Day 188 - 15 Nov 95 - Page 54
1 MR. JUSTICE BELL: Whether it is because the basics for putting
2 the suggestion that someone is lying is given in confidence
3 and you do not want to reveal it, or you are unable to
4 reveal it for some reason.
5
6 MS. STEEL: But he did not at any stage -----
7
8 MR. JUSTICE BELL: You do not have to concern yourself about it,
9 so far as the result of the case, because as far as I am
10 concerned, obviously, I attach more weight to a challenge
11 -- if, indeed, I attach any weight at all -- if some
12 particular reason is given for the challenge. But so far
13 as the propriety of Mr. Rampton suggesting that Mr. Lamti
14 was lying is concerned, I do not have any reason for
15 believing that he did not have a basis for putting it. The
16 fact that he did not put the basis does not lead me to that
17 conclusion.
18
19 MR. RAMPTON: No, my Lord. All it does is to weaken my
20 challenge, if I cannot put the basis of it.
21
22 MS. STEEL: Can I ask, though -- I mean, this is actually Dave's
23 question, but I will say what occurs to me as well, that he
24 did not say to him: "That did not happen on such and such
25 a date, did it? What you have said there did not happen",
26 whatever. It is just: "You are a liar" ---
27
28 MR. JUSTICE BELL: I do not think that matters
29
30 MS. STEEL: -- or, "You are a thief."
31
32 MR. JUSTICE BELL: There is nothing improper in doing it the way
33 Mr. Rampton did, as I can see. Obviously, the challenge
34 may carry more weight, as I have said -- if, indeed, it
35 carries any weight at all -- if a person is challenged
36 about the truth of the specific statement and then it is
37 put to the witness specifically why it is wrong.
38
39 MR. MORRIS: But the point is, Mr. Rampton knows full well --
40 and I might as well speak plainly -- that if you
41 cross-examine, then a witness can explain, expand, bring in
42 new stuff, give details, give hearsay evidence, whatever;
43 and it seems to be a technique which can be employed -- and
44 Mr. Rampton, in my opinion, employed it on that day, if not
45 other days as well -- to avoid cross-examination because he
46 knows that our witnesses are telling the truth, and backed
47 up with hard evidence which he brought with him in the
48 documents about all those matters, but, to avoid having to
49 do that, he just says: "What I will do is, I will attack
50 his credibility", to try and lower the opinion of the court
51 of that witness. But I do not think -----
52
53 MR. JUSTICE BELL: Just pause there and think about what you are
54 saying.
55
56 MR. MORRIS: I am sure it is standard practice at the Bar.
57
58 MR. JUSTICE BELL: Why should an allegation lower the reputation
59 of a witness in my mind?
60
