Day 086 - 09 Feb 95 - Page 40


     
     1        informed what the document is.
     2        A.  I think it is a bit late, I am afraid.
     3
     4   Q.   I am sure it will not do any harm.
     5
     6   MR. JUSTICE BELL:  I cannot find mine for the moment.
     7
     8   MR. RAMPTON:  I believe Mr. Morris is making a farce of the
     9        rule, I really do.  It is not right to go to the document.
    10        The correct procedure is to ask a question, see what the
    11        witness's answer is and if Mr. Morris does not like the
    12        answer, then to ask him to look at the unidentified
    13        document.
    14
    15   MS. STEEL:  Can I just say that we brought up the other day
    16        about, I think it was, Order 23, Rule 7, I think it was,
    17        where if you serve a list they are deemed to be authentic
    18        unless the other side objects.
    19
    20   MR. RAMPTON:  My Lord, that is not the point.  Authenticity is
    21        not the same thing as admissibility.
    22
    23   MS. STEEL:  No, but it is an authentic document, so it is the
    24        document that Mr. Morris was talking about.
    25
    26   MR. RAMPTON:  No, that is not the point.
    27
    28   MR. MORRIS:  We are not relying as evidence until we call -----
    29
    30   MR. JUSTICE BELL:  Just let us take it one at a time.  You know
    31        the procedure.
    32
    33   MR. RAMPTON:  My Lord, the point is this.
    34
    35   MR. JUSTICE BELL:  Sit down for a moment, Ms. Steel, and then I
    36        will hear you when Mr. Rampton has finished.
    37
    38   MR. RAMPTON:  I know your Lordship knows what the rule is.
    39        I will, if necessary, go back to Phipson yet again; if
    40        necessary at some stage I will have to get out the old
    41        authority.  The rule is that if the document is
    42        inadmissible, whether or not it is authentic, no reference
    43        may be made to it unless and until the witness adopts it in
    44        some way or another.
    45
    46   MR. JUSTICE BELL:  Yes, thank you.  Put the matter of fact to
    47        him without referring to the document, first of all,
    48        please, Mr. Morris?
    49
    50   MR. MORRIS:  Are you aware that -- I did actually ask him, as a 
    51        matter of fact, whether it is ----- 
    52 
    53   MR. JUSTICE BELL:  Do not worry.  Start again and do it.
    54
    55   MR. MORRIS (To the witness):  Are you aware that the Public
    56        Health Laboratory Service investigated the Preston food
    57        poisoning incident of McDonald's in 1991?
    58        A.  I am because you told me a few minutes ago.
    59
    60   MR. JUSTICE BELL:  Were you aware until you heard Mr. Morris

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