Day 034 - 11 Oct 94 - Page 61


     
     1        have a copy of the book if he is going to be asked lots
     2        questions about it?
     3
     4   MR. JUSTICE BELL:  Yes.  If something in the book is going to
     5        be put, then he may do.  Can I just explain one thing
     6        about where matters are put in cross-examination, not so
     7        much to explain what Mr. Rampton has done but in case you
     8        want to explain it.  If something, for instance, has been
     9        read in a paper quoting the witness, let us suppose there
    10        was a newspaper article -- this is not apropos what
    11        Mr. Rampton said -- it may just be a report of something
    12        which has been alleged to have been said on television,
    13        you can put to the witness:  "Did you say something to
    14        this effect?"  You can go on, if you want to say:
    15        "I suggest the exact words were these".  If the witness
    16        says "yes" or words to that effect, then that is in
    17        evidence that he has accepted he says that.  One can look
    18        at whether it advances any of the issues in the case or
    19        not in due course.
    20
    21        If the witness says: "No" and that statement is not proved
    22        by other admissible evidence in due course, it falls
    23        away.  You need not concern yourself that something which
    24        Mr. Rampton puts to a witness which is not accepted by the
    25        witness and not proved in any way, will go into my mind as
    26        evidence of the truth of it, because saying it is so does
    27        not make it so.
    28
    29        The same applies to you.  You are entitled to put to a
    30        witness in cross-examination:  "Did you say this?" even if
    31        you do not have admissible evidence that it was said.  If
    32        they accept that they said it, then it is in evidence.  If
    33        they do not accept that they said it and you do not have
    34        other evidence of it, it falls away and disappears from
    35        the case.  If you have other evidence on it, you can set
    36        about proving it.
    37
    38   MS. STEEL:  I was particularly concerned about the use of
    39        "these are the exact words".
    40
    41   MR. JUSTICE BELL:  I think that was just shorthand for saying
    42        "I suggest that these were the exact words", that is
    43        all.  I have raised it not really apropos what Mr. Rampton
    44        said, but so that you understand what you are entitled to
    45        do in cross-examination yourself, if you want to, in the
    46        future.  Anyway, you understand what I have put to you?
    47
    48   MS. STEEL:  I am a bit concerned about things like -- I do not
    49        know whether you were given a copy of this file or not --
    50        the file of papers for Dr. Barnard.  Were you given a copy 
    51        of the file? 
    52 
    53   MR. JUSTICE BELL:  Yes, I was.  I had the very briefest look at
    54        it last night.  I did not read it through.  What concerns
    55        you about that?
    56
    57   MS. STEEL:  It is just, obviously, we discussed it previously
    58        and it is just whether, because obviously there is a lot
    59        of controversial stuff in there that Dr. Barnard does not
    60        accept, if it is not put to you by -- if it is not put to

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