Day 043 - 01 Nov 94 - Page 77


     
     1        has to be a break in his evidence, to have that now and go
     2        on with Mr. Green.
     3
     4   MS. STEEL:  We can say something on that.  I just want to come
     5        back on this, because I am worried about it.  Various
     6        experts have referred to various surveys and studies.  This
     7        has not come up before, that an expert has to prove every
     8        study and survey they want to refer to.  Then we had the
     9        surveys referred to by Mr. Fairgrieve, who is not even an
    10        expert, which were done by Fasttrack.  I cannot remember
    11        the name of the other organisation.  I mean, we are trying
    12        not to be awkward really.  I do not think there would be
    13        anything to be gained by forcing someone from Fasttrack to
    14        come to this court to say: "Yes, we did this survey".
    15        I think it would be a waste of everyone's time.
    16
    17   MR. JUSTICE BELL:  We have to take it step by step.  I am
    18        anxious not to prolong the discussion because I am speaking
    19        on very limited information.  When I have all the
    20        information, I may or may not come to a view that it is
    21        admissible in its own right.  Tell me how long you think
    22        probably it would take you to complete your
    23        cross-examination of Mr. Hawkes?
    24
    25   MS. STEEL:  I am not really sure.
    26
    27   MR. JUSTICE BELL:  Do your best.
    28
    29   MS. STEEL:  Can I say one other thing?  The other question I was
    30        asking about, about telling witnesses what to say when they
    31        come, you know, to court -- I have found what Mr. Rampton
    32        said on the screen.  This is why I was  -----
    33
    34   MR. JUSTICE BELL:  Page number?
    35
    36   MS. STEEL:  It is page 69, line 40.  [Ref. page 73 line 32 of
    37        the transcript] "If I am able to do so I would like to be
    38        able to ----"
    39
    40   MR. JUSTICE BELL:  Let me find it.  Yes, well, I had understood
    41        Mr. Rampton
    42         ----
    43   MS. STEEL:  It says: "I would like to be able to arm Mr. Hawkes
    44        with the information which I think he may need."
    45
    46   MR. JUSTICE BELL:  You have put one construction on that.  What
    47        I thought he meant, maybe you are right, was give
    48        Mr. Hawkes the opportunity to obtain for himself.
    49
    50   MR. RAMPTON:  My Lord, that is a terrible misconception.  It is 
    51        probably my fault for using the wrong form of words.  It 
    52        flows out of what I got leave from your Lordship yesterday, 
    53        which is simply to speak to Mr. Hawkes about the matter.
    54        What has been arranged is that if he is given the
    55        opportunity, he will go off and get the information.  He
    56        will have to give it to me, of course and my solicitors,
    57        but beyond that it does not go -- the Defendants should be
    58        absolutely certain that neither I nor my solicitors tell
    59        witnesses what to say, particularly -- I say "particularly"
    60         -- when they are giving their evidence.

Prev Next Index