Day 260 - 11 Jun 96 - Page 26
1 Carry on on Mr. Morris's point. It is a little more
2 difficult with Mr. Morris's point, because at least
3 Mr. Bishop can answer those questions if you put them. What
4 he cannot, I suppose, give any particularly useful answer
5 to is if Mr. Morris puts to him, "I suggest that I did not
6 in fact phone", because Mr. Bishop's knowledge runs out
7 there. I suppose he might say, "Well, it is true I did not
8 hear who was on the other end of the telephone, but Marion
9 turned round and said 'Dave wants to know this'." So,
10 further information may come out.
11
12 But the point is, it is an opportunity to make it clear to
13 the judge whether there is an issue or not on whether
14 Mr. Morris did phone. Counsel habitually use those
15 opportunities to make it clear where there is an issue on
16 detail.
17
18 MS. STEEL: Right. I cannot remember the specific conversation
19 and exactly what I said, but I would just as a -- I know
20 categorically that I do not act under other people's
21 instructions, I do not act under Dave's instructions, and
22 that I would not have come along and said it in that kind
23 of manner, that I was acting under those instructions.
24
25 MR. JUSTICE BELL: What you might want to put is: "Are you sure
26 I did not say, 'I think Dave might well want to know what
27 the meeting is next week'", which would mean you thought
28 that he would want to know, but had not been actually asked
29 by him to find out. I cannot make your case for you.
30 I just want you to put it to the witness.
31
32 MS. STEEL: I cannot put something that, you know, I cannot
33 recall the specific event. If I could just explain
34 further?
35
36 MR. JUSTICE BELL: Then you raise the query in this way,
37 I suggest: "Are you sure that I said anything about any
38 interest expressed by Dave", which really just trails your
39 coat and tells me that you are not accepting it, but you
40 have no positive evidence to the contrary.
41
42 MS. STEEL: The point I am trying to get at is that I would not
43 act under somebody's instructions, i.e., specifically going
44 to find out information for them. If I bumped into someone
45 in the street and they said to me, "Do you know what is
46 going on next week", then I might very well turn up at the
47 meeting and say, "So and so was interested to find out what
48 was going on next week", and that was, you know -- the
49 witness that is here may, you know, may have -- I might
50 have turned up and said, "Dave was interested to know what
51 was going on next week", but it is just that I would not
52 have been doing it as acting under his instructions. I do
53 not really know how I can put that to the witness, beyond
54 saying that.
55
56 MR. JUSTICE BELL: You need not bother to go any further now,
57 because you have made it clear to me what your position
58 is. But if you even think that you might not have said
59 some words like "Dave wants to know what is going on next
60 week" -- forget whether he had given you some order or
