Day 153 - 12 Jul 95 - Page 56
1 for that: that you may have some extra detail to put which
2 might help me to judge the credibility of the answer. When
3 I hear you put your case, I will be able to tell whether
4 you have got that extra detail, whether it is the simple
5 allegation or there is more.
6
7 MS. STEEL: I think, in terms of Mr. Stanton, there was not
8 more, I think because our witnesses referred to being told
9 it by Mr. Davis.
10
11 MR. JUSTICE BELL: I am going to be less concerned at the end of
12 the day if you have failed to reput something, provided the
13 witness has had an opportunity to deal with the allegation
14 in chief. What concerns me is if there is some serious
15 matter which a witness of yours is going to deal with which
16 has not been put to the Plaintiffs' witness, so that at the
17 end of the day there is a risk that I might find that the
18 particular Plaintiffs' witness's evidence was not credible
19 on that point when, in fact, they have had no opportunity
20 to deal with it and they might have had a very ready and
21 convincing answer.
22
23 Let us keep our feet on the ground, because this whole
24 argument only arose because Mr. Rampton stood up and, in
25 effect, said: "I would like that to be put if it is
26 persisted in." It is not too much to ask, in my view that,
27 when that happens, you put it. If you do not, I might feel
28 obliged to put it, and then I am, in effect,
29 cross-examining the witness in my own way rather than the
30 way in which you might prefer to do it.
31
32 MS. STEEL: OK. Can I just ask: is the situation the same the
33 other way round when our witnesses get in the witness box,
34 if Mr. Rampton does not bother to ask them questions about
35 something then, effectively, their evidence is
36 unchallenged?
37
38 MR. JUSTICE BELL: Whatever applies to you applies to
39 Mr. Rampton or Mr. Atkinson. Since I have said to you if
40 you do not put something, I will not assume that it is not
41 challenged, I have to be evenhanded, even though the
42 Plaintiffs are represented by competent and experienced
43 counsel, and I have to apply the same approach to them.
44
45 MS. STEEL: Right.
46
47 MR. JUSTICE BELL: The final word on this is: what I want to
48 avoid, if we possibly can, is any question of recalling
49 witnesses because one side or the other says, "Well, that
50 was not put and my witness may well have had an answer to
51 it."
52
53 Anyway, let us carry on on that basis now. At some stage,
54 deal with the question of the till and the fry boxes. If
55 I were you, I would deal with it now, while it is on
56 everyone's minds.
57
58 MR. MORRIS: (To the witness) Was that a practice which you
59 were aware may have been going on, that people were
60 squeezing fry boxes to get less chips in them?
