Day 114 - 04 Apr 95 - Page 68


     
     1
     2   MR. JUSTICE BELL:  He can do that.  This is going a step
     3        further.  Whatever Mr. Rampton's motive is, what I am
     4        putting to you is an opportunity for Dr. Long which he has
     5        not had, he need not take it if he does not want to because
     6        he is not a party to the action, but it actually gives him
     7        an opportunity to check through and actually see whether
     8        there are some things which he would disagree with in
     9        Dr. Gregory's evidence which, as it happens, he has not yet
    10        spoken to.
    11
    12   MR. MORRIS:  We are happy with that, yes.
    13
    14   MS. STEEL:  As long as ----
    15
    16   MR. JUSTICE BELL:  If in however many months time it is said to
    17        me that Dr. Long had the opportunity to read the transcript
    18        and he did not disagree with Dr. Gregory on that, the
    19        result of that may be that I do not have any evidence from
    20        Dr. Long challenging Dr. Gregory.  What I am saying is my
    21        inference will not be:  "Therefore, he agreed", because it
    22        may just be that he may have missed it.  That is all.
    23
    24   MS. STEEL:  I think with that clarification we will accept this
    25        is going ahead.
    26
    27   MR. JUSTICE BELL:  That is what I said at the beginning to
    28        Mr. Rampton, which was my only reservation about it.
    29
    30   MS. STEEL:  I do have specific concern that I want to raise now
    31        about these documents from the Meat and Livestock
    32        Commission, because we cross-examined Mr. Bowes about this,
    33        and it was clear that he did not actually have anything to
    34        do with the preparation of those documents.  I therefore
    35        stopped cross-examining him about it and was going to put
    36        it in argument that he was in no position to contradict
    37        Dr. Gregory because he had nothing to do with the actual
    38        testing.  So I am very unhappy that Mr. Rampton is trying
    39        to assert there was some evidence to the contrary.
    40
    41   MR. JUSTICE BELL:  There is no way I could stop Mr. Rampton
    42        saying, "If this figure were such, if that figure were
    43        such" and so on, then asking Dr. Long what the conclusion
    44        is.  The only question is whether he should for quickness
    45        of reference and so that they are not just figures spoken
    46        by Mr. Rampton, Dr. Long can see them written down in front
    47        of him and be able to refer to the document.  That is all.
    48        At the end of the day you still have your argument,
    49        "Whatever he said, his view was if those were the figures
    50        there is actually no admissible evidence that those were 
    51        the figures". 
    52 
    53        You have not abandoned that argument, as it were, by not
    54        objecting to Mr. Rampton putting the figures on a piece of
    55        paper in front of him.  He could go away, if you like, and
    56        write them all out again on a bit of A4 in long hand and
    57        say, "If those were the figures, what would you make of
    58        it?"  It just seems to me that if Mr. Rampton could do
    59        that, he might just as well be able to refer to the
    60        document.  By allowing him to do that, I am not saying that

Prev Next Index