Day 187 - 13 Nov 95 - Page 06


     
     1        translation.
     2
     3   MR. RAMPTON:  It has to be.
     4
     5   MR. JUSTICE BELL:  Do you see the point?
     6
     7   MR. RAMPTON:  Yes.  It has to be.
     8
     9   MR. JUSTICE BELL:  It is no use, later on, suddenly
    10        saying, "Oh, well, I have read the French, and the French
    11        means this, that and the other", when I may say, "Yes,
    12        I agree that is what the French means to me, but the fact
    13        is, we have an English translation which is the evidence
    14        and is different."
    15
    16   MR. RAMPTON:  That is right; and your Lordship for that purpose,
    17        as I understand it, is obliged to ignore whatever knowledge
    18        of French you have, under the rules of English procedure;
    19        the evidence has to be given in English.  That is the
    20        problem I have.
    21
    22        If your Lordship would wish it read and if I have --
    23        probably, I would not ask for more than about 10 minutes --
    24        but if I have, after that, any quibbles with the
    25        translation, then perhaps that would be the time for me to
    26        make them clear.
    27
    28   MR. JUSTICE BELL:  I think that is right.  It is not a concern
    29        of Mr. Morris', because if he is content that the English
    30        translation be the evidence, I am certainly accepting it as
    31        such, but I am merely pointing out -- although I think the
    32        ball is in your court -- that if there is any unhappiness
    33        about the translation, take it up.  That is all.
    34
    35   MR. RAMPTON:  Yes.
    36
    37   MR. MORRIS:  Yes.  Just going back to the documents ---
    38
    39   MR. JUSTICE BELL:  Yes.
    40
    41   MR. MORRIS:  -- whilst is not necessary to rely on them as
    42        evidence, it will be useful to put them in front of the
    43        witness so that he can explain what they are and where he
    44        refers to them in his statement.  So I intend to do that.
    45        We just do not -----
    46
    47   MR. JUSTICE BELL:  What do you need them for?
    48
    49   MR. MORRIS:  So that he can confirm that, you know, these are
    50        the documents he refers to, and ----- 
    51 
    52   MR. JUSTICE BELL:  How does that advance the evidence? 
    53
    54   MR. MORRIS:  With respect, it is in the interests of getting the
    55        truth out that the witness be able to express himself and
    56        to remind himself.  If he sees a document, he can
    57        say, "Yes, I wrote to McDonald's Corporation."  For
    58        example, there is a letter where he wrote to the Head of
    59        McDonald's France and McDonald's France replied.
    60

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