Day 090 - 16 Feb 95 - Page 37


     
     1        indeed, in advance of examination-in-chief -- of any
     2        relevant document which they are intending to rely on in
     3        cross-examination.
     4
     5        This book has been in publication since 1992.  They have
     6        known that Dr. Pattison was going to be a witness in this
     7        case for goodness knows how many months.  It really is not
     8        right that suddenly a book should be produced out of a back
     9        pocket in this way.  They know that it is not right.  What
    10        I ask your Lordship to do is to give me the time -- I have
    11        a copy in chambers, as it happens -- which does not seem to
    12        me to have any relevance to the issues in the case, but if
    13        Ms. Steel thinks that it has, then I can have it brought
    14        over.  But I would like five or ten minutes in which that
    15        should happen.
    16
    17   MS. STEEL:  Can I answer some -----
    18
    19   MR. JUSTICE BELL:  Let us just see where we are going on this.
    20        Do you have more than this extract which you may want to
    21        put from the book?
    22
    23   MS. STEEL:  Possibly.  It depends on the answers that the
    24        witness gives obviously.  I was not intending to
    25        actually -- there are a few things that I want to say.
    26        Firstly, the fact that this book has been in existence
    27        since 1992 does not mean I have had it since then.  It is
    28        actually quite an expensive book.  I only got it recently,
    29        and the particular part on boredom eating I only noticed
    30        this lunch time.
    31
    32   MR. JUSTICE BELL:  In relation to this matter, on this occasion,
    33        just mark it with a Post-it, show it to Mr. Rampton.  How
    34        many lines long is it?
    35
    36   MS. STEEL:   It is quite short.
    37
    38   MR. JUSTICE BELL:  A page or about three or four lines?
    39
    40   MS. STEEL:  No, it is less than -- it is about a paragraph
    41        really.
    42
    43   MR. JUSTICE BELL:  Hand that over to Mr. Rampton for the moment.
    44
    45   MS. STEEL:  Perhaps it might be an idea if Mr. Rampton can send
    46        for his copy.  It might make things easier.
    47
    48   MR. RAMPTON:  My Lord, I resile in no way from what I said a
    49        moment ago.
    50 
    51   MS. STEEL:  It is not produced out of a back pocket.  It was 
    52        referred to in Mr. Pattison's statement anyway, so he could 
    53        have disclosed it.
    54
    55   MR. JUSTICE BELL:  Maybe.  But all this may be unnecessary
    56        anyway, because we may be able to get round it without any
    57        inconvenience or injustice to anyone.  Can you actually
    58        recall -- just answer "yes" or "no" for a moment -- the
    59        mention of boredom eating in the book?
    60

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