Day 187 - 13 Nov 95 - Page 53


     
     1
     2   MR. JUSTICE BELL:  "She told me later".
     3
     4   MR. RAMPTON:  Yes.  Then there are three separate sentences in
     5        the next paragraph, all of which are plainly hearsay,
     6        starting with the sentence "Privately several"; then the
     7        sentence "Others complain", and then the last sentence "One
     8        crew member reckoned".  Then, my Lord, in the next
     9        paragraph, the second sentence beginning, "Later a crew
    10        member told me", and the sentence following that, of
    11        course.  The last paragraph on that page is hearsay.
    12        Whether it is admissible is another question, but it is
    13        plainly hearsay.
    14
    15   MR. JUSTICE BELL:  Which do you say is -----
    16
    17   MR. RAMPTON:  The last sentence, "The PR woman", who is alleged
    18        to have revealed something.  It is plainly second or third
    19         -- first or secondhand hearsay there.  The argument would
    20        be whether the PR woman can, as it were, be held to
    21        represent McDonald's.  I suspect not, in fact, and I would
    22        not argue that.
    23
    24   MR. JUSTICE BELL:  I must say that if all is there is what Miss
    25        Tobin is alleging that the PR woman had told her, that
    26        would be admissible, would it not?
    27
    28   MR. RAMPTON:  I doubt it, my Lord.  I do not want to argue it
    29        now.
    30
    31   MR. JUSTICE BELL:  I will put a fainter bracket on that.
    32
    33   MR. RAMPTON:  My Lord, then -- I do not know about the second
    34        paragraph on page 3, but again, plainly, the third
    35        paragraph on page 3 is hearsay.  That was a gentleman
    36        called Metcalfe, I think.  So is the next paragraph.
    37        I think those are all the ones that I can definitely
    38        identify as being hearsay.  There may be others, as I said,
    39        but we will see about that.
    40
    41   MR. JUSTICE BELL:  What I suggest you do, Mr. Morris, is if you
    42        decide you want to read the statement in as
    43        evidence-in-chief we will have to have argument on what, if
    44        any, pieces must be excised before it is read on the basis
    45        of hearsay.  If you wish, you may take Miss Tobin without
    46        averring her, reading her statement by question and answer,
    47        in which case you will not be able to give me any hearsay
    48        evidence anyway.  You tell me what course you would like to
    49        take on Wednesday morning.
    50 
    51   MR. MORRIS:  Thank you. 
    52 
    53   MR. JUSTICE BELL:  Now, do you want to read anyone else?  Do you
    54        want to deal with Mr. McGee?
    55
    56   MR. MORRIS:  Well, I would love to deal with Mr. McGee except
    57        the problem is I did not expect it to be today.  I have not
    58        brought it with me.  I thought I marked this one in the
    59        bundle, but I have not.  Maybe we could read out somebody
    60        else while we have the opportunity.  Is there no one left?

Prev Next Index