Day 073 - 13 Jan 95 - Page 19


     
     1        paper entirely.  That is an entirely different argument.
     2        It not a matter for Mr. Hopkins at all.  It is a matter for
     3        your Lordship at the end of the day.  The issues, as I see
     4        them, are as I believe I have stated them.  The reason
     5        Mr. Mallinson gave a lot of evidence was because Mr. Morris
     6        cross-examined him for two days.
     7
     8   MR. JUSTICE BELL:  I have to say I am not sure that is exactly
     9        right because you started off by putting the whole of his
    10         -- that may or may not, if I may say so, have been a wise
    11        decision in so far as one wants to limit the scope of
    12        evidence in this case, because the fact is it goes in, the
    13        whole lot of it, as part of your case.
    14
    15   MR. RAMPTON:  I know it does, my Lord, but once one looks at the
    16        issue in the case, the whole statement goes in.  It has
    17        happened repeatedly.  One can see perfectly well there are
    18        large areas of evidence given both orally and on paper by
    19        many of them which, in the end, are not going to help your
    20        Lordship in the very slightest.
    21
    22   MR. JUSTICE BELL:  I know, but all I am saying in answer to what
    23        you said, and I see some merit in it from one aspect, but
    24        I can see that for your opponents it is difficult for them
    25        to take short cuts when the fact is that part of the
    26        evidence in your case is the whole of Mr. Mallinson's
    27        statement in its revised form.
    28
    29   MR. RAMPTON:  My Lord, that may be so.  That still does
    30        not -----
    31
    32   MR. JUSTICE BELL:  An alternative approach would be to say:  "We
    33        have all read your statement, the parts I want to be your
    34        evidence-in-chief are" and then enumerate the paragraphs.
    35        I appreciate that is said with the wisdom of hindsight in
    36        the light of the stand you have taken this morning, but it
    37        is probably worth saying for the future.
    38
    39   MR. RAMPTON:  It does not really make any difference to the
    40        submission I am now making.  And I do make it formally now
    41        because I am anxious to save time.  I do not see any virtue
    42        in sitting here while Mr. Morris goes through line by line,
    43        paragraph by paragraph, what Mr. Hopkins has said in his
    44        statement.  I have made my position clear.  I do not see
    45        anything in Mr. Hopkins' statement which, so far as the
    46        resolution of the issues in this case is concerned, I need
    47        to ask him any questions about at all.  Of course, it may
    48        be that the conclusions which he draws about McDonald's
    49        responsibility for this, that and the other will be
    50        different from those that I or your Lordship may draw at 
    51        the end of the case.  But those are mere inferences on the 
    52        factual or expert basis of what he says in his report. 
    53        I see no reason to take issue with him on those issues,
    54        simply because they do not really bear on McDonald's
    55        responsibility for the destruction of forests.
    56
    57        For that reason, I have seen no virtue -- and I submit your
    58        Lordship should not allow Mr. Morris to go through in open
    59        court on his feet while we all sit here -- no doubt there
    60        are some things we can usefully employ ourselves to do

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