Day 187 - 13 Nov 95 - Page 53
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2 MR. JUSTICE BELL: "She told me later".
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4 MR. RAMPTON: Yes. Then there are three separate sentences in
5 the next paragraph, all of which are plainly hearsay,
6 starting with the sentence "Privately several"; then the
7 sentence "Others complain", and then the last sentence "One
8 crew member reckoned". Then, my Lord, in the next
9 paragraph, the second sentence beginning, "Later a crew
10 member told me", and the sentence following that, of
11 course. The last paragraph on that page is hearsay.
12 Whether it is admissible is another question, but it is
13 plainly hearsay.
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15 MR. JUSTICE BELL: Which do you say is -----
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17 MR. RAMPTON: The last sentence, "The PR woman", who is alleged
18 to have revealed something. It is plainly second or third
19 -- first or secondhand hearsay there. The argument would
20 be whether the PR woman can, as it were, be held to
21 represent McDonald's. I suspect not, in fact, and I would
22 not argue that.
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24 MR. JUSTICE BELL: I must say that if all is there is what Miss
25 Tobin is alleging that the PR woman had told her, that
26 would be admissible, would it not?
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28 MR. RAMPTON: I doubt it, my Lord. I do not want to argue it
29 now.
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31 MR. JUSTICE BELL: I will put a fainter bracket on that.
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33 MR. RAMPTON: My Lord, then -- I do not know about the second
34 paragraph on page 3, but again, plainly, the third
35 paragraph on page 3 is hearsay. That was a gentleman
36 called Metcalfe, I think. So is the next paragraph.
37 I think those are all the ones that I can definitely
38 identify as being hearsay. There may be others, as I said,
39 but we will see about that.
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41 MR. JUSTICE BELL: What I suggest you do, Mr. Morris, is if you
42 decide you want to read the statement in as
43 evidence-in-chief we will have to have argument on what, if
44 any, pieces must be excised before it is read on the basis
45 of hearsay. If you wish, you may take Miss Tobin without
46 averring her, reading her statement by question and answer,
47 in which case you will not be able to give me any hearsay
48 evidence anyway. You tell me what course you would like to
49 take on Wednesday morning.
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51 MR. MORRIS: Thank you.
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53 MR. JUSTICE BELL: Now, do you want to read anyone else? Do you
54 want to deal with Mr. McGee?
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56 MR. MORRIS: Well, I would love to deal with Mr. McGee except
57 the problem is I did not expect it to be today. I have not
58 brought it with me. I thought I marked this one in the
59 bundle, but I have not. Maybe we could read out somebody
60 else while we have the opportunity. Is there no one left?
