Day 072 - 12 Jan 95 - Page 31
1 earlier observed, to call these people as witnesses; they
2 have not done so.
3
4 MR. JUSTICE BELL: Yes, if when we get to the end of Mr. Stump
5 you want me to explain what I see the status of the letters
6 is, do so. In fact, I will say something now; if
7 Mr. Rampton disagrees, I hope he will interrupt.
8
9 Obviously, the existence of the letter is evidence of the
10 fact that it was written. The fact that it is in the
11 bundle at all shows that it was received by McDonald's. It
12 is not evidence of the truth of the contents. There has
13 been no Civil Evidence Act Notice in relation, so far as
14 I am aware, to the letters and if there were a Civil
15 Evidence Act Notice there might be a counter notice
16 requiring you to call the person which would be valid
17 unless the person was, for instance, abroad.
18
19 In so far as you ask someone about the contents of the
20 letter and the concessions made by the McDonald's witness,
21 then obviously that may be evidence of the existence of
22 environment/index.html">litter, or something of that kind; call Mr. McIntyre, he
23 will give evidence from the witness box. But what at the
24 moment I do not think I can do is read Dr. Taylor's letter
25 and say that that is evidence that in or about September
26 1993 the regular McDonald's patrol system has broken down.
27 Do you understand?
28
29 MS. STEEL: It is evidence that they believe that it has broken
30 down, but not that it has broken down.
31
32 MR. JUSTICE BELL: No, I do not think it is. It is evidence of
33 the fact that they wrote that it had broken down and
34 nothing beyond that. I mean, if you can find an argument
35 to persuade me otherwise, I will very readily listen to it,
36 but -----
37
38 MR. RAMPTON: No, my Lord. One has to accept that it might be
39 that they believed it; it might be that it was a deliberate
40 lie. One has no way of telling.
41
42 MR. JUSTICE BELL: It is very tempting to say, well, no doubt
43 Dr. Taylor is very respectable and I would like to believe
44 what he had written, but as I see it at the moment I am not
45 legally able to do that.
46
47 MS. STEEL: I do understand that it is not evidence that the
48 environment/index.html">litter patrols were not in existence but, as I understood
49 it, it is evidence that the residents think that they are
50 not in existence.
51
52 MR. JUSTICE BELL: I do not think it is. That is partly why it
53 may be that Mr. Rampton is concerned about that and that is
54 why he raised the matter and that is why I brought it out
55 into the open.
56
57 MR. RAMPTON: My Lord, it was because Ms. Steel used the form of
58 words "seemed to believe" that I intervened when I did
59 because I thought she was drifting in the wrong direction;
60 as it turns out, I think I am right.
