Day 199 - 11 Dec 95 - Page 12


     
     1        who agreed that no overt union activity will be allowed on
     2        McDonald's premises; is that the way you saw it as well?
     3        A.  Yes.
     4
     5   MR. RAMPTON:  I do not think that is re-examination at all.
     6
     7   MR. JUSTICE BELL:  No, it is not re-examination.  It is just
     8        putting something which a McDonald's witness has said to
     9        this witness in an attempt to get him to harden up the
    10        evidence which he has given which I am perfectly clear
    11        about.  I am not even making a note of this.
    12
    13   MR. MORRIS:  It is just that Mr. Rampton characterised his
    14        evidence completely in a false way when this witness has
    15        stated -----
    16
    17   MR. JUSTICE BELL:  He did not; he put a suggestion to the
    18        witness which the witness readily agreed with.
    19
    20   MR. MORRIS:  You say "any active member of a union will not be
    21        tolerated" in your statement and you stick by that, do
    22        you?
    23
    24   MR. RAMPTON:  My Lord, that is not re-examination either, with
    25        the greatest possible respect.
    26
    27   MR. JUSTICE BELL:  No, it is not, Mr. Morris; I have spoken to
    28        you before about re-examination.  It is not just an
    29        opportunity to get your witness to go through things again
    30        underlining that which you think are important.  I have
    31        read every word of the statement.  I have made a note of
    32        what I think is important and the evidence which has come
    33        out in court today.  It just does not help me going through
    34        the bits in re-examination which you want to stress.  That
    35        is not what the re-examination is for.
    36
    37        I have been pretty gentle about re-examination, but if you
    38        keep on like this I am going to insist that you only use
    39        re-examination for that which may have become unclear as a
    40        result of cross-examination, or some completely new topic
    41        which has come out of cross-examination which is what it is
    42        really used for as well, what the purpose of re-examination
    43        is.
    44
    45        There is a general feeling at the Bar that if someone
    46        re-examines at great length, it is because they think their
    47        witness has got himself in a pickle.   I am sure you would
    48        not want to create that impression and it is certainly not
    49        necessary with Mr. Cranna.
    50 
    51   MS. STEEL:  I do not know that that is very fair thing, seeing 
    52        as the re-examination has taken less than a couple of 
    53        minutes and we have finished now anyway.
    54
    55   MR. JUSTICE BELL:  I know, but if one minute 45 seconds of that
    56        is elicit, then I propose to point it out.  Leave it where
    57        it is.
    58
    59   MR. MORRIS:  No further questions.
    60

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