Day 107 - 24 Mar 95 - Page 21
1 MR. JUSTICE BELL: You just picked out -- your source was parts
2 of the report.
3
4 MR. MORRIS: Yes, I was going to do that.
5
6 MR. JUSTICE BELL: You think that the PHLS report in itself is
7 particularly important. I have tried to explain the light
8 in which I view it. Are you not actually able to get
9 advice from some person in relation to it?
10
11 MR. MORRIS: We find it hard to get advice. To be honest, there
12 are 100 things we need to get advice on that are building
13 up.
14
15 MR. JUSTICE BELL: I dare say there is, but it is apparent from
16 the number of times this crops and the apparent distress it
17 has caused Ms. Steel this morning, that you feel
18 particularly strongly about this, so I would have thought
19 if it really does matter at the end of the day -----
20
21 MR. MORRIS: We are happy for it not to be considered as
22 evidence in itself for the purposes of examining our
23 witness at this moment, although we still believe about the
24 Civil Evidence Act Notice, but that is another matter.
25 But, the point is we just want to be able to have the
26 witness look at the document and make some comments, you
27 know -----
28
29 MR. JUSTICE BELL: You see, you may think it is technical but
30 that is where you cross over the line.
31
32 MS. STEEL: I just want to say something in respect of what you
33 have just said. I have not got anything especial about
34 this document that I am getting distressed about it. It is
35 the frustration at being -- we try to get things running
36 smoothly and we keep getting interrupted; there is this
37 objection and there is that objection.
38
39 MR. JUSTICE BELL: I do not think you do keep getting
40 interrupted. Mr. Rampton is entitled to take objection to
41 something you wish to do on evidential grounds, just as you
42 are in relation to him. I have to rule on it when it
43 happens.
44
45 What I suggest you do, I will take the five-minute break
46 now (which, if you want longer you shall have it) and
47 I suggest that you use part of the break to go through and
48 elicit the matters you want to put as hypotheses to
49 Mr. North, to ask his reaction to it. Then we will see
50 where that takes us.
51
52 There is absolutely no reason why Mr. North should not
53 refresh his memory of the report in the meantime, because
54 he is entitled to refresh his memory of any document he
55 wants, whether it is admissible in evidence or not.
56
57 MR. RAMPTON: But, My Lord, I hope your Lordship is not
58 intending by saying that that the Defendants should discuss
59 the report with Mr. North during the break?
60
