Day 188 - 15 Nov 95 - Page 59


     
     1   MR. MORRIS:  Actually we have found it.
     2
     3   MR. JUSTICE BELL:  I think, in case it is not clear, if
     4        Ms. Tobin wants to stay, of course she is perfectly at
     5        liberty to do so, but there is no need for her to do so.
     6
     7   MR. MORRIS:  I have explained, yes.  We have found our notes on
     8        which bits Mr. Rampton was objecting to, so if we can just
     9        be given a bit of time we will just -- maybe if you could
    10        indicate the ones which you want help from us on.
    11
    12   MR. JUSTICE BELL:  Let me just look.
    13
    14   MR. MORRIS:  I think it starts on page 2.
    15
    16   MR. JUSTICE BELL:  I have not got anything marked on page 2.  My
    17        first marking is page 4.
    18
    19   MR. RAMPTON:  That is right.  My Lord, I did mention a short
    20        passage, a phrase between hyphens on page 2, but your
    21        Lordship said at the time perhaps it did not matter very
    22        much, so I left that and went straight to page 4.  My
    23        principal objection on page 4 is to the whole of the first
    24        paragraph and to the first two sentences of the second
    25        paragraph, which is a combination of rumour, hearsay and
    26        speculation on the part of the witness.
    27
    28   MR. MORRIS:  Well -----
    29
    30   MR. JUSTICE BELL:  Just pause a moment.
    31
    32   MR. RAMPTON:  It is not inviting the Defendants to reply to that
    33        now.  I am just identifying the parts that I objected to.
    34
    35   MR. JUSTICE BELL:  I need not trouble you about that because
    36        I made a note of Mr. Rampton's argument.  I am minded to
    37        take the view that it is admissible, but the question of
    38        weight may be entirely another matter.
    39
    40   MR. RAMPTON:  Then my next objection was -----
    41
    42   MR. JUSTICE BELL:  I will not make formal rulings on these
    43        matters.  I will just say as we come to them, and if anyone
    44        wants me to make a ruling with reasons, clear reasons,
    45        I will do so but otherwise not.
    46
    47   MR. RAMPTON:  My Lord, my next objections are on page ten, the
    48        two middle paragraphs.
    49
    50   MR. JUSTICE BELL:  I have got on page 7 ---- 
    51 
    52   MR. RAMPTON:  No, did I say something about page 7?  Yes, your 
    53        Lordship is quite right.  Kevin -- I submitted, I think,
    54        must clearly go.
    55
    56   MR. JUSTICE BELL:  I need you to address me, Mr. Morris, on the
    57        words from part of the statement on page 7 from, "Kevin
    58        volunteered" -- that is the end of the second line -- down
    59        to "recognised it instantly", because that appears to me to
    60        be hearsay, plain hearsay.

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