Day 260 - 11 Jun 96 - Page 27


     
     1        direction or merely expressed an interest in a general
     2        conversation to you -- then put the challenge to
     3        Mr. Bishop.
     4
     5   MS. STEEL:   Right.
     6
     7   MR. JUSTICE BELL:  We have taken a long time on it, but it might
     8        not be a complete waste of time, because that is the kind
     9        of procedure I would like you to follow in the future with
    10        Mr. Bishop and the other witnesses
    11
    12   MS. STEEL:  I am trying to do that, yes.  I mean, the other
    13        thing is, the notes were not actually evidence, anyway,
    14        but -----
    15
    16   MR. JUSTICE BELL:  No, except that -- just pause a moment.  They
    17        are not evidence anyway, but it was fair enough of you to
    18        raise it, because what is evidence is Mr. Bishop's
    19        statement which he has averred as part of his
    20        evidence-in-chief to the effect that "later Helen Steel
    21        arrived with a specific request from Dave Morris".  So that
    22        is in evidence.  You then began to cross-examine --
    23        admittedly, using the note rather than the statement; but
    24        in many ways it is more sensible to use the note, because
    25        that is a source of his recollection today.
    26
    27        (To the witness)  I hope that is not unfair, Mr. Bishop?
    28        A.  No.
    29
    30   MS. STEEL:   OK.  Can I just ask about the general outlay of
    31        your notes?
    32        A.  Yes.
    33
    34   Q.   Where you have got parts that are in the kind of curly
    35        brackets and in italics, they are where you are kind of
    36        commenting on what has been going on, are they?
    37        A.  Yes.  They were more my comments about what was
    38        happening rather than what actually happened.
    39
    40   MS. STEEL:  Right.  OK.
    41
    42   MR. JUSTICE BELL:  Before we pass on, I think it would be
    43        helpful if Mr. Morris merely suggests to the witness if it
    44        is his case that he did not make the call.  The way I would
    45        have probably done it was just, for instance, to have said
    46        to the witness -- he asked what would have been my second
    47        question first -- I would have said, "I suggest to you Dave
    48        Morris did not phone", and if Mr. Bishop said, "Well, that
    49        is what I deduced", I would have said, "But you only heard
    50        one end of the conversation, did not you", and he would 
    51        say, "Yes", and I would pass on; in due course, if 
    52        I thought it important enough, I would give a bit of 
    53        evidence about it myself.
    54
    55   MR. MORRIS:  I cannot remember if I spoke to Helen about it, but
    56        it does not seem to be unreasonable to find out was going
    57        on.
    58
    59   MR. JUSTICE BELL:  I am not interested in that at the moment.
    60        It is the question of the phone call.

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