Day 122 - 05 May 95 - Page 47
1 issued.
2
3 Q. So if someone from the corporation from America, or if
4 someone, four or five years later, wanted to check through
5 the process of discussion and decision-making, they would
6 be unable to do so, apart from finding people that might
7 have been involved at the time ---
8 A. I think that is right.
9
10 Q. -- and asking if they remembered?
11 A. The memos that resulted from that, which drove policy,
12 would be there.
13
14 Q. Well, Mr. Nicholson ---
15 A. In the minutes.
16
17 Q. -- to be frank, I do not believe you.
18
19 MR. JUSTICE BELL: Do not say that.
20
21 MR. MORRIS: I am going to put it to him that, you know, you are
22 mistaken.
23 A. No.
24
25 Q. Minutes of those meetings exist. That is fact, is it not,
26 Mr. Nicholson?
27 A. No.
28
29 MR. RAMPTON: My Lord, it is not as simple as that. If he knows
30 they exist, not is he just mistaken; he is lying.
31
32 MR. JUSTICE BELL: You see, that is the difficulty with it. It
33 is not admissible anyway, because you are acting as an
34 advocate, not as a party when you are standing up asking
35 questions, just to say "I do not believe you". All you
36 have to put to him is that that is not right, but there is
37 no point in doing that. It is a matter of comment for me
38 in due course. Do not forget comments which you make at
39 the end of the case are not made just in the light of
40 whatever answer has come from the witness box. They are
41 such as you feel able to make upon the whole of the
42 evidence which will by then have been heard.
43
44 MR. MORRIS: Well, Mr. Rampton is always saying I should put it
45 to the witness if I am going to challenge -----
46
47 MR. RAMPTON: If one is going to accuse a witness of lying in
48 the witness box, it is very serious matters, and since in
49 some areas of this case, and Mr. Nicholson is an example,
50 his credibility will be in issue, particularly when it
51 comes to publication, it is important that if Mr. Morris is
52 going to throw around these allegations of perjury --
53 which he does with increasing frequency -- it is very
54 important that the witness should be able to answer it to
55 your Lordship's satisfaction.
56
57 MR. JUSTICE BELL: All you actually need to do is to put to
58 Mr. Nicholson that that is wrong. If you think it is
59 important to suggest to Mr. Nicholson, for some reason,
60 that he knows that it is wrong, then put that as well.
