Day 124 - 10 May 95 - Page 58


     
     1   MR. MORRIS:  We are happy to accept any amendment of that that
     2        was agreed before, as a matter of routine.
     3
     4   MR. RAMPTON:  Yes, but, my Lord, my reason for intervening is --
     5        this is not a technical point -- whatever Geoffrey Juliano
     6        may or may not have said -- there is no evidence in this
     7        court even that he exists, never mind that he said
     8        anything -----
     9
    10   MR. MORRIS:  There is evidence because I have said that we have
    11        spoken to him.
    12
    13   MR. JUSTICE BELL:  There may be.
    14
    15   MR. RAMPTON:  That is not evidence.  There is no witness
    16        statement from him.
    17
    18   MR. MORRIS:  It will be evidence.
    19
    20   MR. RAMPTON:  There has been no evidence.  None of the
    21        Plaintiffs' witnesses have ever heard of him.  There is no
    22        evidence, even if he does exist, that he ever said anything
    23        like.  But this is the real the point -- which is why I
    24        would discourage the Defendants from spending time and
    25        money calling him as a witness -- even if he does exist and
    26        if he did say something like that, what he said is evidence
    27        of nothing at all.
    28
    29   MR. MORRIS:  That is your opinion.
    30
    31   MR. JUSTICE BELL:  I remember we had this argument.  I cannot
    32        recall the terms of my ruling.  What I would like at some
    33        stage (but not now because Mr. Morris accepts that he has
    34        asked the questions he can reasonably ask of Mr. Beavers in
    35        relation to it) if I can be given the reference to my
    36        ruling, and then I will remind myself of what my reasoning
    37        was and, what may be more important, I will correct the
    38        bottom of page 4.
    39
    40   MR. RAMPTON:  It is our fault for not having corrected the
    41        pleadings.
    42
    43   MR. JUSTICE BELL:  Do not worry about that.   I can write it in.
    44
    45   MR. RAMPTON:  But the differences are ones of substance.
    46
    47   MR. JUSTICE BELL:  Yes, very well.  Let us leave it for the
    48        moment.
    49
    50   MR. RAMPTON:  My Lord, I will give it to you now.  It is 
    51        27th April, page 10, starting at letter B and running to 
    52        letter D. 
    53
    54   MR. JUSTICE BELL:  Leave that for the moment.  If you think you
    55        are going to put that topic to a witness in the future and
    56        you are concerned about the ramifications of it before that
    57        witness comes into the witness box when there is no witness
    58        in the witness box who might give evidence about it, raise
    59        it and we will have it out.
    60

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