Day 242 - 29 Apr 96 - Page 29


     
     1   MR. MORRIS:  Shall I get a copy of that page at the moment?
     2
     3   MR. JUSTICE BELL:  I think if you give it to me now, if
     4        Mr. Riley can help, then it will not be forgotten.  I am
     5        going to put them behind Mr. Cesca because that is where
     6        they came from originally.
     7                  (Pause while photocopies are made)
     8
     9   MR. MORRIS:  Can I just ask a question about the status of
    10        Ms. Bensilum's statement that has not been taken as
    11        evidence?  I am particularly interested in the last but one
    12        sentence which reads -----
    13
    14   MR. JUSTICE BELL:  Let me find that.  Can you give me the
    15        reference?
    16
    17   MR. RAMPTON:  My Lord, this is, with respect to Mr. Morris, a
    18        sterile exercise.  I do not offer Ms. Bensilum as a
    19        witness.  I shall not be calling her.  I have not asked
    20        leave to put a Civil Evidence Act notice on her witness
    21        statement.  It is not appropriate except for the purpose of
    22        interlocutory argument to make reference to that statement
    23        in open court.  It has no status as evidence before your
    24        Lordship.
    25
    26   MR. MORRIS:  I want to know whether we should put a Civil
    27        Evidence Act notice on the sentence, where she says
    28        that  -----
    29
    30   MR. JUSTICE BELL:  Do not read it here.
    31
    32   MR. MORRIS:  I think it has been read out ------
    33
    34   MR. JUSTICE BELL:  Refer me to where it is and I will look at
    35        it.
    36
    37   MR. MORRIS:  It has been read out about 10 times before.
    38
    39   MR. JUSTICE BELL:  Do not worry.  Follow the normal form.  Tell
    40        me where it is first.
    41
    42   MR. MORRIS:  It is the Edi Bensilum statements.
    43
    44   MR. JUSTICE BELL:  Which part of them?
    45
    46   MR. MORRIS:  It would be the Environment statements, I believe,
    47        of the Plaintiff's witnesses.  I do not know what volume
    48        that would be.  I think it is in the same volume as
    49        Mr. Cesca's.
    50 
    51   MR. JUSTICE BELL:  Yes, it is divider 2. 
    52 
    53   MR. MORRIS:  It is the last but one sentence of her statement.
    54        Whether we can put a Civil Evidence Act notice on that
    55        sentence -- it is actually something I forgot to ask
    56        Mr. Rose about, where she says what she told him what the
    57        case is.  I am particularly interested in "most of the
    58        farms being established in the 1950s".
    59
    60   MR. JUSTICE BELL:  You have to have your Civil Evidence Act

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