Day 259 - 10 Jun 96 - Page 30
1
2 MR. MORRIS: I did not understand that.
3
4 MR. JUSTICE BELL: No. Well, it is an unusual situation. But
5 the mere fact that the interrogatory is answered on oath
6 does not mean to say it goes in as part of the Plaintiffs'
7 case, unless Mr. Nicholson actually gives evidence to that
8 effect. If he gives evidence to that effect then, like
9 everything else, one has to look and see if it is hearsay
10 and the question of whether it is admissible and the weight
11 to be attached to it.
12
13 MR. MORRIS: Right.
14
15 MR. JUSTICE BELL: If the answer was an answer which you thought
16 favoured you, you could, if you wished, have put it in as
17 part of your case; then you could rely upon it as evidence
18 in the case, but you would be stuck with it if you chose to
19 do that. You clearly do not want to do it in this case.
20
21 MR. MORRIS: No. So, the situation is that any of the
22 affidavits, the interrogatories that have been answered, we
23 can choose, if we want to, to rely on the answers in our
24 closing speeches, but the Plaintiffs have not got that
25 option?
26
27 MR. JUSTICE BELL: That is right. They have got the option of
28 relying upon any answers you have given to interrogatories,
29 if they chose to. But you have to pick quite carefully and
30 give a bit of thought to it, because you cannot take an
31 answer and then try and water it down. If you put the
32 answer in as part of your case, then you are stuck with
33 it. So you have to give a bit a careful attention to what
34 the answer is.
35
36 MR. MORRIS: I may have some further questions. But do you want
37 us to -----
38
39 MR. JUSTICE BELL: Yes, I would like you to draw your
40 cross-examination to a close there. Thank you. We will
41 take five minutes.
42
43 MR. RAMPTON: I have only got one question.
44
45 MR. JUSTICE BELL: Then we will have the break before
46 Mrs. Pearce gives evidence.
47
48 Re-examined by MR. RAMPTON Q.C.
49
50 MR. RAMPTON: Could this be passed up, please? My Lord, that is
51 an original version of the -- I only kept it there so we do
52 not lose it.
53
54 (To the witness) Just open it up will you. Does it say
55 "Veggies" on the back? Can you turn it round?
56 A. Yes.
57
58 Q. Do you remember you were shown that by the Defendants last
59 time you were here?
60 A. Yes, I do.
