Day 117 - 27 Apr 95 - Page 45


     
     1        a lot of your evidence I can see that, but with some of it
     2        I am going to need your assistance and the sooner I have it
     3        in during speeches the better.
     4
     5        Now is not the moment to make a formal application in
     6        relation to that, but that is the way I feel at the
     7        moment.  If you having made your speeches, having heard
     8        Mr. Rampton, you say, "It had not occurred to us that this,
     9        can we address you on that?" then I may well be amenable to
    10        that, subject always to Mr. Rampton having the right of
    11        reply.  Until you persuade me otherwise we should follow
    12        the normal procedure.
    13
    14        We will come back to that sometime in July.
    15
    16   MR. RAMPTON:  May I say one thing about documents?  The
    17        Defendants, it appears, are unwilling to accept the
    18        authenticity or veracity (the two things are not, of
    19        course, the same) of some of the documents, I know not
    20        which, that we have produced.  If a challenge is made to
    21        their authenticity it must be made at the time when the
    22        document is disclosed.  If a challenge is made to their
    23        veracity or their admissibility because, for example, they
    24        are computer produced, there are ways of dealing with such
    25        an objection.  I can deal with those objections if I know
    26        what they are.  It would not, in my submission, be
    27        satisfactory to leave that to end of the case, unless your
    28        Lordship was prepared to be elastic about the proper
    29        procedures.  Particularly with computer-generated documents
    30        there is a well-known mechanism by which the contents of
    31        those documents are rendered admissible in evidence.
    32
    33   MR. JUSTICE BELL:  I think you should raise the question during
    34        cross-examination on reflection rather than final speeches,
    35        because once we get into final speeches there is no way
    36        either side can say, "Well, in the light of that argument
    37        I want to call some further evidence now."  We have done
    38        with the evidence by then.  So, think about the documents
    39        and use Mr. Nicholson as an example.  If you are going to
    40        take a particular stand in relation to a document that
    41        I ought not to pay any attention to it, when we come to it
    42        in cross-examination make it quite clear what your stand
    43        is.
    44
    45        We will resume at 10.30 on Monday morning.
    46
    47          (The court adjourned until Monday, 1st May 1995).
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