Day 260 - 11 Jun 96 - Page 24


     
     1
     2   MR. RAMPTON:  My Lord, I do believe, before Mr. Morris leaves
     3        this, at some stage -- and I do not really mind when it is,
     4        but it has to be before Mr. Bishop leaves the witness
     5        box -- your Lordship is entitled to know, and I believe
     6        I am entitled to know, what parts of Mr. Bishop's
     7        statements which are based on his notes are actually
     8        challenged by the Defendants, because on one view there is
     9        quite a lot of damaging material.
    10
    11   MR. JUSTICE BELL:  Whether it is damaging or not, Mr. Morris, if
    12        you leave the matter there, it is all very interesting, the
    13        suggestion that it is hearsay and that he did not speak to
    14        whoever was on the phone, but I am quite interested to know
    15        whether there is an issue about it, you see -- because if
    16        there is not an issue, that is one thing; if there is an
    17        issue, I obviously have to wait and see what other evidence
    18        there is, in case it is important.
    19
    20        It is quite true that Mr. Bishop cannot say whether it was
    21        you, but it is a matter of convenience, so that one can
    22        understand where the issues are as the case unfolds, if you
    23        just put it.  It is quite true that -- you might not be
    24        able to answer -- but if you just say, "I suggest that
    25        I did not in fact phone.  Do you have any further comment
    26        to make", that gives him an opportunity to bring out
    27        anything, and it makes it clear to me where the issue is.
    28
    29   MR. MORRIS:  As far as I can see, I do not have to challenge or
    30        even think about any evidence that is not admissible; and
    31        if it turns out as I believe, that that whole evidence is
    32        not admissible, we can all forget about it and move on.
    33        I do not know, I cannot remember exactly -----
    34
    35   MR. JUSTICE BELL:  That is not very helpful as far as I am
    36        concerned, because I hear the cross-examination and then I
    37        have to wait maybe three or four weeks to find out whether
    38        or not there is an issue about it, and that is an
    39        intolerable task for a judge.  It is much easier to know
    40        whether there is an actual issue of fact or not.  I mean,
    41        Mr. Rampton, if you give evidence, he may ask you about it
    42        and I might as well know now rather than having to wait ---
    43
    44   MR. MORRIS:  I have not really thought it about.
    45
    46   MR. JUSTICE BELL:  -- doing my desperate best to control my
    47        overwhelming interest in the issue, to know whether there
    48        is an issue or not.
    49
    50   MR. MORRIS:  I do not know what the issue is.  I do not know why 
    51        the Plaintiffs have put it in, unless they are having some 
    52        kind of sly ----- 
    53
    54   MR. JUSTICE BELL:  I would like you to put a challenge, if there
    55        is one.
    56
    57   MR. MORRIS:  I do not know at this stage.
    58
    59   MR. RAMPTON:  I said what I did for this reason: the Defendants
    60        amended their Defence to allege a course of conduct by the

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