Day 169 - 04 Oct 95 - Page 63


     
     1
     2        I have already indicated that Ms. Steel, and the same will
     3        apply to you, can take into the witness box notes to remind
     4        her of the topics she wants to deal with and she will say
     5        what she wishes to say as if she was being questioned by
     6        her own barrister or solicitor were she represented.  It
     7        may well be that I will ask her questions, but, if I do so,
     8        it is only to pick up some possible relevant pointers to
     9        try and keep things in order.
    10
    11        When Ms. Steel has finished giving her evidence-in-chief,
    12        as it were, then you are given an opportunity to
    13        cross-examine her and you must go before Mr. Rampton or
    14        Mr. Atkinson, because the rule is that parties on the same
    15        side, or those who represent them, question before
    16        cross-examination by the person on the other side.
    17
    18        When you have finished your cross-examination, which you
    19        will, presumably, be using not to test Ms. Steel's evidence
    20        but to bring out any other matters you think she could
    21        usefully say which she has omitted to say, Mr. Rampton will
    22        cross-examine Ms. Steel and when he has completed his
    23        cross-examination I will say to Ms. Steel, "Is there
    24        anything more you wish to say arising out of the matters
    25        which Mr. Rampton has dealt with", because that is the
    26        equivalent of re-examination which should strictly be
    27        directed at matters which have arisen in
    28        cross-examination.
    29
    30        If, in fact, Ms. Steel says, "By the way, I missed
    31        something when I was going through my evidence to start
    32        with, it does not arise from what I was asked in
    33        cross-examination but can I tell you now", the answer will
    34        be "yes".  But, subject to that, and Mr. Rampton wanted to
    35        cross-examine further, that will be Ms. Steel's evidence.
    36        I will then ask her if she wants to call any further
    37        witnesses she has not called.  If she does, she will call
    38        them and then I will go through exactly the same procedure
    39        with you.
    40
    41        If, at any stage, when either of you is in the witness box,
    42        even if you are in the middle of your own evidence, you
    43        have any doubt or query about procedure you must not
    44        hesitate to ask me about it.  So when you come to
    45        cross-examine Ms. Steel, if you want to ask me about
    46        anything you can, and if either of you want to ask me about
    47        procedure before you go into the witness box you can.  But
    48        that is the essential procedure.
    49
    50   MR. MORRIS:  The "any further witnesses" - what is the purpose 
    51        of that?  Is it just things that may have been missed out 
    52        in the evidence? 
    53
    54   MR. JUSTICE BELL:  Yes.  It is so that you do not find that the
    55        evidence has closed and you still have someone you have not
    56        called.  In fact, what may be the most convenient way of
    57        doing things, if you still have witnesses left over for any
    58        reason, is for Ms. Steel to give her evidence, for you to
    59        give yours, and then call the additional witnesses.
    60

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