Day 070 - 20 Dec 94 - Page 50
1 be questioned about it.
2
3 We feel that it is not something that should keep being
4 said in front of witnesses. That is why we wanted it left
5 to today rather than saying it in front of Mr. Gonzalez
6 when he was here.
7
8 MR. JUSTICE BELL: I will bear what you have said in mind.
9 I think it was me more often than Mr. Rampton.
10
11 MR. RAMPTON: My Lord, I have to say that when I think it
12 appropriate to do so, whether it be a hypothetical question
13 or a question repeated, as often as not, to which the
14 witness has already indicated, sometimes giving reasons,
15 that he does not know the answer and cannot be expected to
16 know the answer, I am afraid I shall continue to intervene.
17
18 MR. JUSTICE BELL: My recollection is that when you intervened
19 it was after the witness had already said something to the
20 effect: "I do not know".
21
22 MR. RAMPTON: Indeed.
23
24 MR. JUSTICE BELL: I am conscious that I on a number of
25 occasions -- I will continue to do so if I think it right
26 to do so -- to explain to a witness who is trying to be
27 helpful but is clearly beginning to talk about matters
28 which they do not know of, not to hesitate, to say: "I do
29 not know". Because I have been concerned with some
30 witnesses on both sides in this case that, in their anxiety
31 to help, they have launched out into areas they do not
32 really know about.
33
34 MR. RAMPTON: My Lord, can I say something about that? I am
35 conscious that we are jolly nearly finished now, I hope
36 and, therefore, I am not wasting time; we will not have to
37 come back tomorrow -- whatever Mr. Morris says, I shall say
38 this, if I may: There are two reasons why, in my
39 respectful submission, it is desirable that your Lordship
40 should give indications of that kind. The first is, of
41 course, it saves time; the second is, and one noticed it
42 particularly when Dr. Gomez Gonzalez was being
43 cross-examined, the witness does have a temptation to
44 expatiate upon matters which are plainly beyond his
45 knowledge, the ancient history of McDonald's rainforest
46 policy, for example. The danger is, not that your Lordship
47 will be mislead by this -- that is not a danger at all --
48 but Mr. Morris or Ms. Steel may take the answers as being
49 evidence, which they are not, and waste an awful lot of
50 time preparing their closing speeches, for example, on a
51 false basis. It is much safer if the witness is
52 constrained to say: "I simply do not know; I was not
53 there".
54
55 MR. MORRIS: I think if I can say something on this? I think
56 there are two things: Witnesses can be encouraged to say
57 if they do not know something, to say so, but they should
58 also be encouraged that if they do know something about
59 something, they should answer the question and not avoid
60 answering the question. As far as we are concerned, that
