Day 139 - 21 Jun 95 - Page 63


     
     1        does and did not have any foundation for it as in this case
     2        Mr. Morris has none.  We know he has no witness about
     3        Puerto Rico, we know he has no documents and no foundation
     4        for this.  If counsel did that, he would very quickly be
     5        disbarred.
     6
     7   MR. MORRIS:  I think that is very unhelpful statement because we
     8        have just spent hour half an hour looking into the facts.
     9
    10   MR. JUSTICE BELL:  Just forget this argument.  If it is your
    11        case that a witness is lying, put it to him, but do not put
    12        it to them unless it is your case that they are lying.  If
    13        it is your case that, for some reason or another, their
    14        evidence is inaccurate, put it in gentler form.  Apart from
    15        anything else, if you had counsel acting for you, he would
    16        probably say: "Look you have a counterclaim which is
    17        alleging that you have been defamed by calling you a liar",
    18        and if you are very free and easy about your own
    19        allegations of people lying, what have I to make of that?
    20        It sounds as if allegations of lying are what one has for
    21        breakfast, lunch and supper.
    22
    23   MR. MORRIS:  It depends whether you are a corporate -----
    24
    25   MR. JUSTICE BELL:  Yes.  Bear in mind what I have said.  The
    26        other thing is that you should not shrink from putting to
    27        the witness that he or she is lying, if that is your case.
    28        Try and put it, granted that you are rather confined by the
    29        allegations, as civilly as you possibly can.
    30
    31   MR. MORRIS:  I think that, just to -----
    32
    33   MR. JUSTICE BELL:  Leave it there now.  Just bear in mind what I
    34        have said.  Do you have more to put on Puerto Rico?
    35
    36   MR. MORRIS:  No, no further questions on that.
    37
    38   MR. JUSTICE BELL:  I am going to adjourn now.  What I want you
    39        to do overnight is look through your notes for the topics
    40        which you have to come; and what I invite you to do, in
    41        relation to each topic, make sure you have clear in your
    42        own mind what the bottom line is in each case.  I have
    43        tried to identify it with regard to Puerto Rico and asked
    44        two or three questions of my own; for instance, the real
    45        reason for the original licensee default proceedings was
    46        not poor performance, but getting into bed with the union.
    47
    48        When you are looking at the areas which you are going to
    49        cross-examine about tomorrow, what I suggest you do is, you
    50        isolate what the nub of the allegation is and, when you 
    51        come to that, put that at the beginning, and then, if you 
    52        are dissatisfied with the answer in relation to it, 
    53        cross-examine on the matters which you are going to suggest
    54        to me in due course show why one should be dissatisfied
    55        with the answer.
    56
    57   MR. MORRIS:  Yes.  I think, though, it has to be borne in mind
    58        that you do not always get the same answer and effect in
    59        cross-examination.
    60

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