Day 058 - 30 Nov 94 - Page 43


     
     1        selectively quoted from as it normally is.
     2
     3   MR. JUSTICE BELL:  Yes, if you are putting propositions from the
     4        document, when you have finished, if Mr. Rampton has not
     5        got a copy, hand them either to him or Mrs. Brinley-Codd
     6        and then they have them in their possession.
     7
     8   MR. MORRIS:  Yes.  You can have them at the end of the day.
     9
    10   MR. JUSTICE BELL:  When I said put a proposition -- in case you
    11        come to this in the future -- you do not have to say where
    12        it has come from necessarily, all you can say is:  "Would
    13        you agree that" and then you can read from the quotes as if
    14        it is your own words you are putting to the witness to ask
    15        him if he would agree with it.
    16
    17   MR. MORRIS:  I think that in my limited experience in legal
    18        cases, being limited to this kind of case, limited to this,
    19        I would see that putting a reference to a witness has a
    20        dramatically greater effect than just asking him if they
    21        agree with some words in the abstract.
    22
    23   MR. JUSTICE BELL:  If may do, but if they are going to agree
    24        with it, it cannot possibly have a greater effect because
    25        you have the witness's agreement, you have the witness's
    26        evidence, that that is right which is all you can ever get
    27        from a witness anyway.
    28
    29   MR. MORRIS:  Yes, but they are more likely to agree that is
    30        right when it is something which is in black and white,
    31        surprisingly enough.  Can we move on to Finland -- I am
    32        sorry, I do not know where I am now.
    33
    34   MR. JUSTICE BELL:  Are you at the bottom of page 13 still on
    35        biodiversity?
    36
    37   MR. MORRIS:  Yes.  (To the witness):  I just want to hand you a
    38        document from the Committee for the Monitoring of
    39        Threatened Animals and Plants in Finland commissioned by
    40        the Ministry of Environment, is that OK?  It is a single
    41        sheet so it can all be seen by all parties.  I should have
    42        handed that this morning.
    43
    44   MR. JUSTICE BELL:  Yes, very well.
    45
    46   MR. MORRIS:  It is one of the ones I photocopied.  Would you
    47        read that to yourself, the abstract?
    48
    49   MR. JUSTICE BELL:  Yes, Mr. Morris?
    50 
    51   MR. MORRIS:  Are you aware in Finland about concerns for 
    52        threatened or endangered species? 
    53        A.  Yes, all of Europe now keeps a very close record on
    54        those which are in need of monitoring, those that are
    55        vulnerable and those that are endangered.
    56
    57   Q.   Would you say this is an accurate summary of the Finland
    58        situation, in your experience?
    59        A.  I would say that the facts as presented there by the
    60        Ministry of the Environment which were (and are still, as

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