Day 081 - 31 Jan 95 - Page 61


     
     1        speak to the Defendants.  I have some inkling of the reason
     2        why he does not want to give evidence for them -- as much
     3        as he would like to be cross-examined by me!
     4
     5   MR. JUSTICE BELL:  There could be all sorts of reasons.  He
     6        could be being stubborn.  He could say, "I am entitled to
     7        my own independent view of these matters."  It could be
     8        that he thinks that from the Defendants' point of view that
     9        would be a very bad idea and he does not want to encourage
    10        them.  I just do not know, but we have raised the subject
    11        and I do not believe in sort of fighting blind.  If
    12        Mr. Morris or Ms. Steel were to say, "Mr. Clark, will you
    13        go into the witness box", what would you do, Mr. Clark?
    14
    15   MR. RAMPTON:  Will you tell me?
    16
    17   MR. JUSTICE BELL:  No.  I know Mr. Rampton is only trying to
    18        help.  You tell me.  I would merely say that if you were
    19        asked that I would be grateful you did go into the witness
    20        box, so that there is no element of compulsion whatsoever
    21        in me saying that.
    22
    23   MR. CLARK:  To be perfectly honest, it is a bit of a moral
    24        dilemma because, yes, I am independent but I am independent
    25        in so far as my employer is the University of Strathclyde
    26        and the University of Strathclyde does not pay for any
    27        expenses or fees, so on and so forth.  Therefore, if
    28        I incur expenses or fees it would be me who would incur
    29        them; not the University.  The University is keen that we
    30        do consultancy work and so on to supplement our meagre
    31        salaries.
    32
    33   MR. JUSTICE BELL:  Yes, I understand that.  In what way would do
    34        you have any objection, apart from that aspect, as to going
    35        into the witness box if you are called?
    36
    37   MR. CLARK:  Probably the most important objection is that
    38        McDonald's asked me to do a job of work which I did, and
    39        then it seems to be slightly immoral for me to.
    40
    41   MR. JUSTICE BELL:  You are entitled to think that.  In slightly
    42        jurisdictions it is not that different, in that, for
    43        instance, if there is a medical issue of some kind you very
    44        often get doctors who are consulted by the parties and give
    45        reports on particular aspects; it may be just how seriously
    46        injured the plaintiff is, for instance.  A doctor may be
    47        instructed on behalf of the defendant. The defendant
    48        decides not to call that doctor, then I will not say it is
    49        usual at all but it does happen that the plaintiff decides
    50        to call that doctor just to say what injuries he discovered 
    51        and disabilities in the plaintiff, do you see what I mean? 
    52        It is absolutely no reflection on the expert that the 
    53        expert has then gone into the witness box and given his
    54        honest expert opinion in relation to the matter, because
    55        the theory at least, I prefer not to comment on how far it
    56        is observed in practice, is that independent expert
    57        witnesses are just that and give their own view regardless
    58        of who summons them into the witness box.
    59
    60        On the financial aspect, in what way would you personally

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