Day 034 - 11 Oct 94 - Page 61
1 have a copy of the book if he is going to be asked lots
2 questions about it?
3
4 MR. JUSTICE BELL: Yes. If something in the book is going to
5 be put, then he may do. Can I just explain one thing
6 about where matters are put in cross-examination, not so
7 much to explain what Mr. Rampton has done but in case you
8 want to explain it. If something, for instance, has been
9 read in a paper quoting the witness, let us suppose there
10 was a newspaper article -- this is not apropos what
11 Mr. Rampton said -- it may just be a report of something
12 which has been alleged to have been said on television,
13 you can put to the witness: "Did you say something to
14 this effect?" You can go on, if you want to say:
15 "I suggest the exact words were these". If the witness
16 says "yes" or words to that effect, then that is in
17 evidence that he has accepted he says that. One can look
18 at whether it advances any of the issues in the case or
19 not in due course.
20
21 If the witness says: "No" and that statement is not proved
22 by other admissible evidence in due course, it falls
23 away. You need not concern yourself that something which
24 Mr. Rampton puts to a witness which is not accepted by the
25 witness and not proved in any way, will go into my mind as
26 evidence of the truth of it, because saying it is so does
27 not make it so.
28
29 The same applies to you. You are entitled to put to a
30 witness in cross-examination: "Did you say this?" even if
31 you do not have admissible evidence that it was said. If
32 they accept that they said it, then it is in evidence. If
33 they do not accept that they said it and you do not have
34 other evidence of it, it falls away and disappears from
35 the case. If you have other evidence on it, you can set
36 about proving it.
37
38 MS. STEEL: I was particularly concerned about the use of
39 "these are the exact words".
40
41 MR. JUSTICE BELL: I think that was just shorthand for saying
42 "I suggest that these were the exact words", that is
43 all. I have raised it not really apropos what Mr. Rampton
44 said, but so that you understand what you are entitled to
45 do in cross-examination yourself, if you want to, in the
46 future. Anyway, you understand what I have put to you?
47
48 MS. STEEL: I am a bit concerned about things like -- I do not
49 know whether you were given a copy of this file or not --
50 the file of papers for Dr. Barnard. Were you given a copy
51 of the file?
52
53 MR. JUSTICE BELL: Yes, I was. I had the very briefest look at
54 it last night. I did not read it through. What concerns
55 you about that?
56
57 MS. STEEL: It is just, obviously, we discussed it previously
58 and it is just whether, because obviously there is a lot
59 of controversial stuff in there that Dr. Barnard does not
60 accept, if it is not put to you by -- if it is not put to
