Day 205 - 17 Jan 96 - Page 50


     
     1        factual basis for accusations of lying or he must withdraw
     2        it in open court, as any respectable counsel would do, one
     3        or the other."  Then you responded and said at line 31: "If
     4        there is a specific matter which you are alleging this
     5        witness has lied about, you must put that to him
     6        specifically, not just 'That is a mistake or an error of
     7        some kind', but, 'You are not telling the truth on this
     8        particular matter'."
     9
    10        So, all I am saying is that when I brought this up at a
    11        later date when Mr. Rampton was making the challenge, I did
    12        not have that reference, but I was sure that I recalled
    13        something to that effect; and I was only suggesting that
    14        Mr. Rampton should do what he said we ought to do and, in
    15        fact, that we did at the time when Mr. Walker was in the
    16        witness box.  So, I do not know, it seems to be established
    17        what the practice should be now, I do not know; but we will
    18        not accuse anybody of lying unless we put some basis for
    19        it, and specifics.
    20
    21   MR. RAMPTON:   I have some things to raise.
    22
    23   MR. JUSTICE BELL:  Do you have any more?  I will just ask
    24        Mr. Morris and Ms. Steel: do you have any more?  I am going
    25        to come back to the question of leave for witnesses who are
    26        going to come.
    27
    28   MS. STEEL:  I wanted to mention about Mr. Fairgrieve.  I do not
    29        know whether you had have the letter of 13th October which
    30        I wrote to the Plaintiffs last year and their reply on
    31        15th December.
    32
    33   MR. JUSTICE BELL:  I will have them, but I am not sure where my
    34        correspondence bundle is.
    35
    36   MS. STEEL:  Unfortunately, I do not have a spare copy, although
    37        I can hand this up.
    38
    39   MR. JUSTICE BELL:  Which date is it?
    40
    41   MS. STEEL:   13th October last year.  You have the letter?
    42
    43   MR. JUSTICE BELL:  Yes.
    44
    45   MS. STEEL:   In the first paragraph, I asked about the document
    46        in appendix 5 to Mr. Fairgrieve's statement.  I did mention
    47        this in court, and you suggested that I raised it in a
    48        letter.  The questionnaire that the Plaintiffs gave us did
    49        not appear to be the correct one for the survey results
    50        which were at appendix 1.  The Plaintiffs replied on 
    51        15th December: "With regard to the comments you make in 
    52        paragraph 1, we have been attempting to speak with 
    53        Mr. Fairgrieve to ascertain whether or not the correct
    54        questionnaire has been provided.  As soon as we manage to
    55        take instructions, we will let you know the position."  A
    56        month has gone past and we have not heard anything.  So,
    57        obviously, we would like a response to that, and I believe
    58        we are still waiting on the correct questionnaire.  The
    59        second thing -----
    60

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