Day 311 - 06 Dec 96 - Page 25
1 suppose that the report which is in court falls into
2 section 4(1).
3
4 MR. RAMPTON: My Lord, yes.
5
6 MR. JUSTICE BELL: Because it is a record compiled by someone --
7 let us suppose this is so -- acting under a duty from
8 information supplied by a person, that is, Mr. Russell in
9 this case ---
10
11 MR. RAMPTON: Yes.
12
13 MR. JUSTICE BELL: -- who had personal knowledge of the matters
14 dealt with, and was either supplied directly or
15 indirectly. Then, subsection (2) applies:
16
17 "Where in any civil proceedings a party desiring to give a
18 statement in evidence by the virtue of this section has
19 called or intends to call as a witness in the proceedings
20 the person who originally supplied the information from
21 which the record containing the statement was compiled."
22
23 That is Mr. Russell on this occasion.
24
25 MR. RAMPTON: That is Mr. Russell, my Lord, yes.
26
27 MR. JUSTICE BELL: The statement, (a) shall not be given in
28 evidence by virtue of this section on behalf of that party
29 without the leave of the court.
30
31 MR. RAMPTON: That is right. It has not been yet.
32
33 MR. JUSTICE BELL: No.
34
35 MR. RAMPTON: And it cannot be given until after he has finished
36 his evidence.
37
38 MR. JUSTICE BELL: No, until after he has finished his
39 evidence-in-chief.
40
41 MR. RAMPTON: We did not serve the notice even.
42
43 MR. JUSTICE BELL: No. The normal practice, whether it is under
44 this section or the section relating to statements of a
45 witnesses themselves which are going in, not by just saying
46 they are true but going in on their own right, is to serve
47 the notice in advance of a witness being called and then,
48 as the witness comes to the end of evidence-in-chief,
49 asking, in the case of a section 4 statement, the judge's
50 leave to put it in. The judge considers the rights and
51 wrongs as he or she sees them and if he grants leave then
52 the other side has the opportunity of cross-examining the
53 witness upon that report.
54
55 MR. RAMPTON: Yes.
56
57 MR. JUSTICE BELL: But upon what basis should I give leave now?
58 (a) when that could have been done but was not, and (b)
59 when the evidence is closed?
60
