Day 070 - 20 Dec 94 - Page 53


     
     1        particular issues which you think I may not be aware of,
     2        because if every time I look back in the Abstract of
     3        Pleadings I will not see them there, then again mention
     4        them to me.  But do not feel it is going to be said against
     5        you that is not a point which is pleaded provided that it
     6        is in a disclosed statement, witness statement.
     7
     8   MR. MORRIS:  OK.  If we move on to the Defendants' witness
     9        statements?  We did serve some statements before but
    10        I think it was just before a witness went in the witness
    11        box so we never actually referred to them.  You may
    12        remember we served statements of Marie Lisa Hovey, the
    13        Jarrett's veterinary surgeon.  That has already been looked
    14        at in evidence.  It has been referred to in evidence.  Then
    15        I do not know, have you got that bundle?  There was a small
    16        bundle with hers at the top, about five statements.
    17
    18   MR. JUSTICE BELL:  I think, in fact, I put it in the bundle
    19        which was handed down a little earlier.  Mr. Styles, I
    20        think, gave someone my documents or did he take them away?
    21
    22   MR. RAMPTON:  No, he confiscated them and gave them to
    23        Mrs. Brinley-Codd, I think.  She gave them to Mr. Hill.
    24
    25   MR. JUSTICE BELL:  Tell me about it.
    26
    27   MR. MORRIS:  Apart from her statement, then the next one is of
    28        Hassen Lamti from France, from the local union in Lyon,
    29        McDonald's.  It is in French with a translation which I can
    30        readily say may not be the world's best translation.  We
    31        certainly hope to call him and, hopefully, we will have to
    32        work out something to get his translated, unless we all go
    33        on a french speaking course before then.  It might be
    34        easier to get a translator.
    35
    36   MR. JUSTICE BELL:  We may well be able to manage without a
    37        translation of his statement, but if he is coming to -- is
    38        he coming to give evidence or is that Civil Evidence Act?
    39
    40   MR. MORRIS:  If we could formally put a Civil Evidence Act
    41        notice on it on the grounds he is abroad, but we certainly
    42        intend to call him.
    43
    44   MR. JUSTICE BELL:  Right.  If he is called and if his English is
    45        not good enough for the witness box, you must arrange an
    46        interpreter.  The interpreter is sworn, there is an
    47        interpreter's oath and stands by the witness and faithfully
    48        interprets each question as it is asked and each answer as
    49        it is given.
    50 
    51        So, what you have to find out is whether he can manage in 
    52        the witness box.  He can be reassured that we will do our 
    53        best to speak slowly and that we will say things more than
    54        once, if necessary.  But if you have any anxiety about him
    55        being to able to stick up for himself in the witness box in
    56        English, you must arrange an interpreter.
    57
    58   MR. MORRIS:  Do they have to be a qualified interpreter because
    59        that may be more difficult.
    60

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