Day 172 - 12 Oct 95 - Page 57


     
     1        of what the young woman said?
     2
     3   MR. RAMPTON:  That is right.
     4
     5   MR. JUSTICE BELL:  But they may be admissible as to the fact
     6        that they were said to Mr. Magill, in order to be part of
     7        -- if I say raes gesti, it is all just confusing -- but as
     8        background to what he then says he did or what he said to
     9        her?
    10
    11   MR. RAMPTON:  Yes.  If a man suddenly takes a decision to get a
    12        union going in a restaurant (assuming anything he says is
    13        true), assuming in his favour that that is true, then he is
    14        entitled to say why he did it and what the reaction of
    15        Management was, and so on and so forth.  If one of the
    16        reasons why he did it was, "I was told by this black girl
    17        that I saw had this awful scar", etcetera, put like that it
    18        is unobjectionable.  If it is tendered as evidence of the
    19        fact that she had the accident, then it is not admissible
    20        and it is objectionable.
    21
    22   MR. JUSTICE BELL: Provided Ms. Steel and Mr. Morris want to rely
    23        on it ---
    24
    25   MR. RAMPTON:  For the first purpose.
    26
    27   MR. JUSTICE BELL: -- for the first purpose, it has to go in.
    28
    29   MR. RAMPTON:  It has to, yes.  I cannot object to it.  But
    30        I make an objection on all grounds so far as the top of
    31        that other page that I mentioned was concerned -- I think
    32        it was page 4, the bit about Kevin, and the first part of
    33        the second paragraph on page 4, unless it be said, Oh,
    34        well, he is only explaining his beliefs and that is why
    35        (inaudible).
    36
    37   MR. JUSTICE BELL: I am not going to ask you to reply to this
    38        this afternoon.
    39
    40   MR. RAMPTON:  I thought it might be useful to explain that
    41        difference ---
    42
    43   MR. JUSTICE BELL: Just pause for a moment.
    44
    45   MR. RAMPTON: -- in the quality of hearsay evidence.  I do not
    46        want Ms. Steel standing up in a month's time saying:
    47         "Mr. Rampton never objected to that."  (Pause) Maybe your
    48        Lordship is looking at the same passage as I am.
    49
    50   MR. JUSTICE BELL:  I was just wondering whether it might help 
    51        Ms. Steel and Mr. Morris if I had a copy of Chapter 21 of 
    52        Phipson which is on the rule against hearsay.  What 
    53        I suggest you do is -- I think it is probably just as well
    54        that you have one, unless you specifically say you do not
    55        want it.
    56
    57   MR. MORRIS:  No.
    58
    59   MR. JUSTICE BELL: It is about 26 pages of Phipson.
    60

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