: Yes, that is right.
54
55 MR. JUSTICE BELL: But there you are. If you had been told to
56 the contrary, you have been misinformed.
57
58 MS. STEEL: The other part -- yes. Well, whether or not
59 legally Mr. Rampton has to challenge it, the point is we
60 still feel that it is significant that he did not challenge
