Day 172 - 12 Oct 95 - Page 57
1 of what the young woman said?
2
3 MR. RAMPTON: That is right.
4
5 MR. JUSTICE BELL: But they may be admissible as to the fact
6 that they were said to Mr. Magill, in order to be part of
7 -- if I say raes gesti, it is all just confusing -- but as
8 background to what he then says he did or what he said to
9 her?
10
11 MR. RAMPTON: Yes. If a man suddenly takes a decision to get a
12 union going in a restaurant (assuming anything he says is
13 true), assuming in his favour that that is true, then he is
14 entitled to say why he did it and what the reaction of
15 Management was, and so on and so forth. If one of the
16 reasons why he did it was, "I was told by this black girl
17 that I saw had this awful scar", etcetera, put like that it
18 is unobjectionable. If it is tendered as evidence of the
19 fact that she had the accident, then it is not admissible
20 and it is objectionable.
21
22 MR. JUSTICE BELL: Provided Ms. Steel and Mr. Morris want to rely
23 on it ---
24
25 MR. RAMPTON: For the first purpose.
26
27 MR. JUSTICE BELL: -- for the first purpose, it has to go in.
28
29 MR. RAMPTON: It has to, yes. I cannot object to it. But
30 I make an objection on all grounds so far as the top of
31 that other page that I mentioned was concerned -- I think
32 it was page 4, the bit about Kevin, and the first part of
33 the second paragraph on page 4, unless it be said, Oh,
34 well, he is only explaining his beliefs and that is why
35 (inaudible).
36
37 MR. JUSTICE BELL: I am not going to ask you to reply to this
38 this afternoon.
39
40 MR. RAMPTON: I thought it might be useful to explain that
41 difference ---
42
43 MR. JUSTICE BELL: Just pause for a moment.
44
45 MR. RAMPTON: -- in the quality of hearsay evidence. I do not
46 want Ms. Steel standing up in a month's time saying:
47 "Mr. Rampton never objected to that." (Pause) Maybe your
48 Lordship is looking at the same passage as I am.
49
50 MR. JUSTICE BELL: I was just wondering whether it might help
51 Ms. Steel and Mr. Morris if I had a copy of Chapter 21 of
52 Phipson which is on the rule against hearsay. What
53 I suggest you do is -- I think it is probably just as well
54 that you have one, unless you specifically say you do not
55 want it.
56
57 MR. MORRIS: No.
58
59 MR. JUSTICE BELL: It is about 26 pages of Phipson.
60
