Day 277 - 10 Jul 96 - Page 58
1
2 Q. No, this was a clever Steel answer and Morris gave the same
3 one did he not?
4 ?
5 A. No, it was not my idea, and if Mr. Morris gave the same
6 answer it was no doubt because we were probably getting the
7 advice from the same person -- well, he would have got
8 advice from the same person.
9
10 Q. Well, he would probably say the same thing?
11 A. I expect so because it is the truth.
12
13 MR. JUSTICE BELL: Whatever advice you were given did it not
14 occur to you that it might mislead those who read the
15 answer?
16 A. No. I mean, for all I know there could have been, you
17 know, other things going on at 5 Endsleigh Street. I don't
18 know, that is what I was advised to put and that is what I
19 put.
20
21 MR. RAMPTON: Completely at random in your own mind in your own
22 thoughts, about what impression this answer might give,
23 yes, just doing blindly what you are told by somebody else,
24 is that right?
25 A. Well, when I have asked some of your witnesses, Mr.
26 Rampton, about why they did certain things when they were
27 advised to do it why do not they do something else, as you
28 have said, no, you know it is the, you know it is the
29 lawyer that gives you the advice and you take it.
30
31 Q. Even if it means that you are going to mislead other side
32 and you know you are going to, you must have known that was
33 a misleading answer must you not?
34 A. No, I do not consider that that is the case.
35
36 Q. Okay.
37
38 MR. MORRIS: Can I just say that it is up to Miss Steel not up
39 to me. I am not representing her, but any conversation
40 that she has with anyone giving legal advice is privileged.
41
42 MR. JUSTICE BELL: It is not. She waived it.
43
44 MR. MORRIS: I am saying it is up to her. If she wants to
45 refuse to answer the question on any other matter it is
46 entirely up to her.
47
48 MR. JUSTICE BELL: Well, I am sure you appreciate by now as a
49 result of the argument we had, and probably Miss Steel does
50 as well, that if you choose to say what your legal advice
51 is you waive your privilege in respect of that piece of
52 information and any person has the choice of saying, not
53 answering, the question or waiving privilege because they
54 wish to rely upon the fact or the assertion that what they
55 did was as a result of legal advice. But it does, if you
56 take that route as you are entitled to, it means you
57 forfeit it. But there we are.
58
59 MR. RAMPTON: Can we turn now, Miss Steel, to 8th February 1990?
60 A. Can I just add a further point, actually, that if I had
