Day 153 - 12 Jul 95 - Page 47
1 I was given the statement to refer to. I may have been
2 shown a page and I may have been shown the statement.
3
4 MR. JUSTICE BELL: Where are we going on this now? Mr. Davis
5 has said he cannot remember it, that he first had to think
6 back about to six years after it happened and he is not
7 disputing for a moment that it did happen.
8
9 MR. MORRIS: OK.
10
11 MR. RAMPTON: Can I enquire whether we have left the temperature
12 on a couple of cold days in the winter of 1987?
13
14 MR. MORRIS: Very likely.
15
16 MR. RAMPTON: If we have, then can I assume that what Mr. Alimi
17 says about it on pages 14 and 15 of his statement is now
18 abandoned? .
19
20 MR. MORRIS: You cannot assume -----
21
22 MR. JUSTICE BELL: No, I do not think you can make any
23 assumption.
24
25 MR. RAMPTON: My Lord, there are things there which definitely
26 ought to be put to Mr. Davis because they concern his
27 conduct and the propriety of his behaviour as Manager.
28
29 MR. JUSTICE BELL: Yes, let me just have a look.
30
31 MR. RAMPTON: My Lord, it is the second paragraph on 14 and the
32 top of page 15.
33
34 MR. MORRIS: I think we could take the opposite course, that as
35 Mr. Davis was swearing a statement in counter to our
36 witness statements that anything he did not specifically
37 disagree with in our statements which then, obviously, he
38 accepts.
39
40 MR. JUSTICE BELL: I am not making the assumption against you
41 that you have abandoned it because you have not put it, but
42 I do think you should put the detail. I appreciate that
43 you may not have done because it can get very tiresome if
44 you put, but wherever there is an allegation which is not
45 just say a matter of fact, but may actually reflect on the
46 character of the witness, I think you ought to put it.
47
48 MR. MORRIS: All I am saying is that Mr. Davis chose what he
49 wanted to disagree with when he did his statement, no doubt
50 under advice from the Plaintiffs. I do not see why we
51 should have to refer to every single incident mentioned in
52 our witness statements which he has countered. It would be
53 logical for us to assume that he agrees with all the things
54 that he has not specifically ------
55
56 MR. JUSTICE BELL: Certainly, if you get to speeches and make
57 that assumption, I am afraid you are going to be very
58 disappointed.
59
60 MR. MORRIS: No, I am just countering Mr. Rampton's -----
