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.

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