Day 143 - 27 Jun 95 - Page 37


     
     1        Union or one of its officers may have thought about the
     2        matter.
     3
     4   MR. MORRIS:  The only thing is that I understand the
     5        admissibility of a document as evidence, and that we do not
     6        have a Jury that might be confused, allegedly confused,
     7        over the difference between evidence and another document,
     8        which may not be evidence in itself, but if we need to go
     9        through documents which indicate to us a certain situation
    10        which may not themselves be admissible as evidence, then
    11        that would require quite a bit of preparation, I think,
    12        before we go into the witness box.
    13
    14   MR. JUSTICE BELL:  It might do.
    15
    16   MR. MORRIS:  To go through all the documents that are relevant.
    17
    18   MR. JUSTICE BELL:  If you want to ask me about this further
    19        later on, but ---
    20
    21   MR. MORRIS:  It just seems to be ----
    22
    23   MR. JUSTICE BELL:  -- what you have to be prepared -- I will
    24        just make the comment I have to make and then I suggest we
    25        get on with the cross-examination of Mr. Stein -- what you
    26        are going to have to think about is what support there is
    27        in the information available to you for what you will tell
    28        me you do believe whether at the end of the day I decide
    29        you are justified in your belief or not, because that
    30        might, as I have explained -- I am not going to put it in
    31        final terms now because I have not heard any argument which
    32        Mr. Rampton may bring forward -- that may very well be
    33        relevant to your counterclaim.
    34
    35   MR. MORRIS:  Yes.
    36
    37   MR. JUSTICE BELL:  Whether or not it is relevant to malice, I do
    38        not need to grapple with at the moment because it may be
    39        relevant to counterclaim, but the crunch is not going to
    40        come so far as that is concerned unless and until either
    41        you or Ms. Steel go into the witness box.
    42
    43   MR. MORRIS:  All I am saying is that, as a matter of practical
    44        convenience -- I understand Mr. Rampton said he is mostly
    45        objecting when the press are here -- if we are going
    46        through 30,000 documents over a period of a year, or
    47        whatever, then it is just convenient to note the documents
    48        which are key documents and the points in them.
    49
    50   MR. JUSTICE BELL:  I think that you should note them for your 
    51        own purposes.  You do not have to do it, in fact, I would 
    52        urge you not to do it publicly in court at this stage.  if 
    53        you do give evidence and you do say:  "Whether I was right
    54        about it or not, I believed and I still believe this and
    55        this", then you must expect to be asked:  "Well, why?  What
    56        was your" -- it is a term of art but I use it as an
    57        ordinary English word -- "justification for believing that
    58        way?"  You do not then have to have a list of 150 letters.
    59        What you want to do is pick the ones which you say were
    60        most influential on the way you thought.

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