Day 153 - 12 Jul 95 - Page 53


     
     1        that something was not put, because you are representing
     2        yourselves.  It is quite right that that has the potential
     3        advantage, so far as time is concerned, that the matter is
     4        not delayed by putting everything, but in relation to some
     5        witnesses, anyway, I think we have to be a bit more careful
     6        about putting things.  That is especially so where the
     7        credit of a witness is involved where, in giving judgment,
     8        I may be put to deciding not just whose evidence is more
     9        reliable, but whether someone has actually been not telling
    10        the truth on his oath.
    11
    12        However that may be, there is only one safe course to take,
    13        if Mr. Rampton or Mr. Atkinson says, "I would like that put
    14        to this witness", and that is, whatever the general
    15        procedure has been so far, to put it.
    16
    17   MR. MORRIS:  Yes.
    18
    19   MR. JUSTICE BELL:  Mr. Rampton has a responsibility not just to
    20        conduct the case on behalf of the First and Second
    21        Plaintiffs, but also, to some extent, to give such
    22        protection as he properly can, such personal protection as
    23        he properly can, to any witness whom he calls, so that they
    24        do not take an unnecessary risk of being criticised by me
    25        in the future because something which, according to our
    26        normal rules of procedure, should be put was not put.
    27
    28        That is the way I see it.  So I think you can proceed on
    29        this basis, that I will not assume that you have abandoned
    30        an allegation because it is not put to a particular
    31        witness, that you must do your very best to put certainly
    32        the more serious allegations with which a particular
    33        witness can deal to that witness, that if there is an
    34        allegation which one of you anticipate one of your
    35        witnesses is going to make which actually reflects on the
    36        honesty and good faith of the witness, you should put it,
    37        and that if Mr. Rampton in effect says, "Well, now we are
    38        in a particular sensitive and important area here, so I
    39        would like the detail put", then you should do that.
    40
    41        It is not him telling you what questions you should ask; it
    42        is what would normally prevail; and all he is saying is,
    43        "Well, I would like all the proper formalities observed
    44        now we have got to this part of the case."
    45
    46   MR. MORRIS:  Yes.  The only thing I have to say is that,
    47        effectively, Mr. Davis has been called as rebuttal for the
    48        statements that we have brought forward from the Colchester
    49        store; and that is, in fact, the character of his
    50        statements, they are rebuttal statements. 
    51 
    52        If Mr. Rampton, for reasons best known to himself, or 
    53        Barlow Lyde & Gilbert did not originally ask Mr. Davis to
    54        comment on certain points and then, when he is in the
    55        witness box, did not in examination-in-chief put to him
    56        certain points that they knew would be coming up, then I do
    57        not think Mr. Rampton should be able to put the pressure on
    58        us, or it should be seen as something which crops up in
    59        this case quite a lot, about us being Defendants in person
    60        and, therefore, we cannot possibly expect to know the

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