Day 205 - 17 Jan 96 - Page 50
1 factual basis for accusations of lying or he must withdraw
2 it in open court, as any respectable counsel would do, one
3 or the other." Then you responded and said at line 31: "If
4 there is a specific matter which you are alleging this
5 witness has lied about, you must put that to him
6 specifically, not just 'That is a mistake or an error of
7 some kind', but, 'You are not telling the truth on this
8 particular matter'."
9
10 So, all I am saying is that when I brought this up at a
11 later date when Mr. Rampton was making the challenge, I did
12 not have that reference, but I was sure that I recalled
13 something to that effect; and I was only suggesting that
14 Mr. Rampton should do what he said we ought to do and, in
15 fact, that we did at the time when Mr. Walker was in the
16 witness box. So, I do not know, it seems to be established
17 what the practice should be now, I do not know; but we will
18 not accuse anybody of lying unless we put some basis for
19 it, and specifics.
20
21 MR. RAMPTON: I have some things to raise.
22
23 MR. JUSTICE BELL: Do you have any more? I will just ask
24 Mr. Morris and Ms. Steel: do you have any more? I am going
25 to come back to the question of leave for witnesses who are
26 going to come.
27
28 MS. STEEL: I wanted to mention about Mr. Fairgrieve. I do not
29 know whether you had have the letter of 13th October which
30 I wrote to the Plaintiffs last year and their reply on
31 15th December.
32
33 MR. JUSTICE BELL: I will have them, but I am not sure where my
34 correspondence bundle is.
35
36 MS. STEEL: Unfortunately, I do not have a spare copy, although
37 I can hand this up.
38
39 MR. JUSTICE BELL: Which date is it?
40
41 MS. STEEL: 13th October last year. You have the letter?
42
43 MR. JUSTICE BELL: Yes.
44
45 MS. STEEL: In the first paragraph, I asked about the document
46 in appendix 5 to Mr. Fairgrieve's statement. I did mention
47 this in court, and you suggested that I raised it in a
48 letter. The questionnaire that the Plaintiffs gave us did
49 not appear to be the correct one for the survey results
50 which were at appendix 1. The Plaintiffs replied on
51 15th December: "With regard to the comments you make in
52 paragraph 1, we have been attempting to speak with
53 Mr. Fairgrieve to ascertain whether or not the correct
54 questionnaire has been provided. As soon as we manage to
55 take instructions, we will let you know the position." A
56 month has gone past and we have not heard anything. So,
57 obviously, we would like a response to that, and I believe
58 we are still waiting on the correct questionnaire. The
59 second thing -----
60
