Day 171 - 11 Oct 95 - Page 46


     
     1        for instance, is hearsay or falls foul of some other rule.
     2
     3   MR. RAMPTON:  Of course, it is entirely a matter for your
     4        Lordship.  I was only trying to save time.  I do not
     5        particularly want to sit in court with Mr. Morris reading
     6        out stuff which we have all read before and can read again.
     7          It did seem to me a most frightful waste of time.  If
     8        your Lordship takes a different view, then I am silent.
     9        I cannot tell your Lordship you have no power to do it --
    10        that would be absurd -- no, of course not.  But that does
    11        mean, because I do read in many of Mr. Morris' witness
    12        statements a good deal that is wholly inadmissible, or at
    13        least I think it is unless he gives me some reason to think
    14        that I am wrong, I do need notice of all the statements
    15        which he intends to read tomorrow so that I can make my
    16        objection.  I need it now, not first thing tomorrow morning
    17        because I shall be cross-examining Mr. Pattinson tomorrow.
    18
    19   MR. JUSTICE BELL:  Let us come back to that in a moment.  The
    20        scheme I would like to follow is this, that either side has
    21        the option either of reading out a Civil Evidence Act
    22        statement -- and I am talking about witness statements now
    23        rather than documents -- or merely asking me to note
    24        specifically that it is in under the Civil Evidence Act;
    25        that as we come to each such witness, if there is an
    26        objection by the other side as to admissibility or part it
    27        is raised, if, in my view, it is quite clear that it is
    28        inadmissible I will direct that that part not be read.  If
    29        it seems to me that there is a substantial argument as to
    30        whether it is admissible or not, then we will just read the
    31        part anyway and sort it out in due course if it is of any
    32        importance.
    33
    34        I do think it is important, Mr. Morris, that some notice be
    35        given and this means you will be giving notice as well as
    36        you giving notice to Mr. Rampton so that there is time to
    37        apply one's mind to whether any kind of objection is made
    38        as to admissibility, and if we look at pale blue II you can
    39        probably help me about that now, can you not?  Have you got
    40        that, or the index to it, and tell me who----
    41
    42   MR. RAMPTON:  There are not very many.
    43
    44   MR. JUSTICE BELL:  No.
    45
    46   MR. RAMPTON:  Some of them are live witnesses.  There is Karen
    47        Anstee, Nicholas Magill ----
    48
    49   MR. JUSTICE BELL:  We have to bring in Rosemary Lovitt unless
    50        you have some objection to the recent notice. 
    51 
    52   MR. RAMPTON:  No.  I suppose I could demand that Mr. Morris go 
    53        on affidavit to satisfy me that he really cannot find ----
    54
    55   MR. JUSTICE BELL:  Quite frankly, having read the statement, it
    56        seems to me it is not worth arguing about.
    57
    58   MR. RAMPTON:  I quite agree.
    59
    60   MR. MORRIS:  I said in open court anyway what the situation is

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