Day 261 - 12 Jun 96 - Page 76
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2 MR. JUSTICE BELL: I think we have done it often enough now for
3 me to assume that no admission has been made that no
4 positive case that it positively was not there is being put
5 forward, because I think I made it quite clear to Ms. Steel
6 and Mr. Morris that if there is a positive case that it was
7 not there it should be put to a witness who has given
8 anything which might be interpreted as evidence that it was
9 there.
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11 MR. RAMPTON: I am grateful for that.
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13 MR. JUSTICE BELL: So, I am not going to assume that it is
14 conceded that it was there.
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16 MR. RAMPTON: I understand that.
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18 MR. JUSTICE BELL: Unless you put it, so we are absolutely
19 clear, unless you put it to a witness that it positively
20 was not there, I am assuming that you are not necessarily
21 admitting that it was, you are not putting a positive case
22 that it was not, you are in an in-between situation where
23 you are saying you do not know and you are merely going to
24 submit to me, in due course, that the evidence called by
25 the Plaintiffs is not sufficient to prove on balance of
26 probabilities that it was there.
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28 MR. RAMPTON: My Lord, I am very content with that.
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30 MR. JUSTICE BELL: That is the assumption I will make, because
31 I do not want to keep nagging you about putting things
32 positively. But if your case positively is that the
33 leaflet complained of was not there at any stage by any
34 witnesses who said that it was, or handled in any way in
35 which it is said by a witness that it was handled, then you
36 must put the positive challenge.
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38 MR. RAMPTON: I am grateful for that, my Lord. The only other
39 thing I need to mention is the question of Professor
40 Crawford in the first place, who is due on Monday and
41 I assume will arrive in court on Monday. I have not had
42 anything yet.
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44 MR. JUSTICE BELL: Do you know what position is with regard to
45 Professor Crawford? Is he still in the States?
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47 MS. STEEL: As far as I know, he was coming back either -- it
48 might be today or tomorrow. So, I will try and phone him
49 tonight.
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51 MR. JUSTICE BELL: I would like you to get on to him, because we
52 have reason to believe he will say something extra, and if
53 he is hoping to say something extra it should be in
54 Mrs. Brinley-Codd's hands as soon as possible, and
55 certainly before we separate at the end of this week.
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57 MR. RAMPTON: Yes. I only say that because if it is an ordinary
58 factual witness, like a publication witness, I can usually
59 manage that without much notice; but if it is a scientific
60 witness, and if Professor Crawford says anything very
