Day 277 - 10 Jul 96 - Page 58


     
     1
     2   Q.   No, this was a clever Steel answer and Morris gave the same
     3        one did he not?
     4   ?
     5        A.  No, it was not my idea, and if Mr. Morris gave the same
     6        answer it was no doubt because we were probably getting the
     7        advice from the same person -- well, he would have got
     8        advice from the same person.
     9
    10   Q.   Well, he would probably say the same thing?
    11        A.  I expect so because it is the truth.
    12
    13   MR. JUSTICE BELL:  Whatever advice you were given did it not
    14        occur to you that it might mislead those who read the
    15        answer?
    16        A.  No.  I mean, for all I know there could have been, you
    17        know, other things going on at 5 Endsleigh Street.  I don't
    18        know, that is what I was advised to put and that is what I
    19        put.
    20
    21   MR. RAMPTON:  Completely at random in your own mind in your own
    22        thoughts, about what impression this answer might give,
    23        yes, just doing blindly what you are told by somebody else,
    24        is that right?
    25        A.  Well, when I have asked some of your witnesses, Mr.
    26        Rampton, about why they did certain things when they were
    27        advised to do it why do not they do something else, as you
    28        have said, no, you know it is the, you know it is the
    29        lawyer that gives you the advice and you take it.
    30
    31   Q.   Even if it means that you are going to mislead other side
    32        and you know you are going to, you must have known that was
    33        a misleading answer must you not?
    34        A.  No, I do not consider that that is the case.
    35
    36   Q.   Okay.
    37
    38   MR. MORRIS:  Can I just say that it is up to Miss Steel not up
    39        to me.  I am not representing her, but any conversation
    40        that she has with anyone giving legal advice is privileged.
    41
    42   MR. JUSTICE BELL:  It is not.  She waived it.
    43
    44   MR. MORRIS:  I am saying it is up to her.  If she wants to
    45        refuse to answer the question on any other matter it is
    46        entirely up to her.
    47
    48   MR. JUSTICE BELL:  Well, I am sure you appreciate by now as a
    49        result of the argument we had, and probably Miss Steel does
    50        as well, that if you choose to say what your legal advice
    51        is you waive your privilege in respect of that piece of
    52        information and any person has the choice of saying, not
    53        answering, the question or waiving privilege because they
    54        wish to rely upon the fact or the assertion that what they
    55        did was as a result of legal advice.  But it does, if you
    56        take that route as you are entitled to, it means you
    57        forfeit it.  But there we are.
    58
    59   MR. RAMPTON:  Can we turn now, Miss Steel, to 8th February 1990?
    60        A.  Can I just add a further point, actually, that if I had

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