Day 260 - 11 Jun 96 - Page 26


     
     1        Carry on on Mr. Morris's point.  It is a little more
     2        difficult with Mr. Morris's point, because at least
     3        Mr. Bishop can answer those questions if you put them. What
     4        he cannot, I suppose, give any particularly useful answer
     5        to is if Mr. Morris puts to him, "I suggest that I did not
     6        in fact phone", because Mr. Bishop's knowledge runs out
     7        there.  I suppose he might say, "Well, it is true I did not
     8        hear who was on the other end of the telephone, but Marion
     9        turned round and said 'Dave wants to know this'."  So,
    10        further information may come out.
    11
    12        But the point is, it is an opportunity to make it clear to
    13        the judge whether there is an issue or not on whether
    14        Mr. Morris did phone.  Counsel habitually use those
    15        opportunities to make it clear where there is an issue on
    16        detail.
    17
    18   MS. STEEL:   Right.  I cannot remember the specific conversation
    19        and exactly what I said, but I would just as a -- I know
    20        categorically that I do not act under other people's
    21        instructions, I do not act under Dave's instructions, and
    22        that I would not have come along and said it in that kind
    23        of manner, that I was acting under those instructions.
    24
    25   MR. JUSTICE BELL:  What you might want to put is: "Are you sure
    26        I did not say, 'I think Dave might well want to know what
    27        the meeting is next week'", which would mean you thought
    28        that he would want to know, but had not been actually asked
    29        by him to find out.  I cannot make your case for you.
    30        I just want you to put it to the witness.
    31
    32   MS. STEEL:  I cannot put something that, you know, I cannot
    33        recall the specific event.  If I could just explain
    34        further?
    35
    36   MR. JUSTICE BELL:  Then you raise the query in this way,
    37        I suggest: "Are you sure that I said anything about any
    38        interest expressed by Dave", which really just trails your
    39        coat and tells me that you are not accepting it, but you
    40        have no positive evidence to the contrary.
    41
    42   MS. STEEL:  The point I am trying to get at is that I would not
    43        act under somebody's instructions, i.e., specifically going
    44        to find out information for them.  If I bumped into someone
    45        in the street and they said to me, "Do you know what is
    46        going on next week", then I might very well turn up at the
    47        meeting and say, "So and so was interested to find out what
    48        was going on next week", and that was, you know -- the
    49        witness that is here may, you know, may have -- I might
    50        have turned up and said, "Dave was interested to know what 
    51        was going on next week", but it is just that I would not 
    52        have been doing it as acting under his instructions.  I do 
    53        not really know how I can put that to the witness, beyond
    54        saying that.
    55
    56   MR. JUSTICE BELL:  You need not bother to go any further now,
    57        because you have made it clear to me what your position
    58        is.  But if you even think that you might not have said
    59        some words like "Dave wants to know what is going on next
    60        week" -- forget whether he had given you some order or

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