Day 198 - 08 Dec 95 - Page 42
1 MR. RAMPTON: It is kind of your Lordship to say so. I was not
2 going to say it quite like that. What I can certainly do
3 -- if the actual words that were spoken and that were
4 used, and sometimes they are, then I would adopt your
5 Lordship's suggestion of actually, as it were, passing over
6 the whole of the transcript.
7
8 MR. JUSTICE BELL: I think that is the thing to do. If there is
9 going to be close cross-examination on the actual words
10 used, it seems to me that a transcript of the whole of that
11 person's evidence ought to be handed over. If it is just:
12 "Do you remember saying this?" to which the witness will
13 probably say: "Yes I do", I do not see any need to refer
14 to the transcript at all.
15
16 MR. RAMPTON: No. I accept that, I hope your Lordship also
17 accepts that I would never intentionally be selective about
18 the bits that I chose, but one does overlook things, it is
19 perfectly true, and there may be some other bit which, as
20 it were, corrects or modifies the picture.
21
22 MR. JUSTICE BELL: No, it never crossed my mind you were being
23 selective. It is just that if the other party does not
24 have the whole transcript of that evidence, they are at a
25 disadvantage being able to point out to the witness in
26 re-examination something which was slightly different.
27
28 MR. RAMPTON: Yes. I am grateful to your Lordship. I hope your
29 Lordship did not mind my raising it?
30
31 MR. JUSTICE BELL: No. Thank you. Mr. Brett, 10.30 on Monday.
32
33 (The court adjourned until 10.30 on Monday, 11th December
34 1995)
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