Day 172 - 12 Oct 95 - Page 53
1 and for that purpose witnesses are generally allowed to say
2 what they were told if it is relevant to their motivation.
3
4 There are passages, however, in the statement in which it
5 is not clear whether he is saying, "This was the truth that
6 I was told", or whether he is merely developing the theme,
7 "This is why I did what I did". I say that now because
8 what I would invite the Defendants do to before we get to
9 the argument about the McGee statement is to consider
10 carefully how much (if any) of the hearsay in McGee's
11 statement they want to rely on as evidence of the truth of
12 what McGee was told, as opposed to an explanation for what
13 McGee did. If it is the latter, I take no objection; if it
14 is the former, then I do take objection. I hope that is
15 clear.
16
17 MR. JUSTICE BELL: It is clear to me, but can you reasonably put
18 the Defendants to saying that, or do you have to take your
19 objection now?
20
21 MR. RAMPTON: My trouble is that I can do that, but I am not
22 sure. Can I just illustrate what I mean? If one reads
23 from the bottom of page 2, last paragraph, "I first became
24 involved", right down to the bottom of page 3 -- this is an
25 example -- it does not take more than ten seconds to read
26 it to oneself ----
27
28 MR. MORRIS: Where are we talking about?
29
30 MR. JUSTICE BELL: Bottom of page 2 of David McGee's statement.
31
32 MR. MORRIS: "I first became involved".
33
34 MR. JUSTICE BELL: Yes, that is right.
35
36 MR. RAMPTON: We first start off with what Mr. Pearson told
37 Mr. McGee, which seems to me entirely reasonable as an
38 explanation for McGee's state of mind and for what he did.
39 Then we go to page 3 to what the employees told him what he
40 did and what he said to them. That, again, continues in a
41 similar vein down to the end of the page.
42
43 MR. JUSTICE BELL: Is the situation not this? You do not have
44 to object to any parts of it. The fact that you do not
45 object does not mean that you acknowledge that the parts
46 which have been read are, in fact, admissible evidence
47 going to the truth of what is said, any more than, as I was
48 saying to Ms. Steel a few minutes ago, the fact that she
49 did not take an objection to parts of Mr. Atkinson's
50 statement means that she has accepted that all of
51 Mr. Atkinson's statement is admissible.
52
53 MR. RAMPTON: A bit more might be expected of me, I think.
54
55 MR. JUSTICE BELL: I appreciate that, but I could understand
56 that you might say, "Well, some of these things I would
57 object to, but I have got an eye on the clock and I will
58 take my objection in due course".
59
60 MR. RAMPTON: Yes.
