Day 187 - 13 Nov 95 - Page 06
1 translation.
2
3 MR. RAMPTON: It has to be.
4
5 MR. JUSTICE BELL: Do you see the point?
6
7 MR. RAMPTON: Yes. It has to be.
8
9 MR. JUSTICE BELL: It is no use, later on, suddenly
10 saying, "Oh, well, I have read the French, and the French
11 means this, that and the other", when I may say, "Yes,
12 I agree that is what the French means to me, but the fact
13 is, we have an English translation which is the evidence
14 and is different."
15
16 MR. RAMPTON: That is right; and your Lordship for that purpose,
17 as I understand it, is obliged to ignore whatever knowledge
18 of French you have, under the rules of English procedure;
19 the evidence has to be given in English. That is the
20 problem I have.
21
22 If your Lordship would wish it read and if I have --
23 probably, I would not ask for more than about 10 minutes --
24 but if I have, after that, any quibbles with the
25 translation, then perhaps that would be the time for me to
26 make them clear.
27
28 MR. JUSTICE BELL: I think that is right. It is not a concern
29 of Mr. Morris', because if he is content that the English
30 translation be the evidence, I am certainly accepting it as
31 such, but I am merely pointing out -- although I think the
32 ball is in your court -- that if there is any unhappiness
33 about the translation, take it up. That is all.
34
35 MR. RAMPTON: Yes.
36
37 MR. MORRIS: Yes. Just going back to the documents ---
38
39 MR. JUSTICE BELL: Yes.
40
41 MR. MORRIS: -- whilst is not necessary to rely on them as
42 evidence, it will be useful to put them in front of the
43 witness so that he can explain what they are and where he
44 refers to them in his statement. So I intend to do that.
45 We just do not -----
46
47 MR. JUSTICE BELL: What do you need them for?
48
49 MR. MORRIS: So that he can confirm that, you know, these are
50 the documents he refers to, and -----
51
52 MR. JUSTICE BELL: How does that advance the evidence?
53
54 MR. MORRIS: With respect, it is in the interests of getting the
55 truth out that the witness be able to express himself and
56 to remind himself. If he sees a document, he can
57 say, "Yes, I wrote to McDonald's Corporation." For
58 example, there is a letter where he wrote to the Head of
59 McDonald's France and McDonald's France replied.
60
