Day 058 - 30 Nov 94 - Page 40
1 documents and this witness now. What I suggest you do,
2 instead of putting that document to him, if there is a
3 proposition you have to put to Mr. Mallinson, just put it
4 to him. Every proposition you put to him in relation to
5 the last document he agreed with. He had some extra
6 comment to add, but he agreed with it.
7
8 So, if you have a proposition -- forget where it comes
9 from; forget that it comes from that document -- put it to
10 him and see whether he agrees with it and when
11 Mr. Mallinson has been allowed to return to his own life,
12 we will pick up the pieces if there are any.
13
14 MS. STEEL: I just feel, it strikes me, that we who have the
15 least resources in terms of photocopying -----
16
17 MR. JUSTICE BELL: Every time you rejoin this argument, you are
18 taking more time of Mr. Mallinson's.
19
20 MS. STEEL: We get the most criticisms.
21
22 MR. MORRIS: Mr. Rampton started this argument. He has wasted
23 the court's time, in our opinion, by bringing this up, this
24 moan about it. This document is a reference of
25 Mr. Hopkins. He was told it was in court; he has had a
26 list.
27
28 MR. JUSTICE BELL: When was Mr. Rampton first given a list of
29 Mr. Hopkins' references?
30
31 MR. MORRIS: The list was not provided until today.
32
33 MS. STEEL: But they are referred to in his statement. So, if
34 the Plaintiffs have read that they must be aware of what
35 references.
36
37 MR. JUSTICE BELL: From now on in advance of calling any witness
38 into the witness box, you most provide the other side with
39 a list of any documents which you want to put to that
40 witness and any documents which your comparable expert
41 witness is going to refer to. I say "provide a list"
42 because, subject to any argument from Mr. Rampton, he can
43 then say what he wants and what he does not want. But you
44 must do this. It is just not fair on the witness, whether
45 it is your witness or McDonald's witness. It is another
46 day's work to me, but it is not to all the witnesses.
47
48 MR. MORRIS: Yes. Our only concern is to make sure that the
49 truth is established, and that is the overwhelming purpose
50 of this court case.
51
52 MR. JUSTICE BELL: Look, people who do not have your interest in
53 the court case must not be made to pay more than is
54 absolutely necessary for your interest. Now carry on,
55 cross-examine him. You have the document in your hand. If
56 I give you an example, if you look at the one we looked at
57 before lunch, you could have said: "Would you agree that a
58 cultivated and tended forest etc. cannot contain" and gone
59 right on down to "with highly demanding nature conservation
60 goals". You need not have referred to the document, you
