Day 306 - 26 Nov 96 - Page 26


     
     1        summary of what I said on day 275, pages 11 and 12.
     2        I think it should be noted that Mr. Rampton did not in fact
     3        cross-examine me about that matter which, which as far as
     4        I can see, means that he is accepting what I said.
     5
     6   MR JUSTICE BELL:  No, it does not mean that.  If there is
     7        clearly a dispute between evidence which has been given on
     8        one side already and evidence which is given by the
     9        particular witness, you don't have to challenge the witness
    10        who is giving evidence later in the case.  Otherwise,
    11        trials would taken enormously longer than they do, and
    12        quite unnecessarily so.  What is important, and this is the
    13        umpteenth time I have actually said this, is that when the
    14        person who is first giving evidence on the topic gives
    15        evidence you should put the challenge to that witness, or
    16        those witnesses, on that side so they can deal with the
    17        conflict, because otherwise they might not deal with it or
    18        it might not be expressly put to them.
    19
    20        By the time you came into the witness box you knew that the
    21        Plaintiffs' evidence was about what you were alleged to
    22        have done on 16th October 1989, and you gave your evidence
    23        of what you recall and what you disputed and there was no
    24        need -- you could have done it if you wished but there was
    25        no need -- for Mr. Rampton to expressly challenge you on
    26        it.  The judge has the issue of the evidence and he has to
    27        decide upon it.
    28
    29   MS. STEEL:   I can understand that you might not want to spend
    30        hours going through every tiny little niggly point, but
    31        I find it hard to accept that on such a fundamental point
    32        of evidence Mr. Rampton does not have to put McDonald's
    33        case on this matter, and challenged by evidence.
    34
    35   MR. JUSTICE BELL:   You must accept it from me, there is no
    36        point.  The issue is quite out in the open; he can do it if
    37        he had wanted, if he had done it I would not have stopped
    38        him.  But there is no need, because it is quite clear to
    39        me, as the judge, that there is an issue on it which I am
    40        going to have to decide.  (Pause)
    41
    42        I must say, the CaseView transcript of what I have said has
    43        got -- in case this is a matter of any importance, I can't
    44        see how it possibly can be, because there is only one
    45        answer to this -- it has not, in fact, got what I said
    46        down.
    47
    48   MR. RAMPTON:   My Lord-----
    49
    50   MR. JUSTICE BELL:   I said, if Mr. Rampton had done it I would 
    51        not have stopped him. 
    52 
    53   MR. RAMPTON:   Yes, that is right.
    54
    55   MR. JUSTICE BELL:   But there you are.  If you had been told to
    56        the contrary, you have been misinformed.
    57
    58   MS. STEEL:   The other part -- yes.  Well, whether or not
    59        legally Mr. Rampton has to challenge it, the point is we
    60        still feel that it is significant that he did not challenge

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