Day 107 - 24 Mar 95 - Page 21


     
     1   MR. JUSTICE BELL:  You just picked out -- your source was parts
     2        of the report.
     3
     4   MR. MORRIS:  Yes, I was going to do that.
     5
     6   MR. JUSTICE BELL:  You think that the PHLS report in itself is
     7        particularly important.  I have tried to explain the light
     8        in which I view it.  Are you not actually able to get
     9        advice from some person in relation to it?
    10
    11   MR. MORRIS:  We find it hard to get advice.  To be honest, there
    12        are 100 things we need to get advice on that are building
    13        up.
    14
    15   MR. JUSTICE BELL:  I dare say there is, but it is apparent from
    16        the number of times this crops and the apparent distress it
    17        has caused Ms. Steel this morning, that you feel
    18        particularly strongly about this, so I would have thought
    19        if it really does matter at the end of the day -----
    20
    21   MR. MORRIS:  We are happy for it not to be considered as
    22        evidence in itself for the purposes of examining our
    23        witness at this moment, although we still believe about the
    24        Civil Evidence Act Notice, but that is another matter.
    25        But, the point is we just want to be able to have the
    26        witness look at the document and make some comments, you
    27        know -----
    28
    29   MR. JUSTICE BELL:  You see, you may think it is technical but
    30        that is where you cross over the line.
    31
    32   MS. STEEL:   I just want to say something in respect of what you
    33        have just said.  I have not got anything especial about
    34        this document that I am getting distressed about it.  It is
    35        the frustration at being -- we try to get things running
    36        smoothly and we keep getting interrupted; there is this
    37        objection and there is that objection.
    38
    39   MR. JUSTICE BELL:  I do not think you do keep getting
    40        interrupted.  Mr. Rampton is entitled to take objection to
    41        something you wish to do on evidential grounds, just as you
    42        are in relation to him.  I have to rule on it when it
    43        happens.
    44
    45        What I suggest you do, I will take the five-minute break
    46        now (which, if you want longer you shall have it) and
    47        I suggest that you use part of the break to go through and
    48        elicit the matters you want to put as hypotheses to
    49        Mr. North, to ask his reaction to it.  Then we will see
    50        where that takes us. 
    51 
    52        There is absolutely no reason why Mr. North should not 
    53        refresh his memory of the report in the meantime, because
    54        he is entitled to refresh his memory of any document he
    55        wants, whether it is admissible in evidence or not.
    56
    57   MR. RAMPTON:  But, My Lord, I hope your Lordship is not
    58        intending by saying that that the Defendants should discuss
    59        the report with Mr. North during the break?
    60

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