Day 130 - 26 May 95 - Page 79


     
     1        not done it -- may be one day I will get the chance -- on
     2        the old style grills, when you turn over or turn over the
     3        burger, which side of the burger was it that you touched?
     4        A.  Well, it was the one that had not previously been
     5        cooked, so that side of it was not.
     6
     7   Q.   So the side that had been touched would then be cooked; is
     8        that right?
     9        A.  Yes.
    10
    11   MR. RAMPTON:  My Lord, that is the end of my re-examination.
    12        I know your Lordship had something to say about
    13        Mr. Purslow.
    14
    15   MR. JUSTICE BELL:  I think I probably said it in saying I was
    16        going to say it.  (To the witness):  Thank you very much,
    17        Mrs. Barnes.  You are released unless you hear that it is
    18        required for you to come back.
    19
    20                       (The witness withdrew)
    21
    22        A large part of Mr. Purslow' statement includes his
    23        comments on what he has read in the statements of witnesses
    24        who may be called by Ms. Steel or Mr. Morris or whose
    25        statements may, I know not, be readable by me under the
    26        Civil Evidence Act in due course.
    27
    28        You will, in any event, have to consider to what extent you
    29        want to ask Mr. Purslow's comments on any of them, but it
    30        seems to me it is only relevant for me to know what
    31        Mr. Purslow thinks of them if, indeed, you choose to lead
    32        him on those matters at all in so far as he is going to
    33        bring some particular expertise to bear.  I would
    34        anticipate that you had that in mind anyway.
    35
    36   MR. RAMPTON:  I did, yes.
    37
    38   MR. JUSTICE BELL:  In some instances, for instance, he compares
    39        what is said in one part of the statement with what is said
    40        in another part and suggests they are inconsistent.  That
    41        is entirely a matter for me.
    42
    43   MR. RAMPTON:  It is an advocate's job.
    44
    45   MR. JUSTICE BELL:  Absolutely, but it is certainly not for an
    46        expert witness.  In a less pronounced way, he from time to
    47        time makes a comment which, if it be valid, would need no
    48        expertise to make it.  It is either good in ordinary common
    49        sense or it is bad in ordinary common sense.  I do not want
    50        to hear evidence in relation to matters like that from 
    51        someone who is put forward as an expert. 
    52 
    53   MR. RAMPTON:  I will say it now because it may help in the
    54        future; what I thought I would do -- if I change my mind,
    55        of course, I will tell your Lordship -- is what I have done
    56        with one or two other experts is ask your Lordship to
    57        receive his written statement as his evidence-in-chief --
    58        that means that your Lordship can discard any of the
    59        argumentative or common sense bits that your Lordship does
    60        not want; it will be there but it does not take up any

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