Day 204 - 15 Jan 96 - Page 24
1 MR. JUSTICE BELL: Do not answer that question. It is not one
2 which the witness can usefully answer. I am just going to
3 consider the answers which all the witnesses give
4 purportedly from their own experience and decide what
5 I think is the most likely course of events. It is not for
6 the witness to speculate about that. It is for the judge
7 to form his own judgment on it.
8
9 MR. MORRIS: Can I say that I want to give the witness an
10 opportunity to say, if I was going to accuse him of being a
11 liar, whether he was mistaken or he did not remember
12 everything.
13
14 MR. JUSTICE BELL: You do not need to do that. If you are going
15 to accuse him of lying rather than saying what he observed
16 rather than what other people may have observed, you put it
17 to him. Think, first of all, whether you need to, but you
18 put it to him, if you feel you must.
19
20 MR. MORRIS (To the witness): Can you categorically say that the
21 watering down of food products which you did not -----
22
23 MR. JUSTICE BELL: No, do not answer that. It is just another
24 way of what you have put before. If you want to suggest
25 that he is lying rather than being mistaken or only
26 speaking of his own experience, put it to him, but what you
27 are asking him to answer now is really a comment which in
28 due course you may make to me.
29
30 MR. MORRIS: OK, I will leave it.
31
32 MR. JUSTICE BELL: Yes, I would. There is no need to pursue
33 it.
34
35 MR. MORRIS: No further questions.
36
37 MR. RAMPTON: I have no re-examination, my Lord.
38
39 MR. JUSTICE BELL: Yes, thank you, Mr. Harney.
40 A. Thank you.
41
42 (The witness withdrew)
43
44 MR. JUSTICE BELL: I said that Mr. Davis did not need to be here
45 until 2.00. I gather from an enquiry which Mr. Riley made
46 on my behalf of Mrs. Brinley-Codd that is when he is
47 expected. It is not anticipated that he will come
48 significantly earlier?
49
50 MR. RAMPTON: No, I do not think he will, my Lord, no. He comes
51 some distance -- I forget where from.
52
53 MR. JUSTICE BELL: Yes. So be it. I do not want to embark on
54 anything which involves any argument because I do want to
55 start Mr. Davis at 2 o'clock, but are there any things on
56 Mr. Morris' list which are really just for discussion, as
57 it were, which we might deal with or embark upon in the
58 next few minutes? If there are not, then I will rise and
59 we will resume at 2 o'clock with Mr. Davis' evidence.
60
