Day 064 - 08 Dec 94 - Page 45


     
     1        various different nutrition pamphlets produced before
     2        1992.  Now he says he does not know anything about them, so
     3        is all of that evidence going to be completely disregarded,
     4        because if not then I will have to challenge it.
     5
     6   MR. JUSTICE BELL:  All of what evidence?
     7
     8   MS. STEEL:  All evidence he has given about nutrition guides
     9        prior to 1992.
    10
    11   MR. JUSTICE BELL:  I will look at just what evidence has been
    12        given.  All I am saying is, for all the work one puts in to
    13        preparing cross-examination, if when you come to start
    14        asking your questions you find a witness says:  "I do not
    15        know; I cannot help you", then there you are.  You are
    16        stuck with that.  You may at the end of the day say for one
    17        reason or another I should treat it as unreliable and, if
    18        it is unreliable, one is left with nothing.  There we are,
    19        but it does not help just to want to ask questions even
    20        though the witness is saying:  "I do not know".
    21
    22   MS. STEEL:  It is not that I want to questions.  It is that this
    23        was put to the witness in-chief and, really, if the
    24        Plaintiffs know that it is all hearsay they should not be
    25        putting it in front of the court.
    26
    27   MR. JUSTICE BELL:  You argue that in due course but we cannot
    28        have these arguments as to what conclusion may or may not
    29        be drawn in the middle of the witness's evidence.  It is
    30        premature.  You say to me in due course:  "He said this in
    31        evidence-in-chief but when I asked him in cross-examination
    32        it was quite clear that he had a very limited recollection
    33        because it was not his responsibility.  Therefore, attach
    34        no weight to what it was that he said in-chief".  That is
    35        the sort of argument.  It may fall on fertile ground, it
    36        may fall on barren ground, but during the witness's
    37        evidence is not the time to set your stall out in that way.
    38
    39   MS. STEEL:  That is the problem.  If it falls on barren
    40        ground -----
    41
    42   MR. JUSTICE BELL:  I am not going to indicate now.
    43
    44   MS. STEEL:  -- then in that case I need to cross-examine him
    45        more now, do I not?
    46
    47   MR. JUSTICE BELL:  No.
    48
    49   MR. MORRIS:  When did you become responsible for nutrition
    50        guides? 
    51        A.  When I took over the Communications responsibility at 
    52        the end of the first quarter 1992. 
    53
    54   Q.   Before that time did you actually know anything about the
    55        nutrition guides, where they were available, whether they
    56        were accurate, etc.?
    57        A.  Only from recollection.  I had no responsibilities so
    58        I did not specifically know, but from recollection of what
    59        went on, yes, I had a knowledge.
    60

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