Day 147 - 04 Jul 95 - Page 39
1 will be contested and it is not something new."
2
3 In actual fact, Mr. Rampton muttered something about a
4 supplemental statement immediately after. It is not
5 anything new. It is, in fact, in my witness statement. If
6 Mr. Rampton had taken the trouble to read it properly, he
7 would have seen it there. I can point it out, if the court
8 wants me to.
9
10 MR. RAMPTON: My Lord, I took that to be somewhat ambiguous.
11 The fact that there was some sort contest on this issue is
12 not new, I quite agree. What I took that to mean is that
13 there was some good reason which Ms. Steel was not
14 presently willing to reveal. If I am told that there is
15 nothing which is not in her witness statement, then I am
16 perfectly content.
17
18 MR. JUSTICE BELL: The position is this: I have tried to be
19 understanding about any witness you call who goes beyond
20 what is in their disclosed witness statement, because
21 I suspect you will remember some months ago (and I thought
22 I saw a nod of acknowledgment from Mr. Morris at least)
23 that what had happened is that a number of people have been
24 approached; they have made, in effect, their own statements
25 on what they thought was relevant, and you have not had an
26 opportunity to speak to them in order to get an enlarged
27 statement. I am not talking about Ms. Hovi; we will put
28 her in a compartment of her own for the time being.
29
30 It has had a lot of ramifications because, having taken
31 that attitude in relation to your witnesses, it seemed
32 quite unfair for me to take a stricter attitude in relation
33 to McDonald's witnesses, even though McDonald's are legally
34 represented, because I have to be even handed.
35
36 But the same does not apply to you, yourselves, because you
37 can ask yourselves and each other at any time: "Now, that
38 is what is in my statement. When I get into the witness
39 box, if I do, and start giving evidence about whether I did
40 or did not participate in the publication of this leaflet,
41 what am I going to say?" When you think about what you are
42 going to say, you have to look at your statements and
43 say: "Is it there?" If it is not there, you have to write
44 it down in an additional statement and serve it on
45 Barlow's. Since it is your own evidence, it is not a
46 difficult exercise to go through.
47
48 MS. STEEL: No. OK, I will say what it is then. When I said
49 I do have a good reason for firm belief I was not handing
50 out the leaflet, I was referring to the last paragraph on
51 the first page of my statement where I said: "I do not
52 remember ever having handed out the leaflet complained of
53 in this action, as it was considered too lengthy to hand
54 out and it was my understanding that it was saved
55 specifically for persons who asked for more information
56 about McDonald's."
57
58 MR. JUSTICE BELL: In any event, I would like you to look at
59 your statements again and go through the exercise I have
60 just asked you to do, because if you then remember
