Day 052 - 21 Nov 94 - Page 61


     
     1        otherwise, if he wants to adduce any evidence from Mr. Van
     2        Erp, since he is in this country, he should do it by
     3        calling him into the witness box rather than read his
     4        statement.  If you wish to argue, I do not know whether you
     5        do, that there is some obligation to call Mr. Van Erp
     6        having served a witness statement from him, then you must
     7        be ready to argue to that effect, because I had not begun
     8        to re-read the witnesses I am about to hear on recycling
     9        and waste.  I was going to begin to do that later this
    10        week.  I do not mind saying that I cannot now recall the
    11        contents of Mr. Van Erp's statement, so I will not look at
    12        it again unless I am asked to and it is agreed I should see
    13        his statement again.  So you need not worry I have
    14        something in my mind which he said in his statement which
    15        I will take into account even if he is not called.  But
    16        just as, for instance, there was a witness on advertising,
    17        I think a gentleman you chose not to call, there was no
    18        obligation upon you to do so, although you had served a
    19        witness statement and whatever he might have said is passed
    20        out of the case.
    21
    22   MS. STEEL:  The reason for that was that he was not really a
    23        witness under advertising; he was under something else.
    24
    25   MR. JUSTICE BELL:  Whatever the reason was, I am just saying you
    26        could not be forced to call a witness just because you
    27        served a statement on his behalf made by him.
    28
    29   MS. STEEL:  Mr. Rampton has just said there is a whole range of
    30        nutrition witnesses we have not called.  Actually, we were
    31        still intending to call Jane Brophey.
    32
    33   MR. JUSTICE BELL:  I am not drawing any inference one way or the
    34        other about that.  I am merely mentioned it as an
    35        illustration of the fact that you were not obliged to call
    36        any of those witnesses.  Unless you demonstrate to the
    37        contrary, Mr. Rampton is not obliged to call Mr. Van Erp.
    38        What I am suggesting will be the consequence of that is hat
    39        I will not read his statement either.
    40
    41        We will resume at 10.30 in the morning.
    42
    43             (The court adjourned until the following day).
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