Day 079 - 27 Jan 95 - Page 68


     
     1   MR. JUSTICE BELL:  If you are suggesting that Mr. Walker is
     2        lying, you must put to him the respect in which he is
     3        lying.  There is no getting round it because otherwise if
     4        you come in your final submissions to say to me:  "We
     5        suggest that Mr. Walker was lying" and I say:  "In what
     6        respect?", and you tell me a respect, then I say:  "Look,
     7        I gave you the opportunity to put that to him and you did
     8        not".
     9
    10   MS. STEEL:  I think we would have to go through this.  Dave
    11        actually did say:  "I do not believe McKey's takes
    12        thousands of samples".  We have been through how many
    13        samples were being taken, so it has been put basically.
    14
    15   MR. JUSTICE BELL:  But, you see, people can be mistaken,
    16        genuinely mistaken.
    17
    18   MR. MORRIS:  Yes.  Could it be that you are mistaken as to the
    19        volume of samples of finished products -- sorry, I have
    20        lost my train of thought.
    21
    22   MR. JUSTICE BELL:  Can I say this to you?  If, on reflection,
    23        you think it was a symptom of Friday afternoon that you
    24        said what you did, and what you are really saying is that
    25        one way or another that is not what happens, I think you
    26        should just say, if it be so:  "I am sorry I accused you of
    27        lying; all I meant to suggest was that in various respects
    28        what you have said happened does not" for whatever reason.
    29        There is no shame in doing that.  Enough barristers say
    30        things which they later regret and, therefore, I have
    31        sympathy for litigants in person who might do exactly the
    32        same thing.  But one needs to know while Mr. Walker is in
    33        the witness box whether it is actually an allegation of
    34        lying or it is an allegation:  "Things do not always happen
    35        the way you have said" for whatever reason.
    36
    37   MR. MORRIS:  Do you feel that there is any way that you could be
    38        mistaken about the volume of the testing of finished
    39        samples that is done at McKey's?
    40        A.  No.
    41
    42   Q.   That is both for general bacteriological testing and E.coli
    43        testing?
    44        A.  Yes, and cooking.
    45
    46   Q.   And?
    47        A.  And cooking.
    48
    49   Q.   Shall we continue with the cross-examination?
    50 
    51   THE WITNESS:  No.  I would like an apology, my Lord. 
    52 
    53   MR. JUSTICE BELL:  No, you cannot demand an apology.  I cannot
    54        demand an apology.  All I can ask you again, if you are
    55        actually -----
    56
    57   MR. MORRIS:  I have not directly -----
    58
    59   MR. JUSTICE BELL:  I think you have, in fact.
    60

Prev Next Index