Day 260 - 11 Jun 96 - Page 24
1
2 MR. RAMPTON: My Lord, I do believe, before Mr. Morris leaves
3 this, at some stage -- and I do not really mind when it is,
4 but it has to be before Mr. Bishop leaves the witness
5 box -- your Lordship is entitled to know, and I believe
6 I am entitled to know, what parts of Mr. Bishop's
7 statements which are based on his notes are actually
8 challenged by the Defendants, because on one view there is
9 quite a lot of damaging material.
10
11 MR. JUSTICE BELL: Whether it is damaging or not, Mr. Morris, if
12 you leave the matter there, it is all very interesting, the
13 suggestion that it is hearsay and that he did not speak to
14 whoever was on the phone, but I am quite interested to know
15 whether there is an issue about it, you see -- because if
16 there is not an issue, that is one thing; if there is an
17 issue, I obviously have to wait and see what other evidence
18 there is, in case it is important.
19
20 It is quite true that Mr. Bishop cannot say whether it was
21 you, but it is a matter of convenience, so that one can
22 understand where the issues are as the case unfolds, if you
23 just put it. It is quite true that -- you might not be
24 able to answer -- but if you just say, "I suggest that
25 I did not in fact phone. Do you have any further comment
26 to make", that gives him an opportunity to bring out
27 anything, and it makes it clear to me where the issue is.
28
29 MR. MORRIS: As far as I can see, I do not have to challenge or
30 even think about any evidence that is not admissible; and
31 if it turns out as I believe, that that whole evidence is
32 not admissible, we can all forget about it and move on.
33 I do not know, I cannot remember exactly -----
34
35 MR. JUSTICE BELL: That is not very helpful as far as I am
36 concerned, because I hear the cross-examination and then I
37 have to wait maybe three or four weeks to find out whether
38 or not there is an issue about it, and that is an
39 intolerable task for a judge. It is much easier to know
40 whether there is an actual issue of fact or not. I mean,
41 Mr. Rampton, if you give evidence, he may ask you about it
42 and I might as well know now rather than having to wait ---
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44 MR. MORRIS: I have not really thought it about.
45
46 MR. JUSTICE BELL: -- doing my desperate best to control my
47 overwhelming interest in the issue, to know whether there
48 is an issue or not.
49
50 MR. MORRIS: I do not know what the issue is. I do not know why
51 the Plaintiffs have put it in, unless they are having some
52 kind of sly -----
53
54 MR. JUSTICE BELL: I would like you to put a challenge, if there
55 is one.
56
57 MR. MORRIS: I do not know at this stage.
58
59 MR. RAMPTON: I said what I did for this reason: the Defendants
60 amended their Defence to allege a course of conduct by the
