Day 072 - 12 Jan 95 - Page 68
1 quite accurately say: "Well, I had no choice in the
2 matter".
3
4 MS. STEEL: The thing about them being hostile, if the
5 Plaintiffs decide not to call one of their witnesses and we
6 subpoenaed them, would that mean we cannot cross-examine
7 them?
8
9 MR. JUSTICE BELL: Yes. If you call a witness you can only ask
10 them questions which you could ask a perfectly willing
11 witness; you cannot start cross-examining them. There are
12 different provisions which can arise in certain cases in
13 the criminal courts with regard to that, but they do not
14 help you and they do not often help in a criminal court
15 because if a witness is hostile and the person who calls
16 the witness is entitled to treat them as hostile and cross
17 examines them, it normally ends up that their evidence is
18 not worth anything one way or the other. So, if you do
19 call someone you are dependent upon their co-operation once
20 they are compelled to get in the witness box or, if not
21 their co-operation, at least their willingness to give an
22 honest answer to your questions.
23
24 MS. STEEL: Going back to ----
25
26 MR. JUSTICE BELL: If you have a particular problem in the
27 future with a particular witness, then do not hesitate to
28 raise it. I would suggest, though it is entirely a matter
29 for you, that it would not be right to say: "Well, I have
30 to think about the interest of the witness because I do not
31 want to do anything which might even cause them some harm
32 in the future". Because, after all, if someone has
33 volunteered the step of getting in contact with you and
34 saying they can say this, that or the other, they have
35 taken the responsibility for saying that in the first
36 place. What happens or does not happen to them thereafter,
37 if you call them, really is not your responsibility.
38
39 MR. MORRIS: But if McDonald's interfered in any way or
40 pressurised that person before, during or after because
41 they have given evidence, I would thought that would have
42 been contempt.
43
44 MR. JUSTICE BELL: If they put pressure on them beforehand, they
45 would be in a very difficult situation. It would be less
46 clear afterwards. It would very much depend upon the
47 particular facts. But my recollection is, for instance,
48 that people have been held to be in contempt of court where
49 they have tried to persuade a witness who is, for instance,
50 an employee not to go and give evidence because they want
51 them to be at work that day. The courts have -- my
52 recollection, Mr. Rampton -- on occasions taken a very
53 tough attitude towards that sort of situation.
54
55 MR. RAMPTON: My Lord, certainly. It is plainly contempt of
56 court to refuse to pay someone because they have, for
57 example, been called as a witness or for jury service, that
58 is quite clear, or to make a threat to do so. I do not
59 know if Ms. Steel or Mr. Morris have finished, but when
60 they have there is something quite important that I wish to
