Day 070 - 20 Dec 94 - Page 53
1 particular issues which you think I may not be aware of,
2 because if every time I look back in the Abstract of
3 Pleadings I will not see them there, then again mention
4 them to me. But do not feel it is going to be said against
5 you that is not a point which is pleaded provided that it
6 is in a disclosed statement, witness statement.
7
8 MR. MORRIS: OK. If we move on to the Defendants' witness
9 statements? We did serve some statements before but
10 I think it was just before a witness went in the witness
11 box so we never actually referred to them. You may
12 remember we served statements of Marie Lisa Hovey, the
13 Jarrett's veterinary surgeon. That has already been looked
14 at in evidence. It has been referred to in evidence. Then
15 I do not know, have you got that bundle? There was a small
16 bundle with hers at the top, about five statements.
17
18 MR. JUSTICE BELL: I think, in fact, I put it in the bundle
19 which was handed down a little earlier. Mr. Styles, I
20 think, gave someone my documents or did he take them away?
21
22 MR. RAMPTON: No, he confiscated them and gave them to
23 Mrs. Brinley-Codd, I think. She gave them to Mr. Hill.
24
25 MR. JUSTICE BELL: Tell me about it.
26
27 MR. MORRIS: Apart from her statement, then the next one is of
28 Hassen Lamti from France, from the local union in Lyon,
29 McDonald's. It is in French with a translation which I can
30 readily say may not be the world's best translation. We
31 certainly hope to call him and, hopefully, we will have to
32 work out something to get his translated, unless we all go
33 on a french speaking course before then. It might be
34 easier to get a translator.
35
36 MR. JUSTICE BELL: We may well be able to manage without a
37 translation of his statement, but if he is coming to -- is
38 he coming to give evidence or is that Civil Evidence Act?
39
40 MR. MORRIS: If we could formally put a Civil Evidence Act
41 notice on it on the grounds he is abroad, but we certainly
42 intend to call him.
43
44 MR. JUSTICE BELL: Right. If he is called and if his English is
45 not good enough for the witness box, you must arrange an
46 interpreter. The interpreter is sworn, there is an
47 interpreter's oath and stands by the witness and faithfully
48 interprets each question as it is asked and each answer as
49 it is given.
50
51 So, what you have to find out is whether he can manage in
52 the witness box. He can be reassured that we will do our
53 best to speak slowly and that we will say things more than
54 once, if necessary. But if you have any anxiety about him
55 being to able to stick up for himself in the witness box in
56 English, you must arrange an interpreter.
57
58 MR. MORRIS: Do they have to be a qualified interpreter because
59 that may be more difficult.
60
